Legal case (dispute of life and health rights)

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Tangmou and Chengdu Cultural and Art Education Center, the right to life, health rights, physical rights disputes

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‍Case:

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Tangmou Department of accused dance students. November 1, 2012 at 17 am, Tangmou in Chengdu, a cultural and art education center (hereinafter referred to as a center) dance training class classroom learning practice dance fell injured, was sent to Sichuan orthopedic hospital treatment, Diagnosis of left humerus supracondylar fracture. November 5, 2012, Tangmou hospital to continue treatment, the same month on the 26th discharge, according to doctor's advice to continue rehabilitation treatment, review referral several times. Tangmou's guardian self-commissioned by a identification identified, Tangmou disability rating of nine, but the trial by another identification identified as ten. Tangmou Department of civil capacity, in a center training and learning, the center did not do to the management, education, protection of the duties and obligations, so Tang asked the court to order the center to pay medical expenses and other expenses and Compensation for a total of 107,471 yuan.

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‍Case Analysis:

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Tang Mou Department of a center dance training students, at the time of the incident less than 10 years of age. Citizens enjoy the right to life and health, and the personal rights of citizens are protected by law. As a student without a civil capacity, Tangmou is a student of a center dance training class. He is injured in the classroom of the center's dance training. The center does not fulfill the responsibility of education and management.

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‍Case Result:

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For the loss of Tangmou, by a center to pay Tangmou medical expenses, disability compensation, care, hospital food subsidies, nutrition, transportation, mental damage solatium total of 50,000 yuan. For Tang's guardian of their own identification in Sichuan identified by the cost of 1290 yuan, unilateral commissioned by the identification of identification agencies, and a center is not recognized, should be born by Tangmou.

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‍Related regulations:

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"Law of the People's Republic of China on Tort Liability"

Article XVI: infringement of others cause personal injury, should be compensated for medical expenses, care, transportation and other expenses for the treatment and rehabilitation expenses, as well as due to loss of working income. Resulting in disability, but also compensation for disability living auxiliary fees and disability compensation. Resulting in death, but also compensation for funeral expenses and death compensation.

Article 22: Whoever infringes upon the personal rights and interests of others and causes serious mental harm to others may be compensated for by the infringer.

Article 38: Those who have no personal capacity in kindergartens, schools or other educational institutions who have suffered personal injury during their study and life, kindergartens, schools or other educational institutions shall bear the responsibility, but can prove that they have fulfilled their duties of education and management, Not liable.

"The Supreme People's Court on the trial of personal injury compensation cases applicable to the interpretation of a number of issues"

Article 17 (1) and (2): (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) (b) Food subsidies, the necessary nutrition costs, compensation obligations should be compensated.

If the victim is disabled, the necessary expenses incurred in order to increase the need for life and the loss of income due to incapacity, including disability compensation, disability aids, the cost of living of the dependent, and the rehabilitation of the dependent Treatment of the actual occurrence of the necessary rehabilitation fees, care costs, follow-up treatment costs, compensation obligations should also be compensated.

The victim shall, in addition to the relevant expenses stipulated in the first paragraph of this Article, shall pay compensation for the expenses of the funeral expenses, the living expenses of the dependents, the compensation for the death and the expenses incurred by the relatives of the victims for the funeral expenses , Accommodation and loss of working days and other reasonable costs.

"Civil Procedure Law of the People's Republic of China"

Article 64 (1): It is the duty of the parties to provide evidence for their own claims.

The parties and their litigation agents can not collect evidence for their own reasons, or the evidence that the people 's court thinks that the case is needed, the people' s court shall investigate and collect.

The people 's court shall, in accordance with the legal procedures, examine and verify the evidence comprehensively and objectively.

"The Supreme People's Court on the civil litigation evidence of a number of provisions"

Article 2: The parties have the responsibility to provide evidence to substantiate the facts on which the claim is filed or to refute the facts on which the claim is based.

There is no evidence or evidence is not sufficient to prove the facts of the parties, by the burden of proof of the parties bear the adverse consequences.

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