Shandong high incidence 2022-0 1- 10 09
On June 5438+1October 10, 2022, Chengyang District People's Court of Qingdao City, Shandong Province made a first-instance judgment on the dispute over the right to life between plaintiff Jiang Qiulian and defendant Liu Nuanxi: defendant Liu Nuanxi compensated plaintiff Jiang Qiulian for various economic losses of 496,000 yuan and mental damages of 200,000 yuan within 10 days from the effective date of the judgment, and assumed all the acceptance fees of the case.
2016165438+1On October 3rd, Jiang Qiulian's only daughter, Jiang Ge, was killed by Liu Nuanxi's ex-boyfriend Chen Shifeng in Tokyo. Liu Nuanxi was a fellow countryman and a good friend when Jiang Ge was studying in Japan. More than two months before the incident, because she didn't agree to break up with her, Liu Nuanxi turned to Jiangge for help, and Jiangge agreed to let her live with her. 201611.02151in the early morning of October 2, Chen Shifeng found the apartment where Liu Nuanxi and Jiang Ge lived and came to haunt them. Liu Nuanxi turned to Jiangge for help. Jiang Ge suggested calling the police. Liu Nuanxi dissuaded him on the grounds that sharing an apartment violated local laws and didn't want to make a mountain out of a molehill, and asked Jiang Ge to come back to help out. Jiangge returned to the apartment to persuade Chen Shifeng to leave. After that, Jiang Ge returned to school, continued to follow Liu Nuanxi and sent him threatening text messages. In order to get rid of her entanglement, Liu Nuanxi turned to a colleague as a boyfriend. I left angrily and sent a message to Liu Nuanxi, saying, "I will be desperate." During this period, Liu Nuanxi did not inform Jiangge of his entanglement and intimidation. At about 23 o'clock that night, Liu Nuanxi was afraid and asked Jiangge to wait for her to return to the apartment at the subway station through WeChat. 165438+ 10: 00 on October 3, the two met and walked back to the apartment together. Before and after they entered the aisle on the second floor of the apartment, Chen Shifeng, who was lying in ambush upstairs in advance, rushed to the second floor with a knife and had an argument with Jiangge, who was walking behind. In the meantime, Liu Nuanxi, who walked in front, opened the door, advanced into the room and locked the door. Chen Shifeng stabbed Jiangge in the neck with a fruit knife outside the apartment, and then fled the scene. Liu Nuanxi called the police twice in the house. Jiangge died after being rescued because of excessive blood loss caused by left common carotid artery injury. Since then, Jiang Qiulian and Liu Nuanxi have had a dispute over the death of Jiang Ge, and Liu Nuanxi has also made irritating remarks to Jiang Qiulian through the Internet. Jiang Qiulian filed a lawsuit in court, demanding that Liu Nuanxi compensate Jiang Qiulian for her death compensation, funeral expenses, lost time, transportation expenses, accommodation fees, visa fees and other economic losses and mental damages totaling 2,070,609.33 yuan, and bear the litigation costs.
The court held that Liu Nuanxi, as a friend and rescuer of Jiangge, did not truthfully inform and remind Jiangge of the danger of infringement introduced by him. Facing the imminent danger of being illegally infringed by Chen Shifeng, it is obviously wrong to kill Jiangge outside his residence in order to protect himself and ignore the life safety of others, and he should bear the corresponding civil liability for compensation. Considering the events of this case, the fault degree of the actor, causality and other factors, the court supported Jiang Qiulian's claim for various economic losses with evidence 1240279 yuan, and supported 496,000 yuan as appropriate. Other economic losses advocated by Jiang Qiulian are not supported. In this case, Jiang Ge was killed in the process of rescuing Liu Nuanxi, and Jiang Qiulian lost her beloved daughter, so she suffered great pain. After going abroad to deal with the aftermath, Liu Nuanxi made irritating remarks after the incident, which further hurt Jiang Qiulian's feelings and should be liable for mental damages according to law. The court ordered Liu Nuanxi to compensate Jiang Qiulian for mental damages of 200,000 yuan according to the circumstances, damage degree and social impact.
In the judgment, the court pointed out that helping the poor is the traditional virtue of the Chinese nation, and honesty and friendship are the important contents of socialist core values. Judicial decisions should guard the bottom line of social morality, carry forward benevolence and morality, and guide the whole society to respect morality and be good. Based on the basic principle of good faith and the principle of consistency of rights and obligations in civil law: in social communication, those who introduce the danger of infringement and maintain the dangerous state have the obligation to take necessary and reasonable measures to prevent others from being damaged; In the case of rescue relationship, the rescuer has reasonable trust in the rescued person, and the rescued person has a higher duty of care to tell the rescuer truthfully and remind him in good faith. In this case, according to the existing evidence, Liu Nuanxi, as the rescued person and the importer of the danger of infringement, did not fully fulfill his duty of care and security for the rescuer Jiang Ge, and obviously had a fault and should bear legal responsibility. It should be pointed out that Jiang Ge, as a female student studying in a foreign country, extended a helping hand to her compatriots in trouble and gave sincere care and help, so she lost her life because of illegal infringement. Her selfless act of helping others embodies the traditional virtues of the Chinese nation, conforms to the socialist core values and public order and good customs, and should be praised. Because of illegal infringement, she deserves legal relief. As a good friend and savior of Jiangge, Liu Nuanxi, instead of being grateful, gave sympathy and comfort to the relatives of the deceased. Instead, he provoked others with inappropriate words, further aggravating their suffering. His behavior goes against common sense and human feelings and should be condemned. He should bear civil liability for compensation and bear all the costs of accepting the case. Accordingly, the court made the above judgment according to law.
Some NPC deputies, CPPCC members, news media and mass representatives attended the verdict.