Legal Aspects of Criminal and Civil Liability 20

The perpetrator in this case has constituted the second paragraph of Article 234 of the Criminal Law of the People's Republic of China, "the crime of intentional injury".

But do you think you have already signed the second agreement?

Can you tell me more about the first time you signed the agreement? Pay attention to every detail.

In this case, if you sign the second agreement, then the content of the first agreement is crucial.

I don't dare to communicate with a friend on the first floor that the agreement is invalid! Because, in China's Criminal Law, the crime of intentional injury is not a public prosecution case, but a private prosecution case, that is, the people do not sue the officials and do not prosecute them. In other words, if the victim waives the right to criminal prosecution if he does not prosecute the goods, then the state can not pursue his responsibility.

In other words, the procuratorate can not prosecute him, and the court will not support it.

So I would like to know what kind of agreement you have reached, whether this agreement is legal, whether it is an agreement that is executed in accordance with the law, and whether it has legal effect. If the agreement is not signed in accordance with the law, then it can be invalid and you can still pursue his criminal responsibility.

However, I strongly suggest that you do not really pursue his criminal responsibility, but only threaten him to pay compensation. Because, if the defendant is held criminally responsible, then he will think that I am even in prison, what money will I lose? Criminal proceedings can be accompanied by civil proceedings, but generally the defendant will not bother with it after he has been sentenced to a criminal sentence.

Court enforcement is also largely a dead letter.

This is the case in many of the cases I've experienced. Therefore, it is only recommended that you blackmail him and force him to make reparations. Of course, this is all subject to the premise that you also have the right to criminal prosecution. That's why I'd like you to provide us with more details about the agreement.

If you have any questions, you can continue to add them, I hope I can help you.

Yes, you can report the crime directly. The agreement you signed is null and void.

Party B's future medical expenses shall be paid by Party A in coordination with a certain factory. Explain that the follow-up fees are still paid, and you can find a lawyer** you go and ask for this money.

Intentional injury is a public prosecution case, and in this case, the parties to intentional injury causing serious injury cannot agree to "go private". The parties can only reach an understanding agreement on civil matters such as compensation, which is generally a reference basis for the judge in sentencing the severity of the sentence in the conviction, but it must not be substituted for punishment by compensation. Therefore, you can report the case to him for criminal liability and claim civil damages.

The differences between civil liability and criminal liability are: 1. The reasons are different, civil liability is the responsibility that equal subjects should bear for violating the obligations stipulated in civil legal norms or agreed by the parties; Criminal liability is the legal liability arising from the perpetrator's violation of criminal legal norms. 2. The applicable legal norms are different, and when dealing with civil liability, the civil legal norms are applied; In dealing with criminal liability, the Criminal Law and the provisions of the Standing Committee of the National People's Congress on criminal law shall apply.

3. The forms of liability are different, and the forms of civil liability mainly include stopping the infringement, removing obstacles, eliminating dangers, returning property, restoring the original state, compensating for losses, paying liquidated damages, eliminating impacts, restoring reputation, apologizing, etc.; Criminal liability is in the form of criminal penalties. 4. The forms of accountability are different, and the civil liability shall be decided by the court after the parties sue the court in accordance with the principle of non-prosecution and ignorance; Criminal responsibility is mainly filed and investigated by the national judicial organs, so as to pursue the legal responsibility of the criminal suspect, and where the specific circumstances provided for in the Criminal Law are met, the parties may also file a private criminal prosecution with the court.

Legal basis: Article 1,000 of the Civil Code of the People's Republic of China: Where the perpetrator bears civil liability such as eliminating the impact, restoring reputation, or making a formal apology for infringing on personality rights, it shall be commensurate with the specific manner of the conduct and the scope of the impact caused. Where the actor refuses to bear the civil liability provided for in the preceding paragraph, the people's court may employ methods such as publishing an announcement or publishing an effective judgment document in newspapers, periodicals, networks, and so forth, and the costs incurred are to be borne by the actor.

Legal analysis: civil liability and criminal law liability are completely different in nature and content, civil liability is the responsibility that needs to be borne for violating the civil law, and the content is mostly property, while criminal liability is the responsibility that the offender needs to bear for violating the criminal law, and the content is mostly the restriction of personal freedom, etc., and even includes deprivation of life.

Legal basis: Article 176 of the Civil Code of the People's Republic of China: Civil entities are to perform civil obligations and bear civil liability in accordance with the provisions of law and the agreement of the parties.

Criminal Law of the People's Republic of China Article 17: Persons who have reached the age of 16 shall bear criminal responsibility for committing crimes.

Criminal responsibility is the legal responsibility that should be borne for violating criminal legal norms, and there are two categories: principal punishment and supplementary punishment. The main penalties include controlled release, short-term detention, fixed-term imprisonment, life imprisonment, and the death penalty, and the supplementary penalties include fines, deprivation of political rights, and confiscation of property. Capi's criminal law in China provides comprehensive and detailed provisions on this.

Civil liability is the legal responsibility that should be borne by equal subjects for violating civil legal norms, and the main ways to bear civil liability are: stopping the infringement; removal of obstacles; eliminate hazards; return of property; Hark back to; repair, rework, replacement; compensation for damages; payment of liquidated damages; Eliminate the impact and restore the reputation; Apologies, etc.

1. What are the legal responsibilities of patients who fail to perform their obligations?

There are mainly the following 11 ways to bear the legal responsibility for patients who fail to perform their obligations: 1. Stop the infringement; 2. Eliminate obstacles; 3. Eliminate dangers; 4. Return of property; 5. Restitution to the original state; 6. Repair, redo and replace; 7. Continue to perform; 8. Compensation for losses; 9. Pay liquidated damages; 10. Eliminate the impact and restore the reputation; 11. Apologize. Elder brother and grandson changer generally exist in the doctor-patient relationship.

2. Is it a right to claim in rem to stop the infringement, remove the nuisance, and eliminate the danger?

Cessation of infringement, elimination of obstruction and elimination of danger is the right to claim in rem, in accordance with the Civil Code of the People's Republic of China

Article 179:[Methods for Bearing Civil Liability]The main methods for bearing civil liability are:

1) Cease the infringement;

2) removal of obstructions;

c) eliminate the danger;

4) the return of property;

5) restitution;

6) Repair, rework, and replacement;

vii) continued performance;

8) Compensation for losses;

9) Payment of liquidated damages;

10) Eliminate the impact and restore reputation;

11) Apologize.

Where the law provides for punitive damages, follow those provisions.

The methods of bearing civil liability provided for in this article may be applied separately or in combination.

The difference between the two is that the infringement is a kind of infringing act, and the obstruction is to affect the exercise of rights.

Legal liabilities include civil liability, administrative liability, and criminal liability. Civil liability refers to the legal liability that a civil subject should bear for violating civil legal norms. Civil liability includes contractual liability and tort liability.

Contractual liability refers to the liability that the parties to the contract should bear if they fail to perform their contractual obligations or perform their contractual obligations in accordance with the agreement; Tort liability refers to the liability that a civil subject should bear for infringing on the personal rights and property rights of others. The forms of civil liability include property liability and non-property liability, including compensation for losses, payment of liquidated damages, payment of moral damages, cessation of infringement, removal of obstacles, elimination of dangers, return of property, restoration of original state, restoration of reputation, elimination of impact, and formal apology. These forms of liability may be applied separately or in combination.

Administrative liability refers to the legal responsibility that an individual or unit should bear for violating the laws and regulations on administrative management. Administrative liability includes administrative sanctions and administrative penalties. Administrative sanctions are disciplinary sanctions given by superiors within administrative organs to subordinate subordinates for violations of discipline or minor violations that do not constitute a crime.

The types are: warning, demerit, major demerit, demotion, demotion, dismissal, dismissal, probation, and dismissal. The types of administrative penalties are:

Warnings, fines, administrative detention, confiscation of illegal gains, confiscation of illegal property, orders to suspend production and business, suspension or revocation of permits, suspension or revocation of licenses, etc. Criminal liability refers to the legal responsibility that should be borne by individuals or units that violate criminal laws. The types of criminal punishment include five main punishments: public surveillance, criminal detention, fixed-term imprisonment, life imprisonment and death penalty, and three additional punishments: deprivation of political rights, fines and confiscation of property.

Supplementary punishments may be applied separately or in combination with the principal punishment. Legal liability is legally mandatory, so it needs to be clearly and specifically stipulated in the law. In order to ensure that the organs authorized by law pursue legal responsibility for the violators in accordance with the law, and implement legal sanctions, so as to achieve the purpose of maintaining normal social and economic order; At the same time, it also ensures that individuals and units do not violate the law and are not prosecuted.