In June this year, Chen Ming, who was working in Shanghai, had his motorcycle parked in the community deliberately pushed down and damaged by an old man. After he came to ask for an explanation, not only No compensation was received, not even an apology. In order to safeguard his rights and interests, Chen Ming chose to call the police and sue. However, to his surprise, nearly six months later, not only was the matter not resolved, he was also forced to move. Due to excessive pressure, he often suffered from insomnia, nightmares, and even Experiencing online violence.
After a motorcycle worth 60,000 yuan was deliberately pushed over by an old man, he lost nearly 10,000 yuan, but it is difficult to get compensation
Chen Ming is from Hubei. He is 24 years old and works in finance in Shanghai. June 25, 2022, should have been a happy day for Chen Ming. On this day, he moved to a new home, a place he was quite satisfied with.
At around 4 pm that day, Chen Ming followed the moving team to a community in Caolu Town, Pudong New District, Shanghai. He parked his motorcycle downstairs and then went upstairs to pack his things.
At around 7 p.m., Chen Ming found his motorcycle lying on the ground. This makes Chen Ming heartbroken. He is considered a motorcycle enthusiast. The model of the motorcycle is KTM-rc390, with a retail price of about 60,000 yuan and a weight of more than 100 kilograms. If there is no external force, the motorcycle cannot fall to the ground by itself, which puzzles Chen Ming.
Surveillance video at the time of the incident
Check the surveillance video that day but failed. Chen Ming and the property management team called up the surveillance video of the community the next day. Only then did he know that his motorcycle was stolen by the same person. An old man who lived in the same building deliberately pushed it down.
According to the surveillance video provided by Chen Ming, at 17:56 on June 25, an old man carrying a red bag in his left hand and walking unsteadily pushed over a motorcycle parked next to the unit building. Leave behind the car.
Afterwards, Chen Ming reported the situation to the neighborhood committee and the police respectively, but the reply he received was that it was difficult to get the other party to directly compensate. "After calling the police, the police took me to talk to the old lady to talk and deal with it. The old lady's attitude was always very tough and she couldn't solve it anyway."
A staff member of the neighborhood committee of the branch revealed that the old man is in his 60s, lives alone, and may have a mental disorder. In view of the old man's situation, the police once told Chen Ming that the probability of receiving compensation was low. Neighboring residents also told Chen Ming that this was not the first time a similar incident had occurred, and every time it was ignored.
The price of Chen Ming’s motorcycle that was damaged by the 4S shop was around 7,000 yuan. "There are many scratches on the car, and the rearview mirror and windshield are damaged to varying degrees." An angry Chen Ming posted the above surveillance video to the Internet, which immediately attracted the attention of countless netizens and even became a hot search topic.
Despite the heat, the matter was not resolved. "The police said she had a son, but her son never contacted me after the incident, and I don't have his contact information." The owner and the police persuaded him to settle the matter, but Chen Ming was unwilling to accept it. "If the other party is sincere and apologizes to me at the beginning, maybe I will accept a negotiated settlement."
The old man’s mental evaluation results
After that, Chen Ming chose to sue, but was rejected several times. On August 3, the police conducted a mental appraisal on the old man. The result of the appraisal was that the old man suffered from organic mental disorder and had limited behavioral abilities, but he had limited criminal responsibility and the ability to stand trial. On August 9, the police opened a case for investigation and characterized it as picking quarrels and provoking trouble. On August 10, Chen Ming submitted a lawsuit and the application was approved. The lawsuit application submitted by Chen Ming was approved.
During this period, the forensic department re-identified the motorcycle and determined that the damage was more than 4,000 yuan. Chen Ming had objections to this. He and the staff from the price department and the forensic appraisal center went to the 4S store again and finally confirmed that the total repair cost was more than 16,000 yuan, and the forensic appraisal price was more than 9,000 yuan. "It took two months from the first damage assessment on July 1 to the last identification at the end of September."
After the police filed the case, the court dropped the case and refunded the legal fees. The criminal prosecution will be initiated by the Procuratorate.
"On October 21, the case was transferred from the public security agency to the Procuratorate. After interrogating the old man, the Procuratorate filed a public prosecution in the court." On November 24, Chen Ming received a notice, "The court will begin on December 2."
After insisting on safeguarding his rights for nearly half a year, he experienced relocation, insomnia, and clean-up turmoil
However, Chen Ming could not be happy. He had been exhausted physically and mentally after working on this matter for half a year.
Less than two weeks after the incident, Chen Ming moved out of the community and now lives in a farther place. "She and I live in the same building. I often see her standing on the stairs after get off work. I am afraid of her retaliation and try to avoid conflicts."
"I was under a lot of mental pressure, often had nightmares and insomnia, and was not in the best mood at work, which led to some mistakes at work, which actually had a big impact on my work." Chen Ming said that after the incident attracted attention on the Internet, Some different voices began to appear, and some harsh remarks began to appear. "Some people criticize me, attack me, and even insult me ??without even explaining things clearly."
"After reading these comments, I feel really uncomfortable. I keep thinking about them at night. Then he started to suffer from insomnia, and the pressure was really great. "In fact, Chen Ming's family and friends had previously advised him to give up. "They were also afraid that I would be alone in a different place, afraid of others' retaliation against me, and worried about my safety."
But Chen Ming has always been persistent. He does not regret what he has insisted on doing. "I think it is very meaningful for me to do this. This is a typical case. I also hope that after the verdict of this case, , can provide everyone with a reference and provide some help to those who protect their own rights and interests. "
The maintenance quotation provided by Chen Ming
The civil lawsuit filed by Chen Ming only covers vehicle damage. , there are no other expenses such as transportation fees, work delay fees, etc. "I have not calculated these expenses, and compensation is not my first request. If it were just for compensation, I would not ask for these things so seriously. Leave fees, transportation expenses, etc., it is a waste of energy and time to do these things The cost far exceeds the amount of my claim."
Chen Ming said that in fact, he is not particularly concerned about compensation. "I am more concerned about what the law will say if the old man breaks the law. Being able to take responsibility for one's own actions, old age is not a reason to break the law. "
This time in court, Chen Ming's biggest demand is that the other party be punished by the law and the victim is given justice. "It has been more than five months since the incident happened. She and her son have not contacted me, let alone apologized. Her son is also unwilling to show up, and I have been unable to contact him."
Chen Ming I hope that after the final verdict of this case, more people can be reminded that if their property is damaged, they can bravely take up the weapon of law to safeguard their legitimate rights and interests.
Although the road to rights protection is difficult, Chen Ming said that if he had to choose again, he would still make the same choice. "After this incident happened, I have been sharing my experience to let more victims see it. I hope they will bravely take up legal weapons to protect their rights and interests when their own interests are violated."
The reporter noticed that since the incident, Chen Ming has released 86 videos on his short video platform to record his rights protection journey. Until now, he hopes that things will end soon and that he can return to his normal life.
Lawyer Zhao Yankai of Shanghai AllBright Law Firm told reporters that according to Article 275 of the "Criminal Law" and "Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Prosecution Standards for Criminal Cases under the Jurisdiction of Public Security Organs" Article 33 stipulates that anyone who causes a loss of more than 5,000 yuan to public or private property shall constitute the crime of intentional destruction of property. If it is verified by an authoritative appraisal agency that the old man has caused more than 5,000 yuan in motorcycle losses due to his own actions, it constitutes an intentional crime.
Alarm receipt provided by Chen Ming
Zhao Yankai said that if an elderly person suffers from mental illness, he is a person without capacity for civil conduct according to civil law. If a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear the liability. If the guardian fulfills his guardianship duties, his liability may be reduced.
If a person without capacity for civil conduct or a person with limited capacity for civil conduct has property and causes damage to others, he shall use his own property to compensate, and the guardian shall compensate for the shortfall. "If the elderly suffer from mental illness, they need to use their own property to compensate. If their property is not enough, the guardian will compensate. These guardians mainly include children, spouses, or other guardians with guardianship capabilities designated by the neighborhood committee."
Media Comments
The owner of a motorcycle pushed over by an old man insists on pursuing criminal liability. Is the owner’s mistake more serious?
In June this year, Mr. Chen, who lives in Shanghai, had his motorcycle parked in his community deliberately pushed over and damaged by an old man. The video attracted widespread attention on the Internet. Afterwards, it was identified that the damage to the motorcycle amounted to more than 16,000 yuan. The old man was identified as a person with limited capacity, and his guardian was his son. Mr. Chen learned that the old man had deliberately damaged other people's property many times, but the cases had not been closed. This time, his son had been avoiding him after the accident. He decided to use the law to solve this problem.
Surveillance screenshots at the time of the incident: Ziniu News
The trigger of the incident was the elderly. Even if the behavior was "intentional", for "people with limited behavioral capabilities" . According to Article 118 of the Civil Code, if a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. In addition, according to an appraisal notice from the car owner, the old man "should be assessed as a person capable of standing trial in this case." This is also an important basis for the car owner to demand criminal liability.
In the incident, the old man's mental state, whether he should bear criminal responsibility, and what kind of criminal responsibility he should bear, are yet to be heard and decided by the court. However, the fact that this matter has come to this will undoubtedly make people think deeply.
On the one hand, the old man has committed crimes more than once, but his family has always ignored him, saying "you can't help me." On the other hand, in order to protect his rights, the owner of the car, Mr. Chen, spent far more than the loss of the motorcycle. In order to escape the additional pressure, he moved out of the community involved.
What’s the extra pressure? Many neighbors and property owners around him advised him to forget it and stop thinking about it. This is strange. If your property is damaged, is it not necessarily wrong to protect your rights? These people are not necessarily trying to calm things down, but they see the dilemma Mr. Chen is facing and are afraid that the gain will outweigh the loss, so they may have good intentions.
Netizens felt something was wrong here. If you damage other people's property, whether it is an elderly person or a guardian, shouldn't you apologize first? Then actively communicate about compensation and obtain the other party's understanding. At the same time, the guardian should strengthen supervision of the elderly in the future. According to the relevant provisions of the law, criminal penalties can be reduced or exempted by obtaining the understanding of the injured party. Without compensating or giving an explanation, the guardian allowed the old man to damage other people's property many times. This is unjustifiable! Pursuing criminal responsibility in accordance with the law and making the perpetrators pay the price has almost become the overwhelming consensus among netizens.
"Restricted behavioral capacity", "The perpetrator is an old man", etc. are not excuses to evade responsibility. This liability, according to laws and regulations, can be criminal liability or civil liability. If the guardian can take the initiative to compensate the elderly person after violating the rules, I am afraid that the step of holding the car owner criminally responsible after the incident will not be possible. In other words, car owners are forced to do so.
Now, Mr. Chen wants to seek justice. "Seeking justice" is a very good thing to say. It's not personal, but represents all the people whose property has been damaged. Asking the old man to give an explanation is also to protect the property safety of other neighbors in the future.
From the perspective of netizens, most people encounter similar situations and do not have the time and energy to go back and forth, so they can only admit that they are unlucky. They also hope that this incident can serve as a wake-up call to society and that they should not condone the perpetrator just because he is an old man. Mr. Chen said, no matter what the verdict is, I hope the old man will get the punishment he deserves. This sentence speaks to everyone's heart.
According to reports, the police filed a case in August, and the Procuratorate has now filed a lawsuit, which will be heard in court on December 2. We might as well wait and see what the result will be.