Although the suicide victim is determined to die, for the innocent pedestrians downstairs, the suicide victim is more like an unpredictable god of death. Although the determination of rights and responsibilities is not complicated in judicial compensation, it is like a bolt from the blue for the families of innocent passers-by.
text | Shen Lin
On the evening of December 24, at the Huanghua New Era Shopping Plaza, Sanxia Plaza, Shapingba District, Chongqing , Shapingba District, Chongqing, a man fell from a high place and hit two female passers-by. The police reported that three people died after 120 rescue failed. It was initially found that the incident was caused by Li, a 31-year-old man who temporarily lived in the high-rise apartment building, and the criminal case was ruled out.
The girls were hit are all only girls
Follow-up news reports show that the two girls who were unfortunately affected were Zhang and Huo. Both girls were underage and were taking the art major exam at the Meishi Film Academy of Chongqing University, and both of them were only daughters at home.
Zhang's cousin introduced in an interview that the Zhang family was a single-lost family. The first child of the Zhang family unfortunately passed away in his 10s. Zhang was the second child. His mother was in her thirties when she gave birth to her. "Now I am fifty years old, and my second child is gone." After Zhang's father learned the bad news, he was overly sad and could hardly walk. He was from the body that was taken by someone on his back.
According to Zhang's relatives, Zhang is very well-behaved and has good academic performance, so he doesn't worry about adults. She originally planned to go to Russia to study after graduating from high school next year. If there were no such accident, she should have returned home on December 25 to fish and eat with her family.
Video source: Emergency call
Huo's parents also rushed back from Zhejiang to work on the construction site. Huo's parents made a living by building rattan chairs in Jinhua, Zhejiang, and basically all the money they saved was paid to their daughter. In order to earn as much money as possible, the two of them often go to work at five or six in the morning and get off work until nine in the evening. Apart from eating, there is not much rest time. Huo's father said: "The child likes to dance and host. Although it costs a lot of money to learn art, as long as the child has this interest, our parents will definitely support her. The couple is not well educated, just to give their children the best future."
For Li, the victim's family, Huo's father chose to forgive him. Yesterday afternoon, Huo's father bought three bouquets of flowers, one for his daughter, one for Zhang, and the other for Li. He said: "Even if he pays me one million or two million, can my daughter come back? I am willing to let go, and the road ahead is still long.
Huo's father's hand was deformed due to weaving rattan chairs. Image source: Jingchu.com
Huo's cousin Ms. Luo said that Huo and another classmate who died, Zhang, were classmates in the art exam training class. In order to facilitate preparation, several classmates rented a house in Sanxia Square. On the evening of December 24, after Huo and Zhang finished the exam, they encountered a disaster while renting back their residence. "The place where they lived was very close to where Li jumped off the building. "
Huo's classmate recalled that Huo once told her that it was not easy for her parents to make money. She spent a lot of money on broadcasting and hosting. She must take the exam for a good university and wanted to take the exam for the Chinese New Year. She also wanted to take the exam for the cherry blossom beauty of Wuhan University. The owner of the shop near
said that at the time of the incident, three people walked together, one of them avoided, and two girls did not hide. The man who jumped off the building lived in a hotel in the apartment building involved. The apartment building involved was distributed with multiple hotels and office units, and Room No. 9 on the 30th floor had been sealed.
On the evening of December 26, citizens came to the crime scene to offer flowers to mourn. Picture source: The Paper
Who will be responsible for the life of the flower girl?
After the accident, no one sympathized with the suicide Li. Three Gorges Square is a downtown neighborhood in Chongqing. It was lively at 8 pm. Li chose to end his life at this time, which would inevitably affect the surrounding passers-by to the greatest extent, not to mention that his fallen building took away two innocent lives.
After witnesses witnessed the incident, they had nightmares for two consecutive nights, leaving behind sequelae - they encountered a tall building and were about to walk around. He said: "You never know which one is tomorrow or an accident first."
However, if an accident occurs, who will be responsible for the two lost girls?
In an interview, legal person said that Li's suicide falls is a crime of negligent death. If a person causes death by negligently, he shall be sentenced to fixed-term imprisonment of not less than three years and not more than seven years; if the circumstances are minor, he shall be sentenced to fixed-term imprisonment of not more than three years. "Because Li is dead, he will no longer be held criminally responsible." However, in civil matters, the two passers-by who were smashed to death should be held within the scope of his estate.
According to the 16th section of the Tort Liability Law Article stipulates that if a person infringes on others and causes personal injury, he/she shall compensate for medical expenses, nursing expenses, transportation expenses, etc. for reasonable expenses for treatment and rehabilitation expenses, as well as income reduced due to loss of work. If a person incurs a disability, he/she shall also compensate for disability living assistance expenses and disability compensation. If a person infringes on death, he/she shall also compensate for funeral expenses and death compensation.
In addition, if a person infringes on the personal rights and interests of others and causes serious mental damage to others, the injured party may also request compensation for mental damage.
Picture source: The Paper
As of now, the family of Li, a suicide man, has not contacted the funeral home to claim the body.
Does the hotel where Li jumped off the building also bear the liability for compensation? In an interview with Xinmin Weekly, lawyer Chen Ji of Xiaocheng Law Firm said that this requires the victim's family to make a compensation claim before the hotel has any compensation issues. If the hotel does not fulfill its safety obligations, such as not having a limiter installed on windows or not meeting the national safety scope required by the state , then a certain amount of compensation is required.
According to Article 37 of the Tort Liability Law of the People's Republic of China: If the administrator of public places such as hotels, shopping malls, banks, stations, entertainment venues or organizers of mass activities fail to fulfill their safety obligations and cause damage to others, they shall bear tort liability. If the third party causes damage to others due to the actions of a third party, the third party shall bear tort liability; if the administrator or organizer fails to fulfill his safety obligations, they shall bear corresponding supplementary liability.
committed suicide by jumping off the building and causing innocent people. tml3
This is not the first time that an innocent passerby died because of jumping off a building. On June 1, 2019, a tragedy occurred in a community in Meishan, Sichuan Province, causing the death of many people. Hou, a young man in his 20s, jumped off the building and hit Zhang and her grandson who were walking downstairs with his grandson and her less than 3 years old. Hou and his grandson died on the spot. Zhang was sent to the hospital for emergency treatment for 6 days, and also died due to ineffective treatment.
In 2018, a young man in a community in Xi'an jumped off a building and hit a 53-year-old uncle who was coming home from get off work. The two died on the spot.
In June 2017, in a community next to Yong'an South Road, Xiangzhou District, Xiangyang, Hubei Province, a man jumped from the 16th floor and hit a mother and daughter downstairs to enjoy the cool air. The man and his mother died on the spot, and the daughter survived. The woman was hit by the murderer is the mother of two children.
Although the suicide victim was determined to die, for the innocent pedestrians downstairs, the suicide victim jumped off the building was more like an unpredictable god of death. Although the determination of rights and responsibilities is not complicated in judicial compensation, it is for the homes of innocent passers-by. For example, it is like a bolt from the blue.
Perhaps the most effective way to prevent people who jump off a building is suicide intervention. For example, setting up physical barriers, restricting passage, building isolation barriers and protective nets in common suicide sites, as well as garrisons and suicide intervention personnel. Previous studies have shown that since the Auckland Bay Bridge in the United States is only for motor vehicles, and pedestrians are not authorized to enter, the suicide rate is far less than the "popular suicide locations" that are located across the water and have pedestrians.
is In my country, there is also a "suicide terminator" on the Yangtze River Bridge in Nanjing - Chen Si. Since 2003, this volunteer has come to the Nanjing Yangtze River Bridge every weekend to find and stop those who attempt to jump the bridge to commit suicide. 15 years later, he has recorded the experiences of 350 rescued people in his diary.
Image source: GQ report
For those at risk of suicide, family members can also add locks and alarms to windows or doors at home.Newly built high-rise buildings can also be set up in podiums, so that any accidental falls will not hit pedestrians. Although I don’t know how much such measures can reduce the tragedy of “suspicious people kill”, it is more powerful than saying “death will harm people even more.”
comprehensively compiled from The Paper, Beijing News, Today's Topics, Jingchu.com, etc.
