HCBBS Forum (English)
Submit Chemical Projects / Find Solutions
Amplify Your Requirements on a Broader Chemical Platform *Engineering · Technology · Equipment · Solutions*
Submit Request

[Interpretation of the Special Equipment Safety Law] Article 97

2022-04-25View Original

Thread Content

Article 97: Those who violate the provisions of this Law and cause harm to persons or property shall bear civil liability in accordance with the law. Those who violate the provisions of this law shall bear civil liability for compensation and pay fines; if their assets are insufficient to cover both, they shall first bear the civil liability for compensation. Interpretation of the provision: This article deals with the assumption of civil liability in accordance with the law, as well as the principle that civil compensation obligations take precedence. 1. Those who violate the provisions of this law and cause harm to persons or property shall bear civil liability in accordance with the law. Civil liability refers to the adverse consequences that citizens and legal persons must bear as required by law due to violations of civil laws, breaches of contracts, or other reasons stipulated by law, including tort liability and breach of contract liability. According to the provisions of this law, the civil liability arising from violations of this law should primarily be tort liability. Article 15 of the Tort Liability Law of the People’s Republic of China stipulates that the main ways of assuming tort liability are: (1) ceasing the infringement ; (2) Remove obstacles ; (3) Eliminate danger ; (4) Return of property ; (5) Return to the original state ; (6) Compensation for losses ; (7) Apology ; (8) Eliminate the impact and restore reputation. The above methods of assuming tort liability may be applied separately or in combination. For example, a major accident occurred during the operation of a large amusement ride, resulting in injuries to visitors. It was determined that the main cause was the failure to manufacture the ride in strict accordance with safety technical standards during its production, which created potential hazards for accidents. Therefore, the manufacturer of this amusement ride should bear primary responsibility for this accident. In accordance with relevant legal provisions, in the event of personal injury, compensation shall be paid for reasonable expenses incurred for treatment and recovery, such as medical costs, nursing fees, and transportation costs, as well as the income lost due to missed work. In cases where disability is caused, compensation for assistive devices needed for daily life as well as disability compensation shall also be paid. In cases where death occurs, compensation for funeral expenses and death benefits shall also be paid. In the event of damage to another person’s property, the amount of property loss shall be calculated based on the market price at the time of the loss or by other appropriate methods. If infringement of another person’s personal rights and interests results in financial losses, compensation shall be paid based on the losses suffered by the infringed party ; If the losses suffered by the infringed party are difficult to determine, and the infringer gains benefits as a result, compensation shall be based on those benefits obtained ; It is difficult to determine the benefits obtained by the infringer as a result; if the infringed party and the infringer fail to reach an agreement on the amount of compensation, and a lawsuit is filed with the people’s court, the people’s court shall determine the amount of compensation based on the actual circumstances. Where an infringement endangers the personal safety or property of others, the victim may request the infringer to assume liability for such infringements, such as ceasing the infringement, removing obstacles, and eliminating dangers. If a person’s physical rights and interests are violated, causing severe mental harm to that person, the victim may request compensation for mental distress, and so on. II. Those who violate the provisions of this law shall bear civil liability for compensation and pay fines; when their assets are insufficient to cover both, they shall first assume civil liability for compensation. Legal liabilities can be classified in different ways according to various criteria. Based on the types of legal liability, it can be divided into civil liability, administrative liability, and criminal liability. Civil liability, as mentioned earlier, refers to the adverse consequences that citizens and legal persons must bear in accordance with the law due to violations of civil laws, breaches of contracts, or other reasons stipulated by law. Administrative liability refers to the adverse consequences that must be borne as a result of violating administrative laws or regulations ; Criminal liability refers to the adverse consequences that must be borne for violating criminal laws. Although civil liability, administrative liability, and criminal liability are three types of legal liabilities with different natures, they may arise simultaneously as a result of the same legal act. When an act violates both civil law and administrative as well as criminal law, the person involved is required to bear civil, administrative, and criminal responsibilities simultaneously. That is, there is a concurrent occurrence of these responsibilities. Civil, administrative, and criminal responsibilities are three types of legal liabilities with distinct natures, each having its own basis for emergence and specific scope of application. Under normal circumstances, the three exist independently of each other and do not conflict. Article 110 of the General Principles of the Civil Law of the People’s Republic of China stipulates: “Where a citizen or legal person who bears civil liability also needs to be held administratively liable, such administrative liability shall be imposed.” ; If a crime is committed, criminal liability shall be pursued in accordance with the law against citizens and the legal representatives of legal persons. Paragraph 2 of Article 38 of the Property Law of the People’s Republic of China stipulates: “Those who infringe upon property rights shall, in addition to bearing civil liability, bear administrative liability in accordance with the law if they violate administrative regulations” ; If a crime is constituted, criminal liability shall be pursued in accordance with the law. ” In certain situations, when the assets of the person held liable are not sufficient to cover both civil compensation obligations and administrative penalties, as well as criminal fines and asset confiscation, a conflict arises among these three types of liabilities, making it difficult to apply them all at the same time. This inevitably raises the question of which type of liability should take precedence. In this regard, Article 4 of the Tort Liability Law of the People’s Republic of China stipulates that where liability for tort, administrative liability, and criminal liability must be borne as a result of the same act, and the tortfeasor’s assets are insufficient to cover all such liabilities, the tort liability shall be fulfilled first. Building on the provisions of the Tort Liability Law, this article further specifies that those who violate the provisions of this law shall bear civil liability for compensation as well as pay fines; when their assets are insufficient to cover both, they shall first fulfill their civil liability for compensation. The reason why civil liability for compensation is given priority is mainly that civil liability refers to the obligation that one party, who is an equal entity, has towards another party in accordance with the law; its purpose is to compensate the right holder for the economic losses incurred as a result of another party’s civil illegal acts, and compensatory nature is a prominent feature of civil liability. Once such compensatory liability is undermined, it becomes difficult for the right holder to realize their rights. Administrative penalties such as fines, penalties, and confiscation of property, as well as criminal penalties, reflect **punishment for the perpetrator. Given the significant differences in an individual’s ability to bear financial losses, when it is not possible to assume more than one type of liability at the same time, failing to pay administrative or criminal penalties such as fines and asset confiscations will not cause financial difficulties for that individual. However, failing to fulfill civil liability obligations can plunge a person into great difficulties or even a desperate situation. Therefore, the principle of giving priority to civil liability compensation reflects the consistency among the three legal sectors in protecting the legitimate rights and interests of citizens and legal persons. When it is not possible to fulfill all these responsibilities simultaneously, civil liability for compensation takes precedence, which facilitates the resolution of disputes between parties. This approach reflects a people-oriented legislative philosophy and helps to promote the humanitarian and just aspects of the law. It should be noted that the application of the principle of giving priority to civil liability compensation is subject to certain conditions. If the property of the responsible person can satisfy civil liability, administrative liability, and criminal liability simultaneously, the responsible person shall bear all three types of liability ; The issue of civil liability compensation taking precedence arises only when the assets of the liable party are insufficient to meet all three types of liabilities simultaneously.

Submit a Project

**Looking for Chemical Technology, Equipment & Solutions?** No Registration Required Broader Platform Exposure | Global Chemical Service Provider Connections

Submit Request — Free Consultation

Disclaimer

This is an automated machine translation of the original thread. Some technical terms may have inaccuracies; the original text shall prevail. Click "View Original" at the top right to access the source page, which supports IP-based automatic real-time language translation. Please watch out for contact details and sales inducements to prevent fraud. All content and translations are for reference only, representing solely the poster's personal views. For enquiries, email service@hcbbs.com.