The matter occurred on November 15 last year. That day is Wang Zhisheng daughter's engagement of the big day, 11:00, Wang Zhisheng alone in Anhui business of the general store on the fifth floor to buy bedding. According to the plaintiff said, because the counter salesman Cai Mou is not at work time, the plaintiff said to go to the complaint. Thereafter, the other counter salesman notified CaiMou by phone, CaiMou rushed over, questioned the plaintiff "is you want to complain about me, then you complain about me! Then the two sides had a quarrel.
Wang Zhisheng immediately found responsible for the complaints of the mall manager Sun, Sun understood the situation and then brought Wang Zhisheng to the bedding cabinet, asked Cai to apologize. But Cai did not apologize, the two sides again quarrel, and push and pull each other, causing the plaintiff fell to the ground, can not move, the situation is quite dangerous. But the shopping mall did not take measures to timely send the plaintiff to the hospital for treatment, but only after the plaintiff's relatives rushed to the hospital rescue.
Because Wang Zhisheng himself suffers from high blood pressure, the emotional fluctuations led to Wang Zhisheng cerebral hemorrhage, later identified as constituting a seventh-degree disability. According to his family, Wang Zhisheng still can not walk for too long, need to use a wheelchair to act.
The plaintiff believes that the defendant anhui business of the negligence of the management of the salesman caused by the absence of post, at the same time, the salesman can not correctly treat the customer normal, reasonable criticism, repeated quarrel with the customer, and then the injury occurred. Therefore, the defendant should bear 60% of the responsibility. The defendant is required to compensate for the plaintiff's medical expenses, nursing costs and other costs totaling more than 100,000 yuan.
The defendant, Anhui Shangzhidu, argued that it should not be held liable, and asked the court to reject its claim. The defendant suggested that the cause of this case is the plaintiff in the shopping mall salesman did not receive in a timely manner and feel dissatisfied, so he argued with him. But the salesman left at that time according to the shopping mall lunch time, is a normal rest, no absence of duty. In the whole process, the salesman to the plaintiff damage results without subjective malice, at the same time the plaintiff because of its own history of high blood pressure and emotional distress led to the results of the damage, there is no evidence to prove that the salesman of the business of the plaintiff there is verbal abuse, and even push and pull behavior.
The trial, both sides applied for witnesses to testify in court, due to the witnesses are not the first witness of the scene of the incident, whether there is a push and pull, abusive behavior, witnesses can not give an accurate answer.
The two sides did not reach a settlement in court.
2 Plaintiff Xu Nuo, male, 9 years old, Beijing Xicheng District, the first elementary school students. His legal representative Xu Shuanglin (father), Sun Shuzhi (mother). Defendant Beijing Urban Architectural Design and Research Institute. Its legal representative director Wang Xinjie. Case Damages plaintiff claimed that at noon on December 6, 1996, its home from school, because the toys fell to the defendant Beijing urban construction design research institute substation room next to the warehouse, in the room to pick up the toys, due to the defendant unit did not set up in the ten kilovolts of high-voltage outdoor cable head protective facilities and obvious warning signs, to the high-voltage cable adsorption, burns caused by the high voltage cable head high level of amputation of both arms, leaving a He was left with lifelong disabilities. This sued to the first intermediate court in beijing, the defendant compensation for economic losses and prosthetic cost *** 2.95 million yuan. The defendant argued that the plaintiff Xu Nuo high voltage cable head should be maintained by the Beijing municipal power supply bureau, the Beijing municipal power supply bureau should be its subjective negligence and objective failure to take responsibility for the consequences of the damage, and Xu Nuo is through the Beijing municipal engineering bureau of the fourth branch of the illegal construction of the unit climbing on the roof of the distribution room, so the municipal four companies should Xu Nuo disability guardianship responsibility. Therefore, the Beijing municipal construction design institute of xu nuo electric shock injury neither subjective fault, and no illegal behavior, do not agree with the plaintiff xu nuo's request. The court ascertained that at noon on December 6, 1996, Xu Nuo passed by the transformer room of Beijing Municipal Urban Construction Design Institute after school. As Xu Nuo and his classmates went to the roof of the substation room to pick up toys, Xu Nuo was adsorbed on the roof of the exposed ten-kilovolt high-voltage cable head injury. Xu Nuo was treated at Beijing Jishuitan Hospital and was diagnosed with "double upper limb electrical burns of 15% Ⅲ°-Ⅳ°, and amputation of the middle part of both upper arms was performed." In April 1996, the Beijing Municipal Court of Science and Technology appraised Xu Nuo's loss as "double upper limb electrical burns. At present, Xu Nuo's upper limbs are missing below the middle part of the upper arm, which severely limits his future life, study and work. Respondent Xu Nuo's ability to work is completely lost." The plaintiff's legal representative has now delivered 22,400 yuan in medical expenses, his father Xu Shuanglin lost 3488.43 yuan in lost wages, and 300 yuan in appraisal fees. The Beijing prosthetic factory proved that Xu Nuo in 18 years old before each year need to replace a prosthesis, 18 years old to 73 years old between 3 years need to replace a prosthesis, replacement of a prosthesis needs 80,000 yuan. The cost of replacing the prosthesis *** amounted to 3.36 million dollars. Beijing Municipal Institute of Urban Construction Design has paid 12,000 yuan of living expenses to Xu Nuo's legal representative. In addition, the Beijing Urban Construction Design and Research Institute is the owner of the high-voltage cable head that injured Xu Nuo. During the court trial, the Ministry of Electric Power Regulations Department replied to the court that the civil liability occurred on the power supply equipment was borne by the property owner of the power supply equipment, and the safety distance of the power supply equipment was lower than the standard requirements, and a fixed cover should be installed. Ministry of Electric Power (85) Water and Electricity Regulation No. 61, "High Voltage Power Distribution Device Design Technical Regulations" provides that the safety clearance of the power distribution device outside the house, between the electrified portion and the edges of buildings and structures should not be less than 2.2 meters. After measurement, the Defendant Beijing Urban Construction Design and Research Institute is responsible for the maintenance of the high-voltage cable of the exposed point from the edge of the transformer room distance of 1.2 meters. The ten-kilovolt high-voltage cable head is not equipped with a fixed cover. The above facts have both parties statement, hospital diagnosis certificate, the plaintiff's medical bills, forensic identification conclusions, the electric power industry regulations department of the reply letter in the case. The court held that citizens enjoy the right to life and health, but also enjoy the right to demand compensation for the aggressor. Judge whether a party due to the way of action or inaction, resulting in other people's life, health infringement brought about by the loss of property, should be based on the existence of the fact of damage, as the basis for civil liability. Beijing urban construction design institute to cause the plaintiff XuNuo electrocution of high voltage cable head and appurtenant facilities is the power supply department installation, and after the cable head replacement and other electrical engineering, all through the Beijing power supply supervision department acceptance, power supply supervision department for 23 years has never to the defendant raised objections to the power supply supervision department for the reason that the Beijing municipal power supply bureau power supply supervision department should assume responsibility. The power supply supervision department of the power supply unit of the electricity situation, is a high-voltage power users of an inspection activities, found to be not in accordance with the provisions of the place, notify the property rights of the unit to improve according to law, the laws and regulations do not require the power supply supervision department instead of the property rights of the high-voltage facilities to actually fulfill the relevant behavior of the obligation. In this regard, the Ministry of Electric Power clearly stipulates that civil liability in the power supply equipment or line, is determined by the principle of ownership of power supply equipment or route. Whoever owns the property rights to the power supply equipment or routes should bear the relevant responsibilities that occur on the equipment or routes. The high-voltage cable head that caused Xu Nuo's electrocution belongs to the Beijing Urban Construction Design Institute's power supply line receiving end introduction part, and is also part of the user's high-voltage receiving device, whose property right belongs to the Beijing Urban Construction Design Institute. It should be pointed out that, for the safety distance of electric facilities formed by historical reasons is obviously lower than the standard regulations, should be in accordance with the national "high-voltage power distribution device design technical regulations" requirements, by the electric unit installed fixed cover and warning signs to ensure safety. However, the defendant did not seriously implement its duties, should foresee the danger of the situation did not pay attention to, eventually led to the occurrence of Xu Nuo electrocution disability results, the causal relationship is objective, the defendant Beijing Urban Construction Design Institute should bear the main responsibility. Privacy case
Case 2: the patient's private parts can be used as teaching "specimens"?
Ajing went to the hospital for a checkup because of her unmarried pregnancy, and the doctor called in more than 20 interns from the medical school during the checkup, and used her as a "specimen" to explain on the spot, which made her ashamed and embarrassed.
On October 8, 2001, she filed a lawsuit to the People's Court of Shihezi City in Xinjiang, suing the First Affiliated Hospital of Shihezi Medical University and the doctor concerned for violating her right to privacy. She sued the First Affiliated Hospital of Xinjiang Shihezi Medical University and the doctor in question for violation of her right to privacy, and demanded compensation for moral damages. The case has caused controversy in medical and legal circles nationwide.
On September 15, 22-year-old unmarried and pregnant A Jing, accompanied by her boyfriend, went to the First Affiliated Hospital of Xinjiang Shihezi Medical University to have an abortion. Under the arrangement of Obstetrics and Gynecology doctor Sun, A Jing prepared herself as required and lay on the examination bed waiting for the examination. At this time, the doctor called in more than 20 men and women wearing white coats around the bed, A Jing was very nervous, asked the doctor to let them out. The doctor said, "It's okay, they are all interns. The doctor told Jing to lie down, touching Jing's body while introducing the interns to the name of each part, symptoms, etc., checking and explaining the process for about five or six minutes.
It is understood that the trainees on that day were undergraduates of the medical school of Shihezi University in 1997.
After the incident, the angry Jing and her boyfriend decided to use legal means to safeguard their legitimate rights and interests after consulting a lawyer.
The incident has caused great controversy in the medical and legal communities across the country. The medical profession believes that, as a teaching and internship hospital, this practice is normal, not to talk about invasion of privacy, otherwise, how to fulfill the task of training medical students. In accordance with the practice, generally do not greet the patient in advance, such as consulting the patient, the patient will certainly not agree. Besides, hospitals have been doing this for decades, and there is no regulation or document that says you can't do this. Medical schools and their affiliated hospitals basically agree with this view.
And for A Jing to provide legal aid to the Xinjiang Tianyu Law Firm lawyer Wang Zisong that the hospital's practice seriously violates the patient's human dignity and privacy. The special parts of a person have the right not to be watched, explored or photographed by others. Doctors check the patient's body in principle does not constitute a violation of the right to privacy, because patients go to the hospital to see a doctor, accept the appropriate examination and even many expert consultation is sometimes necessary. However, the crux of the matter is that people other than the receiving or supervising doctor watch and explain the patient's private parts, which cannot be allowed. The internship of medical students should be regulated accordingly. Many senior lawyers also agree with this view.
It is understood that this is the first case in the country where a lawsuit has been filed for moral damages because the patient was treated as a teaching subject by the hospital. Experts in the medical and legal fields believe that whatever the outcome of the case's verdict, it will have a far-reaching impact on the internships of medical students in China.
Case 3: when the right to privacy encountered the right to life and health
Saved the patient's life but violated the patient's privacy, a few days ago in Xiamen City, a hospital incident caused by the people concerned, "the right to privacy, the right to life and health, which is more important," the controversy.
Nineteen-year-old Miss Gong due to uterine bleeding, a week ago into a psychological outpatient clinic, in the psychiatrist made "absolute confidentiality" commitment, Miss Gong revealed their own heart disease: their unmarried pregnancy without authorization to take abortifacient drugs caused by uterine bleeding. In the course of psychotherapy, Ms. Gong began to appear comatose. In order to save her life, the doctor broke his promise and told the OB/GYN concerned and asked the OB/GYN to provide emergency assistance.
After the rescue, Ms. Gong is out of danger, but the psychiatrist's kind heart has been blamed by Ms. Gong: it is difficult to hide what was once a private matter from the public. Her parents, who had rushed to the hospital, also had a vague sense of their daughter's secret from her difficult to explain answers. Since then, although Ms. Gong's uterine bleeding has healed day by day, her heart disease has worsened, and the 19-year-old has always found it difficult to hold her head up and see others.
Some people argue that doctors should never disclose a patient's privacy without his or her consent. Ms. Gong had already told her psychiatrist about her request for confidentiality, and the psychiatrist had promised "absolute confidentiality," so while the doctor's disclosure of her privacy was for the sake of the patient's life, it was against the patient's wishes and a violation of her right to privacy.
Many doctors believe that the right to life and health is greater than the right to privacy. Dr. Zhang of the Provincial People's Hospital believes that doctors should of course respect a patient's right to privacy, but when a patient is critically ill or in a coma, the first thing to think about is resuscitation, which is the doctor's professional ethics.
Fujian eight Min Law Firm, Jiang Jin Yin lawyers believe that the Chinese people **** and the State Practitioners Law, physicians must protect the patient's right to privacy. But when the patient's right to privacy jeopardizes the public **** security (such as the regulations, the patient has a contagious sexually transmitted diseases, the physician must be reported to the health epidemic prevention station), the right to privacy must be subordinate to the public **** security. And when the right to privacy and the right to life and health are in conflict, the right to life and health should outweigh the right to privacy, that is to say, when a harm is bound to occur, the person concerned can choose the lesser harm to avoid the greater harm.
The right to education case 1 for cheating in the examination, Shenyang Normal University, five students made the expulsion penalty, the face of the school's "capital punishment", was expelled from the university that the school does not have the power of expulsion, so the school sued the court, requesting the court to revoke the expulsion of the administrative act. Yesterday (February 7) reporter learned that the case has been in Shenyang City, Liaoning Province, Yuhong District People's Court formally filed, the court will be heard in recent days. According to the Shen Shi expelled junior Han Lu (a pseudonym), several expelled college students are the school's junior and senior students. In December 2006, a school examination, several students are asked to take the test, the results in the examination was found by the school. January 11, 2007, Han Lu and other four exams disciplinary college students at the same time received the Shenyang Normal University Student Affairs Office issued by the "Shenyang Normal University disciplinary action sent to the notice", the school of the five college students to make the decision of the punishment of expulsion. In the notice, the university said it relied on the provisions of Article 12 of Chapter 2 of the Measures for Handling Violations of National Educational Examinations, Article 54 of Chapter 5 of the Provisions for the Administration of Students in Ordinary Colleges and Universities, and Article 7 of Chapter 2 of the Rules for Disciplinary Sanctions for Examination Violations by Students of Shenyang Normal University. "I'm in college during this one examination disciplinary, I did not expect to be expelled from the school, the school if made demerits and other sanctions I can accept, but expulsion from school is really too heavy." Han Lu said. "The child test is not right, but the child is not good also have the right to education, the school can not because of a test discipline will not allow children to continue to learn ah, the school made the decision of expulsion is not to destroy the child?" Han Lu's father told reporters. "The school expelled us violated our right to education, expulsion has no legal basis!" Another expelled college students said. February 2007, five college students will be the alma mater - Shenyang Normal University sued to the court, the students claimed that the school does not have the legal authority to expel students from school, the school expelled students from the school's behavior is illegal, there is no legal basis, and directly deprive students of their basic right to education. The students requested the court to revoke the school's administrative act of expelling the students and reinstate the students. Wang Nailong, the attorney representing the students, argued that the students' failure to educate and train the students in the process of receiving higher education in the school resulted in the students' indiscipline and cheating in the exams, and in fact, the school was at fault, and the school had an inescapable responsibility for the students' cheating.2 The plaintiff, Yuan Moumou, was a middle school student in a certain county, and the plaintiff achieved a total score of 372 points on the national college entrance examination in 2001, and was accepted to a bachelor's degree of a general institution of higher learning. Reached the general institutions of higher learning undergraduate admissions line, and exceeded the undergraduate admissions line 40 points to fill out the undergraduate institutions above the professional volunteer form. Due to the reason of exceeding the undergraduate admission score line, the plaintiff did not fill in the specialized admission volunteer, but the second batch of three undergraduate colleges and specialties whether to obey the allocation column, especially fill in the "yes" that is, obey the allocation. But after the undergraduate admission work, the plaintiff was not selected. After the provincial recruitment office inquiry only to know, the cause of failure is the county recruitment office in the production of candidates electronic file, the obedience column in the "yes" mistakenly reported as "no". Afterwards, although the plaintiff and his family and the recruitment office for many times to negotiate, but to no avail, and the recruitment office to delay the responsibility. Due to the mental pressure, the plaintiff has committed suicide many times, the spirit is in a state of complete collapse. Unable to help, his family contacted a college school for him to study. In order to give the child a fair and clean, the plaintiff and his family entrusted my lawyer LiuXiQuan on behalf of the prosecution.
Lawyer after accepting the case, for the province's first case due to by the filing error infringement of the right to education of the candidates for serious analysis, in the study of the 2001 provincial recruitment office enrollment methods and the implementation of the 2001 computer on-line admissions related issues on the basis of a number of documents such as the notice, visited a large number of witnesses filed a lawsuit, requesting that the defendant be ordered to bear civil liability and apologies, at the same time Payment of moral and economic damages *** 45,000 land. The court of first instance after hearing in the defendant's infringement of the basis that the defendant's infringement line to the plaintiff caused by the cost of college education, contact schools, inquiries and other losses should be borne, but for the plaintiff's request to bear the losses caused by the delay in participating in the work and moral damages, due to unforeseeable and in the law is not adopted. Accordingly, the defendant was ordered to pay the plaintiff one year of tuition 7690 yuan, transportation costs and other costs 2000 yuan, dismissed the other claims.
After the verdict, the plaintiff appealed, the second trial court agent that: ① the original judgment to support the tuition of 7690 yuan is legal, but the apartment fee, living expenses are not supported is wrong. Because the tuition is given to the school, but other expenses still need to spend 4600 yuan; ② about the original judgment that "the request for compensation for loss due to delay in joining the work, is unforeseeable" point of view is wrong. In this case, the delay of one year to participate in the work has been finalized, so it is foreseeable, and is inevitable. Therefore, according to the national standard wage of 465 yuan for undergraduates during the probationary period, the loss of 5,580 yuan. (3) about the original judgment that "the right to education is infringed upon" is not in the supreme people's court "on determining the responsibility for moral damages in civil infringement of the interpretation of a number of issues" in the law, and the plaintiff's moral damages also has a factual basis.
In view of the agent's opinion, the court of second instance supported part of the appellant's appeal, ordered the defendant to pay the year's tuition of yuan 7690 yuan, transportation costs, accommodation costs, food subsidies of 3000 yuan, and 10,000 yuan of moral consolation, *** total of 20,690 yuan. So the province's first case of student electronic files caused by the infringement of the case was successfully resolved.
Consumers' rights case supermarkets forcibly searched violating the legal rights of consumers March 29, 2007 afternoon, 13-year-old student Wang Mou and classmates to a supermarket in Dongtou shopping. In the end of the shopping payment, Wang was stopped by the supermarket security, supermarket security in front of many customers claimed to suspect that Wang stole supermarket goods, and Wang dragged to the office, forcing him to take off his clothes for body searches, in the supermarket goods were not found, before letting Wang leave. Because of the day for the spring trip shopping for more students, the supermarket of this behavior, in Wang's class, school and other specific range caused a certain negative impact, so that Wang was subjected to a certain degree of pressure. Recently, Wang's guardian complained to the Dongtou County Consumer Council, requesting the supermarket to explain the matter to the school, teachers and classmates, to publicly apologize, to eliminate the negative impact of the student's school, and to compensate for the moral damage. Dongtou County Consumer Council attaches great importance to this complaint case, after an in-depth investigation, basically recognized the fact that the supermarket infringement. Zhejiang Province, the implementation of the "Chinese People's *** and the Protection of Consumer Rights and Interests Act," Article 53 provides: operators to provide goods or services to consumers causing moral damage, should stop the infringement, restore reputation, eliminate the impact, apologize, and give compensation for moral damage. Dongtou County Consumer Council mediated between the two sides on the basis of the facts, and contributed to the parties to reach an agreement: under the supervision of the County Consumer Council staff, the person in charge of the supermarket to Wang's class to explain the situation, make amends and apologize for the incident, and at the same time, the supermarket compensated Wang for the moral damage of 3,800 yuan. This is also the county mediation of the first case of spiritual loss compensation. 2007 April 9, consumer Wang's guardian sent a banner to the county consumer commission, the county consumer commission effectively safeguard the legitimate rights and interests of consumers to express sincere thanks. 2000 July 10, Inner Mongolia Ikezhaomeng Dalate Banner Jiefangtan town construction village villagers Sun Mou for the father of the funeral, from the collective operation of the flag petroleum company Jiefangtan gas station He purchased 15 kilograms of low-quality kerosene. On the way to the funeral, the oil drum filled with low-quality kerosene exploded, injuring several people. Among them, Yang's injury was the most serious, identified by the relevant departments as first-degree disability. After the case, the relevant responsible persons to blame each other, the victim is in a life and death dilemma. Xinhua News Agency Inner Mongolia Branch of the news monitoring of the matter, causing the relevant departments to pay attention.
Results: the judicial department mediation, the victim finally received compensation of 430,000 yuan. 2002 August 2 morning, Inner Mongolia Ordos City, Darat Banner Zhaogun grave township Houjia Oh plug village west community farmers Qiao Mou and his son Zhang Mou in the home cooking, due to the quality of liquefied petroleum gas cooker caused by the explosion of the quality of the problem, Zhang Mou was severely burned and disabled. Liquefied gas stove is shunde city, guangdong province, ronggui district, kaige electrical appliances factory production. After the incident, the relevant authorities identified, the liquefied petroleum gas stove is a substandard product, the use of the explosion caused by the consumer injury, the manufacturer and seller should bear the responsibility for compensation.
The victim in order to treatment, more than two years borrowed more than 200,000 yuan in debt, although the Ordos Intermediate People's Court ruled that the manufacturer compensation of more than 570,000 yuan, but the manufacturer in Guangdong, the court implementation difficulties.
Results: at present, only half of the implementation back, pay off the debt treatment costs left little, the victim is still in extreme pain physically and mentally.