Two boys in Huadu, Guangzhou, were found suffocated in the car, which continued to attract attention. Some lawyers believe that according to the contents of the police report, two boys died unexpectedly in this case, and the owner does not bear criminal or civil liability, and the main responsibility lies with the guardian.
Fu Jian, a lawyer of Henan Yulong Law Firm, believes that the exemption of car owners from criminal responsibility does not constitute negligence causing death. "The elements of negligence in criminal law are' overconfident negligence' and' negligent negligence'. After parking, the owner will not predict the occurrence of suffocation in the car according to the common sense of ordinary people. An accident is an accident. "
Fu Jian said that the owner locked the car to prevent theft. Now the case owner left without determining whether the door was locked, which is a kind of disposal of his property rights. The law does not require the owner to lock when leaving, and the vehicle is in the yard of a private house. The owner has no subjective fault in the accident, and the behavior of parking the vehicle is not an infringement. In terms of civil liability, the owner does not bear tort liability.
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Prevent similar tragedies from happening again:
1. Never leave young children alone in the car, no matter what the weather is like or how long it takes.
2. The car mainly develops the habit of looking at the back seat before locking the car. Don't leave the child in the car because of phone calls or other distractions.
3. Be sure to lock the door when you are not driving, in case the child opens the door and climbs in, which will lead to danger.
I saw a child sitting alone in someone else's car when I passed by. Please immediately ask if there are car owners around and call the police. Don't take chances.
China Com- The families of two boys who died of suffocation in the car demanded that the owner take responsibility. Lawyers believe that the main responsibility lies with the guardian.