Following the case 丨 Students have argued between students, and parents "in their heads" have provoked disputes for their children.

Retrospective

In December 2021, Wang heard that his son Li was beaten by Zhao during the quarrel between his son Li and his classmate Zhao Mou. He felt very angry. After school, he found Zhao's mother, Yang, "discussed". During the period, disputes and upgraded to physical conflicts, the two beaten together. Later, after the police reported the police, the public security organs made a decision on administrative penalties on the matter, and they had administrative detention and fines on both parties of the accident. Later, Wang had sued to Xingqing District Court on the grounds of physical health and asked Yang to compensate for the loss of medical expenses, transportation expenses, and misunderstanding expenses.

Source network

Judgment result

After hearing, the court believed that citizens enjoyed the right to life and health. The actor infringes the civil rights and interests of others due to fault and shall bear the liability for infringement. According to the facts verified by the public security organs, the defendant hurt the plaintiff's body during the tearing process due to the child's tear. The defendant shall bear the corresponding compensation responsibility as an infringer's loss of the plaintiff. According to the evidence submitted by the plaintiff, the court believed that the defendant had infringed the plaintiff's health and the defendant would compensate for medical expenses. The remaining claims are not supported by the not submitted evidence. After the verdict, both parties were convicted.

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Judge

The quarrel between children and physical conflicts can be understood as a parent's eager mood, but the two parties should advance rational communication, distinguish their responsibilities, criticize and educate children who are wrong. difficulty. If the child beats the classmates to cause damage, the parents should also bear the liability for compensation. However, as parents should not be distinguished from the blue and red soaps, and the fight between parents should not be conducive to solving the problems between children, but also cause damage to themselves and others.

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Law link

"People's Republic of China"

Article 1,65 If an actor damage the civil rights and interests of others due to fault, he shall bear the liability for infringement.

It should be preserved in accordance with the law that the perpetrator is faulty, and if he cannot prove that he has no fault, he shall bear the liability for infringement.

Article 1,173 If the infringer has a fault on the occurrence 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.

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Supply: Wang Kun

Source: People's Court of Xingqing District, Yinchuan City

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