When the thief ran away, the family drowned 1.58 million, and the court sentenced!

A drop of water can refract the sun.

A case can highlight the principle of rule of law.

The official WeChat official WeChat of the Supreme People's Court launched the "New Fashion of the Time of Tips and Great" to take you back to the shining "small cases", reflecting on those "truths" contained in it, and experience the promotion of every judicial case. Fairness and justice. This issue brings you the community property chase and escape the thief to cause his drowning family to claim the claim.

Recently, a case of living rights disputes announced by the Kunshan People's Court of Jiangsu Province has attracted attention. The staff of the property company received a call from the owner of the community, saying that "there may be a thief trying to steal", and then several staff members found that a suspicious man described in the community in the community. Drown in the river. In May 2021, the first instance of the Kunshan People's Court rejected the men's family to ask the property company to compensate more than 1.58 million yuan in lawsuits. The men's family did not accept the judgment of the first instance and appealed to the Intermediate People's Court of Suzhou City, Jiangsu Province. In October 2021, the court maintained the original judgment and rejected his appeal request.

Retrospective

One day in September 2020, Ms. Chen in a community in Kunshan was at home. Suddenly, she heard someone being prying the door lock. She saw a famous man from the cat's eye and was looking in from the cat's eyes. Sleeve top and black trousers with a black flat handbag in his hand. In a panic, Ms. Chen inserted the key into the door from the door to prevent strange men from opening the door from the outside. Because the other party was a thief, Ms. Chen called to inform the community property investigation and verification.

The two staff members of the property saw the guard room when they went out and saw the strange man wearing a white clothes and a black bag described in line with the owner. Chase. On the day of the incident, the owner Mr. Liu heard that downstairs was shouting and catching the thief, and saw a man from the grass on the east of the community from the window. At that time, the property staff in the community shouted "Quick "Come up", the man jumped into the river from the riverbank into the river from the grass.

Mr. Ding, the property manager who chased, found that the man patted the water on his hands in the water, and gradually sank into the water, jumped into the river immediately, and swim towards the man in the direction of the man, but never found it. Soon, 110 and 120 arrived, and the man was rescued from the water, but had lost his life signs. The public security department then confirmed that the drowning was Qin Moumou. At the same time, he found more than a dozen plastic packaging bags on Qin Moumou on the same day, equipped with rings, necklaces and other items and some cash. That night, another owner of the community called the police that he lost some cash and jewelry at home.

Qin Moumou's family believed that Qin Moumou was walking normally in the community. There was no evidence that he had theft or other illegal acts. The property staff had chased before, and then rescued in time. It should be responsible for all responsibilities. Therefore, the court sued the property company and asked to compensate more than 1.58 million yuan in compensation.

In May 2021, the Kunshan People's Court opened the trial of the case. During the trial, the property company believed that after Qin Mou's "theft" was discovered on the same day, in order to avoid legal responsibility, the risk should be borne by the initiative to jump into the river without any person who took the initiative to jump into the river without any person. The staff's catch -up behavior is to fulfill the management responsibilities of the community, and the rescue of the water dropper is not improper during the process, and should not bear any responsibility.

The Kunshan People's Court of Jiangsu Province considers:

Qin Moumou's physical characteristics are similar to the pry door man described by Ms. Chen. Qin Moumou escaped immediately after being discovered by the security guard and did not clarify it. Property staff chasing Qin Moumou should be a normal performance. In the process of chasing, there was no evidence to prove that the staff held a weapon and had violence when they were chasing. Qin Mou came to the river before the chasing staff and jumped into Hanoi. There was no situation where the staff was violent, and the staff jumped into Hanoi for rescue. From the scene of the public security organs to extract some items, combined with the facts of Qin Moumou's predecessor and the owners in the community, Qin Moumou had suspicion of major theft of property.

In the end, the court believed that there was no fault in the process of chasing Qin Moumou in the process of chasing Qin Moumou. His catch -up behavior and Qin Moumou's death were incapable of causality. All the claims of Qin Moumou's family. Qin Moumou's family members refused to accept the results of the first trial and appealed. In October 2021, the second instance of the Suzhou Intermediate People's Court of Jiangsu Province was tried to reject the appeal and maintained the original judgment.

【Judge's saying】

Kunshan People's Court, Jiangsu Province

Huang Fuling, Judge of the First Court

The editor of the infringement liability of the Civil Code of my country stipulates that the responsibility of the infringement liability is based on the principle of fault in the perpetrator. Property service personnel have timely measures to stop, report reasonable measures, report to relevant administrative departments, and assist in handling the laws and security, environmental protection, fire protection and other laws and regulations in the property service area. In this case, the staff of the property company found the duties normally according to the discovery of the suspected theft personnel reported by the owner, and chased it. Within the scope, there is neither behavioral violations nor a subjective fault that can be subject to blame. In the process of chasing, there was no evidence to prove that the staff held the weapon and implemented violence when chasing. Qin Moumou first came to the river by the chase staff and took the initiative to jump into Hanoi. Rescue behavior is also a justice worthy of advocating and promoting. Therefore, there is no inevitable causal relationship between the behavior of the personnel of the property company and the drowning of Qin Moumou, and its infringement is not established. The People's Court of the first and second instance made a clear positive response on issues such as the party's behavior on the wrong, compensation, and no compensation, clarifying the law, adhered to the fairness and justice of society, established the correctness, and established the right. Value orientation promotes the core values ​​of socialism.

【Expert Reviews】

Fang Xinjun, dean, professor, doctoral supervisor of Suzhou University Law School

Judicial referee is a stabilizer for fixed scores, and it is also a living textbook that shows the spirit of the rule of law and a navigator that leads the social style. In this case, after being discovered, theft jumping into the river to escape the security guards, which is regrettable, but the judiciary must have a distinct position and orientation. Once a "crying child" compromises and concessions, it may be able to give the deceased’s deceased’s. The relatives bring a little comfort, but it will make the rules dust, disordinate order, and make people unswerving.

The court of first instance and the second instance of the second instance effectively clarified the contest and strongly clear the point of view. The core values ​​of socialism, strengthen the sense of public rules, promote the formation of good and harmonious public order, social customs full of positive energy, and have a positive effect.

Source: News Media Headquarters of the People's Court of the Supreme People's Court

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