China News Service, January 10. According to the official WeChat news of the Chengyang District People's Court of Qingdao, on January 10, 2022, the Chengyang District People's Court of Qingdao City, Shandong Province made a first-instance judgment on the dispute over the right of life between the plaintiff Jiang Qiulian and the defendant Liu Nuanxi. : Defendant Liu Nuanxi shall compensate plaintiff Jiang Qiulian for various economic losses of 496,000 yuan and mental damage consolation fund of 200,000 yuan within ten days from the date when the judgment takes effect, and bear all the case acceptance fees.

  On November 3, 2016, Jiang Qiulian's only daughter Jiang Ge was killed by Liu Nuanxi's ex-boyfriend Chen Shifeng in Tokyo, Japan.

Liu Nuanxi was Jiang Ge's fellow countryman and friend when he was studying in Japan.

More than two months before the incident, Liu Nuanxi asked Jiang Ge for help because Chen Shifeng did not agree to break up with him, and Jiang Ge agreed to her to live with him.

At about 15:00 on November 2, 2016, Chen Shifeng found the apartment where Liu Nuanxi and Jiang Ge lived together, and came to harass him. Liu Nuanxi asked Jiang Ge, who had gone out, for help.

Jiang Ge proposed to call the police, and Liu Nuanxi dissuaded him on the grounds that the shared apartment violated local laws and did not want to make a big fuss, and asked Jiang Ge to come back to help relieve the siege.

Jiang Ge returned to the apartment to persuade Chen Shifeng to leave.

After that, Jiang Ge returned to the school for class, while Chen Shifeng continued to follow Liu Nuanxi and sent threatening messages to her.

Liu Nuanxi acted as a boyfriend in order to get rid of her entangled colleagues and asked for help. Chen Shifeng left in anger and sent a message to Liu Nuanxi, saying, "I will do nothing."

During the period, Liu Nuanxi did not inform Jiang Ge of Chen Shifeng's entanglement and intimidation.

At 23 o'clock that night, Liu Nuanxi was afraid and asked Jiang Ge to wait for her to return to the apartment together at the subway station through WeChat.

At about 0:00 on November 3, the two returned to the apartment on foot after meeting.

The two entered the aisle on the second floor of the apartment. Chen Shifeng, who was in ambush upstairs in advance, rushed to the second floor with a knife. He met and quarreled with Jiang Ge, who was walking behind. During the period, Liu Nuanxi, who was walking in front, opened the door, entered the room first, Lock the door.

Chen Shifeng stabbed Jiang Ge in the neck with a fruit knife more than ten times outside the apartment door, and then fled the scene.

Liu Nuanxi called the police twice inside the house.

Jiang Ge died of excessive blood loss due to injury to the left common carotid artery.

Since then, Jiang Qiulian and Liu Nuanxi have had disputes over the cause of Jiang Ge's death, and Liu Nuanxi has also made irritating remarks to Jiang Qiulian through the Internet.

Jiang Qiulian then filed a lawsuit with the court, requesting that Liu Nuanxi be ordered to pay Jiang Qiulian's death compensation, funeral expenses, lost work expenses, transportation expenses, accommodation expenses, visa fees and other economic losses and mental damage consolation funds, totaling 2,070,609.33 yuan, and bear litigation costs.

  法院审理认为,刘暖曦作为江歌的好友和被救助者,对于由其引入的侵害危险,没有如实向江歌进行告知和提醒,在面临陈世峰不法侵害的紧迫危险之时,为求自保而置他人的生命安全于不顾,将江歌阻挡在自己居所门外被杀害,具有明显过错,应当承担相应的民事赔偿责任。综合考量本案的事发经过、行为人的过错程度、因果关系等因素,法院对江秋莲主张的有证据支持的各项经济损失1240279元,酌情支持496000元。对于江秋莲主张的其他经济损失,不予支持。本案中,江歌在救助刘暖曦的过程中遇害,江秋莲失去爱女,因此遭受了巨大伤痛,后续又为赴国外处理后事而奔波劳碌,而刘暖曦在事发后发表刺激性言论,进一步伤害了江秋莲的情感,依法应承担精神损害赔偿责任。法院根据行为情节、损害程度、社会影响,酌情判令刘暖曦赔偿江秋莲精神损害抚慰金200000元。

  In its judgment, the court pointed out that helping those in distress and helping those in distress is a traditional virtue of the Chinese nation, and honesty and friendliness are an important part of the core socialist values.

Judicial adjudication should guard the bottom line of social morality, promote virtue and righteous conduct, and guide the whole society to honor morality and be kind.

Based on the basic principles of good faith in civil law and the principle of consistency of rights and obligations: in social interactions, those who introduce the danger of infringement and maintain a dangerous state have the obligation to take necessary and reasonable measures to prevent damage to others; 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 for the rescuer to inform the rescuer in good faith.

In this case, according to the existing evidence, Liu Nuanxi, the rescued person and the person who introduced the danger of infringement, did not fully pay attention to the rescuer Jiang Ge's obligations to ensure safety and has obvious faults, 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 who were in trouble, gave sincere care and help, and lost her life because of the illegal infringement. Her act of selflessly helping others , which embodies the traditional virtues of the Chinese nation, is in line with the core socialist values ​​and public order and good customs, and should be praised.

As Jiang Ge's friend and rescued, Liu Nuanxi, after the incident, not only did not feel grateful and offered compassion and comfort to the relatives of the deceased, but instead used inappropriate words to further aggravate the pain of others. Those who violate common sense and human feelings should be condemned, and they should bear civil compensation liability and bear all the case acceptance fees.

Accordingly, the court made the above judgment in accordance with the law.

  Some deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, news media and representatives of the masses attended the sentencing.

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