Compensation of 696000! Judgment of the first instance of Jiang GE's mother v. Liu Xin
2022-01-10
On January 10, 2022, the people's Court of Chengyang District, Qingdao City, Shandong Province made a judgment of first instance on the dispute over the right to life between the plaintiff Jiang Qiulian and the defendant Liu Wenxi: the defendant Liu Wenxi shall 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. Sentencing scene. Photo provided by Qingdao Chengyang District People's court On November 3, 2016, Jiang Ge, Jiang Qiulian's only daughter, was killed by Liu Wenxi's ex boyfriend Chen Shifeng in Tokyo, Japan. Liu Wenxi was Jiang GE's hometown and friend when he studied in Japan. More than two months before the crime, Liu Wenxi asked Jiang Ge for help because Chen Shifeng didn't agree to break up with her. Jiang Ge agreed that she would live with herself. At about 15:00 on November 2, 2016, Chen Shifeng found Liu Wenxi's apartment with Jiang Ge, and came to the door to pester him. Liu Wenxi asked Jiang Ge for help. Jiang Ge proposes to call the police. Liu Wenxi dissuades him on the grounds that the shared apartment violates local laws and doesn't want to make things big, and asks Jiang Ge to come back and help clear the encirclement. 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 Wenxi and send threatening information to him. In order to get rid of her entanglement, Liu Wenxi asked her colleagues to act as her boyfriend. Chen Shifeng left angrily and sent a message to Liu Wenxi, saying "I will be desperate". During this period, Liu Wenxi did not inform Jiang ge of Chen Shifeng's entanglement and intimidation. At about 23:00 that night, Liu Wenxi felt afraid and asked Jiang Ge to wait for her to return to her apartment at the subway station through wechat. At about 0:00 on November 3, after the two met, a synchronous line returned to the apartment. The two entered the aisle 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 Wenxi, 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 Wenxi 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 Wenxi have disputes over the causes of Jiang GE's death. Liu Wenxi also made stimulating remarks to Jiang Qiulian through the Internet. Jiang Qiulian then filed a lawsuit with the court, requesting that Liu Wenxi 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. Sentencing scene. Photo provided by Qingdao Chengyang District People's court The court held that as Jiang GE's friend and rescued person, Liu Wenxi 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 Wenxi. Jiang Qiulian lost her beloved daughter, so she suffered great pain. Later, she worked hard to deal with the aftermath abroad. Liu Wenxi 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 Wenxi 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 Wenxi, 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. As Jiang GE's good friend and rescued person, Liu Wenxi not only did not feel grateful and gave compassion and comfort to the relatives of the deceased after the incident, 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. (outlook new era)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：people.cn
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