How to determine the responsibility for injury by unit training equipment? 10

Regarding the frequent incidents of fitness equipment injuring people in the community, lawyer Dai Gaoming said:

1. Those who infringe on the body of citizens and cause harm shall be liable for compensation.

2. For the fitness equipment installed in the residential community with the nature of public welfare, the neighborhood committee where the community is located has certain obligations for construction, maintenance and property rights management. The fitness equipment placed in the community under its management with the consent of the community property management company shall be regarded as the public facilities of the community, and the property management company is the main management obligor. When these equipment cause damage to others, the neighborhood committee and the community property management company should bear the corresponding responsibility.

The public welfare of fitness equipment cannot be a reason for the owner or manager to be exempted from liability.

3. The unit with management obligations fails to fulfill the management obligations and fails to inspect and maintain the fitness equipment in a timely manner, resulting in certain potential safety hazards in the fitness equipment, resulting in residents being injured by fitness equipment when applying fitness equipment, which is the main cause of personal injury to community residents, so it should bear the main liability for compensation. The failure of the neighborhood committee to reasonably perform its duties of supervision and management of the property management of the property management company within the community is also one of the causes of the plaintiff's injury, and it should bear part of the liability for compensation. Residents who use community gym equipment are also partially liable if they are at fault with their own faults.

At the same time, lawyer Dai Gaoming also called on relevant property companies and neighborhood committees to pay attention to relevant issues and do a good job in the maintenance of community fitness equipment, so as to avoid the recurrence of incidents caused by injuries to residents due to improper maintenance.

For such a matter, how to determine the responsibility must be resolved according to the unit's consultation. Because the training equipment injured people, it may be caused by the unit's failure to install it in place, but most of the injuries are caused by personal reasons, so the responsibility of the unit is very small.

1. Analyze and identify the reasons for the occurrence of equipment injuries: 1. Whether the injured person violated the regulations on the use of equipment; 2. Whether there are design defects in the training equipment; 3. Whether the unit has posted or publicized the correct use of staff equipment and guidelines; 4. Whether the unit has fulfilled its due management obligations; 5. Other causes of equipment injuries.

2. Divide relevant responsibilities according to the cause of occurrence.

Depending on the specific situation, if it is used improperly, it is the responsibility of the user, and the unit is responsible for the quality problem or installation problem, and the unit can also find a claim for selling equipment.

Unit training equipment hurts people. As long as it is not man-made damage, the unit is also responsible

The owner or operator of the billboard shall bear responsibility for the harm caused to others by the billboard.

First of all, it is illegal to hold a gun, if a person does not die, it should be intentionally injured, and it depends on whether he has the intention to cause death when he is beating.

Article 234 of the Criminal Law stipulates that anyone who intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years. Detention or surveillance.

Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than 3 years but not more than 10 years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death. Where this Law provides otherwise, follow those provisions. If the injury is minor, criminal liability may not be pursued.

If they turn themselves in, the punishment may be mitigated or commuted.

Personally, I believe that A is the crime of intentional injury.

When A asked C to help, he subjectively deliberately wanted to scare B, and he went for B's personal health and safety, and finally B's person suffered illegal infringement. The issue of guns is a thing of C.

Although A didn't want to hurt B too much, he allowed the end result to happen, and this result did happen. In terms of the subjective aspect of the crime, a is "allowing the real occurrence of another harmful result for a legitimate purpose", which meets the indirect intent provided for in article 14 of the Criminal Code.

Although A was not the giver of the ultimate injury, A was originally called C to help him, so he instigated and participated in the crime.

In this case, A is the principal offender and should bear the main responsibility. Although A stresses not to bring anything hurtful, just to intimidate, it does not affect the fact that A is guilty of intentional injury. Of course, whether A can be sentenced to a reduced sentence is the key to three points:

1. Cooperate with the public security organs to arrest 2. You have surrendered, which is in line with the reduced criminal law. 3c Did you prove that you told him not to bring anything hurtful, just to intimidate?

c. Guilty of an offence of imprisonment of not less than three years and not more than seven years. cGuilty of intentional wounding and absconding in fear of the crime.

China's criminal law only regulates serious injury or death. For the arterial vascular facts on foot B, the appraisal conclusions should be made by the "Appraisal Standards for Minor Human Injuries" and "Appraisal Standards for Serious Human Injuries" in order to have legal effect. Minor injuries are not criminally liable. Minor injuries are criminally liable.

If the victim dies, it must be a crime of hired homicide, even if he is not dead, it is still a crime of hiring and wounding and the circumstances are very serious, and the social impact is also very large, but for the sake of A's voluntary confession, it will be handled as appropriate, of course, A should be able to assist the police to solve the case.

The so-called malicious injury depends on whether the criminal suspect's subjective intent to injure others is homicide or harm, and at the same time, it also depends on the harmful consequences caused, and a specific punishment is comprehensively decided. If the consequences of minor injuries or more are caused, the crime of intentional injury is suspected, and the conviction and sentencing are based on the circumstances of the crime. Article 232 of the Criminal Law of the People's Republic of China stipulates:

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 234? Whoever intentionally injures the body of another person is to 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. where a crime is not constituted, punishment is to be given in accordance with the "Public Security Administration Punishment Law".

Article 43 of the Public Security Administration Punishment Law: Whoever assaults another person, or intentionally injures another person's body, shall be detained for not less than 5 days but not more than 10 days, and shall also be fined between 200 and 500 RMB; where the circumstances are more minor, they are to be detained for up to 5 days or fined up to 500 RMB. The law stipulates: Article 232 of the Criminal Law of the People's Republic of China provides that 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 234 of the Criminal Law of the People's Republic of China? Whoever intentionally injures the body of another person is to 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.

Where the degree of injury is assessed to be minor, criminal responsibility is not borne in law.

If the police are called, the public security organs will impose administrative detention ranging from 5 to 15 days on the injured person, depending on the severity of the specific circumstances, and bear the economic losses of the injured person.

Compensate the victim for losses such as medical expenses, lost work expenses, transportation expenses, and hospital meal expenses, and do not bear criminal liability.

Article 234 of the Penal Code. Whoever intentionally injures the body of another person is to be sentenced to up to three years imprisonment, short-term detention or controlled release.

Minor injuries are not criminally responsible, and it is good to lose money, including medical expenses, lost work, nutrition, etc.

Can the police station still ask for medical expenses if it issues an administrative penalty decision?

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