What measures should we take in the face of illegal infringement?

In the face of unlawful infringement, different measures should be taken according to the specific circumstances of unlawful infringement:

First, take self-defense in the face of continuous illegal infringement. Article 20 of the Criminal Law stipulates that in order to protect the state, public interests, personal, property and other rights of oneself or others from ongoing illegal infringement, stopping illegal infringement and causing damage to the illegal infringer, it belongs to self-defense and does not bear criminal responsibility.

If justifiable defense obviously exceeds the necessary limit and causes great damage, criminal responsibility shall be borne, but the punishment shall be mitigated or exempted.

Taking defensive actions against violent crimes such as assault, murder, robbery, rape, kidnapping, etc., which seriously endanger personal safety, and causing casualties to illegal infringers, is not excessive defense and does not bear criminal responsibility.

Second, report the case to judicial organs such as the Public Prosecution Law. Article 110 of the Criminal Procedure Law stipulates that a victim has the right to report or accuse a criminal fact or criminal suspect who infringes on his personal and property rights to a public security organ, a people's procuratorate or a people's court.

Third, transfer the violator to judicial organs. Article 63 of the Criminal Procedure Law stipulates that any citizen may immediately hand over to a public security organ, a people's procuratorate or a people's court a person who is committing a crime or who is discovered immediately after committing a crime.

Fourth, file a lawsuit and demand compensation. "the Supreme People's Court on the application of

Extended data:

"the Supreme People's Court on the application of

Article 155? When making a judgment on an incidental civil action, the amount of compensation that the defendant should pay should be determined according to the material losses caused by the criminal act and the specific circumstances of the case.

If a criminal act causes personal injury to the victim, it shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If the victim is a disabled person, he shall also compensate for the expenses of living AIDS for the disabled; If the victim dies, he shall also pay compensation for funeral expenses and other expenses.

If driving a motor vehicle causes casualties or heavy losses to public or private property, which constitutes a crime, the liability for compensation shall be determined in accordance with the provisions of Article 76 of the Road Traffic Safety Law of the People's Republic of China.

If the parties to an incidental civil action reach a mediation or settlement agreement on civil compensation, the scope and amount of compensation shall not be restricted by the provisions of paragraphs 2 and 3.

Judicial interpretation of personal injury compensation

Article 17? If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and income reduced due to missed work, including medical expenses, missed work expenses, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses.

If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment.

If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.

Article 18? If the victim or a close relative of the deceased suffers mental damage and the obligee requests compensation for mental damage from the people's court, it shall be determined in accordance with the Interpretation of the Supreme People's Court on Several Issues Concerning Determining the Liability for Compensation for Mental Damage in Civil Tort.

The right to claim compensation for mental damage shall not be transferred or inherited. However, the obligor for compensation has promised to pay monetary compensation in writing, or the obligee for compensation has brought a lawsuit to the people's court.

Nineteenth medical expenses shall be determined according to the receipt of medical expenses and hospitalization expenses issued by medical institutions, combined with medical records, diagnosis certificates and other relevant evidence. If the obligor for compensation disagrees with the necessity and rationality of the treatment, he shall bear the corresponding burden of proof.

The amount of compensation for medical expenses shall be determined according to the amount actually incurred before the end of the debate in the court of first instance. The obligee can sue separately after deducting the necessary rehabilitation expenses, appropriate cosmetic expenses and other follow-up treatment expenses of organ function recovery training. However, according to the medical certificate or appraisal conclusion, the inevitable expenses can be compensated together with the medical expenses that have already occurred.

Article 20? The lost time fee is determined according to the lost time fee and income of the victim.

The lost time fee is determined according to the certificate issued by the medical institution where the victim receives treatment. If the victim continues to be absent from work due to injury and disability, the absence time can be calculated to the day before the date of disability.

If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income. If the victim has no fixed income, it shall be calculated according to his average income in the last three years; If the victim can't provide evidence to prove his average income in the last three years, he can refer to the average salary of employees in the same industry or similar industries where the Court of Appeal is located in the previous year.

Article 21? The nursing fee is determined according to the income of nursing staff, the number of nurses and the nursing period.

If the nursing staff has income, it shall be calculated with reference to the provisions of the lost time fee; If the nursing staff has no income or employs nursing staff, it shall be calculated with reference to the local labor remuneration standard for nursing staff at the same level. In principle, there are 1 nursing staff, but if medical institutions or appraisal institutions have clear opinions, the number of nursing staff can be determined by reference.

The nursing period should be calculated until the victim recovers his self-care ability. If the victim can't recover his self-care ability due to disability, a reasonable nursing period can be determined according to his age, health status and other factors, but the longest period is no more than 20 years.

After the victim is disabled, the nursing level should be determined according to the degree of nursing dependence and the preparation of disability AIDS.

Article 22? The transportation expenses shall be calculated according to the actual expenses incurred by the victim and his necessary accompanying personnel for medical treatment or transfer to hospital for treatment. Transportation expenses should be based on official bills; Relevant credentials shall be consistent with the place, time, times and frequency of medical treatment.

Article 23? In-hospital food allowance can be determined by referring to the standard of food allowance for ordinary staff of local state organs.

The victim really needs to go to other places for treatment and cannot be hospitalized for objective reasons. A reasonable part of the accommodation and food expenses actually incurred by the victim and his entourage shall be compensated.

Article 24? Nutrition fee is determined according to the disability of the victim and the opinions of medical institutions.

Article 25? Disability compensation is calculated according to the degree or level of disability of the victim and the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the appeal court is located, and it is calculated for 20 years from the date of disability. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.

If the victim is disabled due to a work-related injury, but his actual income has not decreased, or his disability level is light, but his employment is seriously affected by occupational hazards, his disability compensation can be adjusted accordingly.

Article 26? The cost of assistive devices for the disabled shall be calculated according to the reasonable cost standard of common applicable devices. If the injury has special needs, you can refer to the opinions of the assistive devices configuration organization to determine the corresponding reasonable cost standard.

The replacement cycle and compensation cycle of auxiliary appliances are determined with reference to the opinions of the organization.

Article 27? Funeral expenses are calculated according to the average monthly salary of employees in the last year where the Court of Appeal is located.

Article 28? The living expenses of the dependents shall be calculated according to the degree of the dependents' loss of working ability and the per capita consumption expenditure of urban residents and rural residents in the last year where the Court of Appeal is located. If the dependant is a minor, it shall be calculated at the age of eighteen; If the dependent has no ability to work and no other source of income, it shall be counted as 20 years.

However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.

A supporter refers to a minor who should bear the obligation of support according to law or an adult close relative who has lost the ability to work and has no other source of income. If the dependents have other dependents, the compensation obligor shall only compensate the victim for the part that he should bear according to law. If there are several dependents, the total annual compensation shall not exceed the per capita consumption expenditure of urban residents or the per capita annual living consumption expenditure of rural residents in the previous year.

Article 29? Death compensation is calculated according to the per capita disposable income of urban residents or the per capita net income of rural residents in the last year where the Court of Appeal is located, and the calculation period is 20 years. However, for those over 60 years of age, the age will be reduced by one year for each additional year; Seventy-five years of age or older, calculated by five years.

Article 30? If the compensation obligee proves that the per capita disposable income of urban residents or the per capita net income of rural residents in his domicile or habitual residence is higher than the standard of the place where the court is sued, he may calculate disability compensation or death compensation according to the relevant standard of his domicile or habitual residence.

References:

Baidu encyclopedia-illegal infringement