Accident includes what

Accident refers to the behavior of the perpetrator has caused damage results, but the perpetrator in the subjective neither intentional nor negligent behavior. Accidents include what? Today I will organize the article about accidents for you, welcome to read and understand!

Accidents include what

1, accident, that is, although the person's behavior objectively caused the results of the damage, but not out of the person's intention intention or negligence, but out of the person can not be resisted or can not be foreseen by the cause of the cause.

2, the accident is an accident that causes injury, death or equipment and facilities, property damage and other losses. Accidents are divided into production accidents and enterprise employee casualties. Production accidents are also considered accidents, which refers to the production and business activities in the process, the sudden occurrence of injuries to people's physical safety and health or damage to facilities or economic losses, resulting in the temporary suspension of the original activity or the permanent termination of the unexpected events.


Article 16 of the Criminal Law of the People's Republic of China

Article 16 of the behavior objectively caused damage, but not out of intention or negligence, but due to irresistible or unforeseeable reasons, is not a crime.

3. Accidents are mainly categorized as follows:

(1) An accident is a special event that occurs in human production and living activities, and accidents may occur in the course of any human production and living activities.

(2) Accident is a kind of sudden, unexpected and unforeseen events. Because the causes of accidents are very complex, often including many accidental factors, and thus the occurrence of accidents has a random nature. Before an accident occurs, people can not accurately predict when, where, and what kind of accident.

(3) Accident is an event that forces the ongoing production and living activities to stop temporarily or permanently. Accidents interrupt and terminate people's normal activities, is bound to bring some form of impact on people's production and life. Therefore, the accident is an event against people's will, is an event that people do not want to happen.

Second, the terms of compensation

Road traffic accidents, medical malpractice, fights, injuries and homicides and other suspected personal violence caused by the crime of compensation (collateral civil damages) are within the scope of the personal injury compensation disputes, the relevant compensation items and standards are applicable to "the supreme people's court on the trial of cases of personal injury compensation for the application of the law of several Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in Hearing Cases of Personal Damage Compensation. Article 1

If the person entitled to compensation sues for compensation for property loss and moral damage due to the infringement of life, health and body, the people's court shall accept the case.

The ""right to compensation"" referred to in this Article refers to the victims who suffered personal injury directly due to tort or other causes of harm, the dependents of the victims who bear the obligation of support according to law, as well as the close relatives of the victims of death.

""Compensation obligor"" referred to in this article refers to the natural person, legal person or other organization that should bear civil liability due to their own or another person's tortious acts and other causes of harm according to law.

Article 2

If the victim has intentionally or negligently contributed to the occurrence or expansion of the same damage, the liability of the person liable for compensation may be reduced or exempted in accordance with Article 131 of the General Principles of Civil Law. However, the tortfeasor due to intent or gross negligence caused damage, the victim is only general negligence, does not reduce the liability of the compensation obligation.

The third paragraph of Article 106 of the General Principles of Civil Law shall apply to determine the liability of the person liable for compensation, and if the victim is grossly negligent, the liability of the person liable for compensation may be reduced.

Article 3

If more than two persons **** the same intention or **** the same negligence to cause damage, or although there is no **** the same intention or **** the same negligence, but their infringement behaviors are directly combined to occur the same damage consequences, it constitutes **** the same infringement, and they shall be jointly and severally liable in accordance with the provisions of Article 130 of the General Principles of Civil Law.

More than two people do not have *** same intention or *** same negligence, but their respective acts indirectly combined with the occurrence of the same damage consequences, should be based on the size of the fault or the proportion of the cause of the respective responsibility for compensation.

Article 4

If two or more persons ****simultaneously commit an act that endangers the personal safety of another person and causes damage, and the actual perpetrator of the act of aggression cannot be determined, they shall be jointly and severally liable in accordance with the provisions of Article 130 of the General Principles of Civil Law. If the perpetrator of the ****same dangerous act is able to prove that the consequences of the damage were not caused by his act, he shall not be liable for compensation.

Article 5

Where the right holder of compensation sues some of the ****same infringers, the people's court shall add other ****same infringers as ****same defendants. If the compensation right holder waives the claim against the partial ****same infringer in the litigation, the other ****same infringers shall not be jointly and severally liable for the share of compensation that should be borne by the defendant whose claim has been waived. If the scope of liability is difficult to determine, it is presumed that each *** with the infringer to bear equal responsibility.

The people's court shall inform the legal consequences of the waiver of claims, and the waiver of claims in the legal documents.

Article 6

Natural persons, legal persons, other organizations engaged in accommodation, catering, entertainment and other business activities or other social activities, not within reasonable limits of the obligation to ensure the safety of others suffered personal injury, the right to compensation for the person requesting that they bear the corresponding liability, the people's court shall support.

Third-party infringement of the results of the damage caused by the third party to bear the responsibility for compensation by the third party to carry out the infringement. Security obligation is at fault, should be in its ability to prevent or stop the damage within the scope of the corresponding supplementary liability. The safety and security obligor may recover compensation from the third party after assuming responsibility. Compensation right to sue the safety and security obligations, the third party shall be *** with the defendant, but the third party can not be determined, except.

Article 7

If a school, kindergarten or other educational institution which is legally obliged to educate, manage and protect minors fails to fulfill the relevant obligations within the scope of its duties, resulting in the minors suffering from personal injury, or if the minors cause personal injury to other people, it shall bear the compensation responsibility corresponding to its fault.

Third-party infringement of minors suffered physical damage, shall bear the responsibility for compensation. Schools, kindergartens and other educational institutions are at fault, shall bear the corresponding supplementary liability.

Article 8

If a legal representative, person in charge or staff member of a legal person or other organization causes damage to a person in the performance of his or her duties, the legal person or other organization shall bear civil liability in accordance with the provisions of Article 121 of the General Principles of Civil Law. The above personnel to carry out acts unrelated to their duties caused damage, the perpetrator shall be liable for compensation.

If the cause of compensation belongs to the State Compensation Law, it shall be dealt with in accordance with the provisions of the State Compensation Law.

Article 9 employees in the employment activities caused damage, the employer shall bear the liability; employees due to intentional or gross negligence caused damage,

shall bear joint and several liability with the employer. Employers bear joint and several liability, can be recovered from the employee.

The term ""engaging in employment activities"" in the preceding paragraph refers to engaging in production and business activities or other labor activities within the scope of the employer's authorization or instructions. Where the employee's conduct exceeds the scope of authorization, but its manifestation is the performance of duties or is intrinsically linked to the performance of duties, it shall be recognized as ""engaging in employment activities"".

Article 10

If the contractor causes damage to a third person or causes damage to himself in the course of completing the work, the fixer shall not be liable for compensation. However, if the fixer is negligent in fixing, instructing or selecting, he shall bear the corresponding liability.

Article 11

If an employee suffers personal injury in the course of employment activities, the employer shall bear the compensation responsibility. If a third party outside the employment relationship causes personal injury to an employee, the person entitled to compensation may request the third party to bear the compensation liability, or may request the employer to bear the compensation liability. After the employer assumes liability, he can recover from the third party.

Although in life we do not like insurance, but we still have to be prepared for the worst Accidents include though is more. So there are times when it is best to be prepared for the last hand. So we encounter in life after the occurrence of things, do not panic, do not rush. Because there are times when people are fine, some seemingly more expensive things after the damage we are insured.

Some of the sources of this force majeure come from nature, and some come from the behavior of others or my own physiological disorders.