第十六条 侵害他人造成人身损害的,应当赔偿医疗费、护理费、交通费等为治疗和康复支出的合理费用,以及因误工减少的收入。造成残疾的,还应当赔偿残疾生活辅助具费和残疾赔偿金。造成死亡的,还应当赔偿丧葬费和死亡赔偿金。
Article 16:When a tort committed against another results in physical injury, indemnification shall be given for reasonable expenses paid in treatment and recovery such as medical expenses, nursing care expenses and travel expenses, and the reduction in income arising due to absence from work. If a permanent disability is caused, the expenses for disability aids shall additionally be indemnified and disability compensation additionally paid. If death is caused, the funeral expenses shall additionally be indemnified and death compensation additionally paid.
第十七条 因同一侵权行为造成多人死亡的,可以以相同数额确定死亡赔偿金。
Article 17:If one tortious act results in the death of more than one person, an identical amount of death compensation may be determined for each victim.
第十八条 被侵权人死亡的,其近亲属有权请求侵权人承担侵权责任。被侵权人为单位,该单位分立、合并的,承继权利的单位有权请求侵权人承担侵权责任。
Article 18:If an injured person dies, his/her close relatives shall have the right to demand that the tortfeasor bear tort liability. If the injured person is an entity, and such entity is divided or merged, the entity that succeeds to its rights shall have the right to demand that the tortfeasor bear tort liability.
被侵权人死亡的,支付被侵权人医疗费、丧葬费等合理费用的人有权请求侵权人赔偿费用,但侵权人已支付该费用的除外。
When an injured person dies, the person who paid the injured person’s reasonable expenses, such as medical expenses and funeral expenses shall have the right to demand that the tortfeasor indemnify such expenses, unless the tortfeasor has already paid such expenses.
第十九条 侵害他人财产的,财产损失按照损失发生时的市场价格或者其他方式计算。
Article 19:If a tort is committed against the property of another, the loss of the property shall be calculated based on the market value thereof at the time the loss occurred or by other means.
第二十条 侵害他人人身权益造成财产损失的,按照被侵权人因此受到的损失赔偿;被侵权人的损失难以确定,侵权人因此获得利益的,按照其获得的利益赔偿;侵权人因此获得的利益难以确定,被侵权人和侵权人就赔偿数额协商不一致,向人民法院提起诉讼的,由人民法院根据实际情况确定赔偿数额。
Article 20:If a tort committed against the personal rights and interests of another results in a property loss, indemnification shall be paid in line with the loss incurred by the injured person. If the loss incurred by the injured person is impossible to determine, but the tortfeasor derived a benefit from the tort, indemnification shall be paid in line with the benefit so derived. If the benefit derived by the tortfeasor is impossible to determine, the injured person and the tortfeasor fail to reach a consensus on the measure of damages after consultations and a legal action is instituted in a people’s court, the people’s court shall determine the measure of damages based on the actual circumstances.
第二十一条 侵权行为危及他人人身、财产安全的,被侵权人可以请求侵权人承担停止侵害、排除妨碍、消除危险等侵权责任。
Article 21:If a tortious act threatens the safety of another or the safety of the property of another, the injured person may demand that the tortfeasor bear tort liability by ceasing the tortious act, eliminating the obstruction, eradicating the danger, etc.
第二十二条 侵害他人人身权益,造成他人严重精神损害的,被侵权人可以请求精神损害赔偿。
Article 22:If a tort committed against the personal rights and interests of another results in serious emotional distress, the injured person may demand indemnification for emotional distress.
第二十三条 因防止、制止他人民事权益被侵害而使自己受到损害的,由侵权人承担责任。侵权人逃逸或者无力承担责任,被侵权人请求补偿的,受益人应当给予适当补偿。
Article 23:If a person suffers injury in attempting to prevent or halt a tort committed against the civil rights or interests of another, the tortfeasor shall bear liability therefor. If the tortfeasor absconds or lacks the capacity to bear such liability, and the injured person demands compensation, the beneficiary shall give him/her/it appropriate compensation.