article 3 the victim of a tort shall be entitled to require the tortfeasor to assume the tort liability.
第三条被侵权人有权请求侵权人承担侵权责任。
as a rule, victim plaintiff and tortfeasor doubted defendant, but confirming not tort suit changes the roles of two parties.
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。
it discharges the tortfeasor to whom it is given from all liability for contribution to any other tortfeasor.
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。
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.
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 recovery of a judgment by the injured person against one joint tortfeasor does not discharge the other joint tortfeasors.
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 vicarious liability means that the person is liable to the reparation for injury caused by the tortfeasor holding the special relationship to him.
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.
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。
if there is no wrongdoing, adequate compensation shall be to the victim by the tortfeasor according to the tortfeasor's economic status.
没有过错的,根据行为人的经济状况对受害人适当补偿。
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.
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。
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.
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。
accordingly, the tortfeasor should take the responsibility to pay spirit compensation to the victim.