The young man jumped from a building and killed his grandparents and grandchildren. His parents were sentenced to 1.06 million compensation in the second instance, claiming that they would apply for a protest against the grandparents and grandchildren: t

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 The young man jumped from a building and killed his grandparents and grandchildren. His parents were sentenced to 1.06 million compensation in the second instance, claiming that they would apply for a protest against the grandparents and grandchildren: t


Mr. Chen, the son of Ms. Zhou, talks about what happened in the past year

Although the amount of the second trial compensation has decreased, Mr. Hous parents still said they would like to pay, but they can not afford so much money, and the amount of compensation they can afford is about 700000 yuan.

In response, Mr. Chen, Xiao Chens father, said that he had made the biggest concession after understanding the property situation of the other party. Mr. Hous parents are less than 50 years old and have two houses in Meishan City, as well as a shop and land compensation. Even if the compensation is 1.06 million, there is also housing and living security. After the incident, they didnt come to us or apologize. After the second trial, they said they were willing to mediate, but we havent made a statement, so they applied for a retrial. Mr. Chen said he hoped that the court could deal with the end as soon as possible, so as not to let them be immersed in grief.

At present, the Sichuan Provincial High Court has rejected Mr. Hous parents request for retrial. But its agent said that it would apply to the relevant departments to file a protest.

Red Star News reporter learned from Meishan Dongpo District Court that the house of the person (Mr. Hous parents) has been sealed up by the court according to law, and the others are in the normal execution procedure.

Tragedy happened:

His parents were fined 1.52 million yuan in the first instance

On October 20, there was a light rain in Meishan City. It was located at unit 1, building B1 of a community on Minjiang Avenue. Some plastic on the corridor had been damaged, and people came in and out. Only when asked, can some people remember the tragedy of falling from a building in the community more than a year ago.

On June 1, 2019, Ms. Zhou, who lives in the neighborhood, walks along the road with her grandson, Xiao Chen. When the grandparents went to building B1, they were hit by Mr. Hou, who jumped off the 33rd floor. Mr. Hou and Xiao Chen died on the spot, and Ms. Zhou was seriously injured, and the treatment was invalid after 6 days of medical treatment.

After the incident, the two sides failed to negotiate. Ms. Zhous husband and Xiao Chens parents filed a lawsuit against Mr. Hous parents, demanding that the other party compensate Ms. Zhou and Xiao Chens personal injury in Mr. Hous estate, totaling more than 1.5 million yuan. Mr. Hous parents should bear the insufficient part of the inheritance compensation, and the property company should bear 20% of the supplementary liability.

In December 2019, the Dongpo District Court of Meishan city held a public hearing to adjudicate the two cases. Who should be the focus of the dispute? Should the property management company bear 20% supplementary responsibility?

After hearing, the court held that Mr. Hou suffered from schizophrenia before his death, and his treatment improved. After he left the hospital, he had been in the outpatient department of the hospital for follow-up visits, and had been taking drugs for the treatment of schizophrenia (paranoid). Moreover, the hospitals discharge doctors advice stated that the patient might have unexpected accidents due to unstable condition, so he required to strengthen monitoring.

Combined with his illness and behavior before the incident, the court presumed that Mr. Hou was a person with no or limited capacity for civil conduct at the time of the incident. When Mr. Hous parents, as their guardians, found that he was in a poor mental state more than ten days before the incident, they did not send him to the hospital in time to perform the corresponding guardianship duties and failed to fulfill the guardianship responsibility. Therefore, the damage caused by Mr. Hous tort should be borne by his parents. The property company is not the infringer of the case, and does not know that Mr. Xiaohou is suffering from schizophrenia and will not be responsible for the accident.

The court decided in the first instance that Mr. Hous parents compensated Ms. Zhous husband and Xiao Chens parents a total of 1.52 million. Later, Mr. Hous parents appealed.

Judgment of second instance:

The parents have done their duty of guardianship

Take 70% of the responsibility and change the judgment to 1.06 million yuan

On October 21, 2020, the Red Star News reporter looked at the judgment from the China judicial document website and learned that Mr. Hous parents appealed to the Meishan intermediate peoples court for rescinding the original judgment and changing the judgment. He was only liable for compensation within the scope of inheriting Mr. Hous legacy.

Meishan intermediate peoples court held that although Mr. Hous parents did not recognize the facts claimed by Ms. Zhous family, the evidence provided could not prove that the original judgment was correct and the appeal grounds of Mr. Hous parents could not be established.

Meishan intermediate hospital believes that since Mr. Hous schizophrenia was diagnosed in 2016, his parents, as the guardian of Mr. Hou, will send him to the hospital for treatment when he has abnormal mental state, and after discharge, he will also follow the doctors instructions and send him to the outpatient clinic for follow-up, and purchase drugs for the treatment of schizophrenia to urge him to take it. Considering the fact that Mr. Hou is an adult, has participated in work, can earn his own living through labor, is introverted and has no tendency of violence. Since he was diagnosed with schizophrenia, he has not suffered from self injury or personal injury in more than three years. Moreover, as his parents, who are also engaged in security or other work for the sake of their families, they should not be required to bear the responsibility of guardianship It can be concluded that he has fulfilled his duty of care as a parent of a schizophrenic patient and has done his duty of guardianship. It is more in line with the tort liability law to reduce the tort liability of Mr. Hous parents. Therefore, it is decided that Mr. Hous parents should bear 70% of the loss caused by the death of Ms. Zhou and Xiao Chen respectively. The compensation shall be paid within the scope of Mr. Hous property, and the insufficient part shall be compensated by his parents.

To sum up, the facts of the original judgment are basically clear, and the applicable law is correct. However, there is something wrong in determining whether Mr. Hous parents fulfill their guardianship responsibilities. Meishan intermediate peoples court corrected it. According to relevant laws, the court ruled that Mr. Hous parents respectively compensated Ms. Zhous husband and Xiao Chens parents with a total of 106463916 yuan.

Family members:

I dont know why my son jumped out of the building

Im willing to apologize for compensation, but I cant get 1.06 million yuan

Although the amount of compensation is less than 400000 yuan compared with the first instance judgment, Mr. Hous parents said that they did not know the reason for their sons jumping off the building. Although they were willing to compensate, they could not provide so much money, and said that the amount they could compensate was about 700000 yuan.

Under the leadership of Mr. Hous parents, Red Star News reporters came to their temporary residence in the countryside. The small courtyard was not big, but it was a long time ago. Almost all the houses were yellow mud.

Mr. Hous parents, who live in the countryside, are with their agents

Mr. Hous parents shed tears several times when they talked about it

Hou Yonghong said that before, the whole family worked outside. At the end of 2018, considering that the son is of marriageable age, the whole family returned to Meishan from other places. The son has not found a suitable job, so he has been at home for a long time, often helping with the housework and sometimes going out to buy vegetables.

Hou Yonghong recalled that on June 1, last year, at noon on the day of the incident, his son, as usual, prepared meals and asked him to get up and eat. At about 5:00 p.m., the son was not abnormal. His wife and son, who came back from work, said hello to him and asked him if he would eat watermelon. He shook his head and entered the room. He went into the kitchen and planned to order again.

Did not expect, only two or three minutes, the community noise around, Hou Yonghong this found that his son jumped, also hit the downstairs walking grandparents. At that time, he was going to make the last dish

Hou Yonghong said that after the incident, the two sides had a coordination, but due to the difference in the amount of compensation and other aspects, both sides went to court.

My wife and I are both farmers. We used to work. After this incident, we didnt go to work, so we were busy in court and appeal. We didnt go to work and had no income. At present, our house on Minjiang Avenue, a house to be demolished and a land compensation of more than 200000 yuan have been frozen. It has happened and we are willing to apologize to them, Hou said. As for compensation, we are willing to make full compensation within our ability. But we really cant take out the 1.06 million yuan.

The only son died, but also to pay so much money, we are both victims. In the conversation with the Red Star News reporter, Mr. Hous mother Deng Jinhua wept several times.

Deng Jinhua is standing by the window of her sons jumping off the building

Deng Jinhua said several times that he hoped to discuss with the other party to see if he could make some concession in the compensation amount. The compensation amount we can bear is about 700000 yuan. In addition to the frozen 200000 yuan, we can also give them the house in this community on Minjiang Avenue.

Grandparents and grandchildren:

The other side is not sincere

I hope to finish this matter as soon as possible and start a new life

Mr. Hous parents moved out of the community because of this. On the other side, Ms. Zhous son and daughter-in-law also moved out of the community and rented a house outside. The reason is also that they are afraid of touching the scene.

Yes, both of us are victims, but we are totally innocent victims. Ms. Zhous son, Mr. Chen, said, over the past year, I have lost more than 30 jin. I go to bed almost at two oclock every night. I lost my favorite mother and son. What is hard to accept is that this matter has not been solved, which can be regarded as suffering. I dont dare to express my sadness in front of my lover. Occasionally I have other thoughts, but I also carry the thought that my family still needs to be taken care of.

Mr. Chen told Red Star news that after the incident, they had a mediation with each other, but it was the only mediation.

They never contacted us on their own initiative and did not say an apology, so we took them to the court. We believe that the court will give us a more satisfactory reply. The first trial awarded more than 1.5 million compensation, and the other party continued to appeal to the (Meishan) middle court. During this period, relatives and friends have given us a lot of care in order to let us out of this shadow as soon as possible. We are the party with no fault at all, but we also understand that they lost their relatives. After knowing the property of the other party, we made the biggest concession, and the compensation was reduced from more than 1.5 million to 1.06 million. Mr. Chen said, Mr. Hous parents are less than 50 years old, and have at least two houses in Meishan City, as well as a shop and land compensation. According to our understanding of their financial situation, (after they paid 1.06 million compensation), they can at least have a house, which can guarantee their basic living.

Knowing that Hous parents request for retrial was rejected, Mr. Chen said: I hope the court can solve this matter as soon as possible. We dont want to open the scar any more. I believe that the court will put an end to it fairly and fairly, and we can start a new life.

Latest progress:

The house of the parents of the boy who jumped from the building has been sealed up by the court according to law

For Mr. Chen and others said that Mr. Hous parents have compensation ability, Red Star News reporter contacted Hou Yonghong again. During the communication, Hou Yonghong repeatedly said that he was willing to make compensation and settle the matter as soon as possible, but he could only make compensation about 700000 yuan, and could not take out any more money.

Hou Yonghong admitted that he had a house in a community on Minjiang Avenue in Meishan, a resettlement house in Mindong New District, and a 30 square meter (resettlement) shop, plus more than 200000 yuan of land compensation, but they were all frozen. Parents have a set of housing, but they are not involved in this..

Hou Yonghong explained: the resettlement housing may only be worth more than 300000 yuan, and the shops may be worth more than 200000 yuan. I dont know when the house will be sold out. We can only say that as soon as possible, we dont have high requirements. (after giving them more than 700000 yuan), we can have a house to live in and have life security.

The Red Star News reporter inquired several housing agencies in Meishan, and learned that the house (more than 90 square meters with decoration) of Mr. Hous parents in a community on Minjiang Avenue in Meishan was about 600000 yuan, and the value of jumping out of the building was about 500000 yuan, and the resettlement house in Mindong new area (more than 120 square meters) was about 400000 yuan. Mr. Hous father claimed that the shop was worth more than 200000 yuan, and there was also more than 200000 yuan of land compensation.

As for Hou Yonghongs statement that he could only compensate for more than 700000 yuan, Mr. Chen said that there was no basis for reconciliation and that it was still waiting for the court to implement it.

In addition, in response to Mr. Chens claim that Mr. Hous parents are willing to mediate and apply for retrial at the same time, Hou Yonghong said that at that time, the application for retrial was submitted before the court organized mediation.

On October 20, the Red Star News reporter learned from the Dongpo District Court of Meishan city that at present, the house of the person subjected to execution (Mr. Hous parents) has been sealed up by the court according to law, and the others are in the normal execution procedure.

If the compensation is insufficient, the parents shall compensate them

Reconciliation or the best solution

Deng Qing, a lawyer of taihetai law firm, said that there was a basis for the court of second instance to make a reduction or exemption judgment (although the situation is unknown at the time of the incident), it is also possible for the court to make reasonable inferences on a certain basis.

Mr. Hous parents will continue to apply to the relevant departments for protest. Deng Qing said that the Sichuan Provincial High Court has rejected the application for retrial, but Mr. Hous parents have the right to apply for protest.

Wang Xinnian, director of Sichuan Xinnian law firm, said both sides were victims in this sad incident. If there is effective evidence to prove that he is a person with no capacity for civil conduct or a person with limited capacity for civil conduct, his parents should be his guardian if he has no spouse.

In addition, Article 32 of the tort liability law (article 1188 of the civil code) stipulates that if a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear the liability for infringement. If the guardian does his duty of guardianship, his tort liability may be reduced. If a person with property without or with limited capacity for civil conduct causes damage to others, he shall pay compensation from his own property. The insufficient part shall be compensated by the guardian.

Wang Xinnian believes that according to Article 32 of the tort liability law, if Mr. Hou has property, the above compensation should be paid from his own property, and the insufficient part of the guardian should be compensated.

(function(){( window.slotbydup=window .slotbydup||[]).push({id:u5811557,container:ssp_ 5811557, async:true }According to Article 32 of the tort liability law, if a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear the liability for infringement. If the guardian does his duty of guardianship, his tort liability may be reduced. The court can reduce the guardians tort liability by 30%, that is, the guardian only needs to bear 70% of the liability, that is, from 1.52 million to more than 1.06 million. This is a way of bearing responsibility stipulated in the tort liability law of our country, and the judgment of the second instance will take effect as soon as it is made. If Mr. Hou has an estate or his parents have property, they should actively implement the effective legal documents. Of course, for the families of both sides, the tragedy has happened, and perhaps the best solution is to reach a settlement between the two sides. A man who jumped from a building and killed his grandparents was sentenced to one million yuan_ NB12814

Wang Yingzhan, a lawyer from Sichuan Zongmu law firm, believes that according to Article 32 of the tort liability law, if a person with no or limited capacity for civil conduct causes damage to others, the guardian shall bear the liability for infringement. If the guardian does his duty of guardianship, his tort liability may be reduced. The court can reduce the guardians tort liability by 30%, that is, the guardian only needs to bear 70% of the liability, that is, from 1.52 million to more than 1.06 million. This is a way of bearing responsibility stipulated in the tort liability law of our country, and the judgment of the second instance will take effect as soon as it is made. Mr. Hou, if you have a legacy, you have to fulfill the law. Of course, for the families of both sides, the tragedy has happened, and perhaps the best solution is to reach a settlement between the two sides.

A man who jumped from a building and killed his grandparents was sentenced to one million yuan