What is the judicial interpretation of violating the right to health of others?

What is the liability for infringement of citizens' right to life and health, according to Article 119 of the General Principles of the Civil Law:"Where a citizen's bodily injury is infringed upon, compensation shall be made for medical expenses, reduced income due to lost work, living allowances for the disabled, and other expenses; where death is caused, funeral expenses and necessary living expenses for those supported by the deceased during his lifetime shall be paid. "Judging from the provisions of the law and judicial practice, the personal injury caused by the violation of the right to life and health can be divided into three types: ordinary injury, disability, and death.

General injury is the situation that after the body is injured, it can recover its health after **, and does not affect the ability to work and live. For general injuries, the scope of compensation for the injured person includes:

1.the victim's medical expenses;

2.the victim's nutrition expenses;

3.** Nursing expenses during the period, ** transportation expenses during the period;

4.The victim has reduced the number of people due to lost work.

Disability refers to the situation in which the body is seriously damaged, and it cannot be recovered or cannot be fully restored after the first time, resulting in partial or total loss of labor or living ability. In the case of disability, the victim shall be compensated for the living allowance in addition to the various expenses that should be compensated for the general injury.

Where death is caused, the victim shall compensate the victim for the necessary expenses such as medical expenses and hospitalization expenses before the victim's death, as well as for the funeral expenses and the necessary living expenses of the persons supported by the deceased during his lifetime.

According to the degree of damage caused to the victim by the infringer, although the scope of compensation for ordinary injury, disability or death is different, the principle of full compensation should be adhered to. Where it is truly impossible to compensate in full or cannot be compensated in full for a while, compensation may be extended or in installments.

Those who infringe on the lives and health of others and cause harm to others are violated by violating the "Public Security Administration Punishment Law" and shall be subject to administrative punishment of the perpetrator.

Where violations of others' rights to life and health cause serious consequences and constitute a crime, criminal responsibility is pursued.

It is a crime It depends on whether the violation is subjectively intentional, how large the violation is, and what the object of the violation is.

Legal Analysis: A violation of the right to health is not necessarily a violation of the right to the body, which refers to the right of citizens to maintain their physical integrity and to freely dispose of all components of their body. The right to health refers to the personality rights of citizens with the normal operation and perfect function of their biological functions and the protection of the interests of human life activities, including the right to health maintenance, the ability to work, and mental health.

The difference between the two is: first, the object of the right to body is the body, and the object of the right to health is health; Second, the benefits embodied in the right to the body are the integrity of the natural person's body tissues and organs, and the interests embodied in the right to health are the perfection of the functions of the natural person's tissues and organs; The third is the right of a natural person to control the components of his or her body, including limbs, organs, blood, etc. The right to health is not overtly dominant, and there is no quality to it.

The right to health is a "specific material personality right" in personal rights, which refers to the right of a person's physical health not to be unlawfully infringed.

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

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 health. 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.