The 6 -year -old child drowned and died, and the 7 -year -old played a accompaniment to the defendant.

The three -year -old children were playing with them, and Xiao Ming, 6, was unfortunately drowned. His parents sued the 7 -year -old Tintin and his parents to the court for more than 30,000 yuan. The People's Court of Luyi County, Henan Province, believes that the 7 -year -old playmate has no statutory rescue obligations and rejected Xiao Ming's parents' claims in accordance with the law.

At noon one day in early September 2021, 6 -year -old Xiaoming and Ding Ding, who were 7 -year -old in the same village and 6 -year -old Zhuang Zhuang. When three people went to the village near the village to play at the highway construction site, Xiaoming accidentally fell into the deep water pit dug at the construction site, and unfortunately drowned. After the accident, Xiaoming's parents sued Ding Ding and his parents to the court.

The Luyi County Court tried that the three children who played together were people without civil behavior, and their physical and intellectual development was not sound. In the face of emergency emergencies, self -protection is still insufficient, and it is even more powerful to help others. He is also a person with no ability to rescue each other without legal rescue obligations. For Xiaoming's death, Ding Ding and his parents do not have any fault.

"Article 1165 of the Civil Code stipulates that if a perpetrators have damaged the civil rights and interests of others due to fault, they shall bear the infringement liability. It should be preserved in accordance with the law that the perpetrators have faults. The drowning of Xiaoming has no fault for Ding Ding, who is a person -free ability, and does not infringe on its legitimate rights and interests. He should not bear the liability for infringement. "Song Quanlin, the judge of the trial.

"Drowning is one of the biggest killers that cause primary and secondary school students to die in the summer. At present, the hot weather is a period of high incidence of drowning accidents, and it is also an important period for preventing juvenile drowning accidents." Song Quanlin believes that parents are the legal legal of minors. The guardian should bear the responsibility of the child's safety guardian. Protecting the safety and health of minors is the responsibility of the whole society. How to avoid tragedy and re -acting requires family, schools, and society to fulfill their legal responsibilities and obligations together. The country, society, schools, and family all have obligations within the scope of their responsibilities. They must not only "know where they are, know their companions, know the content, and return". There are precautions and returning. "Education guides minors to establish safety awareness and build a safety barrier to prevent drowning.

Song Quanlin said that parents should remind their children to keep in mind: they are not led by no parents or guardians, and go out to swim or play water without permission; without the permission of the parents, they will not accompany their classmates to swim or play water without authorization; Local swimming or drama; swimming or water in water without safety guarantee; swimming or drama in the waters of the water.

(Source: Rule of Law Daily)

[Edit: Yu Lina]

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