1. What are the violations of the right to life and health?
1. Causing physical injury or death to citizens by violent means such as beating or instigating others to beat is a serious violation of citizens' right to health.
2. Violations of the right to health include illegal use of weapons, police weapons and police equipment.
Second, the spiritual compensation for violating the right to life and health.
The casualties caused by tort or tort accident will not only cause property losses to the victims, but also cause mental damage to the direct and indirect victims. Mental damage refers to the mental damage caused by the infringer's violation of the victim's personal rights, including mental and physical pain, the pain of life affected by loss of limbs, the mental pain caused by marriage and employment difficulties caused by disfigurement, the mental pain caused by unemployment, abandonment or having to change jobs, the mental pain caused by sequela to future life, or the emotional pain, disappointment, dissatisfaction and resentment caused by the breakdown of marriage due to the above situations. This kind of damage is a part of non-property damage and has no direct relationship with property loss. The mental damage that infringes on the right to life and health refers to the mental or physical damage caused to the victim by the infringement of the right to life and health, including the physical pain, mental torture, loss of life enjoyment, shortened life span and loss of relatives.
Third, can minors become the subject of compensation for mental damage that infringes on the right to life and health?
Adults, as the right subject of mental damage compensation, are easy to understand. When minors are seriously injured, especially when they are physically disabled, disfigured or lose some physiological functions, although their consciousness is low and they have no mental pain for the time being, mental damage caused by the injury will inevitably occur with their age. For example, a hospital mistakenly removed a six-year-old girl's uterus when she had her appendix removed. The girl didn't show much mental pain at that time, but with her growth, the consequences of this kind of injury will have a great impact on her love and marriage, so the mental pain will be huge, even lifelong. Therefore, when minors' right to physical health is seriously infringed, although the injury did not cause serious mental damage to them at that time, this damage will inevitably occur with the passage of time. Therefore, minors should also be the right subject of mental damage compensation.
Legal objectivity:
Article 179 of the Civil Law of People's Republic of China (PRC) infringes upon others and causes personal injury, it shall compensate the reasonable expenses of medical treatment, nursing expenses, transportation expenses, nutrition expenses, hospital food subsidies, etc., and the income reduced due to missed work. 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.