What Do Injury Claims Specialists Do?

In May 2001, the case of compensation for virginity damage, known as the first case in mainland China, was heard by Shenzhen Intermediate People's Court. For the compensation of rape victims' virginity ^[1] , China's current legislation is still blank.

Chastity damages

Right!

In May 2001, the case of compensation for virginity damage, known as the first case in mainland China, was heard by Shenzhen Intermediate People's Court. for

Whether it is to calm the victim's pain, to reflect the victim and the judicial system to the victim

In August 1998, Zhang Li (pseudonym) met an Australian Chinese named Liu. Liu invited Zhang Li to dinner and tricked Zhang Li into her residence to rape. When Zhang Li took Liu to the bathroom, she called "110" and the police immediately arrested Liu after receiving the report.

Compensation for the chastity of victims of rape crimes has been confirmed by legislation and justice in Western countries. Article 847 of the German Civil Code states: "Women have the same right to claim felony or misdemeanor of unethical behavior, or fraud, threat or abuse of affiliation, which makes them commit to sexual intercourse outside marriage." (That is, the right to claim compensation). Jurisprudence in judicial practice is even more commonplace.

For example, the famous American boxer Tyson paid huge compensation for rape of a black lady. It has been widely spread by the news media. However, in China's current law, the provisions on compensation for virginity damage to victims of rape are basically blank.

In practice, if rape results in the victim's disability or death, perhaps the victim or his family may still receive limited compensation, and most of the victims who did not cause tangible damage can only dumb to eat Coptis chinensis.

Should China establish a compensation system for victims of rape crimes, and grant victims of rape crimes the right to claim damages for chastity? This is exactly the focus of the Zhang Li case controversy. ^[1]

The damage done to a victim by rape is huge and special. This kind of damage can be divided into two types: basic and subordinate. Basic harm comes directly from criminal acts, including direct and indirect harm.

The Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Compensation for Spiritual Damage in Civil Torts, released in February 2001, is a significant step forward in the legal protection of the right to personality in China, but unfortunately the right to virginity has been omitted.

The offender's compensation scope should include the following:

(1) Economic losses caused by the violation of the right to chastity. This kind of economic loss mainly includes medical expenses, abortion, fertility and nutrition costs, treatment of infectious diseases, etc. caused by rape, and other economic losses caused by rape;

(2) Compensation for damages to spiritual interests and suffering. At the same time, the defendant can also be ordered to bear non-property civil liability, such as restoring reputation, eliminating influence, and apologizing for commendations. ^[1]