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XINHUA NEWS AGENCY, Beijing, August 22 (Reporter Cao Dian, Huang Yue) The third review draft of the Civil Code's draft on personality rights and the draft on tort liability were submitted to the 12th meeting of the Standing Committee of the 13th National People's Congress for deliberation on the 22nd. Among them, the third review draft of the personality rights draft further clarifies the scope of personality rights.
Previously, the second review draft of the personality rights draft was publicly solicited for opinions. Some opinions suggested that personality rights are the core concept in the personality rights draft and recommended defining this concept to clarify which rights belong to personality rights. In response, the third review draft of the Civil Code's personality rights draft added a provision: Personality rights are rights enjoyed by civil subjects such as the right to life, the right to physical integrity, the right to health, the right to name, the right to a name, the right to portrait, the right to reputation, the right to honor, and the right to privacy, and a separate article was added regarding the legal protection of civil subjects' personality rights.
In addition, the third review draft of the personality rights draft also clarifies that scientific research activities related to the human body must not harm public interests. The second review draft stipulated that medical and scientific research activities related to human genes, human embryos, etc., should comply with laws, administrative regulations, and relevant national regulations, must not endanger human health, and must not violate ethics and morals. The third review draft adopted the opinions of all parties and added a provision to this article: such activities "must not harm public interests".
It is understood that in the third review draft of the Civil Code's tort liability draft, which is being deliberated concurrently, the following modifications have been made to provisions such as "assumption of risk" in the second review draft: First, if a person voluntarily participates in a sports or cultural activity with certain risks and is injured due to the actions of other participants, the victim cannot claim tort liability from other participants, unless other participants intentionally caused or were grossly negligent in causing the harm. Second, if the organizer of the activity is an educational institution such as a school, the relevant liability provisions for educational institutions when students suffer personal injury shall apply.
At the same time, the third review draft of the Civil Code's tort liability draft also improves the rules for network service providers to respond to infringement notices, stipulating that upon receiving a notice, the network service provider shall promptly forward the notice to the relevant network user and take necessary measures according to the type of service.
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