Dr. Harbin was hit by paraplegia, and the family of the attacker left 30 thousand yuan. What should I do?

After the person was injured, the family of the hitter dropped 30 thousand yuan! Dr. Ma Chao, who was paraplegic, can negotiate compensation with the hitter first. If negotiation fails, the judicial organ may, at the same time, pursue the criminal responsibility of the parties, file a civil lawsuit incidental to criminal proceedings or file a separate civil lawsuit. ?

1. Dr. Ma Chao, who is physically disabled and determined, is in a wheelchair to defend! On 20 19 1.9, Ma Chao, a paraplegic, came to Harbin Institute of Technology to defend his doctoral thesis. With the help of a school girl, his defense process lasted for 2 hours. Results of defense: Seven professors unanimously passed, and Ma Chao got his doctorate! This scene made Ma Chao and his wife Luo Chunying burst into tears. They have paid too much for this day!

1. At that time, Ma Chao was the backbone young teacher of Northeast Forestry University and won many awards in his work. This is the golden age of his life. Not only that, Ma Chao is also studying for a doctorate in computer science at Harbin Institute of Technology, and the first draft of his doctoral thesis has been completed. As long as he passes the defense, he will become a doctor!

Ma Chao was paraplegic because of an accident. When he recovered from his hospital bed, he made a decision that his relatives and friends couldn't imagine-completing his doctoral defense and getting his doctorate! For Ma Chao, revising the paper is tantamount to a life-and-death battle. Because paraplegic Ma Chao can only lie flat at ordinary times, he has to sit up straight to see the computer screen when correcting the paper. This kind of sitting posture is very common for ordinary people, but it will cause postural hypotension and fainting for paraplegic patients!

Ma Chao has revised his doctoral thesis three times during the four months of preparing for the defense! Because of the limitation of injury, Ma Chao can only dictate, relying on his wife to input through the computer! Luo Chunying is engaged in financial work, which has nothing to do with Ma Chao's major! The couple began to explore ways of cooperation. According to Luo Chunying, "I will type a few words when he says he wants to add anything, and I will do whatever he says." The technical term of computer is said by Ma Chao letter by letter. His wife is spelling on the computer. Ma Chao is so careful that he can read every word his wife knocks. When looking for references, Ma Chao will tell her which websites to open. When Luo Chunying opens them, she will move the notebook to him to show him.

4. This cooperation can't last too long at a time, because for too long, Ma Chao will faint because of postural hypotension. Luo Chunying will observe Ma Chao's face every time. If his lips turn white, he will immediately stop to give him oxygen and take a rest before making changes. After four months of paper revision, Ma Chao can finally take part in the defense!

Second, a case of intentional injury behind inspiration. A young doctor means a bright future. Why is he paraplegic? With the public's attention, the intentional injury case behind an inspirational story was uncovered. Is he paralyzed by someone, or is it because of a small matter? It's really touching and sad!

1, 2018 In the early morning of April 12, Ma Chao drove to the airport to meet his father. There are many cars blocked on the temporary national highway at the airport. During Ma Chao's driving, two cars forcibly overtook. Ma Chao doesn't like fighting at ordinary times, so he let the first car in. Ma Chao was worried that the cold weather in the early morning would make his father catch cold, so he didn't give way to the second car. But it was such a small move that Ma Chao met an "unexpected trouble" that might change his life!

There is a man and a woman who want to cut in line on the second bus. This man is called Yu. Seeing that Ma Chao didn't give way, I got off and knocked on Ma Chao's window, but Ma Chao ignored it. Upon seeing this, Wu Guangyu directly opened Ma Chao's door, forcibly pulled Ma Chao and cursed him. As a university teacher, Ma Chao is a weak scholar. Because he has something urgent to do, he is ready to turn around and get back to the car. However, Wu Guangyu saw that Ma Chao did not respond, and even intensified. He began to beat him and beat Ma Chao's back and cervical vertebrae. Ma Chao eventually fell to the ground.

3. After the incident, Ma Chao was sent to the Affiliated Hospital of Harbin Medical University by 120 ambulance for rescue and was diagnosed as paraplegia. Except for his eyes and mouth, he is completely unconscious from the chest down! After the accident, Ma Chao became a paraplegic. After being detained by the local police, his relatives came to the hospital to visit Ma Chao, hoping that the matter would be resolved. Ma Chao's lover said that as long as her husband gets better, just give me the medical expenses for the operation. I don't know how far my husband can recover. But in the end, after the attacker and his family paid 30 thousand yuan, they refused to pay the medical expenses and did not show up!

Faced with huge medical expenses and rehabilitation expenses, a warm little family has paid everything. According to Ma Chao's wife, Luo Chunying, the cost of surgery at that time was more than 100,000 yuan, and the rehabilitation treatment and medical expenses in the later period had already spent nearly 500,000 yuan. The 30 thousand yuan given by the hitter's family is really a drop in the bucket! The school has also given great help. When Ma Chao lived in the intensive care unit, the school leaders gave them a loan of100000 yuan from the school, which saved Ma Chao's life. When Ma Chao learned that his wife initiated crowdfunding, he refused. He said that students don't make money and can't give them any trouble.

Third, in the case of intentional injury, how can the victim claim compensation? To tell the truth, it is difficult for victims of criminal cases to ask for compensation. Criminal suspects such as intentional injury, theft and fraud are basically "three noes", with no fixed job and no fixed income. In this case, it is much easier to have a proper job.

1. Both parties shall settle it through consultation.

This method is the most direct and effective. After identification, Dr. Ma Chao was seriously injured, and the attacker constituted the crime of intentional injury, and should be sentenced to fixed-term imprisonment of not less than three years but not more than ten years according to law. If the two sides reach a compensation agreement, Dr. Ma Chao can issue a letter of understanding to the hitter so that he can get a lighter punishment. This is two good things.

The Supreme People's Court's Guiding Opinions on the Sentencing of Joint Crimes (Fa Fa Fa Fa [2017] No.7) can reduce the benchmark punishment by less than 40% for those who actively compensate the victims for their economic losses and obtain an understanding, and by less than 30% for those who actively compensate but fail to obtain an understanding. Although there is no compensation, if an understanding is reached, the benchmark penalty can be reduced by less than 20%.

2. Bring an incidental civil action in criminal proceedings.

Although there is no need to pay legal fees for incidental civil litigation, according to the principle of "people first and punishment later", civil cases will be tried before criminal cases, which saves time compared with separate prosecution. However, this kind of lawsuit will be limited in the scope of compensation, and can only compensate for material losses, but not for mental losses.

Article 99 of the Criminal Procedure Law, if the victim suffers material losses due to the criminal acts of the defendant, he has the right to bring an incidental civil action in the course of criminal proceedings. If the victim dies or loses his capacity for civil conduct, his legal representative and close relatives have the right to file an incidental civil action. If state property or collective property suffers losses, the people's procuratorate may bring an incidental civil action when it brings a public prosecution.

3. file a separate civil lawsuit.

After the judgment of a criminal case, the victim or agent can bring a civil lawsuit to the court alone, although they need to pay a certain litigation fee, but they can strive for the best interests. For spiritual compensation, you can fight for it, because the judgment standards of local courts are different. ?

Conclusion: We don't comment too much on the hitters, which may be beneficial to their dispute resolution. Tell me about Dr. Ma Chao! Although a doctoral student is paraplegic, he never wants to live with his own bed. He wants to be a valuable person. With the help of his school, tutor and wife, he will not be afraid of fainting and looking for information, and fight with death all the way to become a doctor! This perseverance will always inspire us!