Summary of the trial
Where the victim of a criminal case suffers bodily harm as a result of a criminal act, and does not file a civil lawsuit attached to the criminal case, but files a separate civil tort lawsuit, the Criminal Procedure Law and judicial interpretations do not clearly stipulate whether disability compensation falls within the scope of material losses. If the victim of a criminal case is disabled due to criminal acts, his future life and work will inevitably be affected, resulting in a decrease in his ability to work, an increase in the cost of living, and a disguised reduction in material income, so disability compensation should belong to the category of material losses and should be compensated.
Plaintiff: Yin Ruijun, male, 62 years old, living in Tianjia'an District, Huainan City, Anhui Province. Defendant: Yan Likui, male, 58 years old, living in Tianjia'an District, Huainan City, Anhui Province. Plaintiff Yin Ruijun filed a lawsuit with the People's Court of Tianjia'an District, Huainan City, Anhui Province due to a dispute over the right to health and the right to body with the defendant Yan Likui. Plaintiff Yin Ruijun alleged: At about 17:00 on November 26, 2012, Yin Ruijun had an argument with defendant Yan Likui's wife in the vegetable plot of the community. In retaliation against Yin Ruijun, Yan Likui stabbed Yin Ruijun with a knife. Yin Ruijun was taken to the hospital for treatment on the same day. Yan Likui intentionally injured Yin Ruijun and should bear the liability for compensation. The lawsuit requests an order: 1. Yan Likui compensated Yin Ruijun for medical expenses, fees for the evaluation of the degree of human injury, photocopying fees, subsidies for hospitalized people, transportation expenses, and losses of clothes and shoes totaling 13,047.27 yuan, and additional requests after appraisal: 18,283.87 yuan for lost work, 3,330 yuan for nutrition, 15,234.25 yuan for nursing expenses, 8,000 yuan for spiritual comfort, and 46,228 yuan for disability compensation. 2. The litigation costs shall be borne by Yan Likui. Defendant Yan Likui argued: (1) This case was a fight caused by a neighborhood dispute, not revenge; (2) Yan Likui had already been criminally punished and only bore direct economic losses, and did not bear disability compensation or spiritual solace; (3) the plaintiff Yin Ruijun did not have any expenses for lost work; (4) Yin Ruijun was only for treatment, and his hospitalization was essentially an empty bed hanging on the bed, and the materials examined by the appraisal agency could not be used as valid evidence. The first review of the Huainan City Tianjia'an District People's Court found that the plaintiff Yin Ruijun and the defendant Yan Likui lived together in Laoxiyandongquan Village, Tianjia'an District, Huainan City. At about 17 o'clock on November 26, 2012, the two sides had a verbal fight over the problem of vegetable fields in the community, and Yan Likui stabbed Yin Ruijun with a knife to minor injuries. Yin Ruijun was then taken to the hospital for treatment. Later, Yan Likui was sentenced to one year and three months in prison for the crime of intentional injury. On August 25, 2014, Yin Ruijun filed a separate civil lawsuit and applied for an appraisal of the disability level, lost work period, nursing period, nutrition period and follow-up treatment expenses. The appraisal made by the appraisal agency entrusted by the court in accordance with the law found that Yin Ruijun's injuries were equivalent to grade 10 disability in a road traffic accident, and the period of lost work was 180 days, the nursing period was 150 days, and the nutrition period was 111 days. The above facts are confirmed by evidence such as the ID cards of the plaintiff Yin Ruijun and the defendant Yan Likui, medical records and relevant payment invoices, appraisal opinions, and criminal judgments, which are sufficient to determine. The People's Court of Tianjia'an District, Huainan City, Anhui Province held in the first instance that the main focus of the dispute in this case was how to determine the compensation items and amounts that the defendant Yan Likui should bear to the plaintiff Yin Ruijun. Where citizens or legal persons infringe upon the person of others due to their fault, they shall bear civil liability. The dispute in this case has been criminally handled, and Yan Likui intentionally injured Yin Ruijun and should bear the corresponding civil liability for compensation. In addition, according to the Criminal Procedure Law and its relevant judicial interpretations, where the criminal act causes personal injury to the victim, compensation shall be made for reasonable expenses paid for treatment and rehabilitation, such as medical expenses, nursing expenses, and transportation expenses, as well as the loss of income due to lost work. Where the victim's disability is caused, compensation shall also be made for expenses such as the cost of living aids for the disabled. Where the victims, their legally-designated representatives, or close relatives do not raise an attached civil lawsuit in the course of criminal proceedings, but separately raise a civil lawsuit, the people's court may conduct mediation or make a judgment based on the material damages. Therefore, with regard to Yin Ruijun's claims: medical expenses of 8,737.27 yuan, supporting the reasonable part of 7,171.39 yuan; the subsidy for hospitalization is 2,160 yuan, and Yin Ruijun's three hospitalizations are totaling 111 days, calculated with reference to the standard of 30 yuan per day, Yin Ruijun's claim does not exceed the legal provisions and is supported; transportation expenses of 1,080 yuan, because Yin Ruijun did not provide relevant bills to support it, support 555 yuan as appropriate; nutrition expenses of 3,330 yuan, after evaluation, Yin Ruijun's required nutrition period is 111 days, calculated according to the standard of 30 yuan per day, Yin Ruijun's claim is in accordance with the law and is supported; and nursing expenses are 15,234.25 yuan, after appraisal, Yin Ruijun's nursing period is 150 days, because Yin Ruijun did not provide the income status of nursing staff, with reference to the average salary of 37,074 yuan per person per year in the province's resident service industry and other service industries in the previous year, the amount of nursing expenses was determined to be 15,235.89 yuan, Yin Ruijun's claim did not exceed the legal provisions, and should be supported. Yin Ruijun's claims for medical record copying fees and loss of clothes and shoes do not comply with the law and are not supported; his claims for appraisal fees and lost work expenses are not supported because they are not supported because they are not based on sufficient grounds; and his claims for compensation for disability and spiritual solace are not supported because they do not fall within the material losses caused by criminal acts under mainland law. In summary, the compensation that Yin Ruijun should receive in this case is 27,340.64 yuan. Accordingly, the People's Court of Tianjia'an District, Huainan City, Anhui Province, in accordance with Articles 98 and 106 of the General Principles of the Civil Law of the People's Republic of China, Articles 4, 5 and 6, Paragraph 1 of the Tort Liability Law of the People's Republic of China, Articles 99 and 101 of the Criminal Procedure Law of the People's Republic of China, Articles 155 and 164 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China, and the Civil Procedure Law of the People's Republic of China On June 10, 2015, the first paragraph of Article 64 and Article 2 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings were rendered: 1. Within 15 days after this judgment came into effect, the defendant Yan Likui shall compensate the plaintiff Yin Ruijun for medical expenses of 7,171.39 yuan, hospital meal allowance of 2,160 yuan, transportation expenses of 555 yuan, nutrition expenses of 2,220 yuan, and nursing expenses of 15,234.25 yuan, totaling 27,340.64 yuan; The case acceptance fee is 2,380 yuan, of which Yin Ruijun bears 1,896 yuan and Yan Likui bears 484 yuan. Yin Ruijun was dissatisfied with the first-instance judgment and appealed to the Huainan Intermediate People's Court, saying: 1. The first-instance trial found that the appellant Yin Ruijun did not miss work because the facts were unclear. 2. In the first instance, it was found that Yin Ruijun's claim for spiritual solatium and disability compensation did not fall within the scope of material losses caused by criminal conduct as provided for in the Criminal Procedure Law and relevant judicial interpretations, and that it was wrong not to support it, and that compensation should be made. The provisions of the Criminal Procedure Law and relevant judicial interpretations should not be applied in this case. In summary, the court of second instance was requested to revoke the original judgment and change the judgment that the appellee, Yan Likui, should pay Yin Ruijun 18,283.87 yuan in lost work expenses, 46,228 yuan in disability compensation, and 8,000 yuan in spiritual solace, totaling 72,511.87 yuan; The appellee, Yan Likui, argued that: (1) the first instance did not support the correctness of the compensation for lost work; (2) the disability compensation and mental solace did not fall within the scope of material losses caused by the crime and should not be compensated. The court of second instance was requested to reject the appeal and uphold the original judgment. During the second-instance trial, neither the appellant Yin Ruijun nor the appellee Yan Likui submitted new evidence. The Huainan City Intermediate People's Court confirmed the facts of the first instance after the second instance. The Intermediate People's Court of Huainan City, Anhui Province held in the second instance that the focus of the dispute in the second instance of this case was whether the appellee, Yan Likui, should be liable for compensation for the lost work expenses, disability compensation, and spiritual solace claimed by the appellant Yin Ruijun. 1. About lost time pay. Yin Ruijun is a retired employee, and if he claims compensation for lost work, he should cite evidence such as a labor contract or employment contract, salary schedule, and the unit's certificate of lost work. However, Yin Ruijun only submitted his business license and attendance sheet to the court, and the time sheet marked on the time sheet was from June to September 2012, which was a relatively short period of time, and the above evidence was insufficient to support Yin Ruijun's claim for lost time pay, and the lost time pay was not supported. 2. About spiritual solace payments. Yan Likui has been sentenced to one year and three months in prison for the criminal act of harming Yin Ruijun, and Yan Likui's sentence is a kind of spiritual comfort to Yin Ruijun, and the spiritual solatium does not belong to the category of material losses, so Yin Ruijun's litigation claim for spiritual solatium is not supported. 3. Disability compensation. First of all, judging from the facts of this case and the relevant legal provisions, Yan Likui's intentional injury caused Yin Ruijun to constitute a Grade 10 disability. Articles 4 and 16 of the Tort Liability Law of the Mainland respectively stipulate that if the infringer shall bear administrative or criminal liability for the same act, it shall not affect the tort liability in accordance with the law; Based on the above facts and legal provisions, Yin Ruijun's claim for disability compensation has a factual and legal basis. Second, from a fair point of view, the harm caused to the victim by criminal acts is even greater than that caused by pure torts, and if disability compensation is not supported, the victim will receive less compensation for the criminal act and the victim will receive relatively more compensation for the pure tort, which is unfair to the victim, and it is more in line with the principle of fairness to support disability compensation. Thirdly, from the perspective of the nature of disability compensation, if the victim is disabled due to the tortious act, it will inevitably have an impact on the victim's future life and work, resulting in an increase in the victim's cost of living or a decrease in the victim's ability to work, and then a disguised reduction of the victim's material income, and the disability compensation should belong to the category of material loss. In summary, Yin Ruijun's claim for disability compensation should be supported. The amount of disability compensation is calculated based on the per capita disposable income of urban residents in Anhui Province in 2013 and Yin Ruijun's disability level. The amount of disability compensation is 46,228 yuan (23,114 yuan per year× 20 years ×10%). In addition, the first-instance judgment calculated the amount of nutrition expenses at 3,330 yuan according to the standard of 30 yuan per day based on the 111-day nutrition period determined by the appraisal, but the amount of nutrition expenses determined in the main text of the judgment was 2,220 yuan erroneously and should be corrected, and the amount of nutrition expenses was 3,330 yuan. In summary, the facts found in the first-instance judgment are clear, but the application of law is partially erroneous, and the judgment should be changed. Accordingly, the Intermediate People's Court of Huainan City, Anhui Province, in accordance with Articles 4, 6, 16, and 16 of the Tort Liability Law of the People's Republic of China, Article 138, Paragraph 2 of the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, and Articles 17, Paragraphs 1, 2, 19, 20, 21, 22, 23, and 24 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, Article 25 and Article 170, Paragraph 1, Item (2) of the Civil Procedure Law of the People's Republic of China, a judgment was rendered on January 7, 2016: (1) to revoke the (2014) Tian Min Yi Chu Zi No. 01805 Civil Judgment of the People's Court of Tianjia'an District, Huainan City, Anhui Province; The nursing fee is 15,234.25 yuan, and the disability compensation is 46,228 yuan, totaling 74,678.64 yuan; The first-instance case acceptance fee is 2,380 yuan, of which Yin Ruijun bears 672 yuan and Yan Likui bears 1,708 yuan, and the second-instance case acceptance fee is 300 yuan, of which Yin Ruijun bears 109 yuan and Yan Likui bears 191 yuan. This judgment is final.
This case is a case announced by the Supreme People's Court: Yin Ruijun v. Yan Likui, a dispute over the right to health and the right to body.
Transferred from: Criminal Trial Research Official Account