In order to avoid the police inquiring about the drowning of the river, the family claimed 2 million, and the court sentenced

late at night,

Men to escape the police inquiry,

Desperately jumping into the river,

In the end, it will cause incredible tragedy.

Family members were angry and sued the police,

Request compensation 2 million,

Will the court support?

Please see the case.

Basic case

One day, a number of windows were smashed around the side door of a community, and the items inside the car were stolen. At 3 am that night, the police patrol members saw Jiang wandering around here and then stepped forward. Jiang suddenly jumped into the river. The patrol players quickly called the police, and the police launched the site to rescue the scene. Due to the darkness of the sky and the wide river surface, the police could not determine the final position of the water and immediately contacted the water public security reinforcement.

Two days later, the police salvaged Jiang to find Jiang's body. The Judicial Appraisal Center issued a letter of judicial appraisal opinion that the cause of the death of Jiang eliminated the death of poison poisoning, eliminated mechanical damage to death, excluded mechanical asphyxia death, and met drowning.

Jiang's family members believed that the police inquired and did not rescue the rescue in time that violated the statutory procedure, causing Jiang to die. The family members of Jiang sued to the Hengyang Railway Transport Court and requested to confirm that the police were illegal and asked the police to compensate for compensation for death compensation, funeral expenses, minor children's support fees, and appraisal fees.

Court decision

The Hengyang Railway Court of Transportation held that the inquiry behavior of police patrols had no causal relationship with Jiang's death. First of all, the police patrol players conducted an inquiry about Jiang to understand the situation, and belonged to the act of fulfilling the duties of public security patrols. Secondly, in the face of police inquiries, according to the general cognition of ordinary people in the society, they will not adopt the way to escape and jump into the river in the river. Finally, from the judicial appraisal of Jiang's corpse issued from the Judicial Appraisal Center, it can be known that Jiang did not suffer any trauma during his lifetime, and according to the evidence of the case, it was not possible to prove that the police patrol player used any mandatory measures to Jiang Moumou. Or make Jiang a personal threat.

The police have fulfilled the duties of crisis and rescue, and Jiang's family requested that the police's administrative actions and administrative compensation were not fact and legal basis. First of all, the patrol players did not have the ability to take off the water safely when they lacked the necessary guarantee at the time. Choosing the police as soon as possible was appropriate and timely rescue behavior. Secondly, the police quickly rushed to the scene after receiving the alarm call, shouted many times, and searched with a strong light flashlight on the river. It was still impossible to determine that Jiang was actually falling into the water position. In this case, he quickly contacted the water public security reinforcement and used the speedboat to search and rescue the river surface. It is also the means of rescue assistance within the scope of their ability. In the end, the police did not give up search and rescue during the entire process of Jiang Luo falling into the whole process of leaving Jiang.

According to this, the Hengyang Railway Transport Court rejected Jiang's family members' claims. Jiang's family was dissatisfied and appealed. The Hengyang Intermediate People's Court maintained the first trial judgment.

Judge

Article 6 of the People's Republic of China People's Police Law stipulates that the people's police of the public security organs shall perform their duties in accordance with the law to perform their duties in accordance with the law to maintain the order of social security and stop the behavior of social security order. Article 34 stipulates that the people's police shall perform their duties in accordance with the law, and citizens and organizations shall give support and assistance. The people's police execute their duties in accordance with the law to maintain national security, maintain social order, and protect the personal and property safety of citizens.

According to the above laws, citizens and organizations should give support and assistance in the process of implementing their duties in accordance with the law, and they cannot take excessive deactions to avoid unnecessary losses.

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