The second trial of Jiang Ge’s mother v. Liu Xin opened

2022-06-21 0 By

The second trial of jiang Ge’s mother jiang Qiulian’s lawsuit against Liu Nuanxi (original name Liu Xin) over the right to life dispute began at 9:30 am on February 16 at Qingdao Intermediate People’s Court in Shandong Province.Liu, his lawyer and jiang ge’s mother have already entered the court, but Jiang ge’s mother has not arrived at the court yet, a Qingdao court official told reporters.Subsequently, Jiang Ge’s mother Jiang Qiulian posted on personal weibo that due to physical reasons, I will not appear in court today to attend the trial, lawyer Huang Leping, Lawyer Li Jing full authority.The reporter previously reported that Jiang Ge was killed at the age of 24 by Chen Shifeng, the ex-boyfriend of her roommate Liu Xin, outside her house in Tokyo in the early morning of November 3, 2016.In December 2017, Chen Shifeng was sentenced to 20 years in prison for intentional homicide and intimidation.Because think Liu Xin is right jiang Ge’s death exists major fault, Jiang Qiulian starts to liu Xin’s legal action.The morning of January 10, 2022, song jiang mother Jiang Qiulian v. liu to warm the sunrise (formerly known as rebekah) the right to life, body weight, the right to health disputes case in the shandong Qingdao chengyang district people’s court of first instance verdict, ruling the defendant liu to warm the sunrise on the day of the enforcement of judgment within 10 days to compensate the plaintiff Jiang Qiulian all the economic loss of 496000 yuan and mental damages of 200000 yuan,And bear all the case fees.Court thinks, liu warm the sunrise as friends and be rescuers of song jiang, for the infringement risk, introduced by its not truthfully to song jiang to inform and remind, in the face of the Chen Shifeng violation of immediate danger, in order to get their way to ignore other people’s life safety and to song jiang stopped outside their homes were killed, has obvious fault,It shall bear corresponding civil liability for compensation.Taking into account the incident course of the case, the degree of fault of the perpetrator, causality and other factors, the court supported the economic loss of RMB 1,240,279 supported by evidence claimed by Jiang Qiulian, and supported RMB 496,000 as appropriate.Other economic losses claimed by Jiang Qiulian will not be supported.In this case, Jiang Ge was killed in the process of helping Liu Nuanxi, Jiang Qiulian lost her daughter, so suffered a great pain, and then to go abroad to deal with the affairs of the future and rush about, and Liu Nuanxi published excitatory remarks after the incident, further hurt Jiang Qiulian’s feelings, according to the law should bear the responsibility for spiritual damage compensation.The court according to the behavior of the plot, degree of damage, social impact, discretionary order Liu Nuanxi compensation Jiang Qiulian spiritual damage compensation of 200, 000 yuan.In its ruling, the court pointed out that helping people in danger is a traditional virtue of the Chinese nation, and honesty and friendship is an important part of the core socialist values.Judicial judgment should protect the bottom line of social morality, promote virtue and righteousness, and guide the whole society to worship morality and be good.Based on the basic principle of honesty and credit in civil law and the principle of the consistency of rights and obligations: in social communication, those who introduce the risk of infringement and maintain the dangerous state have the obligation to take necessary and reasonable measures to prevent others from being harmed;In the case of a salvor relationship, the rescuer has a reasonable trust on the rescuer, and the rescuer has a higher duty of care for the rescuer to honestly inform and kindly remind the rescuer.Hu Guiyun, liu’s lawyer, told reporters on January 24 that Liu Xin had filed an appeal.—————————————— source: