After according to Dongguan of Guangzhou daily message driver of cause trouble of a traffic accident contuses other, pass with victim household name not only " prepare easily " to the netizen public raise donations raises money money of be apt to, still touch the damage that buckles oneself to use with this to forensic view unexpectedly. 15 days afternoon, court of Dongguan city intermediate people reports afore-mentioned cases to media. Advocate after careful judge hears this case, think, cause trouble driver uses victim household name this kind to use " prepare easily " the behavior that raise the wind reduces liability to pay compensation for oneself, have apparently be contrary to social morals, the court does not grant to support.
"Prepare easily " page of raise the wind
[reviewing of details of a case] cause trouble person with raise the wind of victim household name
On Feburary 28, 2018, li Mou carry drives to save Dongguan city large market to press down some hotel to be gone to to giving a section of a highway in S256 of by way of when right change driveway, on the right side of automobile body does not have name brand 2 rounds with a when be the same as directional travel autocycle is left automobile body happening collides, immediately this autocycle out of control falls down pedestrian of dash against right roadside is touched again in the process, namely case alien Fu Mou is smooth, cause heart of autocycle driver Pei Mou, Fu Mou to make the same score get hurt reach two cars the road transportation accident that different level is damaged. Policeman branch maintains: Li Mou carry bears the main responsibility of the accident, autocycle driver bears the less important responsibility of the accident.
Making what the person did not think of is, immediately of Li Mou carry started network raise the wind with the name of family member of Pei Mou heart March, money of final procuration be apt to 9000 multivariate, use at paying Pei Mou the medical treatment fee of the heart. Subsequently, first instance of court of the 2nd people adjudicates Dongguan city: Li Mou carry should pay 40 thousand multivariate medical treatment and compensation fee to Pei Mou heart.
By 2018, li Mou carry refuses to obey first instance court decision, mention to Dongguan quadrangle appeal, the requirement deducts the amount of its network raise the wind in indemnity. Dongguan maintains after quadrangle cognizance: The contributory money that Li Mou carries the view ought to deduct his to be collect of Pei Mou heart through preparing easily 9000 multivariate, give factitious victim and rather than of Pei Mou heart because of sufferring Li Mou carries, li Mou carries the requirement is deducted from inside its liability to pay compensation, as good as prepares the beneficiary beneficiary of the project at making so that he becomes this relaxed, have apparently be contrary to at social morals, the court does not grant to support.
[judge view] behavior of cause trouble driver cheated everybody
He Fei of 2 careful judge represents this case, li Mou carries the heart is put fluky, the travel of motor-driven car start off that drives to be protected without casting, lead to traffic accident with barge against of heart of victim Pei Mou, face the medical treatment of high specified number that need assumes and compensatory charge, the Li Mou that the society enters first carries faint burden. To solve the dilemma that face, the Li Mou campaign that pursues IT trade had crooked head, think of medical treatment of raise donations of the person that it is through preparing easily is expended, compensate for cost pressure in order to reduce his. "But final result is an all in vain, the court does not grant to support. " He Fei says.
He Fei introduces, li Mou carries in order to hurt person the family member's name registers Zhang date to initiate the action that plans easily to be formed above all con. The action that although do not have family member of the person that evidence proves to be to its on the net,initiates raise the wind not know the inside story, but Li Mou carry is dummy its and the relation of the person that hurt, the person that concealed an injury is his oneself be caused by of traffic accident tort, release concerned information in circle of small letter friend, was to cheat the everybody beside actually.
After this, li Mou carries with " prepare easily " the account of be in hospital of hospital of place of the person that the company has collected money of be apt to, the civil liability to pay compensation of the person that the requirement is used at him countervail to be opposite with the money of be apt to that raises money, this behavior has apparently violate social morals, do not deserved to support to law. Judge He expresses, the netizen is passed prepare contributory money easily, be not is donative to what Li Mou carries, be opposite however of Pei Mou heart donative. Although afore-mentioned money collect a hospital finally to touch the medical treatment that buckled Pei Mou heart to expend, but cannot think the belongings loss of Pei Mou heart decreases accordingly. Otherwise, according to the view that Li Mou carries, preparing ultimate beneficiary beneficiary easily will not be Pei Mou heart however Li Mou him carry. "This kind uses raise the wind of victim household name to reduce liability to pay compensation for oneself, belong to fraudulent action, also touched the society such as honest be as good as one's word is basic moral bottom line. " He Fei thinks, to cause trouble the driver's behavior ought to give severity is condemned.
In addition, he Fei also raised platform of raise the wind " prepare easily " not precise to examine and verify of information of identity of initiator of raise the wind issue. He suggests, platform of of all kinds and public raise donations, information of the person that should strict examine and verify appeals, avoid to be used by illegal element.
Dispel misgivings: Why to find out cause trouble driver the legal responsibility of fraudulent action?
In this case, cause trouble driver passes fiction its and the relation of the person that hurt have raise the wind, its behavior makes con conduct, but why to investigate its law duty further? To this, he Fei expresses, because Li Mou carries subjective purpose is side a surname,some heart raises money medical treatment charge, final result also is raise the wind earning infiltrates directly the medical treatment account of Pei Mou heart, just use victim household name to attribute fraudulent action. And, show without evidence victim family member is right at present behavior of public raise donations not know the inside story, because this is done not have,investigate the legal duty that Li Mou carries strictly further.
Edit Yang Li
