plagiary, falsification or imitation, the citizen or legal person shall have the right to demand that the infringement be stopped, the effects of the infringement eliminated and damage compensated for.
Article_119
In the case of violation of a citizen's person causing bodily injury, compensation shall be paid for medical costs, reduced income due to time off work and the living allowance of a disabled person, etc. If death is caused, costs such as the funeral expenses of the deceased and the necessary living costs of those who were dependants of the deceased prior to his death shall be paid.
Article_120
If a citizen's right to a name, right of portrait, right of reputation or right of honour is infringed upon, he shall have the right to demand that the infringement be stopped, that his reputation be restored, that the effects of the infringement be eliminated and an apology made. He may also claim damages.
If a legal person's right to a business name, right of reputation or right of honour is infringed upon, the provisions of the preceding paragraph shall apply.
Article_121
If a State organ or an employee of a State organ in the execution of his duties violates the legitimate rights or interests of a citizen or legal person and causes damage to be sustained, civil liability shall be assumed.
Article_122
If damage is caused to another person's property or body as a result of a substandard product, the manufacturer and the seller of the product shall assume civil liability in accordance with the law. If responsibility lies with a carrier or storer, the manufacturer and seller shall have the right to claim damages.
Article_123
Civil liability shall be assumed if harm is caused to another person in the course of work which involves a high degree of danger to the surrounding environment, such as the operation of high-altitude, high-pressure, inflammable, explosive, poisonous, radioactive or high-speed transport tools. If it can be proved that the harm was deliberately caused by the victim, civil liability shall not be borne.
Article_124
If State provisions on environmental protection and prevention of pollution are violated, resulting in pollution of the environment and harm to another person, civil liability shall be assumed according to the law.
Article_125
If holes are dug or underground installations repaired or installed in a public place, roadside or thoroughfare without installing clear signs and adopting safety measures, resulting in damage to another person, the construction workers shall assume civil liability.
Article_126
If a building or other installation or an object placed on or suspended from a building collapses, comes loose or falls, causing damage to another person, the owner or manager shall assume civil liability unless it can be proven that he was not personally at fault.
Article_127
If a domestic animal causes damage to another person, the owner or keeper of the animal shall bear civil liability. If the damage results from the fault of the victim, the owner or keeper of the animal shall not bear civil liability. If the damage results from the fault of a third person, the third person shall bear civil liability.
Article_128
Civil liability shall not be borne for damage caused in self-defence. If self-defence exceeds the necessary limits, causing unnecessary damage, then appropriate civil liability shall be assumed.
Article_129
If damage is caused in the course of the urgent avoidance of danger, the person who caused the situation of danger shall assume civil liability. If the danger arose from natural causes, the person urgently avoiding the danger shall not bear civil liability, or shall bear appropriate civil liability. If a person urgently avoiding danger takes inappropriate or excessive measures to do so, causing unnecessary damage, he shall bear appropriate civil liability.
Article_130
If two or more persons jointly infringe upon another person's rights, thereby causing him damage, they shall bear joint liability.
Article_131
If the victim is also at fault with regard to damages caused, the infringing person's civil liability may be reduced.
Article_132
If none of the interested parties is at fault with regard to damages caused, the civil liability may be divided among them in accordance with the actual circumstances.
Article_133
If a person with limited or no capacity for civil acts causes damage to another person, his guardian shall assume civil liability. If the guardian has full discharged his guardianship responsibilities his civil liability may be reduced appropriately. If a person with limited or no capacity for civil acts who owns property causes damage to another person, compensation shall be paid from the person's own property. Any shortfull shall be paid, as appropriate, by the guardian unless the guardian is a unit.
Section 4: Methods of Assuming Civil Liability
Article_134
The main methods of assuming civil liability are: (i) stopping the infringement; (ii) removing the obstacle; (iii) eliminating the danger; (iv) returning the property;
(v) restoring to original condition or state; (vi) repairing, reconstructing or replacing; (vii) compensating for damage; (viii) making a default payment;
(ix) eradicating effects, restoring reputation;
(x) making an apology.
The above methods of assuming civil liability may be applied individually or in combination.
When trying a case, the People's Court may, in addition to applying the above provisions, issue a reprimand, order the signing of a statement of repentance, take possession of the property involved in any illegal activities and of any illegally obtained income and may also impose a fine or detain the person concerned in accordance with the provisions of the law.
Chapter VII — Limitation of Actions
Article_135
The period of limitation of actions on a request to the People's Court for the protection of civil rights is two years, unless otherwise stipulated by the law.
Article_136
In the following cases, the period of limitation of actions shall be one year: (i) demand for compensation for bodily harm; (ii) sale of a substandard item not declared to be such; (iii) delay in or refusal of a payment of rent; (iv) loss of or damage to a deposited article.
Article_137
The period of limitation of actions shall be calculated from the time it was known, or should have been known, that a right was infringed upon. If more than twenty years have passed, however, since the date of the infringement of the right, the People's Court shall offer no protection. The People's Court may, under special circumstances, extend the period of limitation of actions.
Article_138
If an interested party is willing to perform its obligations after the period of
limitation of actions has been exceeded, it shall not be restricted by the limitation of actions.
Article_139
If, within the final six months of the period of limitation of actions, the right to request protection of civil rights is unable to be exercised due to reasons of force majeure or other obstacles, the limitation of actions shall be suspended. Calculation of the period of limitation of actions shall continue from the date on which the reason for the suspension of the limitation of actions is eliminated.
Article_140
The limitation of actions shall be interrupted if legal proceedings are commenced or if an interested party demands or agrees to fulfilment of its obligations. Calculation of the period of limitation of actions shall commence anew from the time of interruption.
Article_141
Other provisions of the law on the limitation of actions shall apply in accordance with statutory rules and regulations.
Chapter VIII — Application of the Law to Civil Relations Involving Foreigners
Article_142
The application of the law to civil relations involving foreigners shall be determined by the provisions of this Chapter.
Where the provisions of an international treaty which the People's Republic of China has concluded or has acceded to differ from civil laws of the People's Republic of China, the provisions of the international treaty shall apply, with the exception of those articles to which the People's Republic of China has declared its reservation. Where the law of the People's Republic of China and international treaties concluded or acceded to by the People's Republic of China do not contain provisions in relation to civil matters involving foreigners, international practice may be applied.
Article_143
In the case of a citizen of the People's Republic of China who has settled in a foreign country, the law of the country in which he has settled may be applied with regard to his capacity for civil acts.
Article_144
With regard to the ownership of real estate, the law of the place in which the real estate is located shall be applied.