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The driver surnamed Jiang negligently drove his car into a house, killing a man surnamed Yu. What kind of civil and criminal liability should he bear under the law?

Article 276 of the Criminal Law stipulates: “Anyone who causes death due to negligence shall be sentenced to fixed-term imprisonment of not more than two years, short-term detention, or a fine of not more than 2,000 yuan. A person engaged in business who commits the crime of the preceding paragraph due to negligence in business shall be sentenced to not more than five years. Fixed-term imprisonment or criminal detention may be combined with a fine of not more than three thousand yuan."

As for criminal liability, according to the above report, the driver surnamed Jiang may be guilty of negligent death if he speeds and hits a house, killing the man surnamed Yu. If the driver surnamed Jiang is driving a car as a profession, he may be liable for the crime of business negligence causing death. responsibility.

As for civil liability, Article 192, Paragraph 1 of the Civil Code stipulates: "If someone unlawfully infringes upon another person and causes the death of another person, the person who has incurred the expense of medical treatment and additional living necessities or funeral expenses shall also be liable for damages. The victim shall be liable to the third party." If there is a legal obligation to support, the offender shall also be liable for damages to the third party. " Therefore, the family members of the man named Yu can claim against the driver named Jiang for the medical expenses, additional living expenses and funeral expenses. The father, mother, son, daughter and spouse of the man surnamed Yu, or other relatives of the man surnamed Yu who have legal support obligations, may also request damages equivalent to the support costs from the driver surnamed Jiang.

In addition, Article 194 of the Civil Code stipulates: "The father, mother, son, daughter, and spouse of the victim who has unlawfully infringed upon another person and caused the death of another person may claim compensation for an appropriate amount even if the damage is not to property." Therefore, according to the above-mentioned article, I The father, mother, son, daughter, and spouse of the man named Jiang can all request non-pecuniary damages from the driver named Jiang, which is commonly known as "spiritual consolation payment."

As for the owner of the house hit by a vehicle, he may be liable for damages in accordance with the first paragraph of Article 184, Paragraph 1, of the Civil Code, "Anyone who unlawfully infringes upon the rights of others intentionally or negligently shall be liable for damages." and Article 213 of the Civil Code, "Those who are liable for damages. , unless otherwise provided by law or otherwise stipulated in the contract, the original position before the damage to the other party shall be restored. If money is due for restoration to the original position, the creditor may request interest from the time of the damage. Pay the necessary fees to restore the original state. "Article 215 of the Civil Code "If it is impossible to restore the original state or there are significant difficulties in restoring it, the damage shall be compensated in money.", requesting that the house surnamed Jiang be hit. The iron rolling door and other facilities should be restored to their original state, or the necessary fees for restoration to the original state should be paid, or the damage to this part should be compensated in money. In addition, the house owner may also choose to request compensation from the driver surnamed Jiang for the reduction in value of the house due to the damage, in accordance with Article 196 of the Civil Code, "If someone illegally damages another person's property, the victim may request compensation for the reduction in value of the property due to the damage." price.