1. Can I sue for school violence?
Of course you can sue. The purpose of filing a lawsuit in court is to require the offender to compensate the victim for the losses caused by the student. Such matters should be handled by the police first, with fines, detention, etc. Administrative penalties are now imposed. Then, let’s talk about compensation. Civil litigation procedures for school violence can be implemented with reference to general civil litigation procedures.
1. To sue is to file a complaint with a court of competent jurisdiction.
2. Case filing review
(1) If the case filing conditions are met, the parties will be notified to pay the litigation fees within 7 days, and the case will be filed after paying the fees; if the case filing conditions are not met, the case will be ruled inadmissible. .
(2) If you are dissatisfied with the decision to dismiss the prosecution, you should appeal to the Higher People’s Court within 10 days.
(3) After the court accepts the case, it will send a copy of the complaint to the other party within 5 days, and the other party will reply within 15 days and notify both parties to exchange evidence. Based on the application of the parties, a property preservation ruling can be made and implemented immediately.
3. Arrange the hearing time
Notify the parties of the time, place and person in charge of the hearing 3 days in advance; the public hearing of the case will be announced 3 days in advance.
2. What are the responsibilities of school violence parties?
1. Criminal responsibility
There are also some students who believe that they are minors and do not need to bear criminal responsibility even if they commit crimes. We know that according to the relevant provisions of the criminal law, persons over the age of 16 commit crimes and should bear criminal responsibility. Anyone who has reached the age of fourteen but not the age of sixteen who commits intentional homicide, intentional injury, serious injury or death, rape, robbery, drug trafficking, arson, explosion, or poisoning shall bear criminal responsibility. If the perpetrator of school violence reaches the legal age, the court should punish the suspect to maintain legal fairness and justice. Our country's criminal procedure law adopts the principle of state prosecution, and prosecutors file public prosecutions in court on behalf of the state.
2. Civil liability
Anyone who intentionally or negligently infringes upon the personal or property rights of others shall be liable for damages in accordance with the law. Damages arising from tortious conduct are known as civil liability. Civil liability is intended to protect the victim's body and property from illegal infringement.
Article 179 of the "Civil Code" (implemented from January 2021) Whoever infringes upon others and causes personal damage shall compensate for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospitalization food subsidies, Reasonable expenses for treatment and rehabilitation such as loss of income due to absence from work. If disability is caused, the cost of assistive devices and disability compensation shall also be paid; if death is caused, funeral expenses and death compensation shall also be paid.
In summary, school violence has its own characteristics. In this kind of personal injury, the age of the perpetrator is relatively young. Some school violence cases result in injuries to students, and the injured parents can sue each other in court. This is a civil infringement, and parents can ask the other party to compensate for medical expenses, nursing expenses, and mental damages. In this case, you must pay attention to the statute of limitations, which is three years at the latest.
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