Quarreling with "angry people" may be held accountable, and serious cases may also violate the criminal law

2022-05-26

Quarrel "angry people" may be held responsible (according to the case) [case] one day, Zhang and Li had a violent dispute and pushed each other during playing cards. After persuasion, the two sides stopped arguing and went home. As soon as Zhang stepped into the door of his house, he fainted to the ground. Seeing this, his neighbor immediately called the emergency number and called the police, but Zhang died on the same day. After identification, Zhang died because "on the basis of coronary atherosclerotic heart disease and hypertensive heart disease, emotional excitement, vigorous exercise and other factors induced his acute attack of coronary heart disease and death of heart failure". Afterwards, Zhang's wife took Li to court and asked Li to compensate for death compensation, funeral expenses and identification fees. After hearing, the court held that there was a legal causal relationship between Li's quarrel and Zhang's death, and Li had a certain subjective fault. Zhang knows his own disease, but has a fierce quarrel and push with Li. He is also at fault for the occurrence of damage results, which can reduce Li's fault liability. Considering the fault degree of the dispute between the two sides, the cause of the disease and other factors, Li was finally awarded a total of 82583.4 yuan for death compensation, funeral expenses and appraisal fees. [statement] according to the judge, whether Li should be liable depends on whether he is at fault for Zhang's death and whether there is a legal causal relationship between Li's behavior and Zhang's death. According to the judge's analysis, Zhang is old and suffers from heart disease. Li may not know about his condition, but as an adult with general knowledge, Li should be able to foresee that quarreling behavior will increase Zhang's emotional excitement and induce other diseases to a considerable extent, and should also know that pushing and shoving behavior will directly cause a certain degree of damage to the other party's body. In the process of the incident, Li failed to fulfill the duty of care of ordinary people, and was negligent in the result of Zhang's disease attack and death, which was subjective. In addition, according to the forensic autopsy, the inducement of Zhang's sudden disease death is "emotional excitement, vigorous exercise and slight external force". He died of sudden disease in a very short time after the dispute. It can be confirmed that there is a legal causal relationship between Li's quarrel, pushing and shoving behavior and Zhang's death. Therefore, Li should bear the corresponding tort liability. The judge suggested that we should be kind to others in daily life. If we "die of anger" or "get sick of Qi" due to verbal conflict, we may bear corresponding responsibility in law. If the circumstances are serious, we may also violate the criminal law. (outlook new era)

Edit:sishi    Responsible editor:xingyong

Source:http://paper.people.com.cn/rmrb/html/2022-05/26/nbs.D110000renmrb_17.htm

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