On September 6, Jinhua Traffic Police Corps visited stores, called on the same day monitoring, identified Mr. Caos fall as a unilateral accident, assume full responsibility for the accident.
Surveillance video shows Mr. Cao falling down as a unilateral accident.
On September 9, Mr. Teng posted on Zhejiang Zhonglian Online, saying that he would sue Mr. Cao, and demanded an apology and a compensation of 1 yuan for mental loss. He told Red Star News: the cost of getting people wrong is too low. Thats the reason why I prosecute.
According to Peng Mei News, on the morning of September 14, the court of Wucheng District of Jinhua City accepted the dispute between Mr. Teng and Mr. Cao about the damage caused by volunteer acts. The plaintiff asked the court to order the defendant to publish an apology on the non-advertising page of Jinhua Daily, covering an area of not less than 6 cm * 9 cm, and to compensate for mental damage by 1 yuan.
Caos son said that when his father couldnt judge whether Mr. Teng hit himself, it was reasonable to call the police. They finally accepted the final findings of the traffic police. Mr. Cao denied that he wanted to lose money.
Zhu Bao, a lawyer, told Red Star News that the social significance of the suit was even more important. It is indeed a social progress to protect the legitimate rights and interests of those who do good deeds through judicial intervention. In the future, we have strong judicial support when we act righteously.
Disputes between the two sides --
Mr. Teng: the wife of the wounded is determined. I am the troublemaker.
On the afternoon of September 2, Mr. Teng rode an electric bicycle to work. On the non-motorized lane of Jiefang West Road crossing Shuanglong North Street, he noticed that the motor vehicle in front of him was inclined to turn right in front of the block, so he slowed down normally. Suddenly he heard a shrill sound of brakes behind him. Turning his head, he saw a man sliding to his side.
The man who fell was Mr. Cao, 48 years old. Mr. Teng quickly stopped and asked if he had anything to do. He stood up and walked to the side of the road. I lifted his electric car and pushed it to the side of the road to stand. He also said thank you to me. Mr. Teng told Red Star News.
Then there were passers-by rushing up to say that I bumped into it. I did not speak, and took out my cell phone to shoot. The passerby began to curse me for being immoral. Mr. Cao did not speak during the period. Only the passerby insisted that I hit it. In fact, I am very calm, because I know that monitoring, monitoring can return my innocence. I said to Mr. Cao, if you think I did not bump into it, I would go to work. If you think I hit it, you call the police. Mr. Cao called the police. Mr. Teng said. After the alarm, the passers-by left.
Lu Qi, deputy director of propaganda section of the traffic police detachment of Jinhua Public Security Bureau, told Red Star News that traffic police arrived at the scene around 2 p.m. and both sides of the accident were on the scene. Mr. Teng said there was no crash, but some people said that Mr. Teng had overtaken him and bumped into Mr. Cao. Lv Qi told Red Star News. Mr. Caos family arrived and sent Mr. Cao to the hospital.
When the surveillance around the nearby section failed due to road construction, Mr. Teng began to panic: How can I prove innocent without surveillance? Plus, the former passerby always said that I bumped into it. After hearing that there was no surveillance, his wife also insisted that I was the perpetrator, scolding very ugly, saying I had no conscience, did not pay medical fees, did not go to the hospital to see him.
Mr. Teng explained that he dared not go to the hospital to see Mr. Cao. There is a divine logic that if you didnt bump into him, why did you go to the hospital to see him in vain?
The traffic police decided that Mr. Caos fall was a unilateral accident and he was responsible for all the accidents.
The two sides immediately accepted the findings of the survey.
In September 9th, Mr. Teng posted a post at the local forum Zhejiang Zhong online, saying he wanted to prosecute Mr. Cao, who had lost money. Mr. Cao was asked to make a public apology and compensate him for mental damage of 1 yuan.
Mr. Teng posted a message at the forum, thanking the traffic police for being innocent. He said he wanted to prosecute the injured website.
I think he called the police to make sure I hit him. I heard that when monitoring was bad, I was very anxious because I was probably not clean. Those two days I checked the related cases on the Internet, and let my friends help me figure out the track of action, speed and so on. If I am finally found to be responsible, I need to pay nutrition fees and so on, as well as the cost of work delays, according to Jinhuas wage standards, at least 3000 yuan a month, I do not know how much to compensate. My days are not angry or grieving, but fear.
The truth is revealed.
Now Mr. Cao is still in the hospital, his lungs broke, the cartilage of the first rib injured, can not walk down, speech is more difficult.
Mr. Caos son, Cao Zhun (not his real name), told Red Star News that they had never thought of subjectively and deliberately blackmailing Mr. Tengs money.
It happened very urgent that day. Under normal circumstances, a person riding a good bike suddenly fell, subjective judgment should be caused by external forces. My father couldnt tell why he fell down. Its normal for both sides to stick to the same word after the accident. The traffic police can only tell. Cao Zhun told Red Star News.
As for whether Mr. Caos wife abused Mr. Teng, Cao Zhun explained this way: My father was very anxious to be hospitalized by my mother, and the attitude of the other side was actually not good, saying you were not the party why did you intervene and so on. My mother was angry and angry. But we fully accepted the findings of the traffic police, and my mother apologized to Mr. Teng.
I didnt think he thought we were losing money. I think he thought too much. He was persecuted. Cao Zhun said.
When Cao Zhun learned that Mr. Teng was going to sue, he made more than a dozen phone calls to Mr. Teng. Later, when he answered, I kept apologizing and said that he could make a list of what compensation he wanted. We all accepted it.
The social significance of Mr. Tengs prosecution is remarkable.
Hongxing news interviewed lawyers about Mr. Tengs prosecution.
Fu Jian, a lawyer from Henan Yulong Law Firm, holds that Article 183 of the General Provisions of the Civil Law, if the infringer is liable for the damage caused to himself by protecting the civil rights and interests of others, the beneficiary may make appropriate compensation. If there is no infringer or infringer escaping or unable to bear civil liability and the victim requests compensation, the beneficiary shall give appropriate compensation. In addition, on the basis of the principle of fairness in the civil law, the young man should pay for taxi fares, Trailer fees, work delays, and the injured should be properly compensated. The young man charged the wounded with a mental loss fee of $1, which was not very expensive. But if the court supports him, it will serve as a warning to the society about the phenomenon of porcelain blackmail. Afraid to help fall behind the old man, he is afraid of being blackmailed. If the blackmailer is allowed to bear a certain blackmail responsibility after the facts have come to light, then the worries of the volunteer will be much less.
Zhu Bao, a lawyer from Beijing Dacheng (Harbin) Law Firm, thinks that Mr. Tengs prosecution of the injured is an encouraging act. I think the prosecution outcome is not important in the future. After the Peng Yu case, there are many discussions on the question of lifting. If the legal rights and interests of those who do good deeds are protected through judicial intervention, it is indeed a social progress. In the future, we have strong judicial support. His first claim for an apology must be supported by the fact that the words and deeds of the injured have led to a decline in social evaluation of the volunteers. The second spiritual loss is symbolic, and I think it can be supported. After the reduction of social evaluation, the heroic spirit is really under mental pressure. The results need to be looked at again. Mr. Caos claim does not belong to extortion, said Pang Jiulin, director of Beijing Chunlin Law Firm. In this case, Mr. Cao did not know whether Mr. Teng hit himself and asked for compensation from him. It did not constitute infringement, was permitted by law and did not belong to extortion. The source of this article: Red Star News Editor: Zhang Xianchao _NN9310
Zhu Bao, a lawyer from Beijing Dacheng (Harbin) Law Firm, thinks that Mr. Tengs prosecution of the injured is an encouraging act. I think the prosecution outcome is not important in the future. After the Peng Yu case, there are many discussions on the question of lifting. If the legal rights and interests of those who do good deeds are protected through judicial intervention, it is indeed a social progress. In the future, we have strong judicial support. His first claim for an apology must be supported by the fact that the words and deeds of the injured have led to a decline in social evaluation of the volunteers. The second spiritual loss is symbolic, and I think it can be supported. After the reduction of social evaluation, the heroic spirit is really under mental pressure. The results need to be looked at again.
Mr. Caos claim is not extortion.
Pang Jiulin, director of Beijing Chunlin Law Firm, said that in the case, Mr. Cao did not know whether Mr. Teng had hit himself and demanded compensation from him, which did not constitute infringement, was permitted by law and did not belong to extortion.