I would like to know if there is a provision for compensation for the child who is beaten and hospit

Updated on society 2024-08-07
7 answers
  1. Anonymous users2024-02-15

    If the injury constitutes a minor injury, the assaulter constitutes the crime of intentional injury, and the public security organ will file a case as a criminal case. If the public security organs do not care, you can report to the procuratorate at the same level, and the criminal procedure will generally be followed. That is, if the public security organ investigates the matter, and after the investigation is completed, it is transferred to the procuratorate at the same level for prosecution, and if the procuratorate finds that it is suitable to initiate a public prosecution after accepting the case, it will file a public prosecution with the people's court at the same level within the prescribed time, and then the court will conduct a trial, and convict and sentence the defendant, that is, the person who beat the person.

    As for the issue of compensation, the public security organs and the procuratorate will notify you to go to mediation, and if you can't handle it, the court will notify you to file an attached civil lawsuit after you go to the court. Personally, I think it will be more professional to deal with it in the court.

    Specific compensation should mainly include the following aspects:

    Medical expenses, which are specifically used for the reasonable expenses of the injury;

    nursing expenses, the daily wage of the escort multiplied by the number of days of the escort;

    Disability compensation, if the injured two people are disabled after the disability assessment, the disability compensation will be claimed according to the disability level;

    Transportation expenses, accommodation expenses, etc. are subject to actual expenses;

    Basically, that's all, depending on the actual cost and injury.

    If the injury is minor, the criminal private prosecution procedure can also be taken. As for civil compensation, it can be achieved through a private prosecution, and if there is no private prosecution, it can be achieved through a civil prosecution. The specific compensation matters are the same as above.

  2. Anonymous users2024-02-14

    If the illness is not too important, look at the law.

  3. Anonymous users2024-02-13

    It may be better to consult a professional lawyer.

  4. Anonymous users2024-02-12

    You still have to find a professional for this.

  5. Anonymous users2024-02-11

    1. The child can claim compensation as follows:

    1) Medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses;

    2) If 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 working ability, including disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation.

    2. Legal basis: Article 1167 of the Civil Code of the People's Republic of China.

    Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liabilities such as stopping the infringement, removing obstacles, and eliminating dangers.

    Article 1188.

    Where a person who lacks or has limited capacity for civil conduct causes harm to others, the guardian bears tort liability. Where guardians perform their guardianship duties, their tort liability may be reduced. Where a person with property who lacks or has limited capacity for civil conduct causes harm to others, compensation is to be paid from his or her own property; The guardian shall compensate for the shortfall.

    2. What will happen if the child is beaten and calls the police?

    1. After the child is beaten to the police, the police will make different treatments according to whether it constitutes a crime;

    2. If a crime is not constituted, mediation will be conducted, and if no agreement is reached through mediation or no performance is made after reaching an agreement, the public security organ shall punish the person who violated the administration of public security, and inform the parties that they may file a civil lawsuit in the people's court in accordance with the law on the civil dispute;

    3. If the injury is relatively minor and an agreement is reached, the public security administration penalty will generally not be carried out.

  6. Anonymous users2024-02-10

    Legal analysis: civil compensation items include: medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, necessary nutrition expenses, if the victim is disabled due to injury, the necessary expenses incurred due to the increase in living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device expenses, living expenses of dependents, as well as necessary expenses, nursing expenses, and follow-up expenses actually incurred due to nursing care and continuation, the compensation obligor shall also compensate.

    The minimum compensation standard for lost work expenses and nursing expenses is 144 yuan per day, if the actual income is higher than this amount, it can be calculated according to the actual income, the hospital meal subsidy is 100 yuan per day, and the nutrition fee is 100 yuan per day, and the injured party can request a personal injury and disability appraisal at the same time as filing a civil compensation lawsuit, and the compensation amount shall be subject to the conclusion of the personal injury and disability appraisal, and in Liaoning, the general compensation for grade 10 disability is 63,640 yuan for disability and about 5,000 yuan for mental damage. The compensation is increased in graded increments.

    Legal basis: Article 1167 of the Civil Code: Where a tortious act endangers the safety of the person or property of others, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstacles, and eliminating dangers.

  7. Anonymous users2024-02-09

    The items claimed for compensation after being beaten are as follows:1. Medical expenses are calculated according to the actual expenses incurred;

    2. Lost work pay, where the victim has a fixed income, is calculated according to the actual reduced income; for those who do not have a fixed income, it shall be calculated according to their average income level in the last three years;

    3. The hospital meal subsidy shall be calculated according to the business trip meal subsidy standard of the staff of the local state organs;

    4. Transportation expenses are calculated according to the actual transportation expenses incurred during the ** period;

    5. Nursing fees, hired nursing staff are calculated according to the actual salary of local nursing staff.

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From a professional point of view, there is nothing embarrassing about this kind of thing, because in addition to children, many adults drown, so they are used to it.