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published in(发表于) 2014/6/19 4:52:15
Wenzhou Xiao killed Alice adventure continued： their parents sentenced to 75% responsibility

Newspaper correspondent Zheng Lina correspondent in Wenzhou by Miao Lina

On June 23 last year, 14-year-old Alice Xiao Wen, Ju XI, and mothers with 7 through Grand Canyon. Small temperature with her mother during dispersion, walking with a male friend of the mother, then disappeared.

Thousands of people in the local search and rescue efforts. Eventually, after 126 days lost at small temperature, his remains were found in a rock crevice.

In March this year, Xiao Wen's father to Cangnan Court suit, Xu, leader of the last to leave the small temperature of 6 Alice Wu peers such as Sue thought 6 defendant has the obligations of security, temporary guardianship for children and active search-and-rescue duties, but all failed, should bear civil liability for death of small temperature, claim 1,159,865.

In May this year Cangnan court hearing the case.

(This newspaper report tracking the event on June 26 last year)

At noon yesterday, 11:50, Wenzhou's Cangnan court sentencing: parents of small temperature 75% responsibility for killing small temperature, xiaowen finally staying with Xu turned take on 13% responsibilities, organizer Wu 8% responsibility through activities and bear 2 Alice 2%. 2 mix without accountability.

The Court found that the total compensation in the amount of more than 770,000 yuan, 4 Alice assume 192,500 dollars, also give a moral compensation of 12,500 dollars. Two total compensation of 205,000 yuan.

Judge four tourist take responsibility, the Court explained, activity in this case belongs to the Supreme People's Court on several issues concerning the trial of cases of compensation for personal injury law applicable interpretation of provisions of the sixth "other activities", in accordance with the law, participation per capita should be done within the limits of reasonable security safeguards obligations.

　　Peer companion

　　Respective responsibilities defined

Why small temperature parents bear the primary responsibility?

Outdoor adventure sports with high uncertainty and risk and is not suitable for minors to participate in. Xiaowen dies at the age of 12 years of age, a person with limited civil capacity.

Plaintiff xiaowen parents, as the legal guardians of their children, should fulfill their duties of guardianship. Although subject to circumstances specified in the law, the guardian may be delegated all or part of the duties of guardianship and guardians responsibility of guardianship because of temporary custody and waived.

In this case, small temperature parents should be aware of risks of outdoor activities, are overconfident, and is the main cause of the tragedy, which has a major fault, it should bear the primary responsibility.

Xu finally leave their children why would somebody take on 13% responsibilities?

Separates the two teams through the reservoir, Xu somebody as a plaintiff Xiao Wen my mom's friend, in the case of small temperature is not familiar with MOM and the rest of the team, according to daily life experiences and practices, should be as small as a warm mother guardianship entrusted to be exercised on his behalf.

In fact, team Xu somebody took care of small temperature, and then left behind, it has to shoulder the duties of guardianship. But after Xu lost somebody with little temperature, Xu somebody not to foresee the danger faced by itself, and the small temperature, failing sufficient protection for small temperature obligation belongs to the weak supervision, for killing small temperature has faults, shall bear corresponding liability for compensation.

Why assume responsibility for 8% events promoter?

Sponsor accused Wu was involved in outdoor activities. As have some outdoor activity experience of "horse head" relative to other members should understand the dangers of outdoor activities and a reasonable limit within the security obligations to active members.

But Wu knew small temperature minors did not stop, and dispersed and small temperature, are not fully aware of the safety of minors, nor the first time trying to find the opportunity to rejoin subjectively careless and credulous to avoid mistakes, the consequences of death with small temperature fault, shall bear corresponding liability for compensation.

Li and Xu Yi-why take on 2% responsibilities?

Colleague Alice Lee, Xu b, Xu after somebody, small temperature separated, should make it clear at the time of the environment, Xu somebody, the dangers faced by small temperature situation. But both the floor and Wu did not return or stay as best we could meet, but Xu somebody, let alone carrying small temperature exposure to strange and unknown environment for minors, neglect of subjective security obligations within reasonable limits, it should bear a certain degree of liability.

Land and Ginger is not responsible, why?

Alice peers continental, ginger, small temperature as mother and child are separated, with small temperature did not in the first team, so the small temperature no temporary guardianship responsibilities and obligations. And they are also not beyond reasonable limits. Plaintiffs also failed to provide evidence to prove the deaths of two small temperature fault. So assume no liability.

　　Compensation amounts

Compensation for death: a little warm household property is non-agricultural households, and compensation according to the Supreme People's Court on several issues concerning the trial of personal injury compensation cases for legal interpretation of article 29th, reference to the appellate courts are located on a standard annual per capita disposable income of urban residents, with 20 years, identified as 757020.

Funeral expenses: according to the previous year's average monthly wage of workers locally, six months in total, due to courtroom standards have not yet been released at the end of the previous year, by 2012-rates, determine the amount of 20043.50 dollars.

Death compensation and funeral expenses b total 777063.50, 75% borne by the plaintiff, that is, 582797.50, the defendant assumed Xu 13%, namely 101019 Yuan, Wu assumed 8% of the accused, namely 62165, bear accused Li Mou Xu Yi 2%, 15541 Yuan.

Moral compensation: a little warm death, causing great mental harm to his parents, combined with the respective degree of fault and the local standard of living, and other factors, the Court found that mental compensation in the amount of 12500, borne by the defendant Xu 6500 Yuan, accused Wu take 4000 Yuan, accused Li Mou Xu Yi pay 1000 Yuan.

　　Small temperature Dad: didn't expect to

　　To take such a big responsibility

Start scheduled for 10:30 's trial was delayed 1 hour, dock only two Alice surnamed Xu and Wu's lawyer.

Xiao Wen's mother, Chen was too sad I was not present. Plaintiff's small warm father and perspiring, waiting for silence in the hearing process.

After hearing the verdict is 12:30 A.M., small temperature red-eyed relatives, mistreated and intense expression of savings a year, they seem to be satisfied with the judgment does not.

Small temperature dad says, think of themselves to take responsibility, did not expect so much.

As to whether the appeal, small temperature says dad, family consultation before deciding.

Last one to leave the small temperature of Alice somebody Xu says, can accept the Court's decision for the time being, has not decided whether to appeal.

Wu the Acting Attorney relayed, Wu considers the amount of compensation is not a problem, but responsibility must feel a bit wrong.

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