One night in Shanghai, a man fell drunk on the side of the road. The police not only guarded for more than two hours, but also helped dial 120 twice. The man died after refusing assistance. Surprisingly, the family actually sued the police, demanding more than 630,000 yuan in compensation, and put forward a strange reason: "The police did not force him to sober up!" ”
(Source: Shanghai Jing'an District People's Court)
The man, Cui Mou, was drunk and lying on the side of the road. At 5:26, a well-meaning passerby called 110 to call the police. At 5:38, the police led three auxiliary police officers to the scene.
Police saw Choi lying on the road with a lot of vomit around him. The police suspected he was drunk, so they tried to lift him up for medical treatment.
However, Cui mou has lacked self-control and his feet are weak. As soon as he got up, he slipped and fell to the ground, and he kept struggling, making it difficult to rescue.
So the police dialed 120. At about 6 o'clock, 120 ambulances arrived at the scene.
Emergency responders, police officers and auxiliary police officers cooperated twice to carry him onto a stretcher, but Choi struggled violently and muttered in his mouth that he refused to see a doctor.
After tossing and turning for more than half an hour, he could not pull the drunken Cui mou into the car. The 120 ambulance crews reluctantly told police at the scene that the drunk man could not be taken to the hospital. After confirming that the drunk man's vital signs were normal, the medical staff left the scene at around 6:30.
Subsequently, the police left the scene due to official duties. In order to avoid other accidental injuries to Choi, three auxiliary police officers were assigned to continue to guard him.
The auxiliary police guarded until about 8 o'clock and found that Cui Mou's situation was abnormal, so he notified the 120 ambulance to rush to the scene again. At 8:17, 120 ambulance crews arrived to confirm the man's death.
I thought it was over. To the surprise of the police, Cui's family unexpectedly took the police to court and demanded compensation for death compensation and more than 630,000 yuan for mental damage.
Cui's family gushed in court. They believe that the duty of the police is to serve the people. It is natural to find the police in case of an accident. Normal people know that lying drunk on the side of the road is likely to endanger life and safety.
However, in the face of the drunken Cui, the police took a passive wait, did not arrange a shelter, and did not take effective rescue measures such as forced decanting, resulting in Cui's death. The police are at fault and should bear the liability for compensation.
In response to the Cui family's complaint, the police felt very aggrieved and argued:
First of all, compulsory abstinence from alcohol is an administrative compulsory measure with strict legal procedures, and can only be targeted at suspects who violate the law. Although Choi was drunk on the side of the road, his actions were not illegal and the police had no authority to enforce them.
Second, in this incident, the police stipulated that the police should be dispatched in a timely manner. After arriving at the scene, they twice notified the ambulance personnel to arrive at the scene and actively cooperated with the medical staff to rescue them.
After the medical staff left, three auxiliary police officers were arranged to continue to take care of him when the police force was limited. Notify 120 in time after the abnormality is found. They fully fulfilled their rescue obligations and asked the court to reject the Cui family's claims in accordance with the law.
Seeing this, do you think it is reasonable for Cui's family to claim compensation from the police?
Article 21 of the People's Police Law provides that when a citizen's personal or property safety is violated or is in another dangerous situation, the people's police have the obligation to immediately assist them.
Serving the people is the purpose of the police. According to the above provisions, the police do have an obligation to help people in distress.
However, such assistance cannot be unlimited, but can only be limited to reasonable limits. As long as the measures taken by the police meet this reasonable limit, they shall be deemed to have fully complied with their obligations.
Specifically, in this case, after receiving the alarm, the police rushed to the scene within 10 minutes to rescue them. After the independent rescue failed, they dialed 120 in time. After the ambulance arrived, Cui forcibly struggled to refuse medical treatment. After the ambulance confirmed that his vital signs had left smoothly, the police still arranged for three auxiliary police officers to guard in case of an accident, a series of acts that have reached a reasonable level.
For the Cui family's allegation that the police did not implement compulsory assistance, the police are obliged to provide assistance, but they have no right to provide compulsory assistance.
Only administrative compulsory measures such as compulsory decanting are implemented against criminal suspects in strict accordance with legal procedures. But once Cui, who has no illegal behavior, the police's behavior is illegal. Therefore, requiring the police to force decanting is too harsh.
Cui is an adult and should be aware of the harmful consequences of drunkenness. He also refused medical treatment after getting drunk, and he was responsible for his own death.
Cui's family should also know if there will be a safety incident when their relatives go out for drinks, and then turn a blind eye to Choi, who hasn't returned all night. After Cui's death, he completely blamed the police for inaction, which made people feel a little unreasonable.
The court held that after the police called the police, they immediately sent personnel to the scene to deal with it. The rescue was carried out at the scene in time, and 120 people were notified twice to arrive at the scene, but Cui refused and failed. Cui Mou, who fell to the ground drunk, has been reasonably rescued, and there is no act of non-performance of legal obligations.
Cui's family believes that after the police arrived at the scene, they passively waited, did not arrange shelters, did not take effective rescue measures such as forced decanting, resulting in Cui's death, which is a failure to fully fulfill the statutory rescue obligations.
In this regard, the court held that the police are not professional rescue personnel and do not have the professional knowledge and ability to rescue drunken people.
In view of the situation at the scene of Cui's accident, what kind of effective rescue method should be adopted should be handled by professional medical rescue personnel.
In this case, we cannot simply judge whether the police have fulfilled their legal rescue obligations based on the outcome of Cui's death.
Therefore, the view that Cui's family believes that the police have not fully fulfilled their rescue obligations lack factual and legal basis, and the court does not accept it.
In the end, the court rejected all of Cui's claims.
Some people say that some people always evaluate things in the way of "deriving processes by results". Once something has happened, first find a person in charge to claim compensation. This logic is obviously ridiculous, do you think?
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