Red Star Journalist | Chen Qingyuan Intern | Ma Xiaotong
Editor | Ren Zhijiang Editor | Guo Zhuang
On September 15, Xiao Li, a 7-year-old boy from Qingdao, Shandong Province, broke his left hand while learning to fight. Xiao Li's parents reported the case to the local police, and Xiao Li's injury was identified as minor. Xiao Li's parents think that coach Xu intentionally hurt Xiao Li, and his behavior is a crime, while Xu said that he was just demonstrating the movements of his feet. After the incident, the police decided that the incident had no criminal facts and made a decision not to file a case. Xiao Li's parents refused to accept it and recently applied to the local public security bureau for reconsideration. The Red Star journalist learned from the gym that coach Xu had left the institution. The reporter contacted Xu many times and didn't get a response. When you are injured by a coach while studying in a fighting field, under what circumstances will it constitute intentional injury? Some lawyers analyzed to the Red Star journalist that the Civil Code has relevant provisions on the principle of taking risks at your own risk. If you are injured in a fight with the coach in fighting training, then the students should take their own risks. Coaches do not constitute civil tort or intentional injury. If the coach has no reason to use violence to intervene in training, it is a kind of corporal punishment, and meeting certain conditions constitutes intentional injury.
7-year-old students have a fighting class
Parents said that the personal trainer repeatedly pushed and kicked and caused a fracture.
In order to keep her children healthy, Ms. Wang signed up for a number of courses in Qingdao, Shandong Province with a pair of children. When signing up for the fighting class, the full-time fitness staff recommended to Ms. Wang that coach Xu won the championship and runner-up in the fighting competition, and he can sign up for his one-on-one private training class, with a class of more than 200 yuan. After the audition class, Ms. Wang decided to choose Xu.
However, an accident happened in a private education class on the afternoon of September 15. Ms. Wang said that Xu repeatedly pushed Xiao Li, which eventually led to a comminuted fracture of the middle left ulna of her 7-year-old son Xiao Li.
The official account of WeChat introduces Xu Bo. According to the interviewee.
Ms. Wang said that she was accompanied by her children to take private lessons in fighting. At that time, he trained for a period of time. Coach Xu thought that Xiao Li didn't play well and stopped training. He first picked up Xiao Li's collar and pushed Xiao Li back a few steps. Later, seeing that Xiao Li still couldn't practice well, Ms. Wang heard Xu say, "Stop fighting, stop fighting."
The surveillance video provided by Ms. Wang to Red Star News at the time of the incident showed that the child was practicing fighting, Ms. Wang had been sitting on the stool in the fitness room, and Xu was sitting on the other side watching Xiao Li and her sister fight. During this period, Xu waved to Xiao Li, and Xiao Li slowly walked towards Xu. Xu suddenly pushed him back and the child sat on the mat. After getting up, he continued to fight with his sister.
On another occasion, when Xiao Li and his sister were practicing fighting, Xu kicked Xiao Li down with one foot, and Xiao Li had not fully got up. Xu kicked two feet at Xiao Li again. After Xiao Li stood up and had a fight with her sister, she went to see Ms. Wang.
Ms. Wang said that Xiao Li shouted after being kicked, and then began to cry. Later, when I continued to practice with my sister, my sister found that Xiao Li's lips changed from red to purple. "I heard that the voice is very wrong. It is the kind of sound that is made after being hurt a lot. "
Because the coach used to have similar shoving in class, Ms. Wang felt it necessary to learn the sport of fighting at that time, so she accompanied Xu and did not go forward to stop it.
At that time, Xu saw Xiao Li crying badly and let him rest beside him. Xiao Li went to see Ms. Wang and said that her arm hurt. Ms. Wang let Xiao Li drink two sips of water, and Xu let Xiao Li go back to practice. At this time, Xiao Li's arm could not be lifted.
Ms. Wang realized the seriousness of the problem and asked Xu to suspend classes. Then, she took her children to the emergency department of Qingdao Chengyang Guzhen Orthopedic Hospital for registration examination, and was hospitalized on September 15. According to the hospital's diagnosis report, Xiao Li's left hand was "fractured in the middle of the left ulna, with overlapping broken ends". After being hospitalized 16 days, Xiao Li was discharged from the hospital.
The injury constitutes a minor injury.
Gym: The coach involved has been dismissed.
On September 16, the child's family called the police. Then the police seized the surveillance video of the gym. According to the materials provided by Ms. Wang, Chengyang Branch of Qingdao Public Security Bureau issued the Notice of Appraisal Opinions on June 65438+1October 65438+April 4, which made a forensic appraisal of Xiao Li's injury, and the appraisal opinion showed that Xiao Li's injury constituted a minor injury.
After identification, Xiao Li's injury constitutes a minor injury. Photo courtesy of respondents
1October 28th, 65438, Ms. Wang received a notice from the police not to file a case. After examination, Chengyang Branch of Qingdao Public Security Bureau concluded that there was no criminal fact in this case and decided not to file a case.
Ms. Wang provided the reporter of Red Star News with a recording of the conversation between her family and the police during the mediation process. The recording shows that the police replied to Xiao Li's parents. Xu said in the transcript that he was demonstrating his foot movements to Xiao Li at that time and did not intentionally hurt the child. He also said that the police have carefully watched the surveillance video. The police believe that there is no evidence that Xu intentionally injured Xiao Li, and the incident cannot constitute a case.
Red Star News repeatedly called Chengyang Branch of Qingdao Public Security Bureau and the police handling the case, but they were not interviewed.
Note that the police will not file a case. Photo courtesy of respondents
After the incident, both children's fighting classes have stopped. Ms. Wang said that full-time fitness had negotiated with her, compensated according to twice the medical expenses of Xiao Li, and asked to sign a confidentiality agreement with Ms. Wang, but Ms. Wang did not accept it.
The Red Star journalist noticed that on June 10, 10, Full-time Fitness also tweeted an article about Xu on its official WeChat account in the children's section. According to the article, Xu, as a full-time fitness super-class fighting coach, will give special lectures to the students this weekend. 165438+ 10/4, Ms. Wang came to full-time fitness again, and the staff informed her that Xu had been dismissed and other staff members were fined.
Red Star News learned from the full-time fitness staff that Xu resigned from full-time fitness a few weeks ago and the matter has been handed over to relevant departments for handling. The Red Star journalist called Xu to learn about Xiao Li's injury, and Xu immediately hung up. The reporter sent him a text message and didn't reply.
Xiao Li has resumed school recently. According to Ms. Wang, the doctor told Xiao Li not to engage in sports activities for one and a half years, otherwise the probability of causing a second fracture is 80%. Ms. Wang said that if necessary, a civil lawsuit will be filed.
Lawyer's opinion:
The key is whether the injury is caused by fighting training and confrontation.
Does the behavior of coach Xu in the video belong to normal teaching?
Two coaches who teach fighting courses told Red Star News that in their experience, coaches should not "kick, hit and push" children in actual teaching.
A coach surnamed Liao said that in the actual confrontation between young students, the coach can observe the movements of the students from two to three meters away from the children and remind them how to protect themselves, instead of sitting next to them like the coach in the video.
A coach surnamed Liang told the Red Star journalist that the teaching course is divided into action and actual combat. Whether two children fight is learning action or actual combat, the specific teaching situation is different. The coach also needs to control the strength in the teaching process. But in any case, under normal teaching conditions, coaches should not demonstrate actions to young students. Kicking with your feet is irregular and easy to hurt people.
Zhao Liangshan, a lawyer of Shaanxi Hengda Law Firm, told Red Star News that according to Article 176 of the Civil Law, "if the victim voluntarily participates in certain dangerous cultural and sports activities and is damaged by the actions of other participants, the victim may not ask other participants to bear tort liability; However, unless other participants have intentional or gross negligence in the occurrence of damage. "
Zhao Liangshan pointed out that fighting training itself is dangerous. According to the principle of self-indulgence risk stipulated in the above-mentioned civil code, if Xiao Li is injured in the process of fighting training confrontation, then Xiao Li bears the risk at his own risk, and Xu does not constitute civil tort or intentional injury.
However, after watching the incident surveillance video, Zhao Liangshan believes that if Xiao Li is not injured in the process of fighting training confrontation, but as shown in the video, Xu will hurt Xiao Li with his foot and cause minor injuries, then Xu's behavior is suspected of intentional injury. Zhao Liangshan suggested that the case-handling organ should further investigate and verify whether Xiao Li's injury occurred in the process of fighting training confrontation. The most important thing in this case is whether Xiao Li's injury was caused by Xu Moumou outside the fight training confrontation.
Regarding whether Xu's behavior constitutes a crime of intentional injury, Yuan Chunhui, a lawyer of Beijing Yingke Law Firm, believes that it depends on whether the child's injury is an accident in normal teaching or whether someone intentionally hurts.
Lawyer Yuan Chunhui told Red Star News that the first shoving between the coach and the child can still be considered as an incorrect teaching method. But the second time is definitely not a regular coaching process. If the child is injured in the process of fighting with the coach, it is an accident in teaching. But the child didn't practice with the coach, and the coach had no reason to interfere with the training with violence. The coach can instruct the movement, but he must never kick the child down. This behavior is a kind of corporal punishment, but it is a kind of intentional injury.
Lawyer Zhao Liangshan pointed out that if Xiao Li and his parents refuse to accept the decision of the public security organ not to file a case, they can apply for reconsideration to the public security organ that made the decision after obtaining the notice of not filing a case; If you are still dissatisfied with the reconsideration result, you may apply for reconsideration to the public security organ at the next higher level; At the same time, you can also apply to the investigation and supervision department of the procuratorate for filing supervision.