How to write a good civil judgment of first instance

The plaintiff Mao Zhipeng of the civil judgment of Anfu County People's Court of Jiangxi Province (2008) An Chengmin ChuziNo. 107, male, born on March 4, 2002, Han nationality, from Chun 'an County, Zhejiang Province, is a class one student of Jin Xin Hongdun Hope Primary School in Guashe Township, Anfu County, and lives at No.70 Xin 'an Village, Guashe Township, Anfu County. Id number: 362429200203041713. Legal Agent: Mao Aimin, farmer. It is Mao Zhiming's father. Authorized Agent: Chen Waisheng, lawyer of Jiangxi Anping Law Firm. Defendant Penny Peng, female, born on June 1999 1 1, Han nationality, from Anfu County, Jiangxi Province, is a class one student of Jinxin Hongdun Hope Primary School in Guashe Township, Anfu County, and lives in a group of Jinxi Village, Guashe Township, Anfu County. Legal Representative: Peng Musheng, farmer. It's Peng Lin's father. Defendant: Guashe Township Central Primary School in Anfu County. Address: Guashe Township, Anfu County. The legal representative is Peng Guiping, president of the school. Entrusted agent Xiao Longchang, male, vice president of the school. On July 28th, 2008, our hospital put on record the case of the dispute over the right to health between plaintiff Mao Zhipeng and defendant Penny Peng and Guashe Township Central Primary School in Anfu County, and the trial was held in public by judge Zou Guangwei applying summary procedure. Plaintiff Mao Zhipeng and his legal representative Mao Aimin, entrusted agent Chen Waisheng, defendant Penny Peng and his legal representative Peng Musheng, and entrusted agent Xiao Longchang of Guashe Central Primary School attended the proceedings. The case has now been closed. Mao Zhipeng, the plaintiff's legal representative, claimed that the plaintiff was a preschool student of Jin Xin Hongdun Hope Primary School, the defendant's central primary school. On March 0, 2008, at about 1 13, while the plaintiff was resting at school, the defendant Penny Peng deliberately tripped over the plaintiff with his foot, causing the plaintiff to fall down and his left hand to be injured, resulting in his left bone fracture. After the accident, the plaintiff was hospitalized in the county people's hospital and the provincial children's hospital and spent a lot of money. The plaintiff was identified as a grade 9 disability. The plaintiff's legal representative made many claims against the defendant, which were all rejected. Therefore, they filed a lawsuit with the court, demanding that the two defendants compensate the plaintiff for medical expenses of 74 16.38 yuan, nursing expenses of 500 yuan, transportation expenses of 668 yuan, hospital food subsidies of 240 yuan, nutrition expenses of 1000 yuan, disability compensation of 16392 yuan and spiritual comfort of 10000 yuan, totaling 30 yuan. Penny Peng, the legal representative of the defendant, argued that it was the plaintiff who walked into the defendant's classroom blindfolded and hit the defendant, not the defendant who hit the plaintiff. The plaintiff was treated in the people's hospital and reimbursed the medical expenses, which proved to be good. What's more, the plaintiff and the school didn't look for us at that time, and it took three months to tell us that we couldn't compensate. The defendant Guashe Central Primary School argued that Jinxin Hongdun Hope Primary School under the defendant had only two teachers, and for the sake of safety, students were completely managed by the school. At noon, parents deliver meals to students. At noon on March 1 1, 2008, Mao Jiangbei, principal of Jin Xin Hongdun Hope Primary School, was cooking in the kitchen. Before the food was ready, the students came to Mao Jiangbei and said that one student had fallen. Mao Jiangbei holds the student's hand. He said that his hand was hurt. Then Mao Jiangbei called the parents of the students, sent them home, asked them to send their children to the hospital for treatment as soon as possible, and told them that they could get the medical invoice for reimbursement. Later, Mao Jiangbei went to the classroom to ask the students. A student told Mao Jiangbei that Mao Junkai was running in front and the plaintiff Mao Zhipeng was running behind. Two children ran blindfolded with the trademark of mineral water bottle. The defendant Penny Peng's foot stuck out and caught two children. The child running in front didn't fall, and Mao Zhipeng behind fell. Mao Jiangbei criticized Penny Peng and asked her father to come to school tomorrow. Penny Peng's father didn't come the next day and hasn't been here since. The plaintiff's father Mao Aimin came to the school with an invoice. Mao Jiangbei asked him if his child's injury was important, and he said it wasn't. At that time, Mao Aimin thought that he only spent 500 yuan, and he didn't ask Penny Peng's father Peng Musheng for compensation. In June, Mao Aimin came to school and said that Mao Zhipeng's hand still hurts. The dean of the county people's hospital criticized the attending doctor and conducted a second review of the child. As a result, the child broke and dislocated. The hospital suggested transferring to Nanchang Hospital for treatment. After the plaintiff came back from Nanchang, Mao Aimin went to the school to claim 6000 yuan. Mao Jiangbei found Peng Musheng, Peng Musheng's brother and Mao Aimin to mediate and asked Peng Musheng to pay 2000 yuan. At that time, Peng Musheng promised to give money, saying that it would take the third day to confirm. As a result, Mao Aimin called Penny Peng's father and asked him to come three days later, but he didn't want to pay. Later, Mao Jiangbei and Mao Aimin went to Peng Lin's house together. At that time, Penny Peng's mother was at home, and Mao Aimin asked them to pay 1000 yuan, but they were still unwilling to pay, so the plaintiff's father sued the court. Although it happened at noon, the school closed the students for their safety. After the accident, the school can actively contact the parents of both students and mediate between them. It should be up to the court to decide whether our school is responsible. It was found through trial that the plaintiff Mao Zhipeng was a preschool student of Jinxin Hongdun Hope Primary School affiliated to Guashe Central Primary School, and the defendant Penny Peng was a second-year student of Jinxin Hongdun Hope Primary School. Because Jin Xin Hongdun Hope Primary School faces the expressway, considering the safety of students, the school requires students to bring their own Chinese food or have meals delivered by their parents, and students are under closed management. At noon on March 1 1, 2008, plaintiff Mao Zhipeng and classmate Mao Junkai ran and played blindfolded. When passing the classroom of defendant Penny Peng, Mao Zhipeng tripped over Penny Peng's foot, causing Mao Zhipeng's left hand injury. Mao Jiangbei, the principal of Jin Xin Hongdun Hope Primary School, sent the plaintiff home, and the plaintiff's family sent the plaintiff to Anfu County People's Hospital for treatment. The doctor thinks the plaintiff is injured. The plaintiff didn't stay in hospital, and spent medical expenses on 490 yuan. Mao Aimin, the legal representative of the plaintiff, came to the school with the invoice, and the school reimbursed the plaintiff 286 yuan to the insurance company. The plaintiff's legal representative thought that the plaintiff's medical expenses were not much and did not ask the two defendants for compensation. After more than two months of exercise, the plaintiff went to the county hospital for reexamination and found that his left hand was fractured and dislocated. Mao Aimin argued with the hospital that the hospital compensated the plaintiff for all expenses of 6000 yuan. Nine days after the plaintiff went to Jiangxi Children's Hospital, the medical expenses were 74 16.38 yuan, the insurance company compensated the plaintiff 3,600 yuan, and the rural medical insurance compensated the plaintiff 1800 yuan. On July 20, 2008, the plaintiff was identified as grade 9 disability by Ji 'an Anping Judicial Appraisal Center. After the plaintiff demanded compensation from the two defendants, the two defendants refused. Therefore, the plaintiff brought a lawsuit to the court, demanding that the two defendants compensate for medical expenses of 74 16.38 yuan, nursing expenses of 500 yuan, transportation expenses of 668 yuan, hospital food subsidies of 240 yuan, nutrition expenses of 1000 yuan, disability compensation of 16392 yuan, spiritual consolation money of 10000 yuan, etc. , totaling RMB 366 16.38. And bear the legal costs of this case. The above facts are confirmed by statements of the parties, judicial expertise, invoices for medical expenses, discharge records, disease diagnosis, invoices for transportation expenses, invoices for inspection fees, witness testimony, etc. According to our opinion, the plaintiff Mao Zhipeng covered his eyes with plastic trademark paper of mineral water bottle during lunch break and chased others. After being tripped and injured, he went to Anfu County Hospital for treatment. Doctors in this hospital thought that the plaintiff was not seriously injured and could recover by his own exercise, so he didn't ask the plaintiff to be hospitalized, and the plaintiff only incurred expenses of 490 yuan. The plaintiff's legal representative did not demand compensation from the two defendants. The plaintiff failed to exercise for more than two months, resulting in dislocation, which caused the plaintiff to be hospitalized in the provincial children's hospital, which constituted a ninth-grade disability and caused the plaintiff's loss to expand. The legal representative of the plaintiff and the county hospital have reached an agreement on the expenses incurred and incurred by the plaintiff, and the hospital compensated the plaintiff for 6000 yuan, which should be deducted from the plaintiff's expenses; The plaintiff shall bear the main responsibility for the plaintiff's losses. Schools have the obligation to educate, manage and protect minors according to law. Defendant Jin Xin Hongdun Hope Primary School is an affiliated school of Guashe Central Primary School, which manages students in a closed way. However, the plaintiff was injured due to poor management and should bear certain liability for compensation. The defendant Penny Peng tripped and hurt the plaintiff, and the defendant's legal representative should be liable for compensation. The plaintiff's legal representative voluntarily reduced the compensation amount of the insurance company, and our court allowed it. The plaintiff demanded compensation for spiritual comfort 10000 yuan. Because the plaintiff's injury was not serious at that time and the medical expenses incurred were not much, the plaintiff's legal representative did not ask the two defendants for compensation, but later there was a dislocation, which led to the plaintiff's ninth-grade disability. Therefore, the plaintiff advocates compensation for spiritual comfort, which our court does not support. According to Articles 142 and 64 of the Civil Procedure Law of People's Republic of China (PRC), Articles 119 and 131 of the General Principles of the Civil Law of People's Republic of China (PRC), and Articles 2, 2, 3 and 17, 3 of the Supreme People's Court's Interpretation on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases, the judgment is as follows: 1, The plaintiff Mao Zhipeng's medical expenses were 74 16.38 yuan, nursing expenses 180 yuan, transportation expenses 162 yuan, hospital food allowance 72 yuan, nutrition expenses 27 yuan, disability compensation16,392 yuan and appraisal expenses 400 yuan, totaling 24,649.38 yuan. After deducting 3600 yuan from the insurance company, the remaining 15049.38 yuan was compensated by the defendant Guashe Township Central Primary School in Anfu County for 45 14.8 1 yuan, and the defendant Peng Musheng, the legal representative of Penny Peng, compensated for 3009.88 yuan. The rest shall be borne by the plaintiff's legal representative. The defendant paid the above sum in one lump sum on the effective date of the judgment. 2. Reject other claims of the plaintiff's legal representative. If the obligation to pay money is not fulfilled within the period specified in this judgment, the interest on the debt during the delayed performance shall be doubled in accordance with the provisions of Article 229 of the Civil Procedure Law of People's Republic of China (PRC). The legal fees in this case are halved to 358 yuan, which shall be borne by the plaintiff's legal representative 158 yuan, the defendant Guashe Township Central Primary School in Anfu County 100 yuan, and the defendant Penny Peng's legal representative Peng Musheng 100 yuan. If you refuse to accept this judgment, you can submit an appeal to our court within 15 days from the date of service of the judgment, and submit copies according to the number of the other parties, and appeal to the Intermediate People's Court of Ji 'an City, Jiangxi Province. On October 24th, 2008, judge Zou Guangwei wrote a note to the clerk Wang Juan. Legal provisions: 1. Article 142nd of the Civil Procedure Law of People's Republic of China (PRC). The provisions of this chapter shall apply to the trial of simple civil cases with clear facts, clear rights and obligations and little controversy by the grassroots people's courts and the courts dispatched by them. Article 64 The parties have the responsibility to provide evidence of their own claims. The people's court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or evidence that the people's court considers necessary for hearing a case. The people's court shall comprehensively and objectively examine and verify the evidence in accordance with legal procedures. 2. Article 119 of the General Principles of the Civil Law of People's Republic of China (PRC) infringes on citizens' bodies and causes damage, it shall compensate for medical expenses, income reduced due to missed work, living allowance for the disabled and other expenses; If death is caused, the funeral expenses and the necessary living expenses of the dependents of the deceased shall be paid. Article 131 If the victim is also at fault for the occurrence of the damage, the civil liability of the infringer may be reduced. 3. the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases Article 2 If the victim intentionally or negligently causes the occurrence or expansion of the same damage, the liability of the compensation obligor may be reduced or exempted in accordance with the provisions of Article 131 of the General Principles of the Civil Law. However, if the infringer causes damage to others intentionally or due to gross negligence, and the victim has only general negligence, the liability of the compensation obligor shall not be reduced. When the third paragraph of Article 106 of the General Principles of Civil Law is applied to determine the liability of the compensation obligor, if the victim has gross negligence, the liability of the compensation obligor may be reduced. Article 3 Where two or more persons intentionally or negligently cause damage to others, or their infringement acts are directly combined to produce the same damage result, it constitutes * * * infringement, and they shall be jointly and severally liable in accordance with the provisions of Article 130 of the General Principles of the Civil Law. If two or more persons have no intention or negligence, but several acts they have committed are indirectly combined to cause the same damage, they shall bear corresponding liability for compensation according to the size of negligence or the proportion of causal power. Article 7 If schools, kindergartens and other educational institutions that are legally obligated to educate, manage and protect minors fail to perform relevant obligations within the scope of their duties, causing personal injury to minors or personal injury to others by minors, they shall be liable for compensation corresponding to their faults. If a third party causes personal injury to minors, it shall be liable for compensation. If schools, kindergartens and other educational institutions are at fault, they shall bear corresponding supplementary liability for compensation. Article 17 If the victim suffers personal injury, the compensation obligor shall compensate all expenses such as medical expenses and reduced income caused by absenteeism, including medical expenses, lost time, nursing expenses, transportation expenses, accommodation expenses, hospital food subsidies and necessary nutrition expenses. If the victim is disabled due to injury, the compensation obligor shall also compensate the necessary expenses incurred due to the increase of daily needs and the income loss caused by the loss of working ability, including disability compensation, disability AIDS, living expenses of the dependents, and necessary rehabilitation expenses, nursing expenses and follow-up treatment expenses actually incurred due to rehabilitation nursing and continuing treatment. If the victim dies, the compensation obligor shall, in addition to compensating the relevant expenses stipulated in the first paragraph of this article according to the rescue and treatment, also compensate the funeral expenses, living expenses of the dependents, death compensation and other reasonable expenses such as transportation, accommodation, lost time and so on for the funeral expenses of the relatives of the victim.