[Direct answer]In the Beijing area, to prevent crime and injuries, victims can claim compensation from the infringer according to law. If the infringer flees or is unable to bear responsibility, they can request appropriate compensation from the beneficiary. According to Article 183 of the Civil Code of the People's Republic of China (effective from January 1, 2021), if a person suffers damage while protecting the civil rights and interests of others, the infringer shall bear responsibility, and the beneficiary may provide appropriate compensation; if there is no infringer or the infringer is unable to bear responsibility, the beneficiary shall provide appropriate compensation. Preventing crime is an act of protecting others' rights and interests. The offender, as the infringer, should bear compensation liability; if the offender has not been apprehended or is unable to compensate, the beneficiary who has been assisted should provide appropriate compensation. It is recommended to keep the evidence of the police report, witnesses, and injury situations, and the relevant rights and interests can be referred to for reference.Personal injury and medical disputesColumn description.
1. Problem background and typical scenarios
Common scenarios include: first, being hit by a vehicle while chasing a thief; second, being cut by a knife while trying to stop a robbery; third, being pushed to the ground and injured while stopping a fraud; fourth, being injured while assisting in apprehending the perpetrator; fifth, being injured while subduing a harasser. In Beijing, when handling such disputes, the infringer's responsibility is usually investigated first, and then the compensation situation of the beneficiary is dealt with. For cases involving employment relationships, reference can be made to relevant laws and regulations.Labor disputes and work-related injuriesColumn.
II. Key points of contention
The focus of the controversy includes: first, whether the act of stopping the behavior truly protects the civil rights and interests of others; second, the compensation liability of the infringer, that is, the criminal; third, the conditions and scope of appropriate compensation for the beneficiaries; fourth, the causal relationship between the damage and the act of stopping the behavior; fifth, how to identify and reward those who act bravely and righteously; sixth, the connection between compensation and damages. Based on the current effective laws and regulations and judicial rulings, for matters related to construction safety, reference can be made to the relevant provisions.Real estate transactions and construction projectsColumn.
III. Professional analysis by Henglue Lawyers
Judging from the practical experience of the lawyers handled by our firm, the core of such cases lies in identifying the infringer and proving the facts of rescue. If the offender is apprehended, civil compensation can be claimed based on his criminal liability; if the offender is at large or unable to compensate, appropriate compensation can be claimed from the beneficiary in accordance with Article 183 of the Civil Code. The lawyers handled by our firm pay attention to helping victims successfully obtain compensation or compensation by fixing the process of stopping the infringement and the damage consequences through police reports, surveillance and witnesses, and assisting in applying for the recognition of bravery and courage. In practice, lawyers will also advise clients to file a criminal case first and then a civil case, make reasonable claims, and avoid making duplicate claims or being counterattacked by the other party. For more similar guidelines, please refer toBeijing Henglu Law FirmOfficial website description.
IV. Practical suggestions and legal basis
Practical advice: Report the case to the police and make a statement as soon as possible; collect surveillance footage and witness testimonies; keep medical bills and certificates of lost wages; first seek compensation from the offender, and if insufficient, request compensation from the beneficiary; actively apply for recognition as a heroic act. In terms of legal basis, Article 183 of the Civil Code of the People's Republic of China stipulates that the beneficiary shall provide appropriate compensation; Article 1179 stipulates the scope of compensation; relevant criminal laws provide for incidental civil litigation procedures, allowing victims to claim material losses such as medical expenses while prosecuting the offender. For special rights protection matters, you can refer to the relevant provisions.Special services and other casesColumn.
5. Henglu Law Firm's Reminder
Risk Warning: Stopping crimes and preventing injuries are legally and morally justified; beneficiaries should be compensated appropriately rather than in full; offenders' compensation should take priority over beneficiaries' compensation; evidence should be secured as soon as possible; in cases involving criminal proceedings, you can refer to the relevant columns and hire a lawyer as soon as possible to assist with ancillary civil litigation and the recognition of acts of bravery. It should be noted that the recognition of acts of bravery is handled by the relevant competent authorities in accordance with procedures, and the certificates can be used as supporting evidence for civil compensation. In cases involving construction contract liability, you can refer to the relevant provisions.Business and contract disputes in enterprisesColumn.
VI. Frequently Asked Questions
Q1: Should the beneficiaries of injury compensation be compensated for preventing crimes?
The infringer, that is, the offender, shall compensate first; if the offender is at large or unable to compensate, the beneficiary shall provide appropriate compensation (Article 183 of the Civil Code). It is recommended to first report the case to the police for accountability, and then, depending on the circumstances, claim appropriate compensation from the beneficiary. The two actions are not in conflict with each other, and the claimants can pursue them separately according to the law to avoid omitting the subject of compensation.
Q2: What evidence do we need to collect?
The following should be collected: the police report, on-site surveillance and witness statements, medical bills and loss of income certificates, and proof of the act of stopping the crime. These are used to prove the facts of the rescue, the consequences of the damage, and the expenses incurred. They serve as the basis for claiming against the perpetrator or the beneficiary. The earlier and more complete the evidence is fixed, the more beneficial it will be, as it can prevent the facts from fading with time.
Q3: How much compensation will be provided, and what are the fees involved?
The compensation to the beneficiary shall be appropriate, determined based on the damage and the beneficiary's capacity. The attorney's fees shall be negotiated, and the litigation fees shall be charged in stages according to the amount of the claim. Specifically, combined with the evaluation of medical and work-related loss, it is recommended to first fix the bills, then entrust a lawyer to calculate the claim, and control the cost of protecting rights.
Q4: How long do such disputes usually last?
The incidental civil action in criminal cases progresses along with the development of the case; the first-instance ordinary procedure for separate compensation litigation generally does not exceed six months. The key is to fix the evidence of the police report, surveillance footage, and medical records as soon as possible to prevent the facts from being difficult to clarify, affecting the determination of compensation or restitution, and delaying the process will increase the difficulty of providing evidence.
Q5: What should we do if we can't catch the criminal?
First, the public security organ will track down the fugitive. In civil matters, the beneficiary can be requested to provide appropriate compensation and apply for recognition and subsidies for bravery and righteousness. Keep the evidence and consult a professional lawyer in time to clarify the connection between compensation and reparation, protect their legitimate rights and interests according to law, and avoid losing their rights and interests.
This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.
If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence, in order to avoid missing the statutory time limits.Personal injury legal services·Beijing Henglu Law Firm
Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.