If the creditor dies of drinking medicine in the debtor s home, what responsibility does the debtor

Let's solve one such problem, several times the account is fruitless, and then cooked, in the debtor's home drinking medicine to death, what kind of responsibility does the debtor need to bear?

Although this incident happened in the middle of last year, I would like to express my opinion on this matter. There is a saying: "Debts are repaid, and murder is repaid."

If you owe money to others, you must pay it back, and if you kill someone or make a mistake, you must accept punishment, so that it is fair and just. The creditor in this case drank medicine and died in the debtor's home because he asked for the debt many times without any result, which is incorrect and not worth advocating.

What kind of responsibility the debtor needs to bear needs to be analyzed on a case-by-case basis, and the court will also convict based on the facts.

First of all, it should be divided into the following two situations, if there is no causal relationship between the creditor's suicide and the debtor, then the debtor does not need to bear any responsibility, and this situation also has real cases in China (there is a causal relationship between the death of the creditor and the debtor in this case, so it does not meet this situation).

In the second case, the debtor who causes the death of the creditor due to some acts of the debtor needs to bear legal responsibility. In this case, the debtor committed the crime of fraud causing death, which is more serious than the ordinary crime of fraud. We can also find from this incident that due to the existence of the old man, many creditors are unable to get their funds back, and finally use an extreme way to recover the funds.

This practice of creditors is not worth advocating, and the law must start from the source, punish these old scoundrels who do not repay the money, and must deal with them seriously, and everyone must be responsible for their own actions and their own future.

The above are some of my personal suggestions and ideas, I hope it can help you better understand this time, if you have better ideas, you can comment below. If mine can help you, I hope you like, bookmark and comment.

The debtor needs to bear legal responsibility, because he owes the debt and does not pay it, so the creditor can only ask for money in this way, and finally commits suicide by drinking medicine, he is jointly and severally liable and needs to be punished by law.

The debtor needs to bear criminal liability, and he has to pay a certain amount of economic damage, because he may have used some means of coercion or violence to force the creditor to commit suicide, so he needs to bear legal responsibility.

The debtor needs to bear criminal legal responsibility and should also compensate for economic losses, because the consequences of this matter are quite serious.

If the debtor is not a financial problem and deliberately defaults, he must bear legal responsibility, so that whether there is a quarrel or not is this all nonsense, who will prove that everyone is dead.

The debtor is responsible for the maintenance of the creditor's relatives and other wives and children.

If the debtor is responsible, the failure to repay the arrears leads to the death of the person and must be severely punished.

It is necessary to ask the creditor to take responsibility, or he will not drink pesticides, so as to increase the debtor's responsibility to repay the money.

The law should stipulate that if the debt is not repaid, the sentence will be imposed, so that the debt will be much less, and it is really difficult to pay the account for a year.

Not paying back the money owed is the most annoying, it should be included in the law and must be repaid.

I only heard that the debtor committed suicide, and this time the creditor committed suicide, which is strange.

If you don't die together, you can't take the sins of others yourself.

How can you not be responsible if you owe money?

A harmonious society is built on the basis of integrity, if a society has no integrity, can it be harmonious?

What criminal responsibility should be borne for forcing people to death?

What is the world, it is natural not to pay back the money.

Is this a malicious bargain?

Strictly speaking, the debtor does not have to bear legal responsibility for committing suicide at the debtor's home in the process of collecting debts, but according to the activities leading to the debtor's suicide, if there is a dispute between the two parties, and the debtor has insults and defamation, etc., it needs to bear legal responsibility. The debtor's suicide is caused by the debtor's failure to perform its obligations on time, but this is a de facto causal relationship, not a legal causal relationship, so the debtor is not legally liable for it.

Legal analysisIf the creditor commits suicide because of the money owed, it has nothing to do with the debtor, and the debtor does not need to bear any legal responsibility, but the debtor shall bear the corresponding liability for breach of contract in accordance with the law in the case of non-repayment of the money owed. Methods of debt collection: 1. Use administrative intervention to assist in debt collection.

The so-called use of administrative intervention to help realize debt collection means that in the process of debt collection, the creditor has obtained the sympathy and support of the debtor's higher-level competent department through its own hard work, and through the debtor's higher-level leading organ, the debtor has been explained and educated to persuade the debtor to perform the debt as soon as possible. Creditors need to be reminded that the scope of the means by which a debt collector requests the debtor's superior authority to help the debtor achieve the purpose of debt collection is limited, because the debtor's competent authority does not have any coercive measures on whether the debtor has fulfilled its obligations, that is, the competent authority has no power to order or adjudicate that the debtor must perform its debts. Therefore, the use of administrative intervention to collect debts can only be used as an auxiliary means to other debt collection methods for debt collectors; 2. Filing a lawsuit with the court.

If you really don't want to come back, and the amount of money borrowed is also large, it is recommended to file a lawsuit with the court and realize your claims with the help of the power of the law. But there is one problem in order to win the lawsuit, and that is evidence. If you have an IOU or contract, you can think of other methods, such as audio recordings, text messages, chat records, etc., which can be used as strong evidence.

Legal basis"Civil Code of the People's Republic of China" Article 997:Where civil entities have evidence showing that the actor is committing or is about to commit illegal conduct infringing on their personality rights, and failure to stop it in a timely manner will cause irreparable harm to their lawful rights and interests, they have the right to apply to the people's court in accordance with law to take measures to order the actor to stop the relevant conduct.

Responsible. Whatever the reason, dying in your home must have something to do with you. Besides, in debt disputes, he can use death to collect debts, but it is conceivable that your problem is not small, can you not be responsible? Waiting for the law to be resolved.

The debtor is responsible, one is that the cause of death is the non-payment of the debt, and the other is that the debt is still not paid, resulting in death. So the debtor is responsible.

There is a direct causal relationship between the act of collecting debts and suicide, so the debtor is responsible. It is a civil liability.

There must be a debtor for this point, because he went to his house to ask for money, and he didn't pay it back to the person in charge, and he also wanted to see that the official committed suicide in his house, and he didn't go to the rescue, so he must be responsible.

This must be held accountable.

What is the responsibility for suicide in a lead home? Basically, there is no responsibility.

The debtor is not liable. If the creditor drinks medicine and dies in the debtor's home, this can be judged as suicide, and the debtor generally does not have to bear legal responsibility.

Of course, it is necessary to bear responsibility, and it is necessary to bear criminal liability, civil liability, legal liability, compensation liability, and tort liability.

There is no need to bear any legal responsibility, the other party is a suicide, of course, on a moral level, it will definitely be condemned by many people.

Legal analysis: It is not illegal to ask for debts and follow the creditor all the time, but it is illegal to do excessive behaviors, such as illegal detention. Even if they follow the other party 24 hours a day and do not use coercive measures to restrict their freedom, it is not an act of illegal detention and will not be held legally responsible.

Legal basis: Article 238 of the Criminal Law of the People's Republic of China: Whoever illegally detains another person or illegally deprives another person of his or her personal liberty by other means shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention, controlled release, or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.

Whoever commits the crime described in the preceding paragraph and causes serious injury shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years;and where death is caused, the sentence is to be 10 or more years imprisonment. Where violence is used to cause injury or death, it is to be convicted and punished in accordance with the provisions of articles 234 and 232 of this Law. Where others are illegally seized or detained for the purpose of collecting debts, punishment is to be given in accordance with the provisions of the preceding two paragraphs.

Where employees of state organs abuse their authority to commit the crimes in the preceding three paragraphs, they are to be given a heavier punishment in accordance with the provisions of the preceding three paragraphs.

Whether or not a person should be held liable for the death caused by the account depends on the circumstances.

If the death of the debtor is not related to the debtor, there is no need to be liable, because the debtor is in the debtor's house, and the debtor has the obligation to take care of and protect the debtor;If there is a causal relationship between the death of the debtor and the failure of the debtor to take care of the debtor, there is a partial obligation to compensate.

The issues to be paid attention to in the presentation of evidence in debt disputes are as follows:

1. If the creditor applies for a payment order, the creditor shall provide the loan contract, the loan certificate, and the relevant vouchers for the payment of the money by the borrower and the borrower

2. In the case of lending, the plaintiff shall provide a written IOU (the amount of the loan, the place of delivery, the time, the purpose of the loan, the date of repayment, and the interest agreement).If there is no written IOU, the necessary factual basis shall be provided;

3. Whether the loan relationship is legal, the creditor shall provide proof of the debtor's purpose of borrowing;

4. If the debtor's whereabouts are unknown, the creditor shall first provide proof of the unaccounted whereabouts of the relevant departments and provide evidence to prove the existence of the loan and loan relationship

5. If the creditor requires the debtor to pay interest, it shall provide proof of the agreement between the two parties on the payment of interest;In the original interest-free agreement, if the creditor requires the borrower to repay the overdue interest, or if the irregular interest-free loan is not repaid after being reminded, and the creditor requests the repayment of the interest after the reminder, it shall provide evidence that it does not repay when due or after being reminded;

6. If there is a guarantor in the loan relationship, the plaintiff shall provide evidence of the guarantee, as well as the name and address of the guarantor.

It is a crime to detain another person for the purpose of collecting money and constitutes the crime of unlawful detention. Where the perpetrator constitutes the crime of unlawful detention, he is to be sentenced to up to three years imprisonment, short-term detention, controlled release or deprivation of political rights. Where there are circumstances of beating or insulting, a heavier punishment is to be given.

Legal basis

Civil Code of the People's Republic of China

Article 1161:The heirs shall pay off the taxes and debts that the deceased shall pay in accordance with law to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs. If the heir renounces the inheritance, he or she shall not be liable for the taxes and debts that the decedent shall pay in accordance with the law.

Legal analysis: If the death of the debtor has nothing to do with the debtor, there is no need to be liable, because the debtor is in the debtor's house, the debtor has the obligation to take care of and protect the security, and if there is a causal relationship between the death of the debtor and the debtor's failure to take care of it, there is a partial obligation to compensate.

Legal basis: Article 1160 of the Civil Code of the People's Republic of China The heirs shall pay off the taxes and debts payable by the decedent to the extent of the actual value of the inheritance. The part exceeding the actual value of the estate shall not be subject to voluntary repayment by the heirs.

If the heir renounces the inheritance, he or she may not be liable for the taxes and debts that the decedent should pay in accordance with the law.