In today's judicial practice, it is easy to be influenced by the thinking of "who is injured and who is justified, and who fights back and who is unlucky". Most of this kind of thinking appears in some people who do not understand the law, or have a weak sense of law, in the spirit of blackmail without cost, no matter which party is responsible for the accident accident, they will find someone to make a claim.
The consequence of the final brewing is that human nature is weak, society is becoming more and more cold, encountering old people who have fallen to the ground, no one dares to help, encountering children who are struggling in the water, no one dares to rescue. Therefore, in order to completely get rid of this atmosphere, the law must severely punish those who touch porcelain blackmail, and at the same time pay back all those who are not responsible.
The Intermediate People's Court of Neixiang County, Henan Province, held a hearing on September 10 in a dispute case involving Wang Mou, a patient in a first-level hospital in Neixiang County. It is reported that in June 2020, Wang accidentally fell, was sent to the hospital by his family for medical treatment, and after the doctor's diagnosis, it was found that Wang was paralyzed due to spinal cord injury.
In order to carry out treatment, Wang paid 1300 yuan in medical expenses on the same day. However, on the second day of treatment, Wang Mou left the hospital privately accompanied by a friend and drowned in a river near the local area. After the investigation of the police, it was found that Wang Mou had committed suicide and drowned, and he had left a last word before his death, and he did not want his illness to affect his family.
However, Wang's family believes that Wang's hospital is fully responsible. Because the hospital did not strictly supervise Wang, he left the hospital without permission and finally drowned. However, the hospital believes that Wang has gone through the discharge procedures before he is discharged, and the hospital has admonished Wang before he is discharged.
However, Wang still asked to be discharged from the hospital and left the hospital accompanied by friends, so the hospital has no relationship with Wang since Wang went through the discharge procedures, so Wang's death and the hospital have no relevant responsibility. The two sides argued, and finally Wang's family sued the hospital side in court, claiming funeral expenses and death compensation for a total cost of 700,000 yuan.
How did the court decide on this? After trial, the court held that Wang mou himself was an adult and was a fully civil responsible person, and after going through the discharge procedures, he needed to be responsible for his own actions. Wang's death is a suicide and there is no causal relationship with the hospital, so the hospital does not need to bear responsibility for Wang's death.
In the end, the court rejected the appeal and claim of Wang's family and declared the court not responsible. China's law pays attention to causation, if the hospital and Wang's death have a causal relationship, then the hospital is naturally responsible for it, but it is obvious that Wang's death and the hospital's eight rods can not be beaten together.
According to the General Provisions of China's Civil Law, natural persons over the age of 18 are adults. Adults who have full capacity for civil conduct may independently carry out civil juristic acts. Minors over the age of 16 whose main source of livelihood is their own labor income are deemed to be persons with full capacity for civil conduct.
Persons who are found to have full capacity for civil conduct shall bear civil liability for their own conduct in accordance with law. Therefore, Wang needs to take responsibility for his own behavior, he chose to commit suicide in order not to involve his family, this is his own choice, and no one forced him to commit suicide, so the responsibility for Wang's suicide is in itself.
As a hospital, although it also has its own safety and security obligations, the protection obligation stipulated by law only takes effect for patients who have signed a contract with the hospital. Since Wang signed the discharge procedures, he and the hospital terminated the contract, so the hospital did not have a safety guarantee obligation to him, and the two parties did not have any legal interests.
In summary, Wang's death has nothing to do with the hospital, and Wang's family took advantage of Wang's death to make blackmail claims against the hospital, and his behavior was even suspected of constituting the crime of extortion and fraud.
Article 274 of the Criminal Law of the People's Republic of China stipulates that, for the purpose of illegal possession, the victim is illegally occupied by means of intimidation, threat or blackmail, thereby constituting a crime. Article 266 provides that the act of defrauding a relatively large amount of public or private property for the purpose of illegal possession by fabricating facts or concealing the truth constitutes the crime of fraud.
Both of these crimes are criminal offences, defrauding public or private property, and if the amount is relatively large, they shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also be fined or fined alone; if the amount is huge or there are other serious circumstances, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined or have their property confiscated.
Where the crime of extortion is constituted, the starting point for sentencing may be determined within the corresponding range according to the following different circumstances:
Where a relatively large amount is reached, or where extortion is made three times within two years, the starting point for sentencing may be determined within the range of fixed-term imprisonment of not more than one year or criminal detention. Where a huge amount of money is reached or there are other serious circumstances, the starting point for sentencing may be determined within the range of three to five years of fixed-term imprisonment. Where a particularly large amount of money is reached or there are other particularly serious circumstances, the starting point for sentencing may be determined within the range of 10 to 12 years of fixed-term imprisonment.
In addition, if Wang's family makes trouble, or smashes the hospital and disrupts the normal operation of the hospital, it may also constitute the crime of picking quarrels and provoking troubles. The crime of picking quarrels and provoking trouble refers to the crime constituted by the perpetrator committing acts such as wanton provocation, randomly beating or harassing others, or arbitrarily destroying or occupying public or private property, or causing disturbances in a public place, causing damage to seriously disrupting social order, and thus constituting a crime, which shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance.
In summary, the saying that "whoever is injured is justified" does not exist in the law, and the law pays attention to evidence and causality, not who will make trouble and who is justified. If we do not distinguish between right and wrong, and determine who is right to be injured, and who fights back and who suffers, then not only will society be affected, but people's hearts will also be poisoned.
Therefore, when trying similar cases, courts in various parts of our country resolutely pay attention to evidence and causality, and put an end to the birth of bad practices. It is precisely in this way that there is a reasonable judgment similar to that made by the Henan Neixiang County Court. Only in this way can we cut off the occurrence of blackmail and extortion incidents from the root causes and give justice to the masses of the people.