Urgent, personal injury case analysis, personal injury compensation case typical

The basis for compensation is insufficient, and it is difficult to establish.

Legal analysis: If personal injury is caused in real life, you can file a lawsuit with the court and get compensation through the trial.

Legal basis: Civil Code of the People's Republic of China

Article 1002:Natural persons enjoy the right to life. The safety and dignity of natural persons are protected by law. The right to life of others must not be infringed upon by any organization or individual.

Article 1003:Natural persons enjoy the right to the body. The physical integrity and freedom of movement of natural persons are protected by law. No organization or individual may infringe upon the physical rights of others.

Article 1004: Natural persons enjoy the right to be healthy and suspicious. The physical and mental health of natural persons is protected by law. The right to health of others must not be infringed upon by any organization or individual.

Civil Procedure Law of the People's Republic of China Article 119: Litigation must meet the following requirements: (1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the earlier case; (2) There is a clear defendant; (3) There are specific litigation claims, facts, and reasons; (4) It is within the scope of civil litigation accepted by the people's court and the jurisdiction of the people's court receiving the lawsuit.

1. The growth rate of personal injury compensation cases is obvious. According to the statistics of the Beijing Statistical Yearbook, the number of personal rights and special infringement dispute cases was 12,562 in 2003, 15,488 in 2004, 18,008 in 2005, and 18,130 in 2006. The "person" in "personal injury" here refers to the right to life, health, and body, which is not consistent with the "person" of "personal rights" in the "Civil Causes of Action Provisions" (which are counted according to the classification of the "Civil Causes of Action Provisions").

Therefore, in order to fully understand the amount of "personal injury compensation" cases in Beijing, it is also necessary to understand the amount of special infringement cases. However, it is not difficult to see from the above table that the amount of personal injury compensation cases is increasing year by year.

2. The types of infringement in personal injury compensation cases are becoming more and more diverse. In addition to personal injury compensation cases caused by fights and neighboring relationships, personal injury compensation cases caused by road traffic accidents, personal injury compensation cases caused by property damage, property division, inheritance, and divorce, there are mainly personal injury compensation cases caused by construction construction, house demolition, enterprise operating environment, and personal injury compensation cases caused by animal breeding, environmental pollution, and school injury accidents.

3. It is difficult to adduce evidence in personal injury compensation cases. Because most of the victims do not have a strong sense of evidence, have little knowledge of the legal provisions of the rules of evidence, are unwilling to take the initiative to collect evidence in a timely manner, and one-sidedly believe that this is the case, the court should make a judgment in favor of the court after filing a lawsuit, so they often miss the collection of evidence or the evidence collected is insufficient, and the unwillingness of witnesses to cooperate and perjury also bring many difficulties to the parties in litigation, resulting in partial or total defeat.

4. The contradictions between the parties are prominent. One party is harmed by the life, physical health, mental damage, etc., and the other party is involved in business, production, social evaluation, etc., and there are large contradictions between the two parties on issues such as their respective responsibilities and the amount of compensation. This is most pronounced in cases of fights and brawls, which, if not properly handled, can lead to the further expansion and worsening of conflicts.

5. The number of cases of compensation for personal injuries in road traffic accidents is growing rapidly, and the problems are prominent. According to the Beijing Statistical Yearbook, there were 293 traffic accident cases in Beijing in 2005, and the number of traffic accidents in Beijing nearly doubled to 480 in 2006. Compensation for personal injuries caused by traffic accidents has become an important factor affecting social stability.

6. The number of cases of compensation for personal injuries caused by raising animals has increased. With the development of society, the breeding of dogs, cats and other pets is increasing. In cases of compensation for personal injuries to dogs, cats and other animals, most animal keepers are at fault, but when the court rules that the keeper bears the liability for compensation, due to the lack of legal awareness, the animal keeper believes that he has not taken the initiative to cause damage, so he refuses to take the initiative to perform the court judgment.

A's conduct constituted an attempt to commit intentional homicide and was in the form of direct intent. Direct intent refers to the psychological attitude of the perpetrator who clearly knows that the result of his act will inevitably or may cause harm to society, and hopes that the harmful result will occur, and the mental attitude of letting the result occur knowing that the harmful result will inevitably occur. A shoots at B, hoping that B's death will occur, but only because he sees that B is no longer moving with his stockings and thinks that B is dead, that the attempt to commit a crime is not affected, and the subjective direct element is not affected.

Intentional homicide, even though A saw that B was no longer moving, thought B was dead, so he absconded, and because a truck with a book happened to be speeding up, he did not have time to brake and ran B to death. However, this does not affect the conviction of A. Because there is a causal relationship between B's death and A's previous actions, the truck knocking down B does not sever the causal relationship between the consequences of A's previous shooting behavior.

1. A constitutes the crime of intentional homicide 2. It is a completed intentional crime. Although A did not directly cause B's death, A's act of opening **mu pants and dumping B's brother Naijie already met all the elements of intentional homicide. Attempted crime refers to an attempt to commit a crime that has already begun to commit a crime and has not succeeded for reasons other than the will of the criminal.

A constituted intentional homicide (attempt) A Laoyuan constituted the state of unserved cave, because A had the intention to kill people and also committed the act of killing, but he did not kill the person, and he thought he had killed, but he did not die. A's death was caused by a truck being hit at a high speed.

A taxi driver in Xinyang urgently avoided danger, and the passenger was injured and asked for compensation.

Xinyang, China, Sept. 14 (Xinhua) -- Recently, the Shihe District Court of Xinyang City concluded a tort dispute compensation case in which a taxi driver took emergency evacuation measures and caused injuries to passengers.

It is understood that Wu in Shihe District, Xinyang City, took a taxi driven by Li to go out on errands, and when he reached a certain section of National Highway 107, suddenly a child crossed the road in front of him, and Li hurriedly braked urgently when he saw this, thus avoiding a car accident. However, due to Li's emergency braking, Wu in the back seat suddenly leaned forward and hit his head, and spent 300 yuan in medical expenses after hospitalization. After Wu was discharged from the hospital, he found Li and asked him to bear his medical expenses, mental damage and other expenses totaling 1,000 yuan, but Li refused to compensate on the grounds that he was not at fault.

After the negotiation failed, Wu filed a lawsuit with the Shihe District Court on August 31, 2011, demanding that Li compensate him for medical expenses and mental damages totaling 1,000 yuan.

After the trial, the court held that, according to Article 302 of the Contract Law, "the carrier shall be liable for damages to the passenger's ** during transportation, unless ** is caused by the passenger's own health or the carrier proves that ** is caused by the passenger's intention or gross negligence"; Article 129 of the General Principles of the Civil Law of the People's Republic of China stipulates that: "Where damage is caused by emergency avoidance, the person who caused the danger shall bear civil liability."

If the danger is caused by natural causes, the emergency evacuator shall not be liable for civil liability or shall be liable for appropriate civil liability. Where undue damage is caused by improper measures taken for emergency evacuation or exceeding the necessary limit, the emergency evacuee shall bear appropriate civil liability."

In this case, Wu took Li's taxi and established a passenger transport contract relationship with Li, and Li had the obligation to send Wu to the destination safely, although Li's injury was caused by Wu's emergency avoidance in order to avoid the occurrence of a car accident, this could not be a reason for Li's exemption, and Li should be appropriately liable for compensation. Finally, after mediation by the court, the two parties reached a mediation agreement, and Li agreed to compensate Wu for various losses totaling 500 yuan. (Xu Hao, Gao Haibo).