Legal analysis
Personal rights are one of the most important rights for everyone, including health rights, freedom rights and so on. These rights are protected by law, and no one may infringe upon the personal rights of others. Tort is an illegal act that causes losses to others, while personal tort is an infringement that causes certain harm to others' bodies. For personal injury, according to the relevant laws and regulations, the perpetrator who caused personal injury should compensate the victim according to the actual situation. The causes of unjust, false and misjudged cases include extorting a confession by torture or extorting a confession by torture in disguised form, which is the direct cause of unjust, false and misjudged cases and also the stubborn disease of modern judicial concepts and systems. This stubborn disease has not been eliminated so far. No matter the unjust, false and wrong cases discovered in recent years or the new ones that are still emerging, most of them are formed by extorting confessions by torture. The main reason why extorting a confession by torture is difficult to contain is not that there is nothing to do, but that the determination is not strong. There are only two reasons for weak determination: one is the concept, because some people still believe that extorting a confession by torture is credible and superstitious about its effect, and the other is the need of utility, and extorting a confession by torture can achieve the preset purpose. Power intervention in judicature Power intervention in judicature is the embodiment of judicial administration, and it is also a prominent problem that the rule of law environment is not complete. Power intervention in the judiciary has become the inertia for many years, and people have become accustomed to it, forming a strange circle: everyone opposes power intervention and seeks power intervention at the same time. This phenomenon of opposing power intervention with power intervention objectively further strengthens the role of power intervention and intensifies its evil consequences. It is a very serious and special problem in China's judicial practice that interest-driven case-handling organs undermine justice and even create unjust, false and misjudged cases. In addition to some problems in legislation and judicial system, some misunderstandings in the concept of criminal procedure deserve more attention.
legal ground
People's Republic of China (PRC) State Compensation Law
Article 32 The main form of state compensation is to pay compensation. Property that can be returned or restored to its original state shall be returned or restored to its original state.
Thirty-third violations of citizens' personal freedom, the daily compensation shall be calculated according to the average daily salary of employees in the previous year.
Article 34 Where a citizen's right to life and health is infringed, compensation shall be calculated in accordance with the following provisions: (1) If physical injury is caused, medical expenses and nursing expenses shall be paid, and the income reduced due to absenteeism shall be compensated. The daily compensation for income reduction is calculated according to the average daily salary of employees in the previous year, and the maximum is five times the average annual salary of employees in the previous year; (2) If part or all of the working ability is lost, medical expenses, nursing expenses, living AIDS for the disabled, rehabilitation expenses, other necessary expenses due to disability and expenses necessary for continuing treatment shall be paid, and disability compensation shall be paid. Disability compensation is determined according to the degree and level of disability stipulated by the state, and the maximum is not more than 20 times of the average annual salary of employees in the previous year. If it causes complete loss of working ability, it shall also pay living expenses to the disabled person it supports; (3) If death is caused, death compensation and funeral expenses shall be paid, the total amount of which shall be 20 times of the average annual salary of employees in the previous year. Living expenses shall also be paid to those who were unable to work and were supported by the deceased before his death. The payment standard of living expenses stipulated in items (2) and (3) of the preceding paragraph shall be implemented with reference to the local minimum living standard. If the dependant is a minor, the living expenses shall be paid to the age of eighteen; Other people who are unable to work shall be paid living expenses until their death.