Is open-armed word still big risk? Zhejiang two 12 years old of schoolgirls are betting was defeated in game, stimulate repeatedly in the classmate, incite below, they were fulfilled really bet about -- go committing suicide. As a result a favour be havinged is saved case, a misfortune is betted lost life...
The schoolboy jeers fulfill bet in making an appointment with a schoolgirl to pull a hand to walk along a river
The 10 people such as small Ling, small clean, Xiaohua are to thoroughfare state city thoroughfares elementary school of river Ou Mou the classfellow of 6 grade. Last year on April 19, they go playing the abstruse number game of school organization. Children played together " open-armed word takes a risk greatly " game, small Ling and small clean lost game.
On April 23 morning, afore-mentioned classmates make up a missed lesson in the school the school leaves together after the end. In road, schoolboy Xiaohua mentions, small Ling, small clean was defeated by those who play a few days ago to bet game, should fulfill bet go committing suicide about.
At the beginning, small Ling, small clean was not paid attention to. Dan Xiaohua stimulates them to say all the time: "How you still don't jump? " " have ability you jump, I can help you call the police. I can help you call the police..
A lot of classmate also is assentationing Xiaohua, small Ling by Xiaohua repeatedly provoke, sneer at after waiting for a language to stimulate, proper pride is harmed.
On road coming home, she and small clean the country river to village edge (thoroughfare Jiang Zhihe) go, preparation is fulfilled " go committing suicide " bet about.
4 classmates such as Xiaohua follow at the back of them, all the way, xiaohua still stimulates her two " dare not commit suicide " .
One pedestrian comes to head of the one port side country river river. Before entering the water, small Ling did not have the classmate in the spot to keep two pieces of content to two respectively is " I am sorry " scrip, give a classmate of view is surrounded on the bank for you pass on. Small clean also wrote scrip, but wrote a half to be ripped lose into the river.
Next, the two schoolgirls hand of mood out of control pulls a hand to arrange port head step to enter the water.
Two people go deeper more in water, although the classmate on the bank begins call out: "Good, fast come back! " but call out sound fails to prevent her the two footsteps that enter the water.
Wadi benthic is lichenous suffusion, she two after slipping was given very quickly to sweep by rapid flow...
Network plan
Small clean build is taller, sink in water one float, the good intention villager that is heard the news to come after is saved case. Small Ling build is shorter, sign disappeared after be being swept by current. The 4th day after the accident, she just is salvaged.
Classmate of 5 experience thing is sued claim for compensation of small Ling parents more than yuan 710 thousand
On November 13, 2017, the parental Jiang Xiaojie of small Ling, and Xiaohua, small how to wait for 4 to surround the classfellow of view and its parents, accuse together thoroughfare river court, the dead loss expenses that asks each the accused compensates for small Ling jointly and mental solatium more than yuan 710 thousand.
Because details of a case is complex, the court hears this case publicly on June 7 this year. Forensic cognizance thinks, life health authority of the citizen gets legal protection.
In this case, according to Xiaohua's intelligence, age, reach face river water the country river with deeper rapid river, should see the dangerous sex that two little girls enter the water beforehand originally, but he did not take effective measures to check she two enter the water, end dangerous game.
So he enters the water to small Ling be addicted to dies have the fault that comparative, its guardian agree carries civil tort responsibility.
Manage together, small the dangerous sex that how waits for 3 to surround view classmate, small clean to also should see small Ling enters the water beforehand originally, but all did not give dissuade effectively.
Ju Xiaojie still accompanies small Ling to enter the water together, go up objectively the courage that enhanced small Ling to enter the water. Reason afore-mentioned the accused enter the water to small Ling be addicted to dies this damages consequence, also have certain fault, its guard agree of average per capita to carry corresponding tort responsibility.
However, two accuser serve as the guardian of small Ling, have to small Ling bring up, the obligation of education, protection, in daily life, should teach its to take care of its as far as possible, notice oneself is safe, avoid the activity that with its the age, intelligence does not match. But look from this case, the tutelar presence of two accuser is scant.
When small Ling accident already 12 years old, according to its intelligence, age, its are dangerous to what enter the water in country river the gender should have certain acknowledge.
But in Xiaohua verbal stimulation falls, she insists to enter the water, and do not pay attention to the 4 people such as Xiaohua to call her fast to disembark, be determined to move toward deep water area, bring about its finally to drown die.
So small Ling parents guards not do one's best, and element of small Ling oneself, have dominant effect to the development of this case, have major mistake to damaging the happening of consequence, can reduce the infringer's liability.
After the court is tried maintain finally, xiaohua assumes the responsibility of 10% , small how, 4 classmates such as small clean assume the responsibility of 4% each, and this case is common error forms collective tort. Because afore-mentioned 5 the accused all are person of limitative conduct competence, its guardian part of one's job does not assume corresponding tort responsibility, should assume implicative liability to pay compensation.
This year on June 7, thoroughfare court decision of river court first instance, xiaohua's parents recoups loss of small Ling death 47081.9 yuan, other the parents of 4 classmates compensates for 18832.7 yuan each, assume 5000 yuan of spirit solatium that differ to 2000 yuan severally. Xiaohua's parents refuses to obey after court decision, put forward to appeal.
Recently, thoroughfare state city intermediate court of justice appeals at be being rejected lawfully, maintain original judgement.
