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侵权人应对第三人的惊吓损害承担以精神损害赔偿为主的民事责任。Accordingly, the tortfeasor should take the responsibility to pay spirit compensation to the victim.
任何共同侵权人都不能够被强迫分摊超过其所占全部责任的按份份额。No tortfeasor is compelled to make contribution beyond his own prorata share of the entire liability.
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共同侵权责任的最终归属都是各行为人对损害承担按份责任。The ultimate form of common liability is that every tortfeasor bears shared liability for the damage.
第三条被侵权人有权请求侵权人承担侵权责任。Article 3 The victim of a tort shall be entitled to require the tortfeasor to assume the tort liability.
免除了所有该侵权人被其他任何共同侵权人请求分摊的责任。It discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
确认不侵权诉讼是自新世纪以来在我国知识产权领域出现的一种新型诉讼。As a rule, victim plaintiff and tortfeasor doubted defendant, but confirming not tort suit changes the roles of two parties.
受害人基于针对某一共同侵权人的判决所获赔偿并不免除其他共同侵权人的责任。The recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors.
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没有过错的,根据行为人的经济状况对受害人适当补偿。If there is no wrongdoing, adequate compensation shall be to the victim by the tortfeasor according to the tortfeasor's economic status.
但中国并不承认“对物诉讼”,因此在中国法律体系下,“船舶”本身显然不能成为责任主体。But China does not admit "action in rem", so "ship" itself cannot be held liable as the tortfeasor for the tortuous act arising from a collision.
替代责任是侵权责任形态理论中的重要内容,它是指基于特定关系,一方对另一方的侵权行为所承担的法律责任。The vicarious liability means that the person is liable to the reparation for injury caused by the tortfeasor holding the special relationship to him.
某一共同侵权人不享有分摊请求权,除非他通过清偿免除了共同责任或者赔偿了超过他自己的按份份额。A joint tortfeasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his prorata share thereof.
侵权责任法具有以损害赔偿为中心的多重功能,应当平衡保护受害人和加害人。The Tort Law, taking the compensation for damages as the centre with multiple functions, is supposed to impose balanced protection on the victim and the tortfeasor causing an injury.
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与一般侵权行为相异,环境侵权行为的间接性、潜伏性、持续性以及伴随性等特性,使审判机关确定环境侵权行为人损害赔偿民事责任极为困难。Due to environmental tort possessing indirect, latent, consecutive and concomitant features, it is extremely difficult for the court to identify the civil liability of the tortfeasor.
该已和解侵权行为人的比较赔偿份额是分配给该已和解侵权行为人的比较责任份额与原告赔偿总额的乘积。The settling tortfeasor, s comparative share of damages is the percentage of comparative responsibility assigned to the settling tortfeasor multiplied by the total damages of the plaintiff.
第四条侵权人因同一行为应当承担行政责任或者刑事责任的,不影响依法承担侵权责任。Article 4 Where a tortfeasor shall assume administrative liability or criminal liability for the same conduct, it shall not prejudice the tort liability that the tortfeasor shall legally assume.