"God Beasts" dispute, parents are not involved, who has been upgraded?
Author:Tianjin Senior People's Court Time:2022.09.18
Cold and summer vacation
When playing in primary and secondary school students
Occasionally, friction is inevitable
After the dispute occurs
Parents' intervention should be guided correctly
But the mood of parents' love is eager
Often it is against the wishes
Make the dispute more difficult to deal with
recently
The Jinnan Court mediates between a minor
Disputes of property damage and health rights
Case love briefly
The original and the defendant are the sixth grade students in elementary school. They live in adjacent communities. After the two play basketball, they have a dispute over the bicycle sharing of cycling. Falling on the ground and falling, the parents of both parties held their own words after arriving, and failed to reach a uniform to solve the problem.
Alarm
The two parties have not compensated for compensation and responsibility allocation
Reach the mediation intention
So the original told the court
Ask the defendant to compensate
Medical expenses, nursing fees,
Transportation expenses, mobile phone reset costs, etc.
Online
Before trial
Holding the judge combined the incident
The cause and process
Analyze the degree of fault of the incident from a legal perspective
And consider the feelings of alumni and neighbors
I hope that the parties on both sides will forgive each other in the compensation amount
Under the persuasion of the undertaking judge, the guardians of the plaintiff and the defendant communicated in person to voluntarily reach a mediation agreement. The defendant's guardian paid the plaintiff's guardian compensation in court and apologized for himself as a guardian as a guardian.
at the same time
In the process of litigation mediation
Undertake the judge for the guardian of both parties
Subsequent treatment measures in the event
Point out improper and give suggestions
To avoid similar disputes
Plaintiff guardian
Thanks to the court's fair handling and law education.
Defendant guardian
Thank you judge, we are too impulsive. At that time, I only thought of the children of our own family. In the future, we will pay attention to thinking and guide the children correctly. This is the correct way to love children.
"People's Republic of China"
Article 1,173 If the infringer has a fault or expansion of the same damage, it can reduce the responsibility of the infringer.
Article 1,79: Those who infringe on other people's personal damage shall compensate for medical expenses, nursing expenses, transportation expenses, nutritional expenses, hospital food subsidies, etc. to treat and rehabilitate the reasonable expenses, as well as revenue due to miscalculation reduction. Essence If the disability is caused, the auxiliary equipment fee and disability compensation shall also be compensated; if the death, the funeral fee and death compensation shall also be compensated.
Article 1,82 If the property losses of the personal rights and interests of others will cause property losses, they will be compensated by the losses of the infringer or the benefit of the infringer. It is determined that if the infringer and the infringer are inconsistent with the negotiation of the compensation and file a lawsuit with the people's court, the people's court will determine the amount of compensation based on the actual situation.
Article 1,88 If a person -without person -without people and restrictions on civil behavior can cause damage to others, the guardian shall bear the liability for infringement. If the guardian fulfills its duties, it can reduce its infringement responsibilities.
Judge remind
Establish a sense of rules and order, strengthen your own civilization, and do not compete.
After the guardian encountered the situation, he calmly handled it, and he would not pour fuel on the fire because of love.
Pay attention to retaining evidence and ask for help from the public security organs or relevant departments in a timely manner.
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