Contradictory dispute unavoidable exists in the life, when encountering contradictory dispute, want sober, be treated correctly and handle, bring about contradiction to upgrade because of the bagatelle of a few trifles otherwise, produce serious consequence, the loss outweights the gain.
Data picture
The case answers put: The conflict since bagatelle sends one person 10 class disable
On July 7, 2017, the accused drives car goes to work, it is car place inside dam of courtyard of home of accuser little brother. Because the car of park affected accuser to be in home of its little brother ted furniture, accuser informs the accused move of the car through other.
Come when the accused when move car, former defendant both sides produces quarrel to produce drag then, cause accuser Zhou Mou to fall down get hurt. After the accident, accuser is sent to hospital hospitalization, diagnose for right rib close end smashs injury of sleeve of sexual fracture, osteoporosis, right shoulder. Cure of art of accuser deal with hurts affection to improve after 28 days leave hospital. When leaving hospital, the doctor exhorts need continues to refuse osteoporosis treatment; Strengthen humeral joint function to take exercise; X mating plate checks regularly after leaving hospital, understand fracture heal situation; Take out after a year inside fixed.
Classics appraisal, the order and degree of the degree that cause damage of accuser is 10 class.
Case cognizance: Former defendant both sides all has fault to bear half responsibility each
Forensic cognizance thinks, person right of the citizen gets legal protection. In this case, the accused does not have fault originally in car of crime scene park, both sides should be treated correctly originally and handle, but quarrel happens in the both sides in process of car of the accused move, then happening is caught pull and bring about accuser to fall down get hurt, to the formation of this dispute, development and consequence, both sides all has fault. Integrated incident happens, development state of affairs, both sides of former, the accused should bear coequal responsibility, namely each responsibility of 50% .
Basis " law of liability of tort of People's Republic of China " the 6th " behavior person because other people of fault enroach on is civil rights and interests, ought to assume tort responsibility. According to legal provision illative behavior person has fault, behavior person is indemonstrable oneself do not have fault, ought to assume tort responsibility " ; The 16th " enroach on other causes person to damage, ought to compensate for medical treatment cost, nurse the cost, transportation expenses reasonable charge that is cure and rehabilitation defray, and because of income of reductive of delay one's work. Cause deformity, still ought to compensate for deformity life to assist a cost and disability compensation. Cause death, still ought to compensate for funeral expenses and dead compensation " ; The 26th " the happening that is opposite to damage by the infringer also has fault, the liability that can reduce an infringer " regulation, final court adjudicates lawfully, by the accused compensatory accuser medical treatment is expended, nurse solatium of compensation of cost of allowance of food of cost, be in hospital, transportation expenses, disability, spirit, disable assess expends 43659.3 yuan; Reject the other suit request of accuser. After first instance adjudicates, each party all did not mention appeal, this case already become effective.
Judge view: The conflict since bagatelle starts work undeserved
The hard to avoid in the life removes issue, common saying says " gentleman changes buccal not lift a hand " , start work the person is killed oneself.
"Start work " cost it may be said is exalted. The judge expresses, "Start work " the possibility produces cost of certain and civil liability, if cost of legal cost, medical treatment, delay one's work is expended, nurse cost of cost, allowance of food of be in hospital, transportation expenses, retaining fee, send what the person disables to still have disability compensation, disable solatium of assess cost, spirit; Criminal record evil doing stays possibly still in public security mechanism, cause figure to be damaged, cause the concern of family, affect the abominable consequence such as the job of oneself or business.
The judge reminds, should treat the small contradiction in the life correctly, personal feeling is in power and do not cause internecine serious consequence temporarily. Common saying says, remove one condition unrestrained and far -ranging. Encounter dispute and contradiction to want to know conversion to think, avoid to bring needless trouble to oneself and family.
Basis " management of public security of People's Republic of China sanctions a method " the 43rd: Hit another person, harm other body intentionally perhaps, be in 5 days of above 10 days to be detained below, be in 200 yuan of above 500 yuan of the following amerce; The plot is smaller, place be detained 5 days below or fine 500 yuan below. Have one of following state, be in 10 days of above 15 days to be detained below, be in 500 yuan of above 1000 yuan of the following amerce: (one) gang is beaten up, injure another person; (2) beat up, harm disabled, pregnant woman, malcontent the person of 14 one full year of life or of the person of above of 60 one full year of life; (3) beat up for many times, harm other perhaps is beaten up, injure much person.
Li Xiaoming of Gao Fei's reporter
