The Quyang court in Baoding, Hebei, recently concluded that the three people were accompanied by a mountain climbing and a mountain climbing, a case of the right to life, body rights and health rights in the fall of a cliff, and the two people of the same party took 30% of the liability.
Wang Mou, Zhang and Liu Mousan of a village in Quyang are very good friends. They usually play together at ordinary times. On the morning of the 16th day of the first month of the Chinese lunar calendar 2005, the three men invited each other to climb Quyang Jiahe mountain and ride motorcycles together. In the course of climbing the mountain, Liu accidentally fell off the cliff. Wang and Zhang, who were 16 and 19 years old respectively, did not mention Lius fall to their families after returning home. After dark, Lius parents asked Wang and Zhang why Liu didnt come back. Wang and Zhang said that Lius climb was too fast, two people couldnt catch up, and he did not see Liu after the top of the mountain. After a long time, he did not see Liu, and the two people went home. On the second day, Lius parents organized people to go up the mountain looking for them, and failed to find Liu.
In the autumn of 2016, a mountain climbing enthusiast found a skeleton at a steep cliff and called the police. The public security organs identified DNA as the corpse of Liu. Lius parents appealed to Wang and Zhang to the court.
After the trial of the Quyang court, it is believed that climbing mountains is dangerous. Three people are accompanied by their counterparts. From moral and legal, the three people are responsible for mutual assistance. In the course of climbing the mountain, three people should remind each other of safety. When Liu is inadvertently falling off the cliff, Wang and Zhang can not save them, they should call the police in time, help others or inform Lius family to win the rescue time, while Wang and Zhang choose to be silent. According to the relevant provisions of the Tort Liability Act, the presiding judge ordered Wang and Zhang to bear 30% of the liability.
The judge should remind them that the participants should be clearly informed of the tour route, intensity, responsibility, obligation and so on so as to make the participants judge and choose. In case of danger, in addition to the help and alarm of other people, all the participants should be able to help the victims in their own conditions under the conditions of their own conditions.
[stone of other mountains
When a swimmer died, the court decided that the partners were not responsible for their obligations.
At noon on July 2, 2014, Zhou Mou (14 years old at the time of the incident), Wang Mou (15 years old at the time of the incident) and Song Mou (14 years old at the time of the incident) made an appointment to go swimming. During the swimming process, Zhou was drowned by the waterfall accidentally when the waterfall was dived. Two people of Wang and song returned to the shore, waiting for a while. After a while, the two people began to swim down the river. After more than 20 minutes, the two people did not return. Afraid of parentsscolding, the two discarded Zhous clothes, trousers and shoes, took away their mobile phones, and formed an offensive and defensive alliance to hide the fact that Zhou drowned.
After that, Zhous parents searched for weeks. In the afternoon of July 7th of the same year, Zhous corpse was found in the lower reaches of the river. When police asked song and Wang, two of them told the truth.
On January 6, 2015, Zhous parents filed a lawsuit in Yongchuan District Court, Chongqing, demanding that two companions and their guardians jointly compensate more than 140,000 yuan for the loss.
After the trial, the court held that Zhou, Wang and song were all minors, who belonged to the limited capacity for civil conduct. In the face of the drowning of Zhou, the two people of Wang and song should call for help in time without calling for help in time. They did not fulfill the responsibility of sufficient assistance. In the event, the fact that Zhou was drowned was concealed afterwards, and the civil compensation responsibility for the economic loss caused by Zhous death was assumed. Zhous parents failed to take care of their guardianship, let Zhou to swim in a dangerous area, and Zhou had certain discrimination. In the course of swimming, he did not pay attention to its own safety, self protection and dangerous behavior. Zhous own fault and his guardians failure to fulfill his duty of guardianship is the main reason for Zhous drowning. The court decided that two partners were responsible for 10% of the liability, and two partners and their parents should compensate the plaintiff for more than 1.9 yuan.
What is the obligation of salvation?
Generally speaking, one citizens duty of salvation to another citizen can be divided into two kinds: one is moral obligation of salvation, the other is legal obligation of salvation.
The moral salvation obligation is under the jurisdiction of peoples conscience. It is a voluntary act. In the condition of the ability to help, the people who do not help are condemned by their own conscience and social morality, without compulsory obligations. For example, a swimmer who will swim and receive a rescue training, when passing by the river, meets a stranger in the water. He does not extend a rescue aid. People can only condemn him from public opinion and cannot ask for any legal responsibility.
The legal obligation of relief is compulsory. If the obligor fails to perform the obligation of relief actively, he should bear the legal liability of compensation. Legal relief obligations can be statutory, such as between husband and wife, between father and son of the relief obligations, can also be caused by prior acts. For example, when a person is engaged in an activity or in a certain environment on the basis of a common will, one party faces personal danger, and the other party should give assistance within its power. The assistance between the partners is an obligation on the tort law. In the judicial practice, if the partners do not carry out the rescue, they generally bear the corresponding liability.