Wednesday, November 21, 2012

The man dies unexpectedly while taking pleasure in helping people the beneficiary is sentenced to compensate 29 ten thousand yuan

The man dies unexpectedly while taking pleasure in helping people the beneficiary is sentenced to compensate 29 ten thousand yuan
Help people appear accident but death, by who undertake loss? March 15, the intersection of Wudi and county people's court make judgement to such case, sentence, make beneficiary compensate the dead for the intersection of relative and every loss 29 ten thousand.
In the morning of July 27 of 2009, Wudi county one a China, villager of village, and son will transport one kind of pigs driving the tricycle, the traffic accident happens in the new urban area of county town. Zhang Hua is sent to the hospital treatment by the son, the son is unable to transport planting the pig and go home alone, ask to help loyally with the person, king of village, . Because all the time the relation has been very close with the Hua 's, Wang Zhong gets to the scene immediately. It is hot, it is more irritable to plant pig's temper, the car that Wang Zhong reached the tricycle voluntarily looks after one kind of pigs while fighting. Who knows until tricycle draw 100 meter about, kinds of pig dash until king loyal suddenly, lift, get off, fight, fall down at highway him. Although treat for a long time by the hospital, Wang Zhong does not manage the body to die on January 6 this year.
After Wang Zhong's death, have thrown down old parents, wife, not sensible son, well-to-do family unable to bear in hospital expensing great amount of originally. King loyal one think Zhong Wang to die help people, Zhang first of Hua benefited people, one of a China should compensate for the losses . One of a China thinks, Wang Zhong dies while helping oneself, but have no fault oneself, should not bear complete responsibility . January 8, Wang Zhong's parents, wife, son tell Zhang Hua to the court, ask to pay cost of hospitalization, medical fee, death damages, funeral expenses, spirit and damage and conciliate several losses such as gold 545000 yuan.
Court try, think Zhong Wang give Zhang Hua one help free, belong to, take pleasure in helping people. Stipulate, take pleasure in helping people and meet accident, the beneficiary should compensate too according to relevant laws. Wang Zhong's unexpected death, has brought the enormous spiritual pressure to family, the compensation for spiritual damages that the plaintiff put forward asks to accord with the legal provision too. But Zhong Wang it has to be totally civil behavioral ability, should know freight transportation tricycle can't hold people fight, there is certain fault too as to unexpected emergence . So, judgement a China of court compensates the loyal relatives of a king for 29 ten thousand yuan for every loss. (Personages are all an assumed name in the article )
Comment on
Presiding judge's fight of front yard of member of a nationality of county people's court in Wudi is quick: Stipulate according to the law, if not the beneficiary says clearly that refuses help, taking pleasure in helping people is damaged by life, the beneficiary should bear compensation responsibility. King's loyal danger that should be able to fight after expecting a kind of pig's own aggressiveness, taking the tricycle in this case, but not adopted the essential private defense means, certain fault exists. So, a China of judgement beneficiary of the court compensates a king for the loyal partial loss of home National People's Congress.
It is the fine tradition of Chinese nation to take pleasure in helping people, are worth recommending in a more cost-effective manner. This case should pay attention to oneself safely in course of taking pleasure in helping people while reminding people. As the beneficiary, should pay attention to protecting the personal security of the persons who take pleasure in helping people too, prevent the occurrence of the similar and tragic one.
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