What are the relevant compensation for civil liability and what are the civil liability liabilities

Legal analysis: According to the provisions of China's Civil Code, civil liability mainly includes the return of property, repair, rework, and replacement; payment of liquidated damages; compensation for damages; Eliminate the impact and restore the reputation; Apologies, etc.

Legal basis: Article 179 of the Civil Code of the People's Republic of China The main ways to bear 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.

Civil liability usually includes the following aspects:

Compensation for property damageIf the tort causes property losses to others, they shall be compensated for their economic losses, including direct economic losses and indirect economic losses, such as loss of work stoppage, loss of profits, etc.

IndemnificationWhere the tortious act causes bodily injury, health damage or other damage to others, the company shall compensate for medical expenses, hospitalization expenses, nursing expenses, lost work expenses, nutrition expenses, etc.

Moral damagesWhere the tortious act causes psychological harm or mental suffering to others, appropriate compensation shall be given.

Title restoration: Where the ownership rights of others are infringed, the original items shall be returned.

Compensation for other damagesSuch as litigation fees, appraisal fees, attorney fees, etc.

It should be noted that civil liability is generally applicable to civil tort cases, while liability for criminal offences is usually determined by criminal judgments, which is different from civil liability.

The standard of compensation for civil liability is as follows:

The items to be compensated in civil litigation include: medical expenses, lost work expenses, Songketan hospital meal allowance, nursing expenses, living allowance for the disabled, disability equipment expenses, funeral expenses, death compensation, living expenses for dependents, transportation expenses, accommodation expenses and direct property losses.

The standard of damages shall be calculated in accordance with the following provisions:

1) Medical expenses: calculated according to the necessary expenses of the hospital for the traffic accident trauma of the parties, and paid by vouchers. If it is truly necessary to continue after the case is concluded, it shall be paid in accordance with the necessary expenses.

2) Lost work expenses: If the party Ye Tong has a fixed income, it shall be calculated according to the fixed income reduced by the person due to lost work, and if the income is more than three times higher than the average living expenses of the place where the traffic accident occurred, the grandson shall be calculated according to three times; If there is no fixed income, it shall be calculated according to the average income of the same state-owned industry in the place where the traffic accident occurred.

3) Hospitalization meal subsidy: calculated according to the business trip meal subsidy standard for the staff of the state organ where the traffic accident occurred.

4) Nursing expenses: During the period of hospitalization of the injured person, if the nursing staff has income, it shall be calculated in accordance with the provisions on lost work expenses; If there is no income, it shall be calculated according to the average cost of living in the place where the traffic accident occurred.

5) Living allowance for the disabled: calculated according to the level of disability and the average living expenses of the place where the traffic accident occurred. Compensation for 20 years from the month of disability.

However, if the age is over 50 years old, the age shall be reduced by one year for each additional year, and the minimum shall not be less than 10 years; Those over the age of 70 are counted as five years.

6) Expenses for disability appliances: If it is necessary to prepare compensatory appliances due to disability, the cost of universal appliances shall be calculated according to the hospital certificate.

7) Funeral expenses: paid according to the funeral expenses standard of the place where the traffic accident occurred.

8) Death compensation: Calculated according to the average living expenses of the place where the traffic accident occurred, the compensation is 10 years. for those under the age of 16, the age is reduced by one year for each year younger; For those over the age of 70, the age shall be reduced by one year for each additional year, and the minimum shall not be less than five years.

9) Living expenses of dependents: limited to the deceased before his death or the disabled person lost the ability to work, and has no other livelihood, calculated according to the subsidy standard for residents in the place where the traffic accident occurred. Persons under the age of 16 are raised until they reach the age of 16.

For a person who is unable to work for 20 years, but over the age of 50, the age shall be reduced by one year for each additional year, with a minimum of not less than 10 years; Those over the age of 70 are counted as five years. Support for other dependants for five years.

10) Transportation expenses: calculated according to the actual necessary expenses of the parties, paid by vouchers.

11) Accommodation expenses: calculated according to the accommodation standards of general staff of state organs in the place where the traffic accident occurred, and paid by vouchers.

12) Direct loss of property: depending on the circumstances.

1) Cease the violation.

2) Remove obstacles.

3) Eliminate hazards.

4) Return of property.

5) Reinstatement.

6) Repair, rework, replacement.

7) Compensation for damages.

8) Pay liquidated damages.

9) Eliminate the impact and restore the reputation.

10) Apologize.

1. The concept of civil liability.

Civil liability, the abbreviation of civil legal liability, refers to the civil legal consequences that a civil entity bears in accordance with the Civil Balance Law or the civil legal liability that should be borne based on the special provisions of the law due to the commission of civil violations in civil activities. Civil liability is a kind of legal responsibility, is an important measure to ensure the realization of civil rights and civil obligations, is the civil legal consequences that civil subjects should bear due to the violation of civil obligations, it is mainly a means of civil remedy, aimed at the victim, the rights and interests of the infringed can be restored.

Constitutive elements: 1. The objective existence of the fact of damage. Damage refers to the adverse impact on the rights of a civil subject due to a certain act or event. The subject of the right can only request legal relief if it suffers pre-processing damages;

2. The illegality of the act. Refers to a violation of a prohibitive or imperative provision of a law. Unless otherwise provided by law, the perpetrator shall only bear legal responsibility for his or her own illegal acts;

3. The causal relationship between the illegal act and the fact of damage. As an element of civil liability, causal relationship refers to the inevitable connection between the actor's act and its objects and the fact of damage;

4. The fault of the actor. The fault of the actor is the state of mind that the actor had when he committed the illegal act, and is a subjective element of civil liability.

2. The difference between civil liability and tort liability.

Civil liability refers to the civil legal consequences that a civil subject should bear due to the violation of civil obligations (statutory obligations or contractual obligations), which can be divided into liability for breach of contract, tort liability and other liabilities. Tort liability generally refers to the civil legal consequences that a civil subject should bear as a result of committing a tortious act, and can be divided into general tort liability and special tort liability. It should be noted that there are more ways to bear civil liability than tort liability.