中华人民共和国民法通则(附英文)

and other such expenses.

　　Article 120

　　If a citizen's right of personal name, portrait, reputation or honour is infringed upon, he shall have the rig

ht to demand that the infringement be stopped, his reputation be rehabilitated, the ill effects be eliminated and an apology be made; he may also demand compensation for losses.

　　The above paragraph shall also apply to infringements upon a legal person's right of name, reputation or honour.

　　Article 121

　　If a state organ or its personnel, while executing its duties, encroaches upon the lawful rights and interests of a citizen or legal person and causes damage, it shall bear civil liability.

　　Article 122

　　If a substandard product causes property damage or physical injury to others, the manufacturer or seller shall bear civil liability according to law. If the transporter or storekeeper is responsible for the matter, the manufacturer or seller shall have the right to demand compensation for its losses.

　　Article 123

　　If any person causes damage to other people by engaging in operations that are greatly hazardous to the surroundings, such as operations conducted high aboveground, or those involving high pressure, high voltage, combustibles, explosives, highly toxic or radioactive substances or high-speed means of transport, he shall bear civil liability; however, if it can be proven that the damage was deliberately caused by the victim, he shall not bear civil liability.

　　Article 124

　　Any person who pollutes the environment and causes damage to others in violation of state provisions for environmental protection and the prevention of pollution shall bear civil liability in accordance with the law.

　　Article 125

　　Any constructor who engages in excavation, repairs or installation of underground facilities in a public place, on a roadside or in a passageway without setting up clear signs and adopting safety measures and thereby causes damage to others shall bear civil liability.

　　Article 126

　　If a building or any other installation or an object placed or hung on a structure collapses, detaches or drops down and causes damage to others, its owner or manager shall bear civil liability, unless he can prove himself not at fault.

　　Article 127

　　If a domesticated animal causes harm to any person, its keeper or manager shall bear civil liability. If the harm occurs through the fault of the victim, the keeper or manager shall not bear civil liability; if the harm occurs through the fault of a third party, the third party shall bear civil liability.

　　Article 128

　　A person who causes harm in exercising justifiable defence shall not bear civil liability. If justifiable defence exceeds the limits of necessity and undue harm is caused, an appropriate amount of civil liability shall be borne.

　　Article 129

　　If harm occurs through emergency actions taken to avoid danger, the person who gave rise to the danger shall bear civil liability. If the danger arose from natural causes, the person who took the emergency actions may either be exempt from civil liability or bear civil liability to an appropriate extent. If the emergency measures taken are improper or exceed

　　the limits of necessity and undue harm is caused, the person who took the emergency action shall bear civil liability to an appropriate extent.

　　Article 130

　　If two or more persons jointly infringe upon another person's rights and cause him damage, they shall bear joint liability.

　　Article 131

　　If a victim is also at fault for causing the damage, the civil liability of the infringe may be reduced.

　　Article 132

　　If none of the parties is at fault in causing damage, they may share civil liability according to the actual circumstances.

　　Article 133

　　If a person without or with limited capacity for civil conduct causes damage to others, his guardian shall bear civil liability. If the guardian has done his duty of guardianship, his civil liability ma

y be appropriately reduced.

　　If a person who has property but is without or with limited capacity for civil conduct causes damage to others, the expenses of compensation shall be paid from his property. Shortfalls in such expenses shall be appropriately compensated for by the guardian unless the guardian is a unit.

　　Section 4 Methods of Bearing Civil Liability

　　Article 134

　　The main methods of bearing civil liability shall be:

　　(1) cessation of infringements;

　　(2) removal of obstacles;

　　(3) elimination of dangers;

　　(4) return of property;

　　(5) restoration of original condition;

　　(6) repair, reworking or replacement;

　　(7) compensation for losses;

　　(8) payment of breach of contract damages;

　　(9) elimination of ill effects and rehabilitation of reputation; and

　　(10) extension of apology.

　　The above methods of bearing civil liability may be applied exclusively or concurrently. When hearing civil cases, a people's court, in addition to applying the above stipulations, may serve admonitions, order the offender to sign a pledge of repentance, and confiscate the property used in carrying out illegal activities and the illegal income obtained therefrom.

　　It may also impose fines or detentions as stipulated by law.

　　Chapter VII Limitation of Action

　　Article 135

　　Except as otherwise stipulated by law, the limitation of action regarding applications to a people's court for protection of civil rights shall be two years.

　　Article 136

　　The limitation of action shall be one year in cases concerning the following:

　　(1) claims for compensation for bodily injuries;

　　(2) sales of substandard goods without proper notice to that effect;

　　(3) delays in paying rent or refusal to pay rent; or

　　(4) loss of or damage to property left in the care of another person.

　　Article 137

　　A limitation of action shall begin when the entitled person knows or should know that his rights have been infringed upon. However, the people's court shall not protect his rights if 20 years have passed since the infringement. Under special circumstances, the people's court may extend the limitation of action.

　　Article 138

　　If a party chooses to fulfil obligations voluntarily after the limitation of action has expired, he shall not be subject to the limitation.

　　Article 139

　　A limitation of action shall be suspended during the last six months of the limitation if the plaintiff cannot exercise his right of claim because of force majeure or other obstacles. The limitation shall resume on the day when the grounds for the suspension are eliminated.

　　Article 140

　　A limitation of action shall be discontinued if suit is brought or if one party makes a claim for or agrees to fulfillment of obligations. A new limitation shall be counted from the time of the discontinuance.

　　Article 141

　　If the law has other stipulations concerning limitation of action, those stipulations shall apply.

　　Chapter VIII Application of Law in Civil Relations with Foreigners

　　Article 142

　　The application of law in civil relations with foreigners shall be determined by the provisions in this chapter.

　　If any international treaty concluded or acceded to by the People's

　　Republic of China contains provisions differing from those in the civil laws of the People's Republic of China, the provisions of the international treaty shall apply, unless the provisions are ones on which the People's Republic of China has announced reservations. International practice may be applied to matters for which neither the law of the

　　People's Republic of China nor any international treaty concluded or acceded to by the People's Republic of China has any provisions.

>　　Article 143

　　If a citizen of the People's Republic of China settles in a foreign country, the law of that country may be applicable as regards his capacity for civil conduct.

　　Article 144

　　The ownership of immovable property shall be bound by the law of the place where it is situated.

　　Article 145

　　The parties to a contract involving foreign interests may choose the law applicable to settlement of their contractual disputes, except as otherwise stipulated by law. If the parties to a contract involving

　　foreign interests have not made a choice, the law of the country to which the contract is most closely connected shall be applied.

　　Article 146

　　The law of the place where an infringing act is committed shall apply in handling compensation claims for any damage caused by the act. If both parties are citizens of the same country or have established domicile in another country, the law of their own country or the country of domicile may be applied.

　　An act committed outside the People's Republic of China shall not be treated as an infringing act if under the law of the People's Republic of China it is not considered an infringing act.

　　Article 147

　　The marriage of a citizen of the People's Republic of China to a foreigner shall be bound by the law of the place where they get married, while a divorce shall be bound by the law of the place where a court accepts the case.

　　Article 148

　　Maintenance of a spouse after di

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