It happened in June 5438+065438+1October 65438+May last year. It was the wedding day of Wang Zhisheng's daughter's engagement. 1 1 pm, Wang Zhisheng bought bedding on the fifth floor of the headquarters of Anhui Commercial Capital alone. According to the original statement, the plaintiff claimed to complain because Cai, the assistant of the counter, was absent during working hours. After that, the salespersons of other counter groups contacted Cai by telephone, and Cai Cai came to ask the plaintiff, "If you want to complain about me, then you can complain about me!" ! Then there was a quarrel between the two sides.
Wang Zhisheng immediately found Sun, the mall manager in charge of the complaint. Sun immediately took Wang Zhisheng to the bedding cabinet group after understanding the situation and asked Cai to apologize. However, Cai did not apologize, and the two sides quarreled again and pushed and pulled each other, causing the plaintiff to fall to the ground and could not move. The situation is quite dangerous. However, the mall did not take timely measures to send the plaintiff to the hospital for treatment, but only took measures after the plaintiff's relatives heard the news.
Because Wang Zhisheng himself suffered from high blood pressure, this kind of mood fluctuation led to Wang Zhisheng's cerebral hemorrhage, which was later identified as grade seven disability. According to his family, Wang Zhisheng still can't walk for too long and needs a wheelchair to move.
The plaintiff believes that the defendant Anhui Shangdu neglected management, which led to the absence of sales staff. At the same time, salespeople can't treat customers' normal and reasonable criticisms correctly, and they quarrel with customers repeatedly, resulting in injuries. Therefore, the defendant should bear 60% of the responsibility. The defendant was required to compensate the plaintiff for medical expenses, nursing expenses and other expenses totaling 654.38 million yuan.
The defendant, Anhui Shangdu, thought that he should not bear any responsibility and asked the court to dismiss his claim. The defendant claimed that the cause of the case was that the plaintiff was dissatisfied with the clerk's failure to collect it in time when shopping, so there was a dispute with him. However, the salesperson left according to the lunch time stipulated by the mall at that time, which was a normal rest and there was no vacancy. In the whole process, the clerk had no subjective malice to the plaintiff's damage result, and the plaintiff was suffering from high blood pressure and emotional excitement, so there was no evidence to prove that the clerk of Shangdu abused or even pushed and pulled the plaintiff.
During the trial, both parties applied for witnesses to testify in court. Since none of the witnesses was the first witness at the scene of the incident, whether there was any shoving or abusive behavior, the witnesses could not give an accurate answer.
The two sides failed to reach a settlement in court.
The plaintiff promised, male, 9 years old, a student of No.1 Primary School, Beilishi Road, Xicheng District, Beijing. Its legal representatives are Xu (father) and Sun Shuzhi (mother). Defendant: Beijing Urban Architecture Design and Research Institute. Its legal representative is President Wang Xinjie. The reason for damages is that 1996+65438, at noon on February 6th, his toys fell into the warehouse next to the substation room of Beijing Urban Construction Design and Research Institute. When he went to the room to pick up the toys, the defendant unit failed to install protective facilities and obvious warning signs on the outdoor high-voltage cable head of 10kV, which caused him to be caught by the high-voltage cable head and burn his arm for life. Therefore, a lawsuit was filed with Beijing No.1 Intermediate People's Court, demanding that the defendant compensate for various economic losses and prosthetic expenses totaling 2.95 million yuan. The defendant argued that the high-voltage cable head promised by the plaintiff should be maintained by Beijing Power Supply Bureau, which should be responsible for the damage caused by its subjective negligence and objective inaction, and promised to climb the roof of the distribution room of the fourth branch of Beijing Municipal Engineering Bureau through illegal buildings, so the fourth municipal company should also be responsible for the promised disability. Therefore, Beijing Urban Construction Design and Research Institute has neither subjective fault nor illegal behavior in committing electric shock injury, and does not agree with the plaintiff's commitment lawsuit request. The court found through trial that at noon on February 6th, 1996 65438+ promised to pass the substation room of Beijing Urban Construction Design and Research Institute. Because I promised to pick up toys with my classmates on the roof of the substation, I promised to be injured by the exposed 10 kV high-voltage cable head on the roof. After beijing jishuitan hospital's treatment, he was diagnosed as "15% ⅲ-ⅳ degree electric burn of both upper limbs and amputation of the middle part of both upper limbs". 1April, 1996, appraised by Beijing Science and Technology Court as: "The promised loss is electric burn of both upper limbs. At present, the lack of upper limbs below the middle of the upper arm seriously limits their future life, study and work. The ability to work promised by the appraiser was completely lost. " The plaintiff's legal representative has paid 22,400 yuan for medical expenses, 3,488.43 yuan for his father's lost time and 300 yuan for appraisal. Proved by Beijing Prosthetic Factory, it promises to replace the prosthesis once a year before 18 years old, and once every three years between 18 years old and 73 years old. It costs 80,000 yuan to replace the prosthesis. Prosthetic replacement cost * * * 3.36 million. At present, Beijing Urban Construction Design and Research Institute has paid the promised legal representative 6.5438+0.2 million yuan for living expenses. In addition, Beijing Urban Construction Design and Research Institute is the property owner of the high-voltage cable head promised by the injured. During the trial, the Law and Regulation Department of the Ministry of Electric Power replied to the court that the civil liability occurred on the power supply equipment was borne by the owner of the power supply equipment, and the safe distance of the power supply equipment was lower than the requirements stipulated in the standard, so a fixed barrier should be installed. Water and electricity regulations of the Ministry of Electric Power (85). 6 1 Technical Code for Design of High-voltage Power Distribution Equipment stipulates that the safe clear distance of outdoor power distribution equipment and the distance between the live part and the edge of buildings and structures should not be less than 2.2m According to the actual measurement, the distance between the external dew point of high-voltage cable and the edge of power distribution room maintained by Beijing Urban Construction Design and Research Institute is1.2m.10kV, and no fixed obstacles are installed at the cable head of the high-voltage line. The above facts are proved by the statements of the two parties, the hospital diagnosis certificate, the plaintiff's medical bills, the forensic appraisal conclusion and the reply from the Law Department of the Ministry of Electric Power Industry. The court held that citizens have the right to life and health and the right to claim compensation from the infringer. To judge whether the life and health of the parties have been infringed by their actions or omissions, the existence of damage facts should be taken as the basis of civil liability. Beijing Urban Construction Design and Research Institute believes that the power supply supervision department of Beijing Power Supply Bureau should bear the responsibility, because the high-voltage cable head and ancillary facilities that caused the plaintiff to promise to get an electric shock were installed by the power supply department, and the electrical project of replacing the cable head has been accepted by the Beijing power supply supervision department since then, and the power supply supervision department has never raised any objection to the defendant during the 23 years of power supply. The power supply supervision department's supervision over the power consumption of power users is an inspection activity for high-voltage power users. If it is found that it does not meet the requirements, it will notify the property right unit to improve it according to law. Laws and regulations do not require the power supply supervision department to actually perform the obligations related to this behavior instead of the property right unit of high-voltage facilities. In this regard, the Ministry of Electric Power clearly stipulates that the civil liability of power supply equipment or lines shall be determined according to the principle of ownership of power supply equipment or lines. Who owns the property rights of the existing power supply equipment or lines, and who bears the relevant responsibilities that occur on the equipment or lines? The high-voltage cable head causing the promised electric shock belongs to the incoming part of the power supply line of Beijing Urban Construction Design and Research Institute, and is also a part of the user's high-voltage power receiving device, and its property right belongs to Beijing Urban Construction Design and Research Institute. It should be pointed out that if the safety distance of power facilities is obviously lower than the standard due to historical reasons, power users should install fixed isolation barriers and warning signs in accordance with the requirements of the National Technical Code for Design of High Voltage Distribution Equipment to ensure safety. However, the defendant did not perform his duties seriously and did not pay attention to the dangerous situation that should be foreseen, which eventually led to the promised electric shock disability. The causal relationship in this case exists objectively, and the defendant Beijing Urban Construction Design and Research Institute should bear the main responsibility. Privacy case
Case 2: Can the private parts of patients be used as teaching "specimens"?
Jing went to the hospital for examination because she was pregnant before marriage. When the doctor examined her, he called more than 20 medical interns, taking Ah Jing as a "specimen" and explained it to her on the spot. Jing is ashamed. 200 1 10 8 A Jing brought a lawsuit to the People's Court of Shihezi City, Xinjiang, suing the First Affiliated Hospital of Shihezi Medical University in Xinjiang and the doctors involved for infringing her privacy and demanding compensation for mental damage. This case has caused controversy in the medical and legal circles all over the country.
September 65438+May, 22-year-old A Jing, who was pregnant before marriage, accompanied by her boyfriend, went to the First Affiliated Hospital of Shihezi Medical University in Xinjiang for induced abortion. Under the arrangement of Sun Mou, an obstetrician and gynecologist, A Jing got ready as required and lay on the examination bed waiting for examination. At this time, the doctor called more than 20 men and women in white coats around the bedside. Jing was very nervous and asked the doctor to let them out. The doctor said, it doesn't matter, they are all interns. The doctor told Jing to lie down, and while touching Jing's body, he introduced the names and symptoms of various parts to the intern. The examination and explanation process took about five or six minutes.
It is understood that the intern of the day was a 97-year undergraduate student at the Medical College of Shihezi University.
Afterwards, angry A Jing and her boyfriend decided to protect their legitimate rights and interests by legal means after consulting their lawyers.
This matter has caused great controversy in the medical and legal circles all over the country. The medical community believes that as a teaching practice hospital, this practice is normal, not to mention invasion of privacy, otherwise how to complete the task of cultivating medical students. Traditionally, patients are not greeted in advance. If the patient's opinion is sought, the patient will definitely disagree. Moreover, hospitals have been doing this for decades, and there are no regulations and documents to stop it. Medical college and its affiliated hospitals basically agree with this view.
Wang, a lawyer of Xinjiang Tianyu Law Firm who provides legal aid to A Jing, believes that the hospital's practice has seriously violated the personal dignity and privacy of patients. People's special parts have the right not to be seen, explored or photographed by others. In principle, the doctor's examination of the patient's body does not constitute an invasion of privacy, because patients sometimes need to go to the hospital for medical treatment, receive corresponding examinations, and even consult experts many times. But the key to this matter is that people other than the attending doctor or the competent doctor watch and explain the patient's private parts, which is not allowed. The practice of medical students should also be standardized accordingly. Many senior lawyers also agree with this view.
It is understood that this is the first case in China in which a patient was sued for compensation for mental damage because he was treated as a teaching object by a hospital. Experts in the medical and legal fields believe that no matter what the verdict of this case is, it will have a far-reaching impact on the internship of medical college students in China.
Case 3: When the right to privacy meets the right to life and health.
Saved the patient's life but violated the patient's privacy. Recently, an incident occurred in a hospital in Xiamen, which triggered a dispute about "which is more important, the right to privacy or the right to life and health".
Miss Gong, 19 years old, went to the psychological clinic a week ago because of uterine bleeding. After the psychologist made a promise of "absolute confidentiality", Miss Gong revealed her heart disease: she was pregnant before marriage and took abortion drugs, which led to uterine bleeding. During the psychotherapy, Miss Gong began to appear in a coma. In order to save Miss Gong's life, the doctor broke his promise, told the truth to the obstetrician and gynecologist concerned, and asked the obstetrician and gynecologist for emergency assistance.
After the rescue, Miss Gong was out of danger, but the kindness of the psychologist was scolded by Miss Gong: the privacy that was originally unknown is now hard to hide. Parents who came to the hospital also vaguely felt their daughter's secret from her unreasonable answer. Since then, although Miss Gong's uterine bleeding has recovered day by day, her heart disease has worsened day by day. /kloc-at the age of 0/9, she always finds it difficult to look up.
Some people think that doctors should not disclose patients' privacy without their consent. Miss Gong has complained to the psychologist about the confidentiality requirements, and the psychologist has also promised "absolute confidentiality". Although the doctor disclosed the privacy to others for the sake of the patient's life, it violated the patient's own wishes and violated the right to privacy.
Many doctors believe that the right to life and health is greater than the right to privacy. Dr. Zhang from the Provincial People's Hospital believes that doctors should of course respect patients' right to privacy, but when patients are critically ill and unconscious, the first consideration is rescue, which is a doctor's professional ethics.
Lawyer Jiang Jinyin of Fujian Bamin Law Firm believes that the Law of People's Republic of China (PRC) on Medical Practitioners stipulates that doctors must protect patients' privacy. However, when the patient's right to privacy endangers public safety (according to regulations, patients have infectious diseases and doctors must report to the health and epidemic prevention station), the right to privacy must be subordinated to public safety. When there is a contradiction between the right to privacy and the right to life and health, the right to life and health should be greater than the right to privacy, that is, when a kind of injury is inevitable, the parties can choose a smaller injury to avoid a larger one.
The right to education case 1: Shenyang Normal University expelled five students who cheated in the exam. Faced with the "capital punishment" of the school, the expelled college students thought that the school had no right to expel them, so they took the school to court and asked the court to decide to cancel the administrative act of expulsion. Yesterday (February 7), the reporter learned that the case has been formally filed in the Yuhong District People's Court in Shenyang, Liaoning Province, and the court will hold a hearing in the near future. According to Lu Han (a pseudonym), a junior who was expelled from Shen Normal University, several expelled college students are all junior and senior students of this school. A school exam from June, 5438 to February, 2006, in which several students took the place of the exam, was discovered by the school. On June 5438+1October1June, 2007, Lu Han and four other college students who violated the rules in the exam received the Notice of Punishment for Students of Shenyang Normal University issued by the Student Affairs Office of Shenyang Normal University, and the school decided to expel five college students. In this notice, the school said that according to Article 12 of Chapter II of the Measures for Handling Disciplinary Acts in National Education Examinations, Article 54 of Chapter V of the Regulations on the Management of Students in Ordinary Colleges and Universities, and Article 7 of Chapter II of the Regulations on the Punishment of Students in Shenyang Normal University. "I violated discipline in this exam during my college years, but I didn't expect to be expelled from school. I can accept it if the school makes a demerit, but the expulsion is too heavy. " Lu Han said. "It is wrong for children to violate discipline in exams, but no matter how bad they are, they have the right to education. Schools can't stop children from continuing their studies just because they violate the discipline in an exam. Didn't the school's decision to expel students ruin the children? " Lu Han's father told reporters. "The expulsion of us from the school violated our right to education, and there is no legal basis for expulsion!" Another college student who was expelled said. In February 2007, five college students took their alma mater, Shenyang Normal University, to court. Students claim that the school has no legal right to expel students, and the expulsion from the school is illegal and has no legal basis, which directly deprives students of their basic rights to receive education. In this way, students asked the court to cancel the administrative act of expelling several college students from the school and restore their status as students. Wang Nailong, an attorney for many students, believes that during the process of students' receiving higher education at school, the school failed to educate and train students well, which led to students cheating in exams. In fact, the school is also at fault, and the school has an unshirkable responsibility for students cheating in exams. The plaintiff Yuan Moumou is a middle school student in a county. 200 1, the plaintiff reached the undergraduate admission score of ordinary colleges and universities with a total score of 372, and filled in the professional volunteer form of colleges and universities above the undergraduate level with 40 points exceeding the undergraduate admission score. Due to many reasons other than the undergraduate admission score, the plaintiff did not fill in the admission volunteer below the junior college, but in the column of whether the three undergraduate colleges and majors admitted in the second batch obey the distribution, she specially filled in "Yes", that is, obey the distribution. However, after the undergraduate admission, the plaintiff failed. After inquiring the provincial admissions office, it was found that the reason for losing the election was that the county admissions office misreported the "yes" in the obedience column as "no" when making the electronic files of candidates. Afterwards, although the plaintiff and his family made representations with Ban Zhao many times, to no avail, Ban Zhao was responsible for the delay. Due to mental stress, the plaintiff committed suicide many times and was in a state of complete collapse. Helpless, his family contacted a college for him to study. In order to give the children a fair and honest life, the plaintiff and his family entrusted our lawyer Liu Xiquan to sue on their behalf.
After accepting the case, the lawyer made a careful analysis of the first case in the province that violated the examinee's right to education because of the wrong filing. On the basis of studying many documents such as 200 1 provincial recruitment measures and 200 1 notice on the implementation of computer online admission, the lawyer filed a lawsuit after interviewing a large number of witnesses, demanding that the defendant bear civil liability and apologize, and compensate 45,000 mental losses and economic losses. On the basis of finding the defendant's infringement, the court of first instance held that the plaintiff should bear the losses caused by the defendant's infringement, such as college entrance fees, contact with the school and inquiries. However, it is unforeseeable and legally unfounded for the plaintiff to demand compensation for the losses and mental damages caused by the delay in attending the work. According to this, the defendant was ordered to pay the plaintiff 7690 yuan for tuition and 2000 yuan for transportation, and rejected other claims.
After the verdict was pronounced, the plaintiff refused to accept it and appealed. The agent of the court of second instance thinks: ① The original judgment supports the tuition fee of 7,690 yuan, but it is wrong not to support the apartment fee and living expenses. Because the tuition is paid to the school, other expenses will cost 4600 yuan; The original judgment found that "the claim for compensation for losses caused by overdue participation in work is unpredictable" was wrong. In this case, delaying work for one year is a foregone conclusion, so it is foreseeable and inevitable. Therefore, according to the national standard salary of undergraduate graduates during the probation period of 465 yuan, this loss alone has reached 5580 yuan. ③ The original judgment that "the right to education has been infringed" is not in the Supreme People's Court's Interpretation of Several Issues on Determining the Liability for Compensation for Moral Damage in Civil Tort, and the plaintiff's moral compensation is also based on facts.
In view of the above opinions of the agent, the court of second instance supported part of the appellant's appeal request, and ordered the defendant to pay Yuan an annual tuition fee of 7,690 yuan, transportation fee, accommodation allowance of 3,000 yuan, and spiritual consolation 10000 yuan, totaling 20,690 yuan. So far, the first case of infringement caused by students' electronic files in this province has been successfully solved.
Consumer rights supermarket forcibly searched the legitimate rights and interests of consumers. On the afternoon of March 29th, 2007, Wang, a student aged 13, and his classmates went shopping in a supermarket in Dongtou. After the payment, Wang was stopped by the supermarket security guard. In front of many customers, the supermarket security guard said that Wang had stolen the goods from the supermarket, dragged Wang to the office and forced him to strip off his clothes and search him. Wang didn't leave until he found the goods in the supermarket. Because there were many students shopping in the spring outing that day, this behavior of the supermarket had a certain negative impact on Wang's class, school and other specific areas, which put Wang Cheng under certain pressure. Recently, Wang's guardian complained to the Consumer Council of Dongtou County, asking the supermarket to explain the matter to the school, teachers and classmates, publicly apologize, eliminate the negative influence caused by the student at school, and compensate for the mental loss. The Consumer Council of Dongtou County attached great importance to this complaint, and after in-depth investigation, it basically identified the infringement facts of the supermarket. Article 53 of the Measures for Implementing the Law of People's Republic of China (PRC) on the Protection of Consumers' Rights and Interests in Zhejiang Province stipulates that if an operator provides goods or services and causes mental damage to consumers, he shall stop the infringement, restore his reputation, eliminate the influence, make an apology and compensate for the mental damage. On the basis of finding out the facts, the Consumer Council of Dongtou County mediated the two parties, which led to an agreement: under the supervision of the staff of the Consumer Council of this county, the person in charge of the supermarket went to Wang's class to explain the situation and apologize, and at the same time, the supermarket compensated Wang and mental damage compensation for 3,800 yuan. This is also the first case of mental loss compensation mediated by the county. On April 9, 2007, the guardian of Consumer Wang sent a banner to the County Consumer Committee, expressing heartfelt thanks to the County Consumer Committee for earnestly safeguarding the legitimate rights and interests of consumers. On July/0/0, 2000, Sun Mou, a villager from Jianshe Village, Jiefangtan Town, Dalat Banner, Yikezhao League, Inner Mongolia, held a funeral for his father, and bought inferior kerosene 15 kg from Jiefangtan gas station collectively operated by Qi Petroleum Company. Oil drums filled with inferior kerosene exploded on the funeral road, causing several injuries. Among them, Yang's injury was the most serious and was identified as a first-class disability by the relevant departments. After the incident, the relevant responsible persons shirked each other, and the victim was caught in a dilemma of life and death. The Inner Mongolia Branch of Xinhua News Agency conducted news supervision on this matter, which attracted the attention of relevant departments.
Results: After mediation by the judicial department, the victim finally got compensation of 430,000 yuan. On the morning of August 2, 2002, when Qiao Mou, a farmer from Xishe Village, Zhaojunfen Township, Dalat Banner, Ordos City, Inner Mongolia, and his son Zhang were cooking at home, an explosion occurred due to the quality problem of liquefied gas stoves, and Zhang was severely burned and disabled. Liquefied gas stoves are produced by Kaige Electric Appliance Factory in Ronggui District, Shunde City, Guangdong Province. After the incident, it was identified by the relevant departments that the quality of liquefied gas stoves was unqualified, and consumers were injured by explosion in use. Manufacturers and sellers should be liable for compensation.
For more than two years, the victim borrowed more than 200,000 yuan for treatment. Although the Intermediate People's Court of Erdos City awarded the manufacturer compensation of more than 570,000 yuan, it is difficult for the court to enforce it because the manufacturer is in Guangdong.
Results: At present, only half of it has been implemented, and there is not much money left, so it is impossible to pay off the debt handling expenses. The victim is still in extreme physical and mental pain.