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This is a matter of two areas. First, in psychology, psychological stress does not directly lead to death. Death is a physiological phenomenon. Psychological factors will only cause the person to develop psychological problems, which may lead to murder or suicide due to psychological problems.
Second, the crime must be a violation of the criminal law. It may be a deliberate infringement of the property rights of others, or an intentional infringement of personal rights, etc., before it can be found to be a crime.
Therefore, in reality, if a person is psychologically pressured and causes suicide, it cannot be found to be a crime unless it can be proved that the right to reputation or portrait has been infringed, and that defamation or abuse has occurred. As for the one who causes the killing, it can only be morally condemned.
The core is that psychological stress is not measurable, and it is impossible to determine how much of an impact it has on the death of others. Therefore, it is legally impossible to adduce evidence and sentence in this form.
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Please refer to the following provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases:
Article 17: Where a victim suffers a personal injury, the person obligated to compensate for all expenses incurred for medical treatment, as well as the loss of income due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, lodging expenses, hospital meal allowances, and necessary nutrition expenses.
If the victim is disabled due to injury, the compensation obligor shall also compensate for the necessary expenses incurred by the victim due to the increase in living needs and the loss of income caused by the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as the necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.
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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.
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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.
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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.
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Personal injury compensation disputes.
1) Evidence of the time, place, and cause of the dispute; Evidence related to the handling of disputes by other departments;
2) evidence of the defendant's violation;
3) Proof of personal infringement and injury consequences (disease diagnosis, forensic evaluation, relevant **, etc.);
4) Evidence of compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies, ** expenses, lost work expenses, assistive device expenses, and disability compensation (such as: medical expense receipts, proof of medical department's approval of special care and nursing fee vouchers, bus and ferry tickets, evidence of lost work days and lost work income, etc.);
5) If compensation for funeral expenses or death compensation is requested, the proof of funeral expenses and the proof of kinship, proof of the victim's support, support, and support during his lifetime (including proof of the date of birth and other dependents);
6) Proof that the defendant is not at fault or that the victim is also at fault for the damage or that a third party is at fault;
7) Other evidence.
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According to Section 4 of Chapter 5 of the General Principles of the Civil Law, Personal Rights (Articles 98 to 105), Chapter 6 of Civil Liability (Articles 120 to 133); According to the "Criminal Law" and the "General Principles of the Civil Law", the combined provisions of the Criminal Law and the General Principles of the Civil Law stipulate that the minor circumstances constitute an infringement of the right to life and health, criminal detention, fines, and compensation for the victim, and if the circumstances are more serious, the crime of intentional injury is constituted, and the person who harms the other party shall be criminally detained and tried by the court.
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There are two options to deal with this kind of thing, one is to ignore anything and live a normal life. The second is to buy some fruit to visit, if it can be eased, forget it, if it can't be eased, take plan one.
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As the saying goes, it is not worth dying when you are angry, but if you follow human ethics, it is okay to take a look.
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No videos, no recordings, no witnesses. The court will not sentence it.
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There is no such statement! Don't be afraid to scare you.
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Yes, if there is no evidence, isn't it what he said?!
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Intentional violations of the right to life of others are suspected of constituting intentional homicide and may be punishable by death, life imprisonment and imprisonment for more than 10 years; Acts that intentionally infringe on the right to health of others, if they cause minor or more harm to others, are suspected of constituting the crime of intentional injury and are sentenced to fixed-term imprisonment of not less than three years but not more than ten years, and where serious injuries are caused to others, they are sentenced to ten years imprisonment, life imprisonment and death; where negligently infringes upon the right to life of others, it is suspected of constituting the crime of negligent causing death, and is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; where the circumstances are more minor, a sentence of up to three years imprisonment is to be given; Whoever negligently infringes upon another's right to health and causes serious injury is to be sentenced to up to 3 years imprisonment or short-term detention.
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Judge Goji may be biased in your favor.
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The right to life and health is divided into the right to life and the right to health, the right to life is violated to bear criminal responsibility, and the crime constituted can be the crime of intentional wounding, negligence causing death and other crimes whose object is the life of a citizen, the right to health includes the integrity of body tissues and the integrity of bodily functions, if the health is damaged because of civil torts, civil compensation can be claimed, such as medical expenses, nursing expenses, nutrition expenses, and even some cases can require spiritual solace, but for the nature of the heinous, serious, To bear criminal responsibility, such as the crime of intentional injury, etc., should be treated differently.
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Respect: Helping people with disabilities (vulnerable groups) cross the street.
Assault: Assault on another person.
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Of course. 1. Acts of causing harm in a fight; 2. The result of damage with minor injuries; third, there is a causal relationship between the harmful act and the harmful result; Fourth, the damage is directed at the physical health of others.
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First, the victim should promptly report to the police, and then conduct a forensic medical evaluation, based on the results of which the legal responsibility of the beater is decided.
1. If the injury is slight, the public security organ shall impose a public security penalty on the beater, and bear the victim's medical expenses, lost work expenses, and other expenses.
Article 43 of the Public Security Administration Punishment Law: "Whoever assaults another person, or intentionally injures the body of another person, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined not less than 200 yuan but not more than 500 yuan; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB.
1) Gang up to beat or injure others;
2) Beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60;
3) Repeatedly beating or injuring others, or beating or injuring multiple people at a time. ”
2. If the evaluation result is a minor injury, the public security organs shall file a case for investigation and pursue the criminal responsibility of the beater. If the public security organ refuses to file a case, it may file a private criminal prosecution in the people's court and demand that the perpetrator be investigated for criminal responsibility. Regardless of whether it is a public prosecution or a private prosecution, an attached civil lawsuit can be filed at the same time to demand compensation for medical expenses and other expenses from the other party.
Article 234 of the Criminal Law [Crime of Intentional Injury] Whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death. Where this Law provides otherwise, follow those provisions.
3. The scope of civil compensation is based on the provisions of Article 17 of the [Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases], including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, and so forth.
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1. The perpetrator subjectively has malicious intent or negligence to damage the reputation of others. Bad faith refers to actual malice, that is, the perpetrator knows that the facts are false or has deep doubts about the facts, but still recklessly publishes them, which is not the subjective fault of the perpetrator. Negligence is when the perpetrator foresaw or should have foreseen that the act would damage the reputation of another person, but because of self-confidence or indulgence in such conduct.
2. The perpetrator objectively fabricates facts or disseminates false facts, insults or slanders others in written or oral form, or publishes others' private materials without their consent, or publicizes others' privacy in written or oral form, harming others' right to reputation;
3. The fact that the victim's reputation has been damaged;
4. There is a causal relationship between the perpetrator's illegal acts, illegal acts and harmful consequences.
1. The target of the infringement is a specific person. In addition to naming names, if the designated object is a specific person in a specific environment and under specific conditions, even if there is no name, it can also constitute an infringement of the right to reputation of others. For example, in literary works, although code names or pseudonyms are used, they insult and slander specific people, so that readers can know the object they are pointing at a glance.
2. The method of infringement is mainly to damage the reputation of citizens by means of insult and slander. The so-called insult refers to the act of openly damaging the personality of others and destroying the reputation of others with words or behaviors; The so-called defamation refers to the act of fabricating and disseminating certain false facts and destroying the reputation of others.
3. Subjectively, the actor may be intentional or negligent. Under normal circumstances, infringing on the right to reputation of others by means of insult, slander, etc., can only be intentional and by no means negligent. However, in some special circumstances, such as false news reports or negligence in the performance of duties, it may also cause damage to the right to reputation of others.
If newspapers and magazines publish, publish or ** articles that damage the reputation of others due to lax censorship, they cannot be exempted from civil liability because they are negligent. In addition, if a medical institution inadvertently announces that a citizen suffers from gonorrhea, syphilis, leprosy, or AIDS without the consent of the patient, thereby causing damage to the patient's reputation, it also constitutes an infringement of the citizen's right to reputation.
4. Objectively, there is a fact of illegally infringing on the reputation of others. The so-called fact of defamation infringement refers to the fact that the infringer has engaged in an act that is prohibited by law and harms the personality and reputation of others, and has brought about a decrease in the victim's social evaluation.
5. In terms of consequences, it causes serious damage to the reputation of the victim. The so-called damage caused refers to the occurrence of an act that infringes on the right to reputation, causing the victim to have a lower social evaluation, feeling an unfair social pressure or psychological burden, and being mentally tortured and psychologically traumatized. The degree of damage caused by the consequences of the infringement of the right to reputation is an important objective criterion for judging the difference between civil torts and ordinary immoral acts, administrative violations, and criminal acts.
Right to reputation. It is understandable to give classmates well-meaning and rewarding nicknames, but giving classmates discriminatory and insulting nicknames is an infringement of citizens' right to reputation.
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