The first case of the application of the “Civil Code” was pronounced in many places across the country
Market Information Net 2021-01-05 10:19:36 Source: Xinhua Net Comment:
Throwing objects at high altitude caused injuries, who was responsible for playing badminton and was hit in the eye, telling golfers whether they could be supported
The first case of the application of the “Civil Code” was pronounced in many places across the country
Beijing Chaoyang Court applied the “Civil Code” to pronounce the trial scene of the first “self-willed risk” case
The “Civil Code” is called “the encyclopedia of social life”. January 4th was the first working day after the implementation of the Civil Code. The reporter found that courts across the country had pronounced a number of first cases after the implementation of the Civil Code. Among them, the Environmental Resources Tribunal of the People’s Court of Fuliang County, Jiangxi Province publicly pronounced the verdict The People’s Court of Yuexiu District, Guangzhou City pronounced the first case of throwing objects at height after the implementation of the Civil Code; Beijing Chaoyang Court applied the Civil Code and pronounced the first case of “self-willing risk” “case.
Jiangxi
Pollution of water source by dumping sodium sulfate waste liquid
The company was sentenced to punitive damages
The Fuliang County People’s Court found that between March 3, 2018 and July 31 of the same year, the defendant, Hailan Company’s production department manager, Wu Moumin, handed over the sodium sulfate waste liquid produced by the company to Wu Mou, who is not qualified for hazardous waste disposal. In Liang treatment, Wu Moliang hired Li Moxian to transport 30 trucks of 1124.1 tons of sodium sulfate waste liquid to Bajiaojing, Shouan Town, Fuliang County, and the hills of Dongkou Village, Xianghu Town, Fuliang County. The environment in the area of about 8.08 mu around the Bajiaojing of the town and the surface water in the Dongkou Group of Dongkou Village, Xianghu Town, Fuliang County were polluted, which hindered the drinking water of more than 1,000 local people.
The court held that the defendant, Hailan’s manager of the production department, Wu Moumin, illegally handled the sodium sulfate waste liquid produced by the company, and his behavior should be deemed to be an official act. The court ruled that the defendant Hailan Company should pay more than RMB 2.8536 million for ecological environment restoration costs, environmental functional loss costs, emergency treatment costs, inspection fees, and appraisal costs, and bear more than 171,000 yuan of punitive damages for environmental pollution. At the same time, the defendant Hailan was ordered to pay more than RMB 171,000. Apologize to the public for his environmental pollution.
It is reported that this is the first case in the country to apply the punitive compensation clause of Article 1232 of the Civil Code (new legal norms) for environmental pollution.
By case
Effectively deter intentional environmental pollution
From January 1, 2021, the “Civil Code” will come into effect. In the “Civil Code” Chapter 7 Tort Liability and Chapter 7 Environmental Pollution and Ecological Damage Liability, punitive damages clauses are provided for the first time. Article 1232 of the Civil Code stipulates that if the infringer deliberately pollutes the environment or damages the ecology in violation of the law and causes serious consequences, the infringed person has the right to request corresponding punitive compensation.
Wang Canfa, a professor at China University of Political Science and Law and director of the Environmental Resource Law Research and Service Center of China University of Political Science and Law, said that the “Civil Code” stipulates punitive damages for environmental pollution and ecological damage, which has obvious deterrent effects in cases of deliberate environmental pollution and ecological damage. . In the past, environmental pollution or ecological damage infringement was not enough for infringers to compensate for their losses and restore the environment. Now that punitive damages are stipulated, these violations can be effectively deterred.
In addition, punitive damages are also a kind of comfort and compensation for the victims.
Beijing
Old man injured playing badminton and sued his golfer
The court dismissed all its claims
Mr. Song, who was over seventy years old, met with people in the park, but was hit by a badminton game played by his friend Mr. Zhou and injured his right eye. Mr. Song sued his friend Mr. Zhou to the court on the grounds of physical rights, demanding compensation for medical treatment. Expenses, nursing expenses, hospital food subsidies and other expenses. Yesterday, the Beijing Chaoyang Court opened a court session to hear the case and pronounce the verdict in court.
It is reported that at 9 a.m. on April 28, 2020, Mr. Song Lao, Mr. Zhou and the other four played a badminton 3V3 game in the Red Scarf Park. During the game, Mr. Song was hit in the right eye by a badminton hit by Mr. Zhou. After the incident, Mr. Song was accompanied by Mr. Zhou to the hospital. After that, Mr. Song was diagnosed with dislocation of the intraocular lens of the right eye and hemorrhage in the anterior chamber and was hospitalized for four days. The diagnosis certificate issued by the hospital showed that Mr. Song saw optic nerve atrophy in the right eye before the operation, and the best corrected visual acuity of the right eye was 0.05 after optometry for more than 5 weeks after the operation.
Mr. Song Lao sued Mr. Zhou to the Chaoyang Court, demanding compensation of more than 8,000 yuan for medical expenses, nursing expenses, hospital food subsidies and nutrition expenses.
The defendant, Mr. Zhou, denied this, saying that Mr. Song was in his seventies. Before his injury that day, Mr. Song had played for 50 minutes and participated in three games. He should know whether his physical condition is suitable for continuing to participate in the competition. And its risks. At the time of the incident, Mr. Zhou was located in the middle and back of the field. There was no gravity smash and he was tied. There was no fault and he should not be held responsible.
The court ruled that Mr. Song Lao’s badminton should be regarded as a “self-willed risk” stipulated in the Civil Code. Mr. Zhou did not have intentional or gross negligence in the result of Mr. Song’s injury and should not be held responsible and rejected all his claims.
This case is the first case in which Beijing Chaoyang Court applied a civil code judgment.
By case
Engaged in badminton is recognized as “self-adventure”
The court held that as to whether the plaintiff’s actions constituted a self-willed risk, the Civil Code stipulates that voluntary participation in cultural and sports activities with certain risks, and the victim shall not request other participants to bear tort liability if the actions of other participants are harmed; however, Except if other participants have intentional or gross negligence in the occurrence of damage.
Badminton is a typical antagonistic sport. In addition to the risks of sprains and strains, the more prominent risk is that the contestants are easily hit by badminton. As a badminton enthusiast who has participated in badminton for many years, the plaintiff should recognize and foresee the abilities of himself and other participants and the dangers of this sport, but he still voluntarily participates in the competition and shall be regarded as self-willing to take risks.
In this case, only if the defendant has intentional or gross negligence, he shall be liable for tort damages, otherwise he shall not be liable.
Self-willing to take risks is a new rule formally established in the “Civil Code” tort liability. The “Civil Code” strictly limits the application of the self-willing risk rule, stipulating that it applies to cultural and sports activities with a certain degree of danger, and only applies to damage caused by the actions of participants, and cannot be accompanied by the provision of fair sharing of losses. Be applicable.
Guangdong
A child throws a body at high altitude and frightens pedestrians and falls down
Parents sentenced to compensation of more than 90,000 yuan
On January 4, the People’s Court of Yuexiu District, Guangzhou City pronounced the first case of parabolic objects after the implementation of the Civil Code. After deliberation, the collegiate panel ruled that the defendant should pay the plaintiff’s medical expenses, nursing expenses, transportation expenses, hospital food subsidies, disability compensation, and appraisal fees totaling 82512.29 yuan, and mental damage comfort money of 10,000 yuan.
On the afternoon of May 26, 2019, the plaintiff Yu was walking in the garden of his home. When he passed the defendant downstairs, the child from the defendant Huang’s family dropped a bottle of mineral water from the balcony of the house on the 35th floor, and the water bottle fell beside Yu. Cause it to startle and fall. After calling the police, Yu was sent to the hospital for treatment. The next day, the relatives of the plaintiff and Huang checked the monitoring together, and after confirming the infringement facts, both parties signed a confirmation letter confirming that the mineral water was thrown from the balcony by the defendant’s child. After the agreement was signed, the defendant paid 10,000 yuan to the plaintiff to show compensation.
The court found that the plaintiff was frightened and injured by a water bottle thrown down from a height while walking. Although he did not directly hit the plaintiff, it was extremely dangerous and caused the plaintiff to fall to the ground and become disabled. If there is a direct causal relationship, the defendant shall bear the liability for compensation.
According to Article 19 of the “Several Provisions of the Supreme People’s Court on the Validity of the Application of Time”, before the implementation of the Civil Code, the civil law shall apply to civil disputes arising from damage to others caused by objects thrown from buildings or objects falling from buildings. According to Article 1254 of the Code, the Civil Code shall apply to this case.
The court ruled that the defendant should compensate the plaintiff for medical expenses, nursing expenses, transportation expenses, hospital food subsidies, disability compensation, appraisal fees, and mental damage relief payments of more than 90,000 yuan.
By case
The high-altitude projectile is serious or constitutes a crime
The Civil Code absorbs the spirit of the Tort Liability Law and the “Opinions on Properly Trial of Cases of Throwing Objects and Falling Objects from Heights” issued by the Supreme People’s Court in 2019, and pushes the protection of high-altitude safety to a whole new level. Throwing objects in the middle, deciding the civil liability for damage caused by throwing objects at high altitudes and falling objects at high altitudes, as well as regulations on the security responsibility of property service companies and the investigation responsibility of public security organs.
The implementation of the “Civil Code” plays an important role in curbing the occurrence of parabolic behavior at heights and protecting the people’s lives and property. In addition to civil liability, if you deliberately throw objects from a height, the circumstances are serious, it may also constitute a crime. The previously promulgated Criminal Law Amendment (11) also further stipulates that the seriousness of high-altitude throwing constitutes a crime and bears criminal responsibility, and the responsible person needs to pay a higher legal price. (Reporter Li Tiezhu Zhao Jiaqi Coordinating / Jiang Shuo)
Editor in charge: Liu Yuan
.
