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Depending on the circumstances, there must be legal evidence to prove that the person was frightened and caused damage to the other party.
The tort liability stipulated in China's Tort Liability Law is mainly fault liability and no-fault liability, of which no-fault liability is an exception, which is only applicable to the special circumstances stipulated in Articles 41 to 91 of the Tort Liability Law of the People's Republic of China, so fault liability is mainly analyzed. Where the perpetrator infringes upon the civil rights and interests of others due to fault, he shall bear tort liability.
Although the provisions of China's law on the principle of equitable responsibility are relatively general and vague, there are strict conditions for its application, and the following three points must be strictly followed:
First, the principle of equitable liability is only applicable to general tort liability cases, but not to special tort cases.
second, both parties must be not at fault, and fault or no-fault liability cannot be applied;
Thirdly, there must be serious consequences of damage. It is only applicable when such damage would impose an unbearable burden on the victim if it was not shared by both parties, and it would be contrary to the concept of social fairness and justice for the victim to bear the burden alone.
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If you are frightened, you can ask the other party for compensation, but it depends on the degree of fright, whether there are some losses and some special circumstances, and there must be certain evidence before you can ask the other party for compensation. For example, some kind of certificate from the hospital, and then the body was damaged.
Traditional medicine believes that the seven emotions of joy, anger, worry, sorrow, fear and panic are closely related to the internal organs, and the change of a certain emotion will cause the corresponding organs to have a pathological reaction at the same time, such as the fear of hurting the kidneys. Where natural persons have suffered unlawful infringement of the following personality rights and file a lawsuit with the people's court requesting compensation for moral harms, the people's court shall accept it in accordance with law:
1. The right to life, the right to health, and the right to body;
2. The right of name, portrait, reputation and honor;
3. The right to personal dignity and personal freedom.
In the event of a car accident, being frightened can claim moral compensation. In actual traffic accidents, not only the victim's right to body, health, and life is harmed, but also causes a certain degree of mental pain to himself and his relatives. In traffic accidents, the physical pain of the victim is only a part, and the mental pain also accounts for a large part, especially in the case of the death of the victim, which is irreparable for the victim's family.
Therefore, in the case of a traffic accident claim, in addition to the normal accident compensation, it is completely reasonable for the victim's relatives to demand that the other party pay a certain amount of financial compensation as compensation for mental damages.
Article 232 of the Criminal Law of the People's Republic of China: Whoever intentionally kills a person shall be sentenced to death, life imprisonment or fixed-term imprisonment of not less than 10 years; where the circumstances are more minor, the sentence is between three and ten years imprisonment.
Article 233:Whoever causes death by negligence 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. Where this Law provides otherwise, follow those provisions.
Article 234:Whoever intentionally injures 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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If you are frightened, you can ask the other party for compensation, but it depends on the degree of entering the school, whether there are some losses, and there are some special circumstances, well, there must be certain evidence before you can ask the other party for compensation. Well, for example, some kind of proof from the hospital, such as that I should have been frightened and then physically damaged.
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Yes. However, it depends on the degree of shock, whether there are some losses and some special circumstances, and there must be certain evidence before the other party can be required to compensate. For example, some kind of certificate from the hospital, and then the body was damaged.
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According to the judicial interpretation of the Supreme People's Court, the provisions are as follows: Where a natural person has suffered an unlawful infringement of the following personality rights and files a lawsuit with the people's court requesting compensation for moral damages, the people's court shall accept it in accordance with law: (1) the right to life, health, or body; (2) The right to name, portrait, reputation, or honor; (3) The right to personal dignity and personal liberty.
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It is indeed possible to ask the other party for compensation, because it is the other party that causes you to be frightened now, so you must have been frightened to a certain extent in your mental aspect, and you must be able to ask the other party for this spiritual compensation, which is okay.
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If you are frightened by others, you can ask others to compensate for the loss, and if the simple fright does not cause losses or serious consequences, there is no such thing as compensation.
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If you receive someone else's fright, you should not ask others for compensation, but you should tell him not to do such a thing again in the future, if you do such a thing again. You can remind him that because you have not been affected in any way, you cannot ask the other party to compensate you.
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If you are only frightened, it is difficult to support the spiritual and material damage you are looking for, and if you are just shaken by fright or your hand is not held firmly and the material damage is caused, it is also your own fault.
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You need to have evidence that you can't accept proof of sudden shock, such as heart disease, etc., otherwise you can't claim compensation, just like watching a horror movie and being scared, can you still ask the director to ask for compensation?
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If someone is frightened, whether or not they need to pay compensation for moral damages depends on whether the perpetrator is at fault.
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Legal basis: Civil Code of the People's Republic of China
Article 1165:Where the perpetrator infringes upon the civil rights and interests of others due to fault and causes harm, they shall bear tort liability. Where it is presumed that the actor is at fault in accordance with the provisions of law, and he cannot prove that he is not at fault, he shall bear tort liability.
Article 1166:Where the actor causes harm to the civil rights and interests of others, regardless of whether the actor is at fault or not, and the law provides that they shall bear tort liability, follow those provisions.
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