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The beater is detained. Is there no need to compensate

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The beater is detained. Is there no need to compensate


        

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  • 2024-06-17 19:01:45

    If the beating causes damage to the other party, compensation is required.
    Public security detention is only the public security punishment responsibility that should be borne according to the Law of Public Security Administration Punishment. If the fighting behavior causes damage to the other party, according to the provisions of Article 1 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, the people's court shall accept a lawsuit filed by the compensation obligee to claim compensation from the compensation obligor for property loss and mental damage due to the infringement of life, health and body. Therefore, compensation belongs to the category of tort liability, and does not conflict with the public security punishment received after beating.

    Legal basis

    Article 1 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, if the person with the right to compensation brings a lawsuit to request the person with the obligation to compensate for material and mental damage due to the infringement of life, body and health, the people's court shall accept it.
    The term "compensation obligee" as mentioned in this article refers to the victim who directly suffers from personal injury due to infringement or other causes of injury, as well as the close relatives of the deceased victim.
    The term "obligor for compensation" as mentioned in this Article refers to a natural person, legal person or an organization without legal personality that should bear civil liability according to law because of its own or another's tort and other causes of harm.

    To***

    2024-06-17 19:01:45

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