In early March 2014, the weather was still a little cold, and the villagers who were originally working on the hillside in Wen County, Gansu Province were taking photos of something.
Suddenly, someone shouted: "Oh my God! It's crazy!"
The old man surnamed Guan was working hard in the field, calculating the harvest this year. He didn't know what happened, but suddenly heard a noise behind him.
Uncle Gai felt strange and planned to turn around to see what was going on. , but just as he moved his steps, a huge black shadow rushed towards him! The noise behind
Instantly turned into a terrifying exclamation.
I saw it was a giant panda that was only watched by everyone. I was frightened and walked from one side of the village to the other side of the village. After meeting Uncle Guan, I suddenly launched an attack.
When the giant panda left, the villagers approached and found that Mr. Guan had already fallen to the ground and was seriously injured.
A large piece of flesh was torn off from his legs, and blood was pouring out.
This unintentional disaster caused Mr. Guan to undergo 8 consecutive surgeries in the hospital before he was considered out of danger.
However, the cost of surgery and subsequent treatment is undoubtedly an astronomical figure for Mr. Guan's family. Later, whether it is continuing the surgery or amputation, the family has reached the point where they cannot afford it.
In desperation, Mr. Guan’s son could only find the relevant units to negotiate compensation issues, but who should be responsible for such an accident?
The parties have been quarreling for a long time, and it was not until a year later that things finally made progress.
Today we will talk about what is going on and how it will be solved in the future.
1. The national treasure went down the mountain, attracting villagers to watch
Wen County Liziba Village is located in the southern border of Gansu, next to Sichuan, the panda province. It has a beautiful environment and good ecology. It belongs to the scope of national nature reserve .
Although villagers encounter wild animals nearby, it is an unprecedented first encounter with giant pandas.
The first person to discover giant pandas was Li Yongxing.
html At 9 a.m. on March 1, 114, Li Yongxing entered the mountains to chop some firewood. He walked this road more familiarly. When he passed by a bamboo forest, he found something was wrong at a glance.bamboo is tilted around, and some are scattered on the ground, and all the traces seem to be caused by man.
At this time, the domestic dog "Xiao Hei" following him also became a little restless, sniffing around, and then barking at the distance as if he had discovered something.
Li Yongxing realized that there must be something ahead and immediately became alert.
Sure enough, a giant panda appeared in his sight swayingly and approached him.
The giant panda is called a giant panda, but it is always a bear rather than a cat. The adult giant panda is huge and quite threatening.
Li Yongxing was afraid that his dog would hurt the national treasure, and he was afraid that the national treasure would hurt him. He hurriedly called Xiao Hei and turned around and ran home quickly.
It is not a trivial matter to encounter giant pandas. The cadres in the village often promote the importance of protecting wild animals to everyone;
Li Yongxing knew this truth well, and immediately called the village party secretary to report the matter after confirming his safety.
Village Party Secretary got the news and quickly called the forest ranger again. After that, the Forestry Bureau and the Nature Reserve Administration both knew that a giant panda had entered Liziba Village .
The two departments quickly sent staff to deal with the matter.
At the same time, some well-informed villagers in Liziba Village also heard that Li Yongxing saw giant pandas when he was going up the mountain to chop wood, and both of them were very curious.
In everyone's heart, the giant panda is cute and round and cute. It is a rare treasure that can only be seen on TV.
Nowadays, giant pandas appear in their daily lives, so there is no reason not to see the true face.
so everyone was ready to follow the staff actively, hoping to help.
is just that this wild giant panda is not only seen by the people from Liziba Village, but also by the staff of the reserve.
For this kind of emergency, they just said, first catch the giant panda, see if there is any injury, and then release it to nature if it is nothing. After hearing this, the villagers surrounded the giant pandas together. Everyone gathered together. There were many people and were brave. They all helped and used their mobile phones to convey the latest news about the giant pandas.
There was a family in the village that day who was holding wedding events. The news came to the banquet and caused a sensation. A large group of people were not busy drinking and eating, but went to join in the fun to watch the giant panda.
On that day, everyone was very excited, and they discussed and took photos with giant pandas, and even the staff joined the ranks of taking photos.
In short, no one thinks that cute giant pandas are in danger. But accidents often happen when people lose their vigilance.
2. The wrong pursuit, the giant panda was frightened and injured
A large wave of people's pursuit and interception obviously caused the giant panda to be quite frightened. It no longer stayed in place, but began to run to the west of the village.
The situation at that time was that the giant pandas were moving quickly in the countryside, while the villagers and staff were chasing each other while taking photos. Not long after, the giant panda was driven from one end of the village to the other end of the village, and he saw that he arrived at the ground of Mr. Guan Quanzhiguan’s house.
Uncle Guan was devoted to the tea garden at home, and had no idea what was going on in the village. It was not until the noise of the crowd reached his ears that he realized something was wrong.
But at that point in time, he had no time to react.
The giant panda chased here found that someone in front of him blocked his way, and suddenly became wild and suddenly threw Mr. Guan to the ground;
then bit Mr. Guan's right calf with his mouth.
Uncle Gakuen felt dizzy at that moment, his head was blank, and it was not until the heart-wrenching pain came from his right leg that he slightly recalled his mind.
When he realized that he had fallen into the mouth of a large beast, fear firmly occupied his entire body and mind like a storm.
He even lost his hope of life and felt that he was going to be torn to pieces by this behemoth and died on the spot.
From being knocked down to being bitten by his legs, the moment was pulled for infinitely long in Uncle Guan’s huge despair.
In fact, everything happens in a moment.
There is a villager named Wen Dengmin who reacts very quickly. While everyone was still frightened by the scene in front of him, He immediately took off his coat, rushed behind the giant panda in a few steps and covered the coat on the giant panda's head.
At this critical moment, this action was simply miraculous. After the giant panda's vision was blocked by his clothes, he finally let go of his mouth. While pulling off the clothes on his head, he found another direction to stay away from everyone.
At this time, none of the villagers and staff who have seen the ferociousness of wild giant pandas dare to continue chasing them. Even after a glance, they were still scared, afraid that the giant panda would bite people again when they turned around.
It was not until the giant panda walked away that everyone rushed to the place where Mr. Guan fell to the ground.
At this time, Mr. Guan's calves were covered in blood and blood, and his injuries were very horrible. No matter who saw them, he had to take a breath.
Village Party Secretary hurriedly organized several villagers to lift Mr. Guan off the hillside, and then found a way to find a car to take the person from the mountain area to the nearest hospital.
is Qingchuan County People's Hospital more than ten kilometers away from Liziba Village.
But Mr. Guan was really seriously injured. The medical conditions of Qingchuan County People's Hospital could not be handled, so he could only urgently transfer the person to Mianyang Central Hospital for treatment.
Finally, after the hospital examination, Mr. Guan’s total tibial artery was broken in his right calf and ankle, comminuted fracture of the tibia and fibula, and avulva of the skin muscles of the calf.
Doctor Guan performed more than 7 hours of surgery on March 2 before he put the broken bones into pieces and fixed them and reconnected the broken blood vessels. The
operation achieved initial success, but it only temporarily alleviated the current situation and saved its life. There are even more serious follow-up problems waiting for Mr. Guan.
3. No accidental disaster, who will be responsible for the high treatment fee
Uncle Guan was 66 years old at the time. He was originally a tough and energetic old man;
But after being bitten by a giant panda, he had to endure the strong pain in his body at all times, and he became much older and his spirit was not as good as before;
even felt a little dazed, and he couldn't help moaning in pain every day.
He stayed in the hospital for three days and two months, and underwent 8 major and small surgeries, and the hardships were beyond ordinary people's imagination.
In addition to bones and arteries, there is another problem with that giant panda lives in the wild for many years and carries a large number of bacteria. The wound of the old man at is inevitably infected, and the doctor can only perform skin grafting.
For this reason, we need to transplant the healthy skin on the old man’s abdomen and left thigh. All these treatments are cruel torture for him;
But in order to survive and recover, we must go through all this.
However, compared with physical pain, the expensive treatment costs are really unbearable. Soon, the few savings in Mr. Guan’s family were finally found.
At first, the village paid some money to Mr. Guan for emergency treatment, and then the Nature Reserve Management Bureau borrowed 70,000 yuan from the Liziba Village Committee in their name and paid it to the hospital in batches as compensation.
But obviously, this money is just a drop in the bucket, and it is just a settlement of the initial treatment costs.
Uncle Guan’s son could only continue to go to the Nature Reserve Administration for treatment, but the reply he received at the Nature Reserve Administration was:
should not be responsible for this matter, they should go to the Forestry Bureau to deal with the relevant aftermath issues.
Mr. Guan’s son found Forestry Bureau and received 90,000 yuan in compensation, but not much. In the face of huge medical expenses, the 90,000 yuan was quickly consumed.
After spending this money, Mr. Guan was unable to receive subsequent treatment and had to go home to take care of it.
Originally, Mr. Guan was a labor force at home. Now he was injured and could not stand up, could not take care of himself, and could not count on him for all farm work and housework.
Not only that, my wife also has to put aside some of her work to take care of him.
If treatment continues, Mr. Guan may still have the possibility of recovery, but now he has no money and life has become a problem, so there is no need to talk about treatment.
It can be imagined that in the years ahead, Mr. Guan can only survive with his injuries, and this family will find it difficult to accept such a fate.
They believe that the reason why Mr. Guan was hit by this was because the staff at that time had wrong handling of the giant panda, and the relevant units should bear the corresponding responsibility in any case.
Uncle Guan’s son has visited the local Nature Reserve Administration and Forestry Bureau many times, hoping to communicate about the injury of his father by a giant panda, but every negotiation was fruitless and he returned in vain.
until January of the following year. Since Mr. Guan recovered poorly, the doctor suggested that he continue to undergo surgery or amputation, and either method would require a large fee.
Uncle Guan’s son had no choice but to file a lawsuit against the Provincial Forestry Department, the County Forestry Bureau and the Local Nature Reserve Administration Bureau.
4. The final result was 520,000 yuan in compensation
This time, Mr. Guan’s family sought professional legal aid from the law firm.
Lawyer went to Liziba Village, where the incident occurred on January 6 and January 7, 2015 to inquire about the incident in detail with several witnesses.
It is understood that on that day, the staff of the Nature Reserve Administration, who was sent to deal with the giant panda, saw that the giant panda was dirty and suspected that the giant panda was sick or injured somewhere;
decided to catch the giant panda and check it carefully, and asked the villagers to join the arrest of the giant panda.
However, no one has professional knowledge and does not have the tools to arrest them. They can only follow the giant panda and keep surrounding them, which leads to the giant panda being frightened and then hurting people.
Lawyer believes that this incident has its own special characteristics compared to the general wild animal injury incident.
It is obvious that it was because the staff improper handling of the matter that the giant panda bit Mr. Guan Quanzhi.
Generally, wild animals are treated in accordance with the regulations in the "Compensation Measures", but this treatment method is only applicable to situations where there is no perpetrator.
In this incident, the behavior of the staff has constituted a harm, so the " Tort Liability Law " is more applicable.
In other words, Mr. Guan’s civil rights and interests are infringed and damaged, and he should receive infringement compensation from the Nature Reserve Administration.
In addition, according to the provisions of the " Wildlife Protection Law ", the county forestry bureau and the provincial forestry department should perform their management responsibilities for wild giant pandas, so they should also bear additional compensation liability.
After clarifying the relationship, the three units finally agreed to negotiate and jointly compensate Mr. Guan.
Among them, the Nature Reserve Administration compensates 400,000 yuan, and the other two units compensate 120,000 yuan together, totaling RMB 520,000 yuan. After receiving the compensation, Mr. Guan can finally start the subsequent treatment.
Although it was difficult for Mr. Guan to recover to a healthy state where he could walk on the ground, his life could still be maintained due to this compensation.
Conclusion
Giant pandas are docile and cute in appearance, and generally do not attack people actively;
But we should not forget that it is always a wild animal, and when it feels in danger, it will also warn people by biting people and other means.
For giant pandas, this is a way for them to protect themselves.
As for us, we must always be respectful of nature. If we inevitably conflict with wild animals and suffer damage, we can also protect our own interests through legal weapons.
At the same time, I also hope that those compensation regulations that are not yet sufficient can be gradually improved.
-end-
Author | Yuxue
Edit | A Yan
