The civil liability for compensation caused by insulting behavior mainly refers to mental compensation.
However, there is no clear standard and amount of mental compensation in China, which is mainly determined by judges according to certain principles and referring to various factors.
1. What are the compensations for libel and insult?
Compensation for libel and civil liability for libel mainly refer to spiritual compensation. However, there is no clear standard and amount of mental compensation in China, which is mainly determined by judges according to the principles of supplementary application and fair application. Deliberately fabricating facts and spreading fictional facts is called slander. Defamation of others is legally defined as libel, which is a criminal act of private prosecution, that is, ignoring it.
Second, how much can libel be compensated?
Depending on the specific situation, whether it has caused actual losses is based on the degree of mental pain, and there is no legal standard. The civil liability for compensation caused by insulting behavior mainly refers to mental compensation. However, there is no clear standard and amount of mental compensation in China, which is mainly determined by judges according to certain principles and referring to various factors.
3. How much is the compensation for intentional injury?
The crime of intentional injury refers to the act of intentionally and illegally damaging the health of others. According to the provisions of the criminal law, anyone who intentionally harms another person's body shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance. The amount of compensation for intentional injury can be calculated and determined from the following scope, and the specific situation is analyzed. 1, medical expenses. Including: medical expenses, medical expenses, hospitalization expenses, others (voucher payment, referral form for foreign treatment; ) 2. Lost time. Victim's income standard (day, month, year) × lost time (according to the actual income if there is actual income, and according to the medium standard of the same industry if there is no actual income); 3. Hospitalization food allowance. Standard of food allowance for general staff of state organs on business trip (RMB × hospitalization days); 4. Nursing expenses. (there is income according to income, and there is no income according to the standard of missing work × days; Not more than 20 years); 5. Nutrition fee. According to the disability of the victim and the opinions of medical institutions; 6. Transportation expenses. Accommodation fee (need to be recorded and documented); 7. Spiritual compensation. You can't claim compensation for mental damage when you file a criminal incidental civil action. After the criminal judgment, if a separate lawsuit is filed, you may demand compensation.
I hope the above contents are helpful to you. If in doubt, you can consult a professional lawyer.
Legal basis: Article 246 of the Criminal Law.
Whoever publicly insults others by violence or other means or fabricates facts to slander others, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights. The crimes mentioned in the preceding paragraph shall be dealt with only if they are told, except those that seriously endanger social order and national interests. If the victim informs the people's court of the acts specified in the first paragraph through the information network, but it is really difficult to provide evidence, the people's court may request the public security organ to provide assistance.