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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.
Where the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses provided for in the first paragraph of this article on the basis of the circumstances of the rescue, also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, lodging expenses, and lost work expenses incurred by the victim's relatives in handling funeral matters.
Article 18: Where the victim or the deceased's close relatives suffer mental harms, and the person with the right to compensate requests compensation from the people's court for solatium for moral damages, the "Supreme People's Court Interpretation on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" is to be applied.
The right to claim solatium for moral injury must not be assigned or inherited. However, this is not the case where the person obligated to compensate has already promised in writing to give monetary compensation, or the person entitled to compensation has already filed a lawsuit with the people's court.
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Medical expenses, lost work expenses, nutrition expenses, transportation expenses.
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The content of compensation for intentional injuries shall include: medical expenses, lost work expenses, nursing expenses, transportation expenses, hospital meal subsidies, nutrition expenses, and so forth, and where the compensation rights holder sues for compensation for material and moral damages due to violations of life, body, or health, the people's court shall accept it.
Article 1 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 1: Where life, body, or health are infringed upon, and the person entitled to compensation sues the person with the obligation to compensate for material damage or mental damage, the people's court shall accept it. The term "compensation right holder" as used in this article refers to a victim who has directly suffered personal injury as a result of the tort or other causes of harm, as well as the close relatives of the deceased victim. "Compensation obligor" as used in this article refers to natural persons, legal persons, or unincorporated organizations that shall bear civil liability in accordance with law for their own or others' tortious acts or other causes of harm.
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Legal analysis: Intentional injury compensation refers to the corresponding civil compensation, and the civil compensation items are: medical expenses. Lost work expenses, nursing expenses, hospital meal allowances, nutrition expenses, transportation expenses, disability compensation, disability assistive device expenses, etc.
Legal basis: "Judicial Interpretation on Compensation for Personal Injury" Article 17 The victim suffers personal injury, and the expenses incurred due to medical treatment** and the loss of income due to lost work; Including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses, the compensation obligor shall compensate them.
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In China, the current compensation standard for intentional injury is exactly the same as the compensation standard for traffic accidents, which is calculated mainly in accordance with the Civil Code, etc., and the main compensation:
1) Various expenses incurred due to medical treatment** and income reduced due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutritional expenses, etc.
2) Where the victim is disabled due to injury, the necessary expenses incurred by the victim due to the increase in living needs and the loss of income due to the loss of the ability to work, including disability compensation, disability assistive device expenses, and living expenses for dependents, as well as necessary expenses, nursing expenses, follow-up expenses, and so forth actually incurred due to nursing care and continuation.
3) In the event of the death of the victim, the compensation obligor shall compensate the relevant expenses provided for in Article 1 in accordance with the circumstances of the rescue, and shall also compensate for the funeral expenses, the living expenses of the dependents, the death compensation expenses, and other reasonable expenses such as transportation expenses, accommodation expenses, and loss of work incurred by the victim's relatives in handling funeral matters.
4) Where the victim or the deceased's close relatives suffer mental damages, and the person with the right to compensate requests compensation from the people's court for compensation for moral damages, the "Supreme People's Court's Interpretation of Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts" is to be determined. However, if it constitutes a criminal offense, there is no moral damage fee.
As for the specific amount of compensation, it needs to be calculated comprehensively based on the actual loss, evidence, consequences (disability or death), age, household registration, dependents, income of the person and the caregiver, local Pepi statistics, etc.
1. Classification standards for traffic accident compensation.
1) Standards for compensation for personal injuries.
Personal injury compensation standards, including the following items: medical expenses, lost work expenses, nursing expenses, nursing care lost work expenses, social security supplementary contributions, re-entry loss expenses, short-term living expenses for re-employment, and temporary unemployment expenses. Other reasonable expenses such as hospitalization procurement expenses, and solatium for mental damages.
2) Compensation standards for property losses.
The compensation standard for property damage is based on the direct and indirect losses caused by traffic accidents.
3) Standards for compensation for moral damages.
Therefore, in specific judicial practice, the solatium for moral damage can only be determined within a similar, objective, reasonable and appropriate scope based on the specific circumstances of the parties, including the regional economic environment, the identity of the parties, the family background of the parties, the extent of the parties' responsibilities in the case, and the social influence.
2. What are the specific requirements for traffic accident compensation standards?
The traffic accident compensation standard has these requirements:
1) Medical expenses shall be determined on the basis of the receipt voucher issued by the medical institution;
2) Lost time pay, to be determined on the basis of the victim's lost time and income;
3) Transportation expenses, calculated on the basis of the actual expenses incurred by the victim and his or her necessary escorts as a result of seeking medical treatment or transferring to a hospital**;
4) Other fees are also the standard of each other.
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The crime of intentional injury refers to the act of intentionally causing bodily harm to another person. If the illegal act causes more than minor injuries and serious consequences, it is likely to constitute the crime of intentional injury. In the crime of intentional injury, the object of the infringement is the right to physical health of others, and the so-called right to body refers to the personality right of a natural person to maintain the integrity of his limbs, organs and other tissues.
Objectively, it is mainly manifested in the commission of acts that illegally harm the body of others. In accordance with the provisions of the Criminal Law, a case shall be filed if the body of another person is intentionally harmed. Intentional injury to another person is constituted only when the statutory standard of minor injury or above is reached, and the crime of intentional injury is to be filed.
The base sentence for the crime of intentional injury is imprisonment of not more than 3 years, criminal detention or public surveillance. and where serious injury is caused, the sentence is to be between 3 and 10 years imprisonment. Whoever intentionally inflicts bodily harm on another person, causing death, or seriously injuring another 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.
As long as the crime of intentional injury or the crime of causing serious injury or death by negligence is constituted, legal responsibility shall be borne even if it is not intentional, and the victim may also demand civil compensation from the offender. Legal basis: Article 234 of the Criminal Law of the People's Republic of China provides that whoever intentionally harms the body of another person shall be sentenced to up to three years imprisonment, 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.
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On the basis of the compensation regulations stipulated by the state, everyone has negotiated! Unless it is judged by the court, the others are negotiated by themselves, and there is no mandatory stipulation on how much compensation must be paid!
Chapter 10 of the Tort Liability Law is the liability for damage caused by raising animals. >>>More
Raising animals to injure others is subject to tort liability (civil liability), which can be mitigated or waived if the victim is grossly at fault. The scope, items and calculation methods of civil compensation are clearly stipulated in the Tort Liability Law and 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 78 of the Tort Liability Law provides that if an animal raised causes damage to others, the animal keeper or manager shall bear tort liability, but if it can be proved that the damage was caused intentionally or by gross negligence on the part of the infringed party, the liability may be waived or reduced. >>>More
Let's negotiate a solution.
If you are injured to the extent of a minor injury, the person who directly hit someone and caused the injury is criminally liable. The other party must be dissatisfied, dissatisfied with both losing money and suffering a lawsuit. If the other party is not a person who often does evil, it is recommended that you negotiate with the other party, and if the other party meets your requirements, you can issue a certificate to the judicial authority requesting the judicial organ to treat him leniently, so that he can be dealt with leniently. >>>More
The specific compensation depends on the circumstances of the other party's injuries, and where compensation is actively made, the court will generally reduce the punishment as appropriate, and the criminal suspect's attitude of admitting guilt has a certain impact on the court's judgment, and where the body of another person is intentionally harmed, he is to be sentenced to up to three years imprisonment, short-term detention, or controlled release. >>>More
It is very troublesome to determine from the details whether your father is justified in self-defense, that is, whether he is preventing illegal infringement. Although your father was beaten, after all, your father was more ruthless, and the damage caused to him was probably worse than the damage your father received. So, you negotiate, 10,000 is definitely impossible. >>>More