Disputes over the right to life, health and body refer to disputes caused by others' actions against the right to life, health and body.
The right to life refers to the right whose content is the safety interest of natural person's life. The right to life is the highest form of right protected by law. The loss of life is the result of violating the right to life.
Regarding the right to life, it is generally considered as a right with the life interest of the civil subject as the object and a personality right.
According to the Supreme People's Court's Interpretation of Several Issues on Determining the Liability for Compensation for Spiritual Damage in Civil Tort, the right to life, the right to health and the right to body are three kinds of personality rights in parallel.
Interpretation of Several Issues Concerning the Determination of Liability for Compensation for Spiritual Damage in Civil Tort Article 1 If a natural person brings a lawsuit for compensation for mental damage to the people's court because of the illegal infringement of the following personality rights, the people's court shall accept it according to law:
Right to life, health and body;
(two) the right to name, portrait, reputation and honor;
(3) the right to personal dignity and personal freedom.
Infringement of public interests, social morality and other personal interests, the victim to the people's court for compensation for mental damage on the grounds of infringement, the people's court shall accept it according to law.
Article 179 of the General Principles of Civil Law of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall pay compensation for medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If it causes disability, it shall also compensate for the cost of assistive devices and disability compensation; If death is caused, funeral expenses and death compensation shall also be paid.
Article 182 If property losses are caused by infringing upon the personal rights and interests of others, compensation shall be made according to the losses suffered by the infringed party or the benefits obtained by the infringer; It is difficult to determine the losses suffered by the infringer and the benefits gained by the infringer. If the infringer and the infringed party fail to reach an agreement on the amount of compensation and bring a lawsuit to the people's court, the people's court shall determine the amount of compensation according to the actual situation.
Article 183 If a violation of the personal rights and interests of a natural person causes serious mental damage, the infringed person has the right to claim compensation for the mental damage.
If serious mental damage is caused to a specific object with personal significance of a natural person due to intentional or gross negligence, the infringed person has the right to claim compensation for mental damage.