Jiang GE's mother v. Liu Xin, the first instance judgment!
2022-01-10
This morning (January 10), Jiang GE's mother Jiang Qiulian v. Liu Xin's right to life, body and health was adjudicated in the first instance by the people's Court of Chengyang District, Qingdao City, Shandong Province. The court ruled that the defendant Liu mouxi should compensate the plaintiff Jiang Qiulian for various economic losses of 496000 yuan and spiritual damage consolation of 200000 yuan within 10 days from the date of entry into force of the judgment, and bear all case acceptance fees. Liu Xin has been renamed Liu mouxi. Jiang GE's mother sued Liu Xin for compensation for economic losses and spiritual damage On November 3, 2016, Jiang Ge, Jiang Qiulian's only daughter, was killed by Liu's ex boyfriend Chen Shifeng in Tokyo, Japan. Liu mouxi was Jiang GE's hometown and friend when he studied in Japan. More than two months before the crime, Liu Yixi asked Jiang Ge for help because Chen Shifeng didn't agree to break up with him. Jiang Ge agreed that she would live with herself. At about 15:00 on November 2, 2016, Chen Shifeng found the apartment where Liu mouxi lived with Jiang Ge and came to haunt her. Liu mouxi asked Jiang Ge for help. Jiang Ge proposed to call the police. Liu mouxi dissuaded him on the grounds that the shared apartment violated local laws and didn't want to make things big, and asked Jiang Ge to come back to help break the siege. Jiangge returns to the apartment to persuade Chen Shifeng to leave. After that, Jiang Ge returned to school, and Chen Shifeng continued to follow Liu and send threatening information to him. In order to get rid of her entanglement, Liu asked her colleagues to act as her boyfriend. Chen Shifeng left angrily and sent a message to Liu, saying "I will be desperate". Meanwhile, Liu Yixi did not inform Jiang ge of Chen Shifeng's entanglement and intimidation. At about 23:00 on the same day, Liu mouxi asked Jiang Ge to wait for her to return to the apartment at the subway station through wechat because she felt afraid. At about 0:00 on November 3, after the two met, a synchronous line returned to the apartment. They entered the corridor on the second floor of the apartment before and after. Chen Shifeng, who was ambushed upstairs in advance, rushed to the second floor with a knife and had an encounter and dispute with Jiang Ge who was walking behind. During this period, Liu Yixi, who was walking in front, opened the door, entered the room first and locked the door. Chen Shifeng stabbed Jiang Ge in the neck with a fruit knife outside the apartment, and then fled the scene. Liu mouxi called the police twice in the house. Jiang Ge lost too much blood due to left common carotid artery injury, and died after rescue. Since then, Jiang Qiulian and Liu mouxi have disputes over the causes of Jiang GE's death. Liu mouxi also made stimulating remarks to Jiang Qiulian through the Internet. Jiang Qiulian then filed a lawsuit to the court, requesting that Liu mouxi be ordered to compensate Jiang Qiulian for various economic losses and spiritual damages such as death compensation, funeral expenses, work delay expenses, transportation expenses, accommodation expenses and visa fees, totaling 2070609.33 yuan, and bear the litigation costs. The court ruled that Liu Xin should compensate Jiang mu for more than 690000 yuan and bear all case acceptance fees The court held that Liu mouxi, as Jiang GE's friend and rescued person, did not truthfully inform and remind Jiang ge of the danger of infringement introduced by him. In the face of the urgent danger of Chen Shifeng's illegal infringement, he was obviously at fault for ignoring the safety of others' lives for self-protection and blocking Jiang Ge from being killed outside his residence, It shall bear corresponding civil liability for compensation. Considering the course of the case, the degree of fault of the perpetrator, causality and other factors, the court supported the economic losses of 1240279 yuan claimed by Jiang Qiulian and 496000 yuan as appropriate. Other economic losses claimed by Jiang Qiulian will not be supported. In this case, Jiang Ge was killed in the process of rescuing Liu mouxi. Jiang Qiulian lost her beloved daughter, so she suffered great pain. Later, she worked hard to deal with the aftermath abroad. Liu mouxi made stimulating remarks after the incident, which further hurt Jiang Qiulian's emotion and should be liable for mental damage compensation according to law. According to the circumstances of the act, the degree of damage and social impact, the court ordered Liu mouxi to compensate Jiang Qiulian for mental damage by 200000 yuan. In its judgment, the Court pointed out that helping the needy is a traditional virtue of the Chinese nation, and honesty and friendliness is an important part of the core socialist values. Judicial adjudication should guard the social moral bottom line, carry forward virtue and righteousness, and guide the whole society to respect morality and good. Based on the basic principle of good faith in civil law and the principle of consistency of rights and obligations: in social communication, the person who introduces the risk of infringement and maintains the dangerous state has the obligation to take necessary and reasonable measures to prevent others from being damaged; In the case of forming a rescue relationship, the rescuer has reasonable trust in the rescued, and the rescued has a higher duty of care of honest disclosure and goodwill reminder to the rescuer. In this case, according to the existing evidence, Liu mouxi, as the rescued and the introducer of the risk of infringement, did not fully pay attention to the rescuer Jiang GE's obligations of attention and security, had an obvious fault, and should bear legal responsibility. It should be pointed out that as a female student studying in a foreign country, Jiang Ge helped her compatriots in trouble, gave sincere care and help, and lost her life due to illegal infringement. Her selfless act of helping others reflects the traditional beauty of the Chinese nation and is consistent with the core socialist values and public order and good customs, which should be praised, They should get legal relief if they are illegally infringed. Liu mouxi, as Jiang GE's friend and rescued person, after the incident, not only did not feel grateful and give compassion and comfort to the relatives of the deceased, but stimulated them with inappropriate words, which further aggravated the pain of others. His behavior is contrary to common sense and human feelings, which should be condemned. He should bear civil liability for compensation and bear all case acceptance fees. Accordingly, the court made the above judgment according to law. According to the provisions of the civil procedure law, if the party refuses to accept the judgment, he may submit a petition to the Chengyang District People's court within 15 days from the date of service of the judgment and appeal to the Qingdao intermediate people's Court of Shandong Province. (outlook new era)
Edit:Ming Wu Responsible editor:Haoxuan Qi
Source:CCTV NEWS
Special statement: if the pictures and texts reproduced or quoted on this site infringe your legitimate rights and interests, please contact this site, and this site will correct and delete them in time. For copyright issues and website cooperation, please contact through outlook new era email:lwxsd@liaowanghn.com