2016 summer vacation time, a high school student and 3 pupil produce an accident when wild bath of reservoir of river of golden city Beijing University, 4 students are all be addicted to dies. After the accident, have die student father and mother sues management department of the school, reservoir forensic claim for compensation, court of first instance rejected litigant request of the family member. The family member mentions appeal, but did not expend in appeal of the pay inside formulary date, the court rules lawfully by nolle prosequi processing.
Be addicted to of 4 teenagers wild bath dies
On July 13, 2016 towards evening, the parent of student of an experience thing is in the teacher of class to call to the child, say the child did not come home, ask teacher help to search. The teacher contacts all parent and the organization is searched, subsequently discovery has 3 students additionally to also be in the condition that break couplet at the same time, call the police instantly then.
Via coming to help about respect and Dalian blue sky the team is searched for, final in golden city bank of reservoir of ground of fountainhead of 20 lis of fort discovers 4 students dress, discover remains of a student when surface of go on a tour of inspection. Hind via searching for, the remains of 4 students is found entirely.
Guardian sues claim for compensation
After the accident, victim student small peak (alias) 9 lis of elementary school sue division of state of limited company of group of tap water of town of bureau of Wu of water of town of parental general Dalian, Dalian, gold court, compensation of seek redress funeral expenses, death aggregate more than yuan 430 thousand. Small peak parents thinks, water Wu bureau reachs tap water company and did not use up corresponding management and safety to notice obligation, cause 4 children to drown die. And small peak is in 9 lis of elementary school, the safe education that also did not use up pair of students is compulsory.
Argue of company of water Wu bureau, tap water says, had used up management and safe clew obligation, should not assume any responsibility; The school says to already used up education, management and protective responsibility.
The court is found out, when case hair, small peak fastens 9 lis of elementary school the student of 5 grade, final of 9 lis of elementary school approves value roll, during the student has a holiday. Before having a holiday, the school adopts thematic class a variety of forms such as day-to-day management are opposite speech of meeting, flag-raising ceremony, classmaster the student had safe education.
Crime scene dot is apart from 9 lis of elementary school to make an appointment with more than 10 kilometers, multiply a car to cannot be arrived at directly, need 500 meters to walk, during a few without road feasible, specific place needs brothers and use just can pass and sere bramble pesters a leg. Both sides all erect iron wire protects column to surround block, iron wire is protected stand on column have " no admittance of fountainhead important place " " forbidden in dabble of this go angling " caution sign. July 2016, water Wu branch carries announcement on media for many times, remind a citizen to be far from the danger zone such as river, reservoir.
The court thinks guardian guards not do one's best
Forensic cognizance thinks, swimming is a campaign that has person danger sex extremely, won't swimmer enters the water swim, its danger sex is more self-evident. Swimmer occurrence danger is not personnel can be controlled beyond swimmer, participator becomes the actual undertaker of dangerous consequence likely, and the controller of fountainhead should not pay price for this. Case ford library accuses one of drinking water fountainhead as Dalian city town, erect iron wire protects column and caution catchphrase all around, its action is the effect that has to hold back not only, more important still is the groove guard that reminds reservoir personnel forbids to enter reservoir beyond controller, more do not allow to enter the water swim.
Small peak serves as full already the elementary school of 13 one full year of life 5 grade student, although belong person of limitative conduct competence, but the consciousness that already had security of oneself of proper resolution dispute, protection and ability, the education that its get should know to swim the common sense that has dangerous sex, also should know reservoir all around the meaning that sets iron wire to protect column and caution label, ought to see the consequence that enters reservoir to swim to be brought about possibly beforehand. Small peak is in won't swim or below the circumstance that inexperience swims, the block the way of the abatis that disregards reservoir controller setting and caution mark, privately enters reservoir groove guard to enter the water swim bring about drown death, the consequence that causes from this should be assumed by oneself by its. Parents serves as guardian, ought to fulfil the tutelar obligation that be protected to minor children and teachs. The guardian of small peak, small peak of the indulge between holiday and associate are put in the school people to relatively devious reservoir amuse oneself, and do not have grown relative accompany, its behavior itself has dangerous sex namely, 2 accuser ought to see beforehand and did not foreknow, the harm of case experience is sequential as scanty as 2 accuser exist at safe education, management direct causal, its should assume the responsibility that guards not do one's best.
Lawsuit requests to be rejected
According to legal provision, safe safeguard obligation is to point to be engaged in the public administrator such as accommodation, meal, recreation or the organizer of activity of of a mass character, inside the reasonable limit range that answers make other avoids the obligation that accepts person to damage. Case ford library is Dalian city town controls one of land of drinking water fountainhead, the position is devious, be far from village and communal road, those who be not legal meaning to go up is public, the people that does not answer normal life comes into being dangerous safe perhaps hidden danger. Tap water company fastens the controller of case ford library, its have authority to enjoy environmental protection branch to produce the happening of the dangerous accident such as pollution to prevent fountainhead ground, in reservoir all around the iron wire of erect protects column, and in much place installed apparent caution catchphrase all round reservoir, prohibit clearly paddle of put in storage, swim etc, with causing the attention of the person that be about to enter reservoir, ought to maintain its to already used up controller the duty with the well-meaning safe compulsory attention inside reasonable limit range, tap water company guarantees obligation to should not assuming safety; Water Wu bureau is not the superior of tap water company to be in charge of a branch, its already used up industry government obligation to tap water company; 9 lis of elementary school used up safety to teach obligation to the student inside duty limits; 3 the accused do not answer the dead consequence of small peak to assume liability to pay compensation.
On December 7, 2017, first instance of court of people of division of Dalian city Zhongshan adjudicates: Reject die the litigant request of student family member.
Not pay cost is pressed nolle prosequi processing
After first instance is adjudged, small peak parents refuses to obey, mention appeal.
In case cognizance process, small peak parents applies for to decrease, avoid, delay hands in appeal to expend, via the court director branch examines and approve two months since the day that agrees with its delay to pay legal cost to 2 careful put on record, dan Xiaofeng's parents exceeds legal cost delay to fall time limit still not lawfully pay appeal cost.
Recently, final judgment of court of Dalian city intermediate people rules: This case nolles prosequi by small peak parents processing.
In addition, still additionally two die student family member also did not appeal in the pay inside time limit cost, all be pressed recall automatically a:appellant processing.
