How to punish property infringement depends on the specific situation. If it is intentional damage to property, it does not constitute a crime and will be punished for public security. If a crime is constituted, criminal responsibility shall be investigated according to law.
Tort refers to an illegal act that infringes on the personal property or intellectual property rights of others and should bear civil liability according to law. After the infringement, there is a specific relationship of civil rights and obligations between the infringer and the victim, that is, the victim has the right to claim compensation from the infringer. Civil rights and interests include personal rights and property rights such as the right to life, health, name, reputation, honor, portrait, privacy, marital autonomy, guardianship, ownership, usufructuary right, guarantee right, copyright, patent right, trademark exclusive right, discovery right, stock right and inheritance right. An illegal act in which the actor infringes upon the person, property and other legitimate rights and interests of others due to his fault, as well as other violations in which the law specifically stipulates that he should bear civil liability.
It is generally believed that tort is civil fault first, that is to say, tort destroys a certain responsibility stipulated by law, which is strictly prohibited by law; Tort is also an act that causes harm to others, and the injurer must compensate the injured person.
Whether it belongs to the rights recognized and protected by law can be divided into three situations: one is that the object of infringement belongs to the rights absolutely protected by law. This kind of rights and interests has the nature of the world, that is, everyone in the world has the obligation of non-infringement, and its obligor is not specific. Whoever infringes on such rights and interests is an infringement. For example, generally speaking, the personal rights and property rights of civil subjects are absolutely protected by law.
On the other hand, the object of infringement belongs to the object of "relative protection" by law. In other words, the law allows the actor to do harm to the object within a certain range or under certain conditions, and the law does not prohibit, condemn or even encourage such harm. Only when the actor violates these conditions will the law protect him. For example, doctors should not only remove patients from patients, but also remove some good organs or bodies of patients for the benefit of patients.
What is the scope of compensation for property infringement?
1. Property loss refers to the direct loss of vehicles and property caused by road traffic accidents, and it should also include the expenses for on-site rescue (insurance) and the aftermath of personal injury and death, but it does not include the indirect loss of property caused by shutdown, production suspension and business suspension.
2. Facilities refer to road safety facilities and other facilities on and near roads, such as electric power, water conservancy facilities, houses, trees and flowers, etc.
3. repair. Vehicles, articles and facilities damaged by the accident shall be repaired and restored to their original state. The restoration is mainly in situ, and the original state is restored as much as possible, that is, the function, shape and value have not changed much.
4. Discount compensation. Vehicles, articles and facilities damaged by the accident cannot be repaired and need to be compensated at a discount. When discounting, the original value, the old and new market price of the original value and the residual value should be calculated for discount compensation.
5, livestock injury but did not lose the use value, should be based on local treatment; Loss of use value or death due to injury, the relevant departments to assess and identify, discount compensation.
6. Compensation in kind. Upon mutual agreement, compensation shall be made in kind of the same or similar kind and quality.
I hope the above content can help you. Please consult a professional lawyer if you have any other questions.
Legal basis: Article 1032 of the Civil Code of People's Republic of China (PRC) stipulates that natural persons have the right to privacy. No organization or individual may infringe upon the privacy rights of others by spying, harassing, exposing or making public. Privacy is the private space, private activities and private information that natural people live in peace and don't want to be known by others.