China News Agency, Qingdao, December 30th (Reporter Hu Yaojie) The Qingdao Intermediate People's Court of Shandong Province made a second-instance judgment on the dispute over the right to life between Jiang Qiulian and Liu Nuanxi (formerly known as: Liu Xin) on the 30th: the appeal was rejected and the original judgment was upheld .

The second-instance case acceptance fee of 10,760 yuan (RMB, the same below) shall be borne by the appellant Liu Nuanxi.

The judgment is delivered to both parties in accordance with the law.

  After the trial, the court held that there were three main issues of dispute between the parties in the second instance of the case. One was whether the court of the first instance violated the statutory procedures; the other was whether Liu Nuanxi should bear the liability for infringement damages; .

  The court held that Liu Nuanxi, as the person who introduced the risk of infringement and the rescued person, failed to fulfill the obligations of care, rescue, and safety guarantee to the rescuer Jiang Ge, and was obviously at fault for Jiang Ge's murder. There is a legal causal relationship between the consequences, and Liu Nuanxi should bear the liability for infringement damages.

  In addition, Liu Nuanxi failed to properly handle the relationship with Jiang Ge's mother, Jiang Qiulian, after Jiang Ge was killed and died while rescuing her, which further exacerbated Jiang Qiulian's mental pain and aggravated the consequences of mental damage.

The court of first instance comprehensively considered factors such as the nature of the infringement, the facts and circumstances, the consequences of the damage, and the attitude after the event, and determined the amount of compensation for mental damage of 200,000 yuan, which was in line with the actual situation of the case.

  The court held that the right to life is the highest personal interest of a natural person and a core value jointly maintained by law and morality.

Anyone who infringes on the right to life of others due to fault shall bear the tort liability in accordance with the law.

The first-instance court's determination that Liu Nuanxi should bear the tort liability is a legal judgment made in accordance with the law, and it also conforms to the tradition of friendship and mutual assistance, and should be maintained in accordance with the law.

  After the trial, the court finally held that Liu Nuanxi's appeal was not established. The facts of the first-instance judgment were clearly identified, the law was correctly applied, and the trial procedure was legal. The Qingdao Intermediate People's Court made the above-mentioned judgment after discussion and decision by the judicial committee.

  On January 10, 2022, the People's Court of Chengyang District, Qingdao City, Shandong Province made a first-instance judgment on the case: Liu Nuanxi compensated Jiang Qiulian for various economic losses of 496,000 yuan and mental damage compensation of 200,000 yuan.

Liu Nuanxi refused to accept the first-instance judgment and appealed to the Qingdao Intermediate People's Court, requesting to revoke the first-instance judgment, remand the case for retrial or revise the judgment to dismiss all of Jiang Qiulian's claims.

On February 16, 2022, the case was held for the first time in the second instance of the Intermediate People's Court of Qingdao City, Shandong Province.

On November 22, 2022, the second trial of the case will be held for the second time.

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