Liu Xin was awarded 696,000 yuan to Jiangge's mother. Why did the court make such a judgment?

Liu Xin was awarded 696,000 yuan to Jiangge's mother. Why did the court make such a judgment? Let's discuss this problem below, hoping that these contents can help friends in need.

On June 5438+1October 10, 2022, Chengyang District People's Court of Qingdao City, Shandong Province made a first-instance judgment on the dispute between Appellant Jiang Qiulian and Defendant Liu Nuanxi: Defendant Liu Nuanxi paid Appellant Jiang Qiulian 496,000 yuan for various property losses and 200,000 yuan for mental damages within 10 days from the effective date of the judgment, and paid all of them.

2016165438+13 October, Jiang Qiulian's only daughter, Jiang Ge, was dismembered by Liu Nuanxi's predecessor in Tokyo. Liu Nuanxi was a fellow villager and friend when Jiangge went abroad to study in Japan. Two and a half months after the murder, Liu Nuanxi turned to Jiangge for help because she disagreed with the separation dispute. Jiangge allowed her to live with herself. 10/0115: 00 on October 2, Chen Shifeng searched for the apartment building where Liu Nuanxi and Jiang Ge lived, and the door-to-door service was entangled. Liu Nuanxi asked Jiang Ge for help.

Jiang Ge suggested calling the police, and Liu Nuanxi persuaded him that the apartment building violated local laws and regulations and was unwilling to make a scene, so Jiang Ge went home to help save the scene. Jiangge returned to the apartment building to persuade Chen Shifeng to leave. Later, Jiangge returned to the college to teach, and followed Liu Nuanxi to push threatening information to him. Liu Nuanxi sought help to solve his entanglement. As a boyfriend, I left angrily and sent a text message to Liu Nuanxi, saying "I can be desperate". During this period, Liu Nuanxi did not tell Jiangge about his entanglement and intimidation.

At about 23 o'clock that night, Liu Nuanxi was in a hurry. According to the regulations of mobile phone WeChat, Jiangge waited for her to return to the apartment building at the subway entrance. 165438+ 10: 00 on October 3, the two gathered and walked back to the apartment building together. The two entered the corridor on the second floor of the surrounding apartment building, and Chen Shifeng, who was lurking on the roof in advance, rushed to the second floor with a knife and clashed with Jiangge, who walked behind. During the period, Liu Nuanxi, who walked in front, opened the door of the room, gave priority to entering the room and locked the door.

Chen Shifeng stabbed Jiangge more than ten times in the head and neck with a watermelon knife, and then escaped. Liu Nuanxi dialed two rescue calls in the room. After Jiangge treatment, he died of fatigue due to left common carotid artery injury. Since then, Jiang Qiulian and Liu Nuanxi have raised objections because of the death of Jiang Ge, and Liu Nuanxi has also published irritating language to Jiang Qiulian through the Internet. Jiang Qiulian filed a lawsuit with the court, demanding that Liu Nuanxi compensate Jiang Qiulian for her death compensation, funeral expenses, lost time, travel expenses, rental fees, visa fees and other property losses and mental damages totaling * * * 2,070,609.33 yuan, and bear the appeal expenses.

The court held that Liu Nuanxi, as a friend and rescuer of Jiangge, did not tell Jiangge the risk of injury he introduced. When encountering the real risk of Chen Shifeng's illegal infringement, it is obviously negligent to stop Jiangge from being mutilated at the door of his own residence in order to save his life, and he should bear the corresponding liability for damages. Considering the accident in this case, the degree of the infringer's fault, logical relationship and other factors, the court decided to apply 496,000 yuan to various property losses1240,279 yuan that Jiang Qiulian thought were directly applicable.

It is not applicable to other property losses that Jiang Qiulian thinks. In this case, Jiang Ge was killed while assisting Liu Nuanxi, and Jiang Qiulian lost her daughter, so she suffered a lot. Later, she tried to solve the funeral overseas, and Liu Nuanxi made irritating comments after the accident, which further damaged Jiang Qiulian's feelings and should bear the obligations of mental damage compensation as required. According to the plot, degree of harm and social impact of personal behavior, the court held that Liu Nuanxi should compensate Jiang Qiulian for his mental loss of 200,000 yuan as appropriate.

In the ruling, the court emphasized that helping the poor is the traditional Chinese virtue of the Chinese nation, and honesty and trustworthiness are the key contents of socialist social values. Judges in the judicial department should keep the bottom line of social development and being a man, carry forward traditional virtues and righteousness, and correctly guide the whole society to be good and virtuous. The principle of good faith is the basic norm and standard of the consistency of rights and obligations in the civil code.

In interpersonal communication, the person who introduces the risk of damage and maintains the risk situation has the responsibility to take necessary and effective countermeasures to avoid others being hurt; In the case of rescuing Lenovo, the rescuer has effective trust in the rescued person, and the rescued person has a higher honest and sincere responsibility to the rescuer. In this case, according to the current direct evidence, Liu Nuanxi, as the rescued person and the importer of damage risk, did not fully fulfill his duty of care and safety care for the rescuer Jiang Ge, which was obviously negligent and should bear the legal basis.

It must be emphasized that Jiangge, as a beautiful student studying in a foreign country, extended a helping hand to his compatriots in deep trouble, giving sincere attention and help, and thus suffered illegal infringement and lost his life. His behavior of helping others without asking for anything in return shows the traditional virtues of the Chinese nation, conforms to socialist social values and public order and good customs, and should be praised. He has been illegally violated and deserves legal and regulatory help. As a friend and rescuer of Jiangge, Liu Nuanxi showed no gratitude after the accident and gave sympathy and relief to the families of the deceased. Instead, he provoked others with unreasonable words, further aggravating their suffering. His personal behavior goes against nature and should be condemned. He should bear the obligation of compensation and hold down all the litigation costs. Therefore, the court made the above judgment according to the regulations.