In recent days, the topic of epidemic prevention and control has been on the hot search, and we have learned that scanning code registration plays a great role in finding out the source, and measuring body temperature is also an indispensable and important means of daily detection. Those who refuse to cooperate with the epidemic prevention work and beat and scold the epidemic prevention staff will bear the corresponding responsibility for compensation for losses, administrative detention and even criminal punishment.
Actively cooperating with epidemic prevention and control is the obligation of citizens,
This issue of Kyo Small Hammer
Through several cases
Let's see what are the "minefields" that you can't step on!
Not wearing masks and having a dispute with the epidemic prevention personnel, after mediation by the village cadres, they were angry and went back to the bayonet to beat the epidemic prevention personnel.
Case details
Zhang Mou did not wear a mask and a village bayonet duty officer Wang Mou had a verbal altercation, after mediation by the village cadres, Zhang Mou put on the mask and went home, the more he wanted to get angrier, and then returned to the bayonet, again quarreled with Wang, and started to wang. After the police arrived at the scene, they took Zhang away, and on the same day, they made an administrative punishment decision and gave Zhang an administrative punishment of 13 days of administrative detention. The beating behavior caused Wang's nerve reaction and soft tissue damage, and he was hospitalized for 7 days. The court ordered Mr. Zhang to compensate Wang for medical expenses (including ambulance usage fees), nursing fees, nutrition fees, hospital meal subsidies, and transportation expenses totaling 13,195.51 yuan.
Kyo Small Hammer Interpretation Law
Article 26 of the Law of the People's Republic of China on Administrative Penalties for Public Security stipulates: Whoever commits any of the following acts shall be detained for not less than five days but not more than ten days and may also be fined not more than 500 yuan; if the circumstances are more serious, he shall be detained for between 10 and 15 days and may also be fined not more than 1,000 yuan: (1) those who fight in gangs; (2) those who chase or intercept others; (3) those who forcibly take or arbitrarily damage or occupy public or private property; and (4) other acts of picking quarrels and provoking trouble.
Article 1179 of the Civil Code of the People's Republic of China stipulates that whoever infringes upon another person and causes personal injury shall be compensated for reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies, etc., as well as income reduced due to lost work.
Article 17 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 stipulates that the compensation obligor shall compensate the victim for personal injury, the expenses incurred due to medical treatment and the income lost due to lost work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital meal subsidies, and necessary nutrition expenses.
Kyo small mallet tips
Perhaps some measures for epidemic prevention and control will cause inconvenience to the production and life of individual citizens, but for the sake of the collective interests of society, we should fully understand and actively abide by the prevention and control regulations. In this case, when Zhang Mou had a dispute over the issue of bayonet release, he should seek help from the village committee and actively solve the problem, and could not have a physical conflict with the bayonet epidemic prevention personnel on a whim, which was not in line with the provisions of epidemic prevention and control, nor did it meet the requirements of the core values of socialism.
Relatives came to visit, scanned the code to register unsuccessfully and did not let go of the bayonet, and beat the epidemic prevention personnel after a verbal conflict.
Case Details:
Zhao Mou is a village epidemic prevention and control bayonet duty personnel, because of the problem of scanning the code in the village, there was a verbal conflict with Li Relatives and Li Who came to visit relatives, Li kicked zhao, and Zhao called the police. After diagnosis, it caused Zhao's nerve reaction and multiple soft tissue injuries. The public security organs imposed an administrative penalty of 10 days of detention and a fine of 500 yuan on Li. In the end, the court ordered Li to compensate Zhao for medical expenses, lost work expenses, and transportation expenses totaling 5489.49 yuan, and made serious criticism of Li's behavior in the civil judgment.
Article 43 of the Law of the People's Republic of China on Public Security Administration Punishments stipulates that whoever beats another person or intentionally injures the body of another person shall be detained for not less than five days but not more than ten days and shall also be fined not less than 200 yuan but not more than 500 yuan; In any of the following circumstances, he shall be detained for 10 to 15 days and fined not less than 500 yuan but not more than 1,000 yuan:
(1) Forming gangs to beat or injure others; (2) beating or injuring persons with disabilities, pregnant women, persons under the age of 14, or persons over the age of 60; (3) beating or injuring others multiple times or beating or injuring multiple persons at one time.
Article 1165 of the Civil Code of the People's Republic of China stipulates that if the perpetrator infringes on the civil rights and interests of others due to fault and causes damage, he shall bear tort liability. Article 1173 stipulates that if the injured party is at fault for the occurrence or expansion of the same damage, the liability of the infringer may be reduced. Article 1179 stipulates that if a person infringes upon another person and causes personal injury, he shall be compensated for reasonable expenses incurred for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal allowances, etc., as well as the income reduced due to lost work.
Disputes arising from the prevention and control of the new crown pneumonia epidemic in the village should be calm and restrained, but Li and Zhao insulted each other and physically clashed, and they were all at fault for the occurrence of damage consequences to varying degrees. Based on the causes and circumstances of the conflict, the performance of the parties and the presentation of the hearing, the proportion of liability should be determined according to the degree of their respective faults.
The parties did not cooperate with the registration temperature measurement, broke through the barrier and broke in, affecting the order of the court, and realized the mistake after serious education.
Sun Refused to cooperate with scanning the code to register and measure temperature at the gate of the court, did not wear a mask, did not listen to the persuasion of security personnel and staff, and was emotional, directly broke into the courtyard and hit the staff with his shoulder. In the case of Sun's refusal to cooperate, the judicial police forcibly took him away from the scene. After the court president explained the epidemic prevention and control regulations to the parties and serious education, Sun realized his wrong behavior, and cooperated with the completion of the registration temperature measurement and other work, and was allowed to enter the court after meeting the requirements.
Article 90 of the Civil Procedure Law of the People's Republic of China stipulates that the presiding judge or sole judge shall give a warning to persons who violate court discipline; those who do not listen to the warning shall be reprimanded; those who refuse to listen to the warning shall be ordered to withdraw from the court; and those who refuse to withdraw from the court shall be instructed to forcibly take them out of the courtroom. and article 110 provides that participants in the proceedings and others shall comply with the rules of the Tribunal. People's courts may reprimand those who violate court rules, order them to withdraw from court, or impose fines or detentions.
Those who violate the requirements of epidemic prevention and control shall bear corresponding responsibilities, and if a party refuses to cooperate with the court to carry out epidemic prevention and control work after persuasion and admonition, violates court rules, and does not comply with court discipline, it will be fined and detained in accordance with the relevant provisions of the Civil Procedure Law.
Contributed by: Pinggu Court
Editor: Zhao Xuexiao, Yao Rihui