Several people were swimming together in the Yuanjiang River, and one of the minors unfortunately drowned. The family members of the deceased sued the Changde China Changde Poetry Wall Management Office (hereinafter referred to as the Poetry Wall Management Office) to the court for more than 580000 yuan. The people's Court of Wuling District, Changde City, Hunan Province concluded the case of dispute over the right to life caused by the minor drowning when swimming in the river, and the court rejected the plaintiff's claim. Recently, the second instance of Changde intermediate people's Court upheld the original judgment. On the afternoon of June 15, 2021, a minor Yang and his classmates Wang and Zhou were invited to Changde Shiqiang park. At about 4 p.m., three people swam in the Yuan river section where the park is located. During the swimming process, Yang drowned. After Yang's parents reached a mediation agreement with Wang's and Zhou's parents, they believed that the Shiqiang management office, as the management of the park, had failed to fulfill its safety assurance obligations and should be liable for compensation for his son's drowning. Because the negotiation failed to reach an agreement, Yang's parents took the Poetry Wall management office to court. After hearing, the court held that the Yuanjiang River where Yang drowned was a naturally formed River, and the Shiqiang management office did not have the right to operate and manage the river, and the management responsibility and scope of the Shiqiang management office did not include the management of the river, only "Be responsible for the security of Shiqiang Park and the maintenance and management of public facilities, fitness equipment and public toilets, as well as the patrol, supervision and management of public order and business order of the park; be responsible for the sanitary cleaning and cleaning of the sites, greenbelts, river slopes and waters within 50 meters of the North Bank of the Yuanjiang River under the jurisdiction of Shiqiang park; be responsible for the daily maintenance and management of greening and flowering of Shiqiang Park, as well as the drought resistance and moisture retention of greenbelts, the washing of front and rear berms and corridors, and the dust removal and post flood cleaning of the park Dredging and other work ". There is no obligation to ensure the safety of swimmers who swim in the river without authorization. The warning signs set up by the Shiqiang Management Office in many places in the park are not based on its responsibility to manage the Yuanjiang River, but actually a public welfare act. Therefore, it cannot be inferred that the Shiqiang Management Office has the obligation to ensure the safety of swimmers in the Yuanjiang River. Shiqiang Management Office has no fault for Yang's drowning and should not be liable for compensation. [judge's reminder] Although Article 198 of the Civil Code stipulates the safety guarantee obligations of the managers of public places, they cannot relax their own safety awareness. The safety assurance obligations of managers in public places should be limited to a reasonable range, compatible with their management and control capabilities, and the scope of safety assurance obligations cannot be expanded without restrictions. Safety assurance obligations are not a "panacea" for safeguarding rights. During the summer vacation, the judge reminded parents to educate their children to improve their awareness of drowning prevention and do a good job in their supervision. Teenagers should not swim in strange waters to avoid drowning accidents. (reporter taochen correspondent liucaiyun jiangfeifei) (outlook new era)
Edit：Luo yu Responsible editor：Wang xiao jing
Source：People's Court Daily
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