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Xi'an News - Xi'an Evening News saying, dearer than distant neighbors, the neighborhood should help each other, Huxian two neighbors because of trivial quarrel, party hostess and therefore blood pressure caused by cerebral hemorrhage and died, the court held that a quarrel led to the death of the deceased predisposing factors, neighbors should bear 20% of the liability, so the verdict the other heirs of the deceased funeral expenses and other compensation totaling nearly 30,000 yuan.
Li Zhang two neighbors, fairly harmonious relationship, one day last August, two people were building a dispute, fight. Liu and Li Zhang hostess hostess mutually abusive Song, Song Ryu sparring, the neighbors persuaded the two sides to their homes. Half an hour later, home of Liu suddenly felt unwell, go and find his son, collapsed on the road, was rushed to hospital, doctors diagnosed as subarachnoid hemorrhage, hospitalized 10 days after Liu died. Subsequently, Liu Song's relatives will be prosecuted to the Hu County Court, claims for medical expenses, funeral expenses, a total of 5 million yuan. And Song believes that she has no physical conflict with Ryu, Ryu death was caused by their physical condition, so strongly disagreed compensation. Mediation by the court to do the work, both applied for a judicial appraisal, expert opinion is: a dispute with others, is a predisposing factor in this hypertensive cerebral hemorrhage.
July 10, Hu County Court that the deceased died of cerebral hemorrhage patients is mainly due to their own health factors, but Song with mutual insults, cerebral hemorrhage caused by their disease died of his wounds, Song behavior is Ryu's disease predisposing factor in the death of Brain Hemorrhage, should bear 20% of the liability, the final judgment Liu Song compensate heirs of compensation for death, funeral expenses, a total of 29,247.36 yuan.
Domestic "mad man" case
Case 1 after quarreling assume responsibility for 30% of heart attack neighbor
Chang, who lives in a suburb of Harbin. Neighbors want to expand a particular house, but the house will affect the constant expansion of the home, and often a certain will discuss, often a refusal. June 17, 2005 18 am,louboutin pas cher, a particular wife, sister-in-law, sister, three men came to the house often a noisy, often with a tussle. Often a certain sister hit with an iron bar. After being summoned to the local police station. Often a chest discomfort after finish the record home, the family was sent to hospital for emergency treatment after death. 2006, Harbin Intermediate People's Court of Final Appeal ruling, and other people's behavior and certain death is often a causal relationship, but not the direct cause, so bear 30% of the liability.
Case 2 traffic jam quarrel mad people sentenced to worry 20% of liability
July 31, 2007, Zhengzhou City, Chi Fung Hing Road in a drive to work, when it found that the car was blocked, he was very angry, arguing with traffic jams occur owners Jo and tussle. Ji fell to the ground in a coma. Jo hurried to hit 110, a record she died. Court that the cause of death of a quarrel for discipline. The two sides quarrel Jo also there are some mistakes, so the record of a death should bear some liability. Jo discretion of the court to bear 20% of the liability.
Case 3 owners mad green workers Pipan Pei 100,000 yuan
At 14:00 on June 20th, 2012, a district Nanshan Road, Xiamen Huli, maintenance workers when the old leaves green trim vegetation in the green belt, inadvertently planted grapefruit tree owner Lai cut length, causing dissatisfaction Lai, both dispute. Lai went Property Management Department of the problem, but also to meet with old leaves, the two sides quarrel again. After being persuaded to open, old leaves tens of meters walked on the ground, the hospital died. The autopsy report showed that older leaves is due to quarrels, emotional and other predisposing diseases and death. Court held that "a causal relationship" between the death of Mr. Lai's behavior and old leaves. Lai bear 15 percent of discretionary fault liability for the death of old leaves, the verdict that he should bear more than 80,000 yuan and 10,000 yuan spirit of solatium, totaling nearly 10 million.
Intentionally infuriating to attractiveness
Shaanxi Bona new lawyer Xu Qian believes that the direct cause of death was self-Ryu onset of hypertension caused by cerebral hemorrhage, but the disease before Ryu, neighbors had its quarrels, so emotional, they became Ryu high blood pressure, seizures caused by one of the predisposing factors of cerebral hemorrhage death.
Xu Qian said, verbal abuse, assault or intentionally stimulate others, causing death, and can not be attributed solely to the victim's narrow-minded, in addition to the victim is at fault other than the perpetrator is to bear legal responsibility. According to the perpetrator's subjective state of mind can be exasperating behavior sub-four situations:
No subjective any malicious behavior, normal to speak, because the other side was a bit emotional death.
Gas man who is neither subjective murder, intentional harm, nor the implementation of murder objectively harmful behavior, so do not assume any responsibility for the dead.
Both sides are at fault in the subjective, fight, bicker environment, the intensity of different terms, the responsibility borne by different actors.
Both sides in public, people who terminology intense air, the victim insult, slander, abuse victims can not afford the personality, the Qijueshenwang, the perpetrator should be held criminally responsible.
Perpetrator subjective bad faith, knowing that the victim did not dare to have a disease excitement, deliberately finding fault stimulate each other, to punish him for the purpose.
If insult, slander way to stimulate each other, resulting in the death of the other, constitute the crime of insult or defamation. If you use other ways to stimulate each other, make each other bodily harm, and would constitute the crime of intentional injury.
Acts of murder subjective intent, to murder his way through angry, so several programs designed to eventually put him mad.
Behavior of people in the subjective intent of murder, murder in the implementation of the objective behavior, although this behavior is not violent killings, did not use weapons, but this behavior as long as they inevitably caused the victim's death, it should be recognized that behavior constitute homicide. At the moment, the stakes are probably going to pay the penalty.
(Original title: Huxian two neighbors quarrel one mad female neighbor Court Panpei twenty-nine thousand)