China News Service, Beijing, October 16 (Reporter Zhang Su) The Supreme People's Court of China issued the 25th batch of 4 guiding cases on the 16th.
According to the Supreme Law, they are all cases of promoting the core values of socialism for reference when people's courts at all levels try similar cases.
Among them, Guiding Case No. 142 "Liu Minglian, Guo Lili, Guo Shuangshuang v. Sun Wei, Henan Lanting Property Management Co., Ltd. Xinyang Branch Company's Right to Life Dispute", it is clear that the perpetrator is to protect the legitimate rights and interests of the injured party and dissuade others from not following a collision. Leaving the scene without exceeding reasonable limits is a lawful act.
There is no legal causal relationship between the sudden death of others due to their own diseases and the dissuasion, and the dissuading person should not bear tort liability.
The case revealed that at about 19:40 on September 23, 2019, Guo was riding a folding bicycle and collided with a 5-year-old child Luo, causing Luo's right jaw to bleed and fell to the ground.
Sun Wei, who brought his children to play here, saw this situation and lifted Luo up and contacted Luo's mother Li via the WeChat voice call function, but no one answered.
Sun Wei asked his neighbor to notify Li1 and asked Guo to wait for Luo's parents to come and deal with it.
Guo said that Luo ran into Guo and that he had something to do and needed to leave.
Therefore, Guo had a verbal dispute with Sun Wei.
Sun Wei stood in front of the bicycle to block Guo and prevent Guo from leaving.
At 19:46, Sun Wei dialed 110 for the police.
Mr. Guo parked his bicycle and sat on the first stone pier from south to north at the east exit of the south gate of Boshi Mingcheng District.
Mr. Guo fell to the ground after sitting on the stone pier within two minutes.
A 14-second video of the incident submitted by Sun Wei showed that Guo fell to the ground and tried to get up; Sun Wei was operating his mobile phone and reporting the location.
At 19:48, Sun Wei called the 120 emergency number.
Later, Sun Wei sent his child home and then returned to the scene.
The medical staff rushed to the scene to rescue Guo.
Guo Mou was rescued ineffective and died of cardiac arrest.
Guo's wife Liu Minglian and his daughters Guo Lili and Guo Shuangshuang filed a lawsuit, demanding Sun Wei to bear the liability for the tort.
The Pingqiao District Court of Xinyang City, Henan Province issued a judgment on December 30, 2019: dismissing the claims of the plaintiffs Liu Minglian, Guo Lili, and Guo Shuangshuang.
The Supreme Court believes that on the basis of distinguishing right from wrong, this case denies the adjudication concept under the traditional thinking of “the dead is the greatest”, clearly shows the judicial attitude, and affirms and encourages the benevolence and righteous deeds that discourage people. , A vivid interpretation of the correct application of the law and the promotion of socialist core values.
In addition, Guiding Case No. 140, "Li Qiuyue et al. v. Hongshan Village Villager Committee, Timian Town, Huadu District, Guangzhou City, Liability for Violation of Safety Guarantee Obligation", clarified that the safety guarantee obligation of public place operators should be limited to reasonable limits. Adapt to its management and control capabilities. The people's court shall not support a person with full civil capacity who inadvertently damages himself by climbing a fruit tree in the scenic spot to pick the fruit inadvertently, and claims that the business manager shall be liable for compensation. (Finish)