Today, Jiang Ge's mother, Jiang Qiulian, posted a video on her personal Weibo saying that she accepted the verdict of the first-instance judgment in the case of "v. Liu Nuanxi (formerly known as Liu Xin) dispute over the right to life" and decided not to appeal.
Jiang Qiulian said in the video that this judgment result was expected by me, although I was not satisfied with the amount of compensation awarded, the purpose of my lawsuit against Liu Nuanxi was not how much compensation, so I respected the judgment of the Chengyang District People's Court.
Jiang Qiulian said that this verdict carries a temperature that deeply touched me. What it praises and condemns is the understanding and comfort of my experience in the past few years, and it also sets a bellwether for the whole society.
Review of the contents of the judgment
Recently, the People's Court of Chengyang District, Qingdao City, Shandong Province, rendered a first-instance judgment on the dispute over the right to life between the plaintiff Jiang Qiulian and the defendant Liu Nuanxi (formerly known as Liu Xin): The defendant Liu Nuanxi compensated the plaintiff Jiang Qiulian for various economic losses of 496,000 yuan and a consolation payment for mental damage of 200,000 yuan within ten days of the effective date of the judgment, and bears all the case acceptance fees.
On November 3, 2016, Jiang Qiulian's only daughter, Jiang Ge, was killed in Tokyo, Japan, by Liu Nuanxi's ex-boyfriend Chen Shifeng. Liu Nuanxi is Jiang Ge's hometown and friend when he studied in Japan. More than two months before the crime, Liu Nuanxi asked Jiang Ge for help because Chen Shifeng did not agree to break up with him, and Jiang Ge agreed to live with her.
At about 15:00 on November 2, 2016, Chen Shifeng found the apartment where Liu Nuanxi and Jiang Ge lived, and went to the door to pester, Liu Nuanxi asked Jiang Ge for help. Jiang Ge proposed to call the police, and Liu Nuanxi dissuaded him on the grounds that the shared apartment violated local laws and did not want to make things bigger, and asked Jiang Ge to come back to help break the siege. Jiang Ge returned to the apartment to persuade Chen Shifeng to leave.
After that, Jiang Ge returned to school, and Chen Shifeng continued to follow Liu Nuanxi and send him threatening messages. In order to get rid of his entanglement and ask his colleagues to act as boyfriends, Chen Shifeng left angrily and sent a message to Liu Nuanxi, saying that "I will be desperate." During the period, Liu Nuanxi did not inform Jiang Ge of Chen Shifeng's entanglement and intimidation.
At about 23:00 that night, Liu Nuanxi felt scared and asked Jiang Ge to wait for her at the subway station to return to the apartment through WeChat. At about 00:00 on November 3, the two of them converged and returned to the apartment at the same time. The two entered the aisle on the second floor of the apartment beforehand, chen Shifeng, who was ambushed on the upper floor in advance, rushed to the second floor with a knife, encountered and had an argument with Jiang Ge who was walking behind, during which Liu Nunxi, who was walking in front, opened the door, entered the room first and locked the door. Outside the apartment door, Chen Shifeng stabbed Jiang Ge in the neck with a fruit knife and stabbed him more than ten times, and then fled the scene. Liu Nuanxi called the police twice in the house. Jiang Ge lost too much blood due to the left common carotid artery injury and died after ineffective rescue.
Since then, Jiang Qiulian and Liu Nuanxi have had controversies over the cause of Jiang Ge's death, and Liu Nuanxi has also expressed irritating words to Jiang Qiulian through the Internet. Jiang Qiulian then filed a lawsuit with the court, requesting that Liu Nuanxi be ordered to compensate Jiang Qiulian for various economic losses and consolation payments for mental damages such as death compensation, funeral expenses, lost work expenses, transportation expenses, accommodation expenses, visa fees, etc., totaling 2,070,609.33 yuan, and bear the litigation costs.
The court held that Liu Nuanxi, as a friend of Jiang Ge and the rescued person, did not truthfully inform and remind Jiang Ge of the danger of infringement introduced by him, and when faced with the imminent danger of Chen Shifeng's unlawful infringement, he disregarded the safety of others' lives for self-preservation, and blocked Jiang Ge from being killed outside the door of his own residence, which was obviously at fault and should bear the corresponding civil compensation liability. Comprehensively considering the circumstances of the case, the degree of fault of the perpetrator, the causal relationship and other factors, the court supported Jiang Qiulian's claim of various economic losses supported by evidence 1240279 yuan, and supported 496,000 yuan as appropriate.
Other economic losses claimed by Jiang Qiulian will not be supported. In this case, Jiang Ge was killed in the process of rescuing Liu Nunxi, Jiang Qiulian lost her beloved daughter, so she suffered great pain, and then went abroad to deal with the aftermath and toiled, and Liu Nuanxi made irritating remarks after the incident, which further hurt Jiang Qiulian's feelings, and should bear the liability for mental damage according to law. Based on the circumstances of the act, the degree of damage, and the social impact, the court ordered Liu Nuanxi to compensate Jiang Qiulian for 200,000 yuan for mental damage.
In its judgment, the court pointed out that helping the needy and the needy is a traditional virtue of the Chinese nation, and honesty and friendliness are an important part of the core values of socialism. Judicial adjudication shall guard the bottom line of social morality, carry forward virtue and righteous deeds, and guide the whole society to revere morality and goodness. Based on the basic principle of good faith and the principle of consistency of rights and obligations in civil law: in social interactions, people who introduce infringements and maintain dangerous conditions have the obligation to take necessary and reasonable measures to prevent others from being harmed; in the case of forming a rescue relationship, the rescuer has reasonable trust in the rescued person, and the rescued person has a higher duty of care for the rescuer to inform and remind the rescuer in good faith.
In this case, according to the existing evidence, Liu Nunxi, as the rescued person and the introducer of the danger of infringement, did not fully fulfill the obligation of care and safety protection to the rescuer Jiang Ge, and was obviously at fault and should bear legal responsibility. It should be pointed out that Jiang Ge, as a female student studying in a foreign country, gave help to compatriots in distress, gave sincere care and assistance, and lost her life because of the unlawful infringement, and her selfless act of helping others embodies the traditional virtues of the Chinese nation, which is in line with the core socialist values and public order and good customs, and should be praised, and she should be punished for being illegally infringed and deserve legal relief. As a friend of Jiang Ge and a rescued person, after the incident, instead of being grateful and giving sympathy and comfort to the relatives of the deceased, Liu Nunxi provoked him with inappropriate words, further aggravating the pain of others, and his behavior was contrary to common sense and human feelings, should be condemned, should bear civil compensation liability and bear all case acceptance fees. Accordingly, the court rendered the above-mentioned judgment in accordance with the law.
Source | China Youth Daily, Jiang Qiulian Weibo, The Paper, etc
Edited by Jessie