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  • In the joint and several liability, the victim can freely decide to claim compensation from the responsible person, and the share is adjusted according to the importance of the liability. When the major liability is difficult to divide, it may be shared equally. Multiple debtors need to pay the same debt in full, and creditors can recover from single or all debtors. Joint and several liability involves civil liability and is applicable to partnership debts, for example. The ways of implementation include simultaneous, selective and transformative, aiming to protect the rights and interests of victims and market order. #Damages 1348 readings
  • When consumers encounter problems that do not conform to food safety or commodity defects, they have the right to claim compensation for losses and enjoy an additional ten times the price or three times the loss compensation (1000 yuan if less than 1000 yuan). The dispute resolution approaches include: 1) Consumer Association complaint mediation, which is solved through face-to-face conversation and negotiation; 2) Appeal to the administrative department and express the appeal in writing, which is efficient and powerful; 3) Submit to arbitration to resolve disputes by expert decision, with low cost and good confidentiality; 4) If necessary, the court can apply to the court for trial in accordance with the law through judicial channels, namely civil litigation. If the merchant fails to perform the compensation, the consumer can protect their rights according to the above methods. #Damages 1117 readings
  • When the school fails to perform its education and management responsibilities, resulting in student fracture and other accidents, it shall bear the medical expenses, nursing expenses, transportation expenses, inpatient food subsidies, possible nutrition expenses, disability aids and compensation. The cost is calculated according to the actual expenditure, medical institution certificate and local standards. The school may assume supplementary responsibilities in the division of responsibilities, and has the right to claim compensation from other responsible persons. The amount of compensation shall be determined according to the victim's loss, disability level, age and other factors, and may be adjusted as appropriate in special circumstances. #Damages 885 readings
  • In the assistance work project, the responsibility assignment of the inviter depends on the role. As a contact person, I am only responsible for coordination and not responsible. However, the inviter shall bear legal responsibility. According to the Civil Code, the liability for injury includes medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, possible auxiliary equipment expenses, disability compensation (calculated by per capita disposable income), and funeral and death compensation. The compensation amount shall be calculated based on the actual medical expenses, transportation expenses, nursing conditions, food subsidies, nutrition suggestions, disability level, living expenses of the dependants and emotional damages, and the specific amount shall be determined according to relevant regulations and evidence. #Damages 1403 readings
  • The medical expenses shall be subject to the certificate of the medical institution and relevant evidence, including the lost time fee (considering the length of time and income). The nursing fee depends on the income of the nurse and the nursing period. Real bills are required for transportation expenses, with reference to medical treatment. The food allowance for hospitalization shall be determined according to the standard for business trip of public servants, and the nutrition fee shall be determined according to the injury assessment. The disability compensation shall be based on the per capita income, from the date of disability to the end of 20 years; For the cost of disability aids, refer to the cost of adaptive devices. #Damages 1328 readings
  • Farmer friends' lost wages due to non occupation shall be calculated according to the standard of non fixed income. The compensation for missed work is based on the time and income of the victim, and the period of missed work shall be certified by the medical institution. Those with fixed income shall be counted as actual loss; For those without fixed income, such as farmers and self-employed people, if they cannot provide the three-year average income certificate, the average wage of employees in the same or similar industries in the place where the incident occurred in the previous year shall be referred to for estimation. Farmers without fixed occupation shall be calculated according to the average annual salary of employees in the place where the accident occurred last year. The income certificate is an important basis for judgment. #Damages 1297 readings
  • The crime of commercial reputation and commodity reputation refers to the act of maliciously fabricating and widely spreading false information, which seriously damages the commercial reputation and commodity reputation of others. The constitution of crime needs to meet four elements: encroaching on complex objects, including business reputation and market order; Objectively lead to significant losses or adverse consequences through false facts; The subject is ordinary citizens who have reached the capacity of criminal responsibility; Subjectively, it needs to have direct intention to damage others. If the circumstances are serious, they may face fixed-term imprisonment or detention of less than two years and a fine. #Damages 1001 readings
  • The secondary compensation for minor injury shall be in accordance with the legal provisions, including compensation for mental comfort, nutrition (if there is a doctor's order), transportation costs, medical care costs, hospital board costs and drug costs. The amount of compensation shall be determined according to the actual material losses and the specific circumstances of the case, involving medical rehabilitation costs, loss of work delay (if applicable), additional compensation for auxiliary equipment costs for the disabled, and compensation for funeral and other related costs for the victim's death. The calculation standard follows Article 155 of the Criminal Procedure Law. #Damages 1081 readings
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