Khóa luận tốt nghiệp: Legal on compensation for damage to successful person in violations on human health, from practice test of people''s courts of Vinh city, Nghe An province

VIETNAM NATIONAL UNIVERSITY

SCHOOL OF LAW

- -

TRAN THI PHUONG THANH

LEGAL ON COMPENSATION FOR DAMAGE TO SUCCESSFUL PERSON IN VIOLATIONS ON HUMAN HEALTH, FROM PRACTICE TEST OF

PEOPLE'S COURTS OF VINH CITY, NGHE AN PROVINCE

KHOÁ LUẬN TỐT NGHIÊP ĐẠI HỌC

CHUYÊN NGÀNH LÝ LUẬN VÀ LỊCH SỬ NHÀ NƯỚC VÀ PHÁP LUẬT Hệ đào tạo: Chính quy

Khoá học: QH-2018-L

Hanoi - 2022

VIETNAM NATIONAL UNIVERSITY

SCHOOL OF LAW

- -

TRAN THI PHUONG THANH

LEGAL ON COMPENSATION FOR DAMAGE TO SUCCESSFUL PERSON IN VIOLATIONS ON HUMAN HEALTH, FROM PRACTICE TEST OF

PEOPLE'S COURTS OF VINH CITY, NGHE AN PROVINCE

KHOÁ LUẬN TỐT NGHIÊP ĐẠI HỌC

CHUYÊN NGÀNH LÝ LUẬN VÀ LỊCH SỬ NHÀ NƯỚC VÀ PHÁP LUẬT Hệ đào tạo: Chính quy

Khoá học: QH-2018-L

NGƯỜI HƯỚNG DẪN: PGS.TS Nguyễn Minh Tuấn

Hanoi - 2022

TABLE OF CONTENTS

INTRODUCTION 3

1 The reason for choosing the topic 3

2 Research status of the topic 4

3 Research purposes and tasks 6

4 Object and scope of research Research 7

5 Research method The 7

6 New contributions of the topic 8

2.1 Conditions affecting compensation for damage to victims in the trial of human

health infringement cases of the People's Court of Vinh city, Nghe An province 25

2.1.1 Socio-economic conditions in Vinh city, Nghe An province 25

2.1.2 Organizational structure of the people's court of Vinh city, Nghe An province 27 2.1.3 Crime situation infringing on human health in Vinh city, Nghe An province 28

2.2 The practice of compensation for damage to victims in the trial of cases of infringing upon human health of the People's Court of Vinh city, Nghe An province 30

2.3 Assessing the status of compensation for damage to victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province 37

2.3.1 Results of achieving compensation for victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province 37

2.3.2 Limitations and causes of limitation of compensation for victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province 39

Sub-conclusion of chapter 2 44

CHAPTER 3 45

POINTS AND SOLUTIONS TO GUARANTEE COMPENSATION FOR DAMAGES TO THE SUCCESSFUL PERSON IN THE TREATMENT OF HUMAN HEALTH VIOLENCE COURTS OF THE COURT OF VINH CITY, ART PROVINCE 45

3.1 Viewpoint on ensuring compensation for damage to victims in the trial of cases of infringing upon human health of the district-level People's Court 45

3.1.1 Ensuring the quality of trial and meeting the requirements of judicial reform, protecting human rights and citizens' rights 47

3.1.2 Ensure the correct implementation of the law, prevent injustice and wrong 48

3.1.3 Ensuring the rigor of justice, in accordance with principles 49

3.1.4 Contributing to ensuring security, politics and social safety 50

3.2 Solutions to ensure compensation for damage to victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province 50

INTRODUCTION 1 The reason for choosing the topic

Human health is infinite Importantly, it is not only the precious capital of each person, but also the precious capital of relatives, the community and the society Because the relationship of people with people in society is a relationship of binding, influence, and interrelationship Infringing on human health is not simply causing damage to that person, but it also entails many consequences behind A damaged person causes negative physical and mental impacts on relatives and family members of the victim, not only that, but it can also cause bad impacts on society

Compromise damages are a specific type of tort that is commonly encountered When the health is violated, the person who violates the health of others will have to compensate for the damage However, there are a number of provisions that are no longer suitable with reality and thereby cause many difficulties for the application of the law by the proceeding agencies, including related to the settlement and adjudication of criminal cases Court The legal regulations have made many fundamental changes related to the regulation of compensation for non-contractual damages, overcoming a number of limitations and inadequacies arising in social life

However, through the practical application of the law in the past time, there are still different understandings of some provisions of the law leading to inconsistency in the application of the law, what is the actual and fundamental damage The basis for determining the actual damage is based on what criteria, it is difficult to determine and convert into economic value, besides there are arising problems such as: determining the error of compensation for damage caused by many people, compensation Usually

damage caused by animals The practice of solving various types of cases related to compensation for damage caused by infringing health at Vinh City People's Court in recent years has been relatively numerous, for example in 2019: 17 cases; 2020: 19 cases; 2021: 14 cases, in the process of settlement, the Court has applied the provisions of the Civil Code to conciliate or adjudicate, but there are still some difficulties and limitations from the legal side, the aggrieved side, and the side the person causing damage and from the Court in the application of the law affecting the quality of settlement of all kinds of cases and matters related to compensation for damage caused by infringing health

Stemming from the above situation, I would like to choose the topic

"Compensation for damage to victims in cases of infringing on human health,

from the practice of the People's Court of Vinh city, Nghe An province"

Graduate thesis majoring in Theory and History of State and Law

2 Research status of the topic

Up to now, compensation for non-contractual damages in general and compensation for infringing health in particular have been published and implemented in the form of a good thesis by many research works articles published in scientific journals and newspapers such as: Master's thesis of

Nguyen Minh Chau,"Compensation for damage in case of infringing life and

health, some theoretical and practical issues"; Master's thesis by Nguyen

Quynh Anh (2011), "Compensation for extra-contractual damage caused by

illegal acts under the Civil Code 2005", Vietnam National University, Hanoi;

Master's thesis in Law by Dao Thao Ly,"Compensation for damage caused by

acts of others according to Vietnamese law"; Master's thesis by Pham Thi

Huong (2014), "Compensation for damage caused by infringing on life and

health according to Vietnamese law", Vietnam National University, Hanoi

Articles published in scientific journals:

Pham Van Bang (2014), "Institutions of compensation for non-contractual

damages, issues raised when amending the Civil Code in 2005", Democracy

and Law magazine ( 4); Mr Ngo Thu Trang (2019), " Problems in the

application of the law on compensation for non-contractual damages”,

People's Court magazine; Doan Thi Ngoc Hai (2019), "Compensation for

non-contractual damage caused by official duty performers according to the

provisions of civil law", People's Court magazine; Nguyen Van Hoi (2011),

"Limits and inadequacies in determining health damage are violated

according to the provisions of current Vietnamese civil law", People's Court

magazine (No 14)

The above works and articles have raised and analyzed the general issues of compensation for non-contractual damages as well as the issue of compensation for damage caused by infringing health in accordance with the law and other documents relevant version Contributing a lot in applying the provisions of the law to solve the cases, the compensation for damage caused by the health has been violated so far

However, in practice, in the settlement of compensation for damage caused by infringing health, there are still difficulties and obstacles leading to inconsistent application of the law, and the legal rights of the victims have not been resolved in time Timely, thoroughly, not fully clarifying the responsibility of the person to be compensated according to regulations

Therefore, the topic "Compensation for damage to victims in cases of

infringing upon human health, from the trial practice of the People's Court of Vinh city, Nghe An province" aims to study compensation for damage caused

by human health Health is violated in practice, with the provisions of the law, giving practical solutions, contributing to the protection of legitimate rights and interests in cases and violations of human health Besides, I always have a sense of learning, inheriting results from theses, scientific works as well as practical experiences related to the research topic

3 Research purposes and tasks

- Research purpose

Clarifies theoretical issues and provisions of current law with the application and application of the law in practice on compensation for damage to victims Infringement cases on human health were settled at the People's Court of Vinh City Contributing to the settlement and adjudication of cases on compensation for damage caused by infringing health, which are getting better and better

+ Research on problems and inadequacies in the process of settling civil dispute cases, civil compensation in criminal cases on compensation for damage caused by infringing health of the City People's Court Vinh

+ Proposing solutions to contribute to perfecting the law, improving the efficiency in solving cases requiring compensation for damage caused by infringing health at the city-level People's Court

4 Object and scope of research Research

object:

Compensation for damage to victims in cases of infringing upon human health, from the practice of the People's Court of Vinh city, Nghe An province

Research scope:

- Spatial scope: Research on the practice of settling, adjudicating, and applying the provisions of the law on compensation for damage caused by infringing health at the People's Court of Vinh city, Nghe An province

- Scope of time: Data and documents are collected from the acceptance book, settlement results, judgments and decisions of the cases from 2015 to 2019, from which recommendations can be made , solutions to solve problems when settling cases on compensation for damage caused by infringing health

5 Research method The

thesis is researched based on the dialectical materialism and historical materialism of Marxist-Leninist philosophy and Ho Chi Minh's thought At the same time, the following specific methods are used:

- Method of synthesis and analysis, in chapters 1, 2, 3

- Method of document and data statistics in chapters 1 and 2

- Method of comparison, comparison in chapter 2

- Methods of proof to clarify issues to be studied in chapter 2 - Methods of practical survey in court sessions in chapter 2

6 New contributions of the topic

- Firstly: The thesis has analyzed and clarified the theoretical issues, the legal provisions on compensation for damage to victims in cases of infringing human health

- Second: The thesis systematically calculates the number of cases and matters related to compensation for damage caused by infringing health that have been resolved in the past time, from which to evaluate the actual status of human health violations in Vinh city

- Third: Survey the reality of acceptance, time limit for settlement, participate in mediation sessions, participate in court sessions, study the application of law in settling specific cases of compensation for damage due to infringing health, to point out the obstacles and difficulties in the process of resolving these types of cases at the People's Court of Vinh City

- Fourth: Through assessing the current situation of settlement and adjudication of compensation for damage caused by health damage at the People's Court of Vinh City, the thesis makes a number of recommendations and solutions to overcome this problem a number of difficulties and limitations while contributing to improving the efficiency of settlement and adjudication of cases of compensation for damage caused by infringing health

In addition, the thesis can be used as a reference for the agencies conducting proceedings in the settlement of cases and matters related to compensation for damage caused by infringing health

7 Thesis structure

In addition to the introduction, conclusion and list of references, the

content of the thesis consists of 3 chapters:

Chapter 1: Theory of compensation for damage to victims in infringement

cases human health

Chapter 2: Actual situation of compensation for damage to victims in the

trial of cases of infringing upon human health People's Court of Vinh city,

Nghe An province

Chapter 3: Perspectives and solutions to determine compensation for

damage to victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province

Non-contractual damages are a type of legal performance, making compensation for compromised health arise when the conditions prescribed by law are satisfied Compensation for damage caused by infringing upon human health has the general characteristics of non-contractual damages unless otherwise provided for by law The law does not specifically stipulate the basis for arising compensation for damage caused by the infringing health, but only stipulates the basis for arising out-of-contract compensation

Compensation for non-contractual damage is a type of legal liability, a coercive measure of the State under which the damage-causing person must compensate for the damage caused by his/her act when that act is performed at fault intentionally or unintentionally infringing upon property, health, life,

honor, dignity, reputation and other moral rights of individuals, property, honor and reputation of legal entities or subjects other

Acts of infringing upon health are illegal acts, except in exceptional cases as prescribed by law Compensation for damages arises when a person commits an act that infringes on the health of another, has damage in fact, there is a causal relationship between the act and the damage This behavior is illegal The person who commits the act knows that it is an act that is contrary to the provisions of the law, dangerous to people around, and infringes on social relationships protected by the state, but still intentionally performs it

From there, it is possible to generalize the concept of compensation for damage to victims in cases of infringing human health, which is to compensate for the damage of the person whose act infringes on the health of others, leaving a negative impact on the health of others bad for the person's health

Compensation for damage to victims in cases of infringing upon human health has the following characteristics:

- Persons who cause damage to the health of others must compensate for both material and spiritual losses Unlike other damages, the person causing the damage is only compensated for material damage, while for the compensation for damage caused by the infringed health, the aggrieved party

is compensated for both the material value and the damage mental loss

- The law also stipulates that a person who does not commit acts of infringing upon the health of others, but still has to pay compensation, in case property causes damage, the owner or possessor of the property must pay compensation, for example, the compensation for damage caused by a source of extreme danger according to the provisions of Article 601 of the Civil

Code 2015

- Damage-causing persons are not required to pay compensation in case the damage is caused by force majeure events or entirely due to force majeure events fault of the aggrieved party, for example, the victim intentionally jumped into a car to commit suicide But in cases where there is agreement or other regulations, compensation will still arise, for example: regulations of competent state agencies on management of sources of extreme danger in the rainy and stormy season

1.1.2 The meaning of compensation for damage to victims in cases of infringing upon human health

The obligation to compensate for damage is a type of civil relationship in which the person infringing upon the life, health, honor, If the dignity, reputation, property, legitimate rights and interests of others cause damage, they must compensate for the damage they cause

Compensation for damage caused by infringing health is prescribed in the current legal system, meaning for the protection of the life and health of individuals that cannot be infringed At the same time, educate the sense of law observance, respect for the legitimate rights and interests of other subjects; prevent other violations

Compensation for damage to victims in cases of infringing on health is to ensure compensation for damage caused, and to protect the legitimate rights and interests of victims

The general principle of the law is that a person who causes an act of causing damage, contrary to the law, must bear the consequences, that is, to pay compensation for the damage caused by his/her act, contributing to ensuring social justice

Through the regulation of compensation for health damage along with its application to settle related disputes, this regulation also has the meaning of

deterring, educating and preventing violations of the law, causing damage From there, other people can see the consequences if they have harmful behavior Besides, it is also meaningful in propagating and educating the law through strict sanctions, raising people's legal consciousness

1.2 Principles, contents and forms of compensation for damage to victims in cases of infringing upon human health

1.2.1 Principles of compensation for damage to victims in cases of infringing on human health

Compensation for damage caused by harmed health is specified in chapter XX "Compensation for damage outside the contract" of the 2015 Civil Code civil action due to the act causing damage arising between the subjects The party committing illegal acts must compensate the aggrieved party The ground giving rise to a civil obligation is "causing damage due to illegal acts" performed is understood as the duty and obligation of the damage-causing party to compensate the aggrieved party Accordingly, the basis for arising damages is the legal basis on which the Court can determine compensation for damage

Principles of compensation for damage, Article 585 of the 2015 Civil Code stipulates:

1 Actual damage must be fully and promptly compensated The parties may agree on the level of compensation, the form of compensation in cash, in kind or performance of a job, the compensation method once or many times, unless otherwise provided for by law

2 Persons subject to compensation for damage may be entitled to a reduction in compensation if there is no fault or unintentional fault and the damage is too great for their economic ability

3 When the compensation level is no longer consistent with reality, the aggrieved party or the damage-causing party has the right to request a court or other competent state agency to change the compensation level

4 When the aggrieved party is at fault in causing damage, it is not entitled to compensation for the part of the damage caused by its fault

5 The party whose rights and interests are infringed shall not be compensated if the damage occurs due to the failure to apply necessary and reasonable measures to prevent or limit the damage to itself

The contents of the provisions have the above principles, which can be understood:

- The actual damage must be fully and timely compensated:

When the incident occurs, the parties can agree on the level of compensation and the form of compensation usually in money, in kind or performing a job, the compensation method is one-time or many times, unless otherwise provided for by law In case of lawsuit settlement, the Court must respect the agreement of the parties on the level of compensation, the form of compensation and the mode of compensation, if such agreement is not contrary to law or social ethics In case the parties cannot reach an agreement, when settling a dispute over compensation for damage upon request or necessity, the Court shall apply provisional urgent measures as prescribed in Chapter VIII of the provisional emergency measures time, is specified in Clause 3, Article 114 of the 2015 Civil Procedure Code "Forcing the pre-performance of part of the obligation to compensate for damage caused by life or health being infringed"

- Persons subject to compensation for damage may be entitled to a reduction in compensation if there is no fault or unintentional fault and the damage is too great compared to their economic ability:

The damage occurred is too great compared to the previous economic possibility the eyes and the long term of the person causing the damage, that is, the damage occurs for which they have made compensation, for which their immediate economic situation as well as in the long run cannot be fully compensated or most of the damage

- When the compensation level is no longer consistent with reality, the aggrieved party or the damage-causing party has the right to request a court or other competent state agency to change the compensation level

Due to a change in the socio-economic situation, a fluctuation in prices, the compensation being paid is no longer appropriate in that condition or due to a change in the status of injury, disability, or disability labor of the aggrieved person, so the level of compensation for damage is no longer suitable for that change, or because there is a change in the economic ability of the person causing the damage, the person whose health is violated can claim to match reality For example, the moment the damage occurs requires prosthetics, dentures By the time I went to work, the price of dentures and dentures had increased a lot compared to the previous time

- When the aggrieved party is at fault in causing damage, it is not entitled to compensation for the damage caused by its fault:

With fair argument, no matter how much damage is caused, compensation will be paid, but in many cases the aggrieved party is at fault for causing the damage, for example: a person intentionally rushes into a car to commit suicide

The damage is partly caused by the damage sufferer, and partly due to the fault of the person causing the damage, so the damage sufferer is still compensated for the part of the damage that is not due to his fault It is not easy to determine the degree of fault of the person causing the damage in the

practice of judgment settlement, especially the division of the percentage of damage that occurs in the cases of "mixed fault"

- The party whose rights and interests are infringed shall not be compensated if the damage occurs due to the failure to apply necessary and reasonable measures to prevent or limit the damage to itself For example: a person injured in a motorcycle accident, although the wound is light, does not wear a bandage, does not disinfect, leading to a serious infection

1.2.2 Contents of compensation for damage to victims in cases of infringing upon human health

Article 590 of the 2015 Civil Code stipulates that damage caused by infringing health is as follows:

1 Damage caused by infringing health includes:

a) Reasonable expenses for the treatment, fostering and rehabilitation of the aggrieved person's health and lost or reduced functions;

b) The actual lost or reduced income of the aggrieved person; if the actual income of the aggrieved person is unstable and cannot be determined, the average income of the same type of worker shall apply;

c) Reasonable expenses and actual lost income of the carer of the damage sufferer during the treatment period; if the aggrieved person loses his working capacity and needs someone to take care of him regularly, the damage includes reasonable expenses for taking care of the aggrieved person;

d) Other damage prescribed by law

2 The person who bears compensation in case the health of another person is violated must pay compensation for damage as prescribed in Clause 1 of this Article and another sum of money to make up for the mental loss suffered by that person The level of compensation for mental loss shall be

agreed upon by the parties; if no agreement can be reached, the maximum level for a person whose health is infringed shall not exceed fifty times the base salary prescribed by the State

When a person's health is violated, damage is determined to include material damage and mental loss

Physical damage is actual damage that can be specifically calculated using units of measurement Physical damage includes types of damage specified in units of measurement Material damage includes the types of damage specified in Clause 1, Article 590 of the Civil Code 2015 Only actual damage is compensated, so when claiming for damage, the damage sufferer must give produce evidence to prove the actual damage has been incurred such as: Emergency expenses, treatment expenses including rent of vehicles to go to emergency at medical facilities, money for drugs and money to buy medical equipment, costs of screening, x-ray, tomography, ultrasound, testing, surgery, blood transfusion, physical therapy as prescribed by the doctor, hospital fees, money to buy supplements, protein, allowances health rehabilitation as prescribed by a doctor, expenses for fitting prosthetics, prostheses, artificial eyes, buying wheelchairs, crutches, cosmetic corrections to support or replace a part of body functions (if yes); other actual and necessary expenses for the victim (if any)

- Compensation for the aggrieved person's income: actual lost income, reduced real income

The damage to the victim's health has resulted in the loss of the income he or she would have received if the damaging event had not occurred

- Compensation for the carer of the aggrieved person: this is the damage arising indirectly from the event causing the damage, reasonable expenses

include train, car, rental accommodation for the carer, income the caregiver's lost reality

- Long-term compensation and support compensation in case the aggrieved person loses working capacity: Reasonable monthly expenses for nurturing, regular and periodic treatment expenses, reasonable expenses for people who regularly take care of, and alimony for the people whom the victims are providing support

- Compensation for mental loss: An amount to compensate for the mental loss suffered by the victim This is a type of damage that cannot be specifically determined by units of measurement, so it will be difficult to determine Mental damage is large or small, sometimes regardless of how much physical damage is, how big or small the damage to health is It is possible that the person who suffers from health damage suffers very little health damage but has to suffer great mental harm This type of damage is usually determined by agreement of the parties, if the parties cannot reach an agreement, the Court shall decide but not exceeding fifty times the base salary prescribed by the State

1.2.3 Forms of compensation for victims in cases of infringing upon human health

The form of compensation for damage caused by an infringing health is the method of performing the obligations of the damage-causing party to the aggrieved party, the form of compensation is mutually agreed upon by the parties (but must not violate the prohibition of law) by law, not contrary to social morality) or as prescribed by law

For damages caused by infringing health, the form of compensation that the Court usually applies is monetary compensation Reasonable expenses incurred by the aggrieved person and the person taking care of the aggrieved

person will be calculated into a specific amount The parties can agree on a one-time payment method or many times depending on specific conditions and circumstances

When the court's decision has taken legal effect, if the judgment debtor has not yet fully executed the amount of money that must be compensated for the judgment debtor, he/she must also bear monthly interest on the unenforced amount according to the interest rate on overdue debt announced by the State Bank corresponding to the unenforced time When settling civil, marriage and family cases, to ensure the interests of the judgment creditor, together with deciding the amount of money that the property obligor must pay to the judgment creditor , the Court must decide in the judgment or decision from the date of filing a petition for judgment enforcement (for amounts payable to the judgment creditor) until the execution of all sums of money, monthly, the judgment debtor must also bear interest on the remaining amount of the judgment debt at the interest rate agreed upon by the two parties but must not exceed 20% per year, if there is no agreement, the interest rate 10% of the year corresponds to the execution time If the party to pay compensation for damage is late in paying, the person who is compensated for damage due to his/her health will be guaranteed his/her legal rights

In case the aggrieved person completely loses his/her working capacity, the aggrieved person is entitled to compensation from the time of complete loss of working capacity until his/her death, unless otherwise agreed

For the amount of alimony that the damage-causing person is obliged to pay due to the infringed health due to the infringed health, the Court usually applies as a one-time compensation, for the cases of infringing life then compensate monthly until it is done in accordance with the provisions of the law The alimony for the person for whom the damage sufferer is obliged to

support must be made monthly; for lost or reduced incomes for carers of the completely incapacitated aggrieved persons are also entitled to monthly compensation

1.3 Claim compensation for victims in cases of infringing on human health

1.3.1 Legal requirements

Compensation for non-contractual damage in general, compensation for damage caused by compromised health in particular is one of the common types of civil disputes Currently, the regulations on compensation for damage to victims when their health is violated are stipulated in the Civil Code 2015, the 2015 Penal Code and a number of relevant legal documents, which are basically adequate, so that agencies procedure-conducting agency, in which the Court plays the role of the adjudicating body applied when settling disputes quite comprehensively and thoroughly, ensuring the legitimate rights and interests of the involved parties

In practice, when dealing with a claim for damages due to compromised health, there are still many disagreements when applying the settlement, that is, new regulations, general regulations but also many different interpretations, for example:

- Regulations on compensation for damage caused by houses and other construction works when the builder is at fault and must jointly compensate for damage caused by many people, which is determined corresponding to the fault level of the contractor each person To determine the "error" in these

cases when there are no documents to guide the specific cases is a difficult issue, there are many disagreements with each other

The requirement to determine compensation for damage to victims in cases of infringing upon human health is relatively fully regulated by law, most clearly shown in the 2015 Civil Code (amended) However, because some regulations are still general, some new regulations lead to difficulties in the application of the law in the field of compensation for damage caused by infringing health, while the guidance on the application The law of the competent authority has not yet been timely In order to put into practice and concretize claims for compensation for damage caused by compromised health, the guidance of Resolution 03/2006/NQ-HDTP dated July 8, 2006 of the Appraisal Council is still being applied Judge of the Supreme People's Court (This Resolution provides guidance on compensation for non-contractual damages of the 2005 Civil Code)

Therefore, the legal requirement for compensation for damage caused by health damage now, as well as in the future, needs to be regulated by competent authorities, the Council of Judges of the Court The Supreme People's People's Supreme People will promptly and specifically guide the provisions of Chapter XX of the 2015 Civil Code, only then will we be able to protect the legitimate interests of the victims, as well as perform the obligations for individuals , the legal entity has to make compensation

1.3.2 Socio-economic requirements

Cases and claims for damages due to infringing health always occur in social life, greatly affecting human health, potentially causing disputes in social life that otherwise would not have occurred timely and satisfactory settlement will arise other more complicated problems, greatly affecting

social order and safety, requiring competent agencies and local authorities to apply the provisions of law laws, customs and practices similar to the law in order to promptly settle cases and ensure the legitimate interests of the victims, and at the same time, to force the action to be taken by the person causing the damage in accordance with the provisions of law law

The socio-economic requirement is that the legal system always promptly supplements and adjusts newly arising relationships to keep up with the movement and development of society, and human-to-human relationships In the era of strong development of science and information technology, there were changes different from the previous traditional relationship, when the incident happened, there was a timely voice of the social community by means of telecommunications, websites and social media social network, personal But on the contrary, there is also a potential risk of infringing on human health, for example, means of transport, the development of the transport system leads to an increasing number of traffic accidents every year, which is difficult to control Poor safety at work in construction sites and factories often occurs In the field of false advertising of products, especially advertising of medicines, food affects human health

In addition to the above effects, the market economy also has many other effects such as the profound disparity between rich and poor, causing new conflicts to arise in society, and easily giving rise to crimes and evils society, potentially endangering human rights Therefore, it is required that the Party and State take timely leadership on economic development guidelines and policies, but must be associated with ensuring the safety of human life and health

On the other hand, when the social economy is developed, the human relationships have changed differently from the traditional relationship before In the era of strong development of science and information technology, when the incident happened, there were mechanisms to protect and timely speak up of the social community by means of telecommunications, social networking sites, and individuals In fact, through social networking sites, cases of infringing human health are detected and handled promptly

human-to-Sub-conclusion of chapter 1

From the study of the theory of compensation for damage and the principles, content, form, and requirements for determining compensation for damage to victims in cases of infringing upon human health, it is possible to understand more comprehensively and fully than the provisions of the current law for crimes infringing on health and compensation for damage to victims The provisions of the law have basically met the requirements of reality, realizing the protection of human rights, in which the right to life, the right to safety in life, health and body

However, the application of the law into practice is still limited for many reasons, the regulations are still general, and some new regulations have not been guided in a timely manner In addition, the results of the settlement of competent agencies, including the Court, still face many difficulties and problems leading to the compensation of damage to victims in cases of infringing upon human health that has not yet been answered fully applicable in practice To be able to see how the process of applying for the settlement in the locality takes place, I would like to analyze and evaluate the situation at the People's Court of Vinh city, Nghe An province

CHAPTER 2

SITUATION OF COMPENSATION FOR DAMAGE TO THE SUCCESSFUL PERSON IN THE TREATMENT OF CASE INFRINGING ON HUMAN HEALTH OF THE PEOPLE'S

COURT OF VINH CITY, ANH AN PROVINCE

2.1 Conditions affecting compensation for damage to victims in the trial of human health infringement cases of the People's Court of Vinh city, Nghe An province

2.1.1 Socio-economic conditions in Vinh city, Nghe An province

In the report on the results of socio-economic development in the period 2011 - 2020 and the 5-year socio-economic development plan (2021 - 2025), orientation to 2030 of the People's Committee of Vinh city has summarized the socio-economic situation of Vinh city, specifically as follows:

Vinh city is 295 km north of Hanoi, 16 km northeast of Cua Lo town, 1,424 km south of Ho Chi Minh City, 456 km west of Vientiane (Laos)

The city is located in the southeast of the province next to the Lam River, and is located on the main North-South traffic axis of Vietnam Vinh is the most populous city in the North Central region with more than 490,000 inhabitants (as of 2015) The city is adjacent to Nghi Loc district to the north and east, Hung Nguyen district to the west and northwest, as well as Nghi Xuan district and Ha Tinh province to the south Vinh is located 300 km south of Hanoi and 1,400 km north of Ho Chi Minh City

Vinh city has an area of 104.5 km², population in 2018 is 545,180 people (converted population) In which, urban residents account for 80% About 4% of the population is Christian

According to 2019 statistics, Vinh city has an area of 105 km², a population of 339,114 people, a population density of 3,230 people/km² The urban population is 230,439 people, accounting for 68% and the rural population is 108,675 people, accounting for 32%

The residential community with its traditions, production experience and essence has been summed up, bringing together the beautiful quintessence of many classes of workers who used to be workers, farmers, scientists, Soldiers participate in economic construction, a resource that plays a very important role in the development of the city

- Labor: the whole city has 218,106 laborers in age (accounting for 63.41% of the general population), of which the main labor force is 198,526 people

- Culture: The cultural life at the grassroots level has always been paid attention, invested in construction and development in the right direction, made many progress, soon absorbed and approached new cultures, contributing to socio-economic development festival The spiritual life of the people has been gradually improved and enhanced Facilities have been invested in construction, cultural, artistic and sports movements have flourished, the conservation of cultural heritages has been paid attention, and the promotion of cultural values has been focused The rate of cultural families in 2019 reached 83%, the rate of wards and communes with cultural institutions meeting national standards in 2021 was only 88%

- Health: the city has 5 large hospitals, basic investment facilities and more than 5000 beds

- Education: There are 120 schools in the district In which: 25 Kindergartens (there are 16 private preschools); 25 Primary Schools; 25 secondary schools; 5 high schools; 1 Center for Vocational Education -

Continuing Education; and 23 Colleges and Universities (of which 7 Universities and 16 Colleges) Up to now, there are 109 schools meeting national standards

- Sports: sports facilities are always consolidated: 25/25 wards and communes have sports fields Especially, there is Vinh Stadium to organize big sports events The mass physical training and sports movement has developed quite strongly

- Security and national defense: the security and order situation in the area is maintained, social order and safety are ensured, and the movement of the entire people to protect national security is supported by a large number of people family

The economic and cultural life of the people in the city is almost stable and greatly improved, only a few poor and near-poor households still have a low standard of living, limited educational attainment and unemployment

Economic growth is growing in proportion to the city's potential, advantages, opportunities and development requirements The economic development evenly across all fields and with few presences is still unsustainable, the poor household economy has not made a breakthrough and develops firmly, the life of a part of the people is still relatively difficult The transportation system, schools, health care, culture and society have developed tremendously Developed and built by economic investors

2.1.2 Organizational structure of the people's court of Vinh city, Nghe An province

The 2013 Constitution stipulates the position and functions of the People's Court as follows:

The People's Court is the judicial organ of the Socialist Republic of Vietnam, exercising judicial power The People's Court consists of the Supreme People's Court and other courts prescribed by law The People's Courts have the duty to protect justice, human rights, citizens' rights, the socialist regime, the interests of the State, the legitimate rights and interests of organizations, the core

Courts have the duty to adjudicate criminal, civil, marriage, family, labor, economic and administrative cases and settle other matters in accordance with law to protect human rights and citizens' rights , protect the socialist regime and the people's mastery, protect the property of the State and the collective, protect the lives, property, freedom, honor and dignity of citizens

People's Courts of districts, towns, provincial cities and the equivalent (hereinafter referred to as city-level People's Courts) are defined in Article 44 of the Law on Organization of Courts 2014, City-level People's Courts has the following tasks and powers: first-instance case according to the provisions of law; settle other matters as prescribed by law

The People's Court of Vinh City is organized according to the Law on Organization of the People's Courts 2014

Functions and duties of the People's Court of Vinh City:

- Courts to hear criminal and civil cases (including civil disputes, marriage and family, business, commercial, labor), administrative cases

- Courts deal with civil matters (including civil claims, marriage and family claims, business and commercial requests, labor claims) The court

shall handle other matters as prescribed by law.2.1.3 Crime situation

infringing on human health in Vinh city, Nghe An province

In recent years, the situation of crimes and acts of infringing upon the life, health, honor and dignity of people in Vinh city has tended to increase in

terms of the number of cases, the subjects involved implementation and the nature and extent of the act that is dangerous to society, many of the subjects of the violation are minors

The number of types of cases the People's Court of Vinh City accepts and handles on average about 400 cases each year (of which about 70 criminal cases account for 17.5%; 40 civil cases account for the proportion 10%; 20 business and commercial cases accounting for 5%; 5 labor cases accounting for 1.25%; 265 marriage and family cases accounting for 66.25%)

+ Criminal: On average, the People's Court of Vinh city handles about 70 cases of all kinds every year, in which the group of crimes infringing on human health is about 10 cases, including crimes against human health : Intentionally causing injury (Article 134); Violations against regulations on participating in road traffic (Article 260); Rape (Article 14); Obscenity against a person under 16 years of age (Article 146); Intentionally causing injury or harm to the health of another person in a state of intense agitation (Article 135); Intentionally causing injury or harm to the health of others by exceeding the limits of legitimate defense (Article 136); Intentionally causing injury or harm to the health of others (Article 138)

+ About Civil:

On average, every year, about 40 civil litigation cases are handled, related to the claim dispute due to compromised health (due to lack of conditions for criminal prosecution) about 5-6 cases

On average, every year, cases related to infringing on human health range from 15 to 16 cases

2.2 The practice of compensation for damage to victims in the trial of cases of infringing upon human health of the People's Court of Vinh city, Nghe An province

The practice of solving cases claiming compensation for damage due to damaged health in recent times at the People's Court of Vinh City has achieved the following results:

One is about the time limit for proceedings:

- Criminal cases about groups of crimes infringing upon human health, civil cases requiring compensation for damage caused by infringing health are all settled in a timely manner, within the time limit prescribed by law on procedures

- Procedures for filing lawsuits, providing evidence, and collecting documents are all carried out according to administrative and judicial reform procedures, with the guidance of Court officials Cases of victims who are under 16 years old, pregnant women, the elderly, ethnic minorities, incapacitated people, etc all involve legal aid and legal aid attorney as the defender of the interests of the litigants

Two is about content:

- The People's Court of Vinh City has flexibly applied the provisions of the law, in which applying the principle of compensation for damage according to Article 585 of the Civil Code 2015 stipulating that actual damage must be compensated in full and in a timely manner , the parties' agreement on the level of compensation is encouraged by the Court

For example: 1, Judgment No 59/2020/HSST dated 30/11/2020 for the crime of “Intentionally causing injury” against defendants D.V Quyet, NHHoa, VVDai, V.D.Hoang ; The victim is N.D Truong with a body injury rate of 13% Before the trial, the Court held a conciliation before the civil

compensation, after being analyzed by the Judge the provisions of the law and the cause of the injury, the two parties reached an agreement on the full amount of compensation The set of prescribed expenses is VND 30,000,000 Directly received 13,000,000 VND, the remaining 17,000,000 VND the defendants paid at Vinh City's Judgment Execution Sub-Department

Pursuant to the provisions of the law, the Court decided to impose a penalty of 9 months in prison for D.V Quy, 8 months for NHHoa, but for a suspended sentence of 16 months of probation, and for V.Đ Dai for 8 months in prison received a suspended sentence of 16 months probation, V.Đ.Hoang was sentenced to 6 months in prison, but was given a suspended sentence of 12 months of probation

- The case when the aggrieved party is also at fault for causing the damage, has been assessed by the Court for the objective fault, and resolved in a reasonable manner

For example: Judgment No 30/2021/HSST dated May 29, 2021 for the crime of “Intentionally causing injury” to defendant NQTung; P.D Quan's victim had a body injury rate of 47% In the case, the victim P.D Quan was also guilty of stepping on Tung's back with his right foot, causing Tung to fall to the ground, which was the initial cause of the conflict between the two sides leading to a fight Before the trial, the Court held conciliation, clarified the cause of the scuffle, assessed the damage, and clarified the original fault of the victim After analysis and conciliation, the victim and the defendant agreed to compensate for the total loss of 30,000,000 VND

Pursuant to the provisions of the law, the Court decided to impose a prison sentence of 3 years for NQTung

Three is about the quality of the resolution: