A thief was chased by the public security agency and fled into the wild reed field. He accidentally touched a wire and was electrocuted to death. After the accident, the family of the deceased demanded that the power supply department and Lu Weidi's village committee assume full liability for compensation. However, the power supply department and the village committee argued that the deceased was a theft suspect and died of electrocution because he avoided pursuit. Reject liability for compensation on the grounds of death. So, when a criminal suspect suffers an accidental casualty, should he admit that he was unlucky as a result of the crime? Who should pay for the increased personal safety risks caused by the escape of criminal suspects? 2012 165438+On October 6, the People’s Court of Liyang City, Jiangsu Province gave the answer.
The thief escaped, but was accidentally electrocuted.
On the afternoon of June 14, 2012, the Yixing Development Zone Police Station of the Public Security Bureau of Yixing City, Jiangsu Province received a report of a stolen motorcycle within its jurisdiction. It immediately sent personnel to investigate and identified two suspects. The suspect was tracked and captured.
When the traces were traced to the vicinity of Shuyuan Garden in Jellyfish Mountain, Liyang City, Jiangsu Province, the time was ripe and the police immediately captured him. The two suspects split up and ran away when they saw the police chasing them. Seeing this, the police blocked the road and concentrated their efforts to capture one suspect on the spot, while the other suspect took the opportunity to escape and hide in a wild reed field near the park. After the police took control of the arrested suspect, they immediately searched for the escape route of the other suspect.
The area of ??wild reeds near the park is not large, and the surrounding area is also open. There should be no way for the suspect to hide. However, no one answered the call and no movement was seen during the search. Where is the suspect hiding? Just when the police were puzzled by this, the tragic scene in front of them shocked all the police present: they saw the suspect lying sideways in the grass with no sign of life, holding an exposed wire in his hand, and his arm was burned It turned black and exuded a pungent smell.
After the tragedy, the public security organs immediately launched an investigation and found out that the deceased suspect was Gong Daren, 20 years old, from Shuicheng County, Guizhou Province, who was not yet married and had a family. Gong Daren's parents, Gong Weimin and Deng, are ordinary farmers in Hongyan Township, Shuicheng County, Guizhou Province. At the time of the accident, Master Gong's power line was an agricultural irrigation line to the north of Shangshanghuangzhong Flower Tree Ape Reserve in Liyang City. There were three * * wires, 380-400 volts, one of which was down on the ground. The agricultural irrigation line belongs to the assets of Huangshang Village Committee of Liyang City (hereinafter referred to as Huangshang Village Committee) and is maintained and managed by Huangshang Village Committee.
On June 20, 2012, the Liyang Municipal Public Security Bureau issued a forensic autopsy opinion, which concluded that the deceased died of electrocution.
After the incident, in order to resolve conflicts and maintain social stability, the public security organs summoned Gong Daren’s parents, Gong Weimin and Deng, Jiangsu Provincial Electric Power Company, Liyang City Power Supply Company (hereinafter referred to as the power supply company) and the village committee, in an attempt to mediate . However, Gong Daren's parents, Gong Weimin and Deng, demanded huge compensation of nearly 600,000 yuan for funeral expenses, death compensation, and spiritual consolation. However, the power supply company and Huangshang Village Committee believed that the amount of compensation was too high and did not agree to the compensation, resulting in the failure of mediation.
Huge claims, three parties blaming each other
Although their son was electrocuted after being chased for stealing something and escaping, Gong Weimin and Deng knew very well that this was a very disgraceful thing. So can my son get compensation for being electrocuted? Gong Weimin and Deng were honest and uneducated, so they found a law firm for consultation. The lawyer told me that although theft is an illegal crime, it does not mean that the thief's right to life and health is not protected by law. The thief should only bear legal responsibility for his own theft, and he should compensate for the losses caused by the thief's harmful behavior. To this end, Gong Weimin and Deng hired lawyers as their agents. On July 27, 2012, they came to Liyang Court and filed a civil complaint, suing the power supply company and the village committee in the dock.
Gong Weimin and Deng said that the forensic autopsy opinion issued by the Liyang Municipal Public Security Bureau proved that Mr. Gong died from electrocution. According to the Tort Liability Law and other relevant legal provisions, citizens’ right to life is protected by law. As the owners and managers of the high-voltage lines, the power supply company and Huangshang Village Committee failed to perform their due maintenance and management obligations, resulting in the victim's unfortunate electrocution and should bear joint and several liability for compensation.
In order to protect the plaintiff's legitimate rights and interests, the plaintiff filed a lawsuit in court and requested that the defendant be ordered to compensate the plaintiff for various losses totaling more than 590,000 yuan.
For the huge compensation request of more than 590,000 yuan, Gong Weimin and Deng proposed the calculation basis in court: 1. Funeral expenses are more than 20,000 yuan, calculated based on the six-month average annual salary in Jiangsu Province. 2. The death compensation is more than 520,000 yuan, calculated based on the per capita disposable income of urban residents in Jiangsu Province of 26,341 yuan per year for 20 years, and is certified by Mr. Gong’s temporary residence permit. 3. The spiritual solace payment is 50,000 yuan, calculated according to the standard of spiritual solace payment for Mr. Gong’s usual place of residence. The above total is more than 590,000 yuan.
The defendant power supply company argued that Gong Weimin and Deng’s request for compensation from the power supply company had no factual and legal basis and should be rejected. The reasons are as follows: 1. According to the indictment filed by Gong Weimin and Deng, the property rights of the electric facilities that caused Mr. Gong’s electric shock do not belong to the power supply company. 2. The evidence provided by Gong Weimin and Deng cannot prove that electric shock was the only cause of Gong Daren's death.
The defendant Huangshang Village Committee argued that Huangshang Village Committee had no fault in the accident and should not be liable for compensation. The reasons are as follows: 1. The fault for causing death lies with the deceased himself. The deceased was a suspect in the burglary. When the police were chasing him, he evaded pursuit and his behavior was faulty. His faulty behavior was related to his death by electrocution. 2. According to the "Electricity Law" and the "Regulations on Electricity Supply and Consumption", electric power enterprises shall manage and maintain electric power resources and facilities. Article 60 thereof stipulates: "If a power operation accident causes damage to users or third parties, the electric power enterprise shall We should bear the liability for compensation in accordance with the law. "There is currently no law that stipulates that power users should bear the liability for compensation. In fact, power users do not have the capabilities and equipment for maintenance and management. 3. According to the 1999 "Guiding Opinions on Accelerating the Reform of Township Electrified Substations" of the State Economic and Trade Commission and the "Notice of the State Economic and Trade Commission on Accelerating the Reform of Township Electrified Substations and Implementing County, City and Town Integrated Management Opinions", all rural collective assets below the township level It will be handed over to the county power supply enterprise for management in the form of voluntary delivery and free allocation. The power supply enterprise must accept and assume maintenance and management responsibilities.
Based on this, the Huangshang Village Committee believes that according to national regulations, the ownership and operation rights of the lines involved in the case should belong to the power company, which is only a power user and does not assume the maintenance obligations of power facilities. To sum up, the village committee believes that Gong Weimin and Deng’s request for compensation from the village committee has no factual and legal basis.
During the trial, the power supply company and Huangshang Village Committee also proposed that Gong Weimin and Deng were grain farmers in Hongyan Township, Shuicheng County, Guizhou Province, and the death compensation standard should be calculated according to rural standards. Some people also suggested that the line was ordinary electricity and that the deceased Mr. Gong was in a hurry and did not pay attention and touched the god of death. The power supply company and Huangshang Village Committee were not at fault and should not be liable for compensation.
Regarding the opinion proposed by the Huangshang Village Committee that the agricultural irrigation lines have been handed over to the power company, that is, the power company is responsible for maintenance and management, in accordance with the "Guidance on Accelerating the Reform of Township Power Supply Stations" issued by the State Economic and Trade Commission Opinions" and the "Notice of the State Economic and Trade Commission on Implementing the Opinions on Accelerating the Reform of Township Power Supply Stations and Implementing Integrated Management of Counties, Municipalities and Towns", the power company did not recognize this, believing that the above two documents require towns and villages to voluntarily hand over assets and transfer them free of charge , to Shanghai.
Separation of guilt and responsibilities, clarifying each other’s responsibilities
After the trial, the Liyang Court held that citizens’ rights to life and health are protected by law. The deceased Gong Daren was electrocuted. As his parents, Gong Weimin and Deng are entitled to compensation. The agricultural irrigation lines involved are owned, managed and maintained by the Huangshang Village Committee. The Huangshang Village Committee claimed that the line assets had been handed over to the power supply company in accordance with relevant regulations, but it did not provide relevant evidence of the actual transfer. Therefore, our hospital did not adopt the Huangshang Village Committee’s opinion. The Huangshang Village Committee neglected the management and maintenance of the lines, which led to Gong Daren's electrocution. The Huangshang Village Committee should bear the main responsibility. Gong Daren passed through the incident area abnormally, reduced his attention while evading arrest, increased the risk, and should bear secondary responsibility for the accident. The calculation methods and standards for death compensation and funeral expenses advocated by Gong Weimin and Deng are in compliance with legal provisions, and corresponding evidence has been provided, which is confirmed by this court. The power supply company and Huangshang Village Committee proposed that death compensation be calculated based on the per capita net income of rural residents. Because the power supply company and Huangshang Village Committee did not provide sufficient and effective evidence, our hospital did not accept it. According to relevant regulations, our hospital determined that the spiritual comfort payment advocated by Gong Weimin and Deng was 30,000 yuan.
On October 6, 2012 165438, the Liyang Court made a first-instance judgment based on the relevant provisions of the Tort Liability Law of the People's Republic of China and relevant civil laws, ruling that the village committee should compensate Gong Weimin and Deng 70 for a total of 570,000 yuan. %, which is RMB 400,000.
The thief died, what should I do? Here,
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