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 may 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.
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