Nevertheless, the number of casualties caused by this accident is as high as 63, even if it only compensates for direct material losses such as medical expenses, nursing expenses, transportation expenses, rehabilitation expenses, lost time, assistive devices for the disabled, funeral expenses and property losses. This is undoubtedly a huge sum of money, and the owners of collapsed self-built houses may not be able to bear such huge compensation.
If the homeowner is unable to pay the compensation, since the disability compensation, death compensation and mental damages are not covered by the criminal law, the victim or his close relatives can also get the compensation amount including disability compensation, death compensation and mental damages as much as possible through the following seven ways:
I. Claiming rights from other criminal defendants According to the police report issued by Changsha Public Security Bureau, the public security organs have taken criminal compulsory measures against 1 1 people, including the owners, in response to the collapse accident of their own houses in Changsha. This means that 1 1 people may have made great mistakes in the collapse of their own houses and may bear unshirkable responsibilities.
For example, in the case where 1 1 was finally convicted and sentenced, the other 10 criminal defendants, like the owner, did not have to bear the responsibilities of disability compensation, death compensation, mental damages, etc., but they suffered medical expenses, nursing expenses, transportation expenses, rehabilitation expenses, lost time, assistive devices for disabled life and funeral expenses.
2. Claim against Hunan Xiangda Engineering Testing Co., Ltd. According to the police report issued by Changsha Public Security Bureau and the news released by Changsha People's Procuratorate, five technicians, including Tan Mou, Ning Mou, Tang Mou, Gong Mou, the general manager of Hunan Xiangda Engineering Testing Co., Ltd., have been criminally detained by the public security organs, and have been approved by the procuratorial organs to issue false housing safety appraisal reports after conducting housing safety appraisal on self-built family hotels (floors 4, 5 and 6).
According to Article 1252 of the Civil Code, if the construction unit and the design unit can't prove that there is no quality defect in the collapsed house, the construction unit and the design unit themselves must also bear joint and several liability for personal injury caused by the collapse of the building, and the scope of compensation includes all personal injury compensation items including disability compensation, death compensation and mental damage compensation.
Third, it is a special tort to demand compensation from the owner's spouse for personal and property crimes, and the criminal liability in criminal law is also a tort debt.
Generally speaking, whether it is a criminal act or a civil tort, it is a personal act of the actor and has nothing to do with the spouse of the actor. The resulting tort debt is personal debt, not joint debt of husband and wife.
However, if the actor's spouse shares the benefits of production and operation arising from the actor's criminal behavior or tort, the debts arising therefrom shall be regarded as those arising from the husband and wife's common life and joint production and operation.
Specifically, in this case, if the business interests of the owner such as renting the collapsed house are the main sources of income for both husband and wife, that is to say, the owner's spouse shares the production and business interests of the owner of the collapsed house, then the compensation liability borne by the owner due to the collapse of the house should be recognized as the joint debt of the husband and wife, and the owner's spouse should be jointly and severally liable to the victim or the victim's family within the scope of the owner's compensation liability.
Four. Compensation for Work-related Injury According to the Regulations on Work-related Injury Insurance, those who are injured by accidents during working hours and workplaces due to work reasons or by violence and other accidents due to performance of work duties shall be recognized as work-related injuries.
The victims of the collapse of self-built houses in Changsha, if they are employees of employers such as family hotels, private cinemas or tea shops, belong to work-related injuries and can enjoy work-related injury insurance benefits according to law. The employer has purchased work-related injury insurance, and the treatment of work-related injury insurance is paid by the work-related injury insurance fund; If the employer fails to purchase work-related injury insurance, the treatment of work-related injury insurance shall be borne by the employer.
At the same time, according to the Provisions of the Supreme People's Court on Several Issues Concerning the Trial of Administrative Cases of Work-related Injury Insurance, there is no conflict between the treatment of work-related injury insurance and the compensation of the infringer, but the medical expenses paid by the infringer cannot be compensated repeatedly.
Verb (abbreviation of verb) claims from Changsha Medical College According to news reports, some of the casualties in the collapse accident of Changsha's self-built houses were students of Changsha Medical College. According to Article 120 1 of the General Principles of the Civil Law, if a person without or with limited capacity for civil conduct suffers personal injury from a third person other than a kindergarten, school or other educational institution during his study and life, the kindergarten, school or other educational institution shall bear the corresponding supplementary liability for compensation.
If only from the age standard, minors under the age of eight are persons without civil capacity, and natural persons over the age of eight but under the age of eighteen are persons with limited civil capacity.
If there are minors under the age of 18 among the victims of the collapse accident of self-built houses in Changsha, and Changsha Medical College fails to fulfill its management responsibilities, the victims or their close relatives have the right to ask Changsha Medical College to bear corresponding supplementary compensation responsibilities.
Claim of intransitive verbs against operators of hotels, entertainment places and other places of business There are two main situations in which victims or their close relatives can claim compensation from operators of hotels, entertainment places and other places of business:
The first is that the operators of hotels, entertainment places and other business places have certain faults in the occurrence of house collapse accidents. For example, the operators of hotels, entertainment places and other business places have different degrees of structural changes to houses, and these different degrees of structural changes are also one of the factors leading to the collapse of houses.
Because according to Article 1252 of the Civil Code, if the building collapses due to the user's reasons and causes damage to others, the user needs to bear the tort liability.
The second is that the personal injury of the victim was caused by a third person. However, the operators of hotels, entertainment places and other business places have not fulfilled their security obligations, so the operators of hotels, entertainment places and other business places should bear the corresponding supplementary liability for compensation.
Seven. Victims or their relatives apply for national judicial assistance According to the Opinions on Establishing and Perfecting the National Judicial Assistance System (Trial), the Detailed Rules for National Judicial Assistance of the People's Procuratorate (Trial) and the Decision of the Supreme People's Court on Further Strengthening Criminal Trial, victims and their relatives who have real difficulties in life due to criminal acts may apply for national judicial assistance from the case-handling organs (public security organs, procuratorates and courts), but the amount of national judicial assistance,