Jiuquan, Gansu: The woman and her boyfriend quarreled and drank pesticides and died, and the girlfriend was sentenced to compensation, and the court ruled

A woman has a dispute with her boyfriend

After drinking half a bottle of pesticide, he was eventually poisoned and died

The matter went to court

The woman's girlfriend was accused of instigating the woman to commit suicide

What's going on?

01

Case Review

In May 2020, Li Zhen met Che Mou (male) in Jiuquan City, Gansu Province. In the process of communication, the two often quarreled due to personality reasons. Li Zhen often asked Che for money on the grounds of living expenses, and Che believed that Li Zhen had spent his own money and often went to the rental house rented by Li Zhen to ask for money. Each time the two sides quarreled and insulted each other, Li Zhen also beat Up Che X, and when the incident occurred, both sides called the police 8 times; Che X went to jinta Li Zhen's parents' home three times to ask for the money spent by Li Zhen, but it was unsuccessful.

After that, Che threatened Li Zhen to repay the money by drinking pesticides, but Li Zhen still did not repay the money. Che mou and Cheng mou also had a contradiction in this matter, sending text messages to insult the process. On March 22, 2021, Cheng and Li Zhen went to che to tear and beat up the property renovation and upgrading construction site of che's migrant workers. On the same day, after mediation by the police, Cheng and Che forgave each other's behavior.

After leaving the police station, Li Zhen said that Che had threatened himself by drinking pesticides, and Cheng also said that Wei, the boss of Che, insulted him at the scene that day and wanted to find his reason. Cheng mou and Li Zhen negotiated the purchase of the pesticide "paraquat". Subsequently, the two took the taxi driven by Cheng to a pesticide wholesale department, entered the store, Li Zhen stood at the door, Cheng looked at the pesticide, asked the price, Cheng first paid 8 yuan with WeChat to buy a bottle of herbicide "Enemy Grass Fast", Li Zhen also paid 8 yuan with WeChat to buy a bottle of herbicide "Enemy Grass Fast".

After purchasing pesticides, the two rode together again, and Cheng went to Wei to ask for explanations and insulted Wei, and a quarrel broke out between the two sides. Li Zhen and Che Mou also quarreled. During the quarrel, Cheng took out a pesticide bottle to drink pesticides, and was blocked by the staff of the property company next to him. Li Zhen also picked up the pesticide bottle near the edge of the building to drink the pesticide, and drank about half a bottle of pesticide and began to vomit. This farce of drinking pesticides finally ended in tragedy.

After Li Zhen's death, his parents and children sued Cheng to the court, arguing that Cheng encouraged Li Zhen to drink pesticides and demanded compensation for losses.

02

Court hearings

The Suzhou District Court of Jiuquan City, Gansu Province, rendered a first-instance judgment on the right to life dispute case. The court held that although there was no evidence to prove that there was a causal relationship between the defendant Cheng and Li Zhen's death, Cheng played a negative role in the development of the whole incident, and in order to establish a healthy and positive social atmosphere, the defendant Cheng's behavior should be punished, so it was ordered that the defendant Cheng should compensate the plaintiff 20,000 yuan.

In court, Cheng argued that Li Zhen was a normal person with full capacity for civil conduct, and that he had taken pesticides himself knowing that "enemy grass is fast" could cause casualties, and that the deceased should bear all the consequences of his suicide and was not at fault.

After ascertaining the facts, the court held that the deceased Li Zhen, as a person with full capacity for civil conduct, should have known the importance of life, knew that "enemy grass fast" was used for agricultural weeding, was toxic, and drinking pesticides would definitely cause serious harm to the body, but still chose to drink pesticides, an extreme act that threatened others to resolve the contradiction and cause death, which was the root cause of the occurrence of the damage facts involved in this case. Although the public security organs investigated Li Zhen's suicide and excluded others from coercion and threats, the defendant Cheng and the deceased Li Zhen threatened others by committing suicide, and their behavior itself violated public order and good customs, violated the core socialist values, and harmed family interests.

In this case, the defendant Cheng, as a friend of the deceased Li Zhen, should promptly advise and enlighten when the deceased proposed to threaten others with pesticide drinking, but the defendant Cheng not only did not dissuade, but also responded to the proposal of the deceased Li Zhen, and drove Li Zhen to buy pesticides, which had a negative effect on the development of the situation. Judging from his behavior, although there is no causal relationship between Li Zhen's death and the defendant's behavior, the defendant has a negative impact on Li Zhen's behavior of drinking poison, and in the whole process of the development of the incident, it has not played a positive role in dissuading, so li Zhen's death should bear the responsibility for compensation.

In summary, the plaintiff has no evidence to confirm that there is a causal relationship between the defendant Cheng and the death of Li Zhen, but the defendant Cheng played a negative role in the development of the entire incident, and in order to carry forward the socialist core values and establish a healthy and positive social atmosphere, the defendant Cheng should be punished for his behavior, and the defendant Cheng should compensate the close relatives of the deceased Li Zhen.

According to the Civil Code of the People's Republic of China and other relevant provisions, on December 29, 2021, the court of the Suzhou District People's Court of Jiuquan City made a first-instance judgment: the defendant Cheng compensated the plaintiff for 20,000 yuan.

03

Legal analysis

The Civil Code regards the promotion of the core values of socialism as the legislative purpose, and the principle of public order and good customs is an important embodiment. This principle guides the people to upward goodness by maintaining social public order and good customs, and using the power of the rule of law.

"Public order and good customs" include two aspects: public order and good customs. Public order, that is, the general interests of society, including national interests, socio-economic order and social public interests; good customs, that is, general moral concepts or good moral customs, including social morality, business ethics and social good customs.

Civil Code of the People's Republic of China

Article 18: Adults with full capacity for civil conduct may independently carry out civil juristic acts.

Source: The Paper, Shandong Gaofa, Guangdong Pufa WeChat public account