The wife is insulted by the neighbor's eldest sister, and the husband comes to the door to say that he has been injured and detained for 7 days?

Recently, the People's Court of Kaili City, Guizhou Province, heard a dispute over the right to life, health and body.

(Source: China Judgment Documents Network)

According to the judgment documents, the plaintiff Liu Ke (pseudonym) and the defendant Jin Yan (pseudonym) are neighbors on the same floor. Because the Jinyan family occupied the public passage to pick up the corridor, the fire door was changed to the entrance door of his own home, which caused Liu Ke to be dissatisfied. In addition, Liu Ke's family put the dogs they raised on the corridor in front of the door from time to time to play, which also caused Jin Yan's disgust.

On April 1, 2020, Jin Yan and Liu Ke met in the elevator, and the two argued over whether Jin Yan insulted Liu Ke's wife Liu Ling. That night, Liu Ke knocked on the door of Jinyan's house and asked Jinyan why he framed her, and the two sides quarreled and called the police.

On July 6, 2020, Liu Ling met Jin Yan at the door of the community on her way to work, and Jin Yan insulted Liu Ling and caused an argument. Because Liu Ling was busy at work, she told her husband Liu Ke about the situation.

Liu Ke went to Jin Yan's house and knocked on the door after hearing about it, wanting to ask Jin Yan why she insulted Liu Ling. Because there was no movement in Jinyan's home, Liu Ke returned. More than ten minutes later, after Liu Ke heard Jin Yan's house open and close, he knocked on Jin Yan's house again and used his mobile phone to shoot.

After Jin Yan opened the door, he asked Liu Ke, "What do you do when you knock on my door?" "While poking and hitting Liu Ke with a clothes rail. After Liu Ke grabbed the clothes rail, Jin Yan turned around and took out a half-cut cement brick from the house and hit Liu Ke's left hand. After the 110 police, the situation calmed down. At about 11:00 a.m., Liu Ke went to qiandongnan Prefecture Hospital of Traditional Chinese Medicine for outpatient examination, and the results were: swelling of the left forearm; a scratch on the back side of the forearm about 2 cm long, without obvious bleeding; and old fracture of the left ulnar stem process.

On July 22, 2020, the Kaili Municipal Public Security Bureau issued an administrative punishment decision, finding that Liu Ke repeatedly knocked on the door of Jinyan's home to harass Him, which had a great impact on Jinyan's family life, and gave Liu Ke administrative detention for 7 days (the administrative act has been sued).

On July 31, 2020, the Kaili Municipal Public Security Bureau issued an administrative punishment decision, finding that when Jinyan was knocked on the door of his home by Liu Ke for no reason on the morning of July 6, 2020, he hit Liu Ke with a clothes drying stick and smashed liu Ke's left hand with a brick, giving Jinyan an administrative fine of 500 yuan.

After that, Liu Ke believed that Jinyan's beating behavior seriously violated his legitimate rights and interests, so he filed a complaint with the Kaili Municipal People's Court in Guizhou Province, requesting the court to deal with it according to law.

After trial, the people's court held that Liu Ke learned that his wife was insulted by Jin Yan and went to Jin Yan to ask why, which was beyond reproach. However, Liu Ke's method of coming to the door is debatable. Shooting the process with a mobile phone while knocking on the door, this practice has gone beyond the normal communication and exchange between neighbors, and it is indeed not advisable. Because the residence belongs to the private space of the citizen, photographing the residence of others without permission is an act of disrespecting the rights of others. Secondly, after Jin Yan opened the door, he used a clothes rail to poke and hit Liu Ke without asking, and even hit Liu Ke's limb with a brick, causing Liu Ke's left arm to be injured and swollen, and his behavior did not belong to the scope of legitimate defense, and he should bear tort liability.

In view of the fact that Liu Ke's method of handling the problem was also wrong, and there was a certain fault in the occurrence of this case, the court ruled that Jinyan was liable for 80% of the medical expenses.

Xiaoxiang Morning News reporter Zhong Ming

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