(Approved by the Judicial Committee of the High People's Court on October 9, 2020)

　　keyword  Civil/right to life/dissuasion/reasonable limits/illness

　　Points of judgment

　　In order to protect the legitimate rights and interests of the party injured by the collision, the actor dissuades the other party from leaving the scene of the collision and does not exceed a reasonable limit, which is a lawful act。Where the dissuaded person dies suddenly due to his own disease and his close relatives request the perpetrator to bear tort liability, the people's court shall not support it。

　　Relevant law

　　Article 6 of the Tort Liability Law of the People's Republic of China

　　Basic case

　　At about 19:40 on September 23, 2019, Guo rode a folding bicycle from the east side of the South Gate Square in Bausheng Small District and rode to the South Gate exit of Bausheng Small City, colliding with Luo, a 5-year-old child, in the South Gate square, causing Luo to suffer bleeding in his right jaw and fall to the ground。After Sun Wei, who took his children to play here, saw this situation, he helped Luo up and contacted Luo's mother Li through the wechat voice call function, but no one answered。Sun Wei let the neighbors to inform Li 1, and let Guo wait for Luo parents to deal with。Guo said Luo hit Guo, he still has things, need to leave。Therefore, Guo and Sun Wei had a verbal dispute。Sun Wei stood in front of the bike to stop Guo and not let Guo leave。

　　The first video at the time of the incident shows: Guo moved the bike forward, Sun Wei stood in front of the bike, holding the mobile phone in his left hand, grasping the handlebar with his right hand, lasting about 8 seconds after Sun Wei used the right hand cart to push twice。The main content of the dispute between Guo Mou and Sun Wei is: Guo Mou said to Sun Wei, you are reasonable？Sun Wei said, "How can I be unreasonable? I told you to wait a while.。Guo said, you are okay, I still have things。Sun Wei said, am I right, you hit the child。Guo said, I still have things to do。Sun Wei said, you hit the child, I said you half a day。Guo said, I hit the child or the child hit me？Two videos show that Sun Wei, Guo, Doctor city district security Li Mou 2, Wu four people in Doctor City small District south gate east exit from the south to the north of the number of two stone pier。Sun Wei held the mobile phone in his left hand and placed his right hand on the handlebar of Guo's bicycle for about 5 seconds。Li Mou 2, Wu advised Guo Mou not to swear, Guo said to call 110, at this time Guo Mou emotional and abusive behavior。

　　At 19:46 on September 23, 2019, Sun Wei dialed the 110 alarm phone。Guo parked his bicycle and sat on the first stone pier from south to north at the east exit of the south gate of the Doctor's city community。Guo sat on the stone pier for less than two minutes and fell to the ground。A 14-second video of the incident submitted by Sun Wei shows Guo falling to the ground and trying to get up;Sun Wei is operating the phone, reporting the location。

　　At 19:48 on September 23, 2019, Sun Wei dialed 120 emergency number。Later, Sun Wei sent his child home and then returned to the scene。Medical staff arrived at the scene immediately to Guo implementation of rescue。Guo died of cardiac arrest after rescue failed。

　　In addition, Guo was admitted to Xinyang Central Hospital of Henan Province on September 4, 2019 due to "unconsciousness accompanied by limb convulsions for 1 hour" as the chief complaint, and was later diagnosed with "right cerebral infarction, secondary epilepsy, hypertensive grade 3 (extremely high risk), type 2 diabetes, cerebrovascular malformations, and paroxysmal atrial fibrillation". 。Xinyang Central Hospital issued a serious notice on Guo's illness, showing that "although the medical staff actively treated, but the current patient's condition is critical, and the condition may further deteriorate, at any time will endanger the patient's life."。During the treatment of Guo, Xinyang Central Hospital recorded the possible risks and complications of Guo in the communication record sheet, including: progression of cerebral infarction and aggravation of symptoms;Cerebral hernia leads to respiratory and cardiac arrest;Nausea, arrhythmia, sudden death, etc。The course record of Guo's illness on September 16, 2019 recorded that Guo and his family asked to be discharged from hospital, and asked the superior doctor to handle it。

　　Guo's wife Liu Minglian and his daughters Guo Lili and Guo both filed a lawsuit, asking Sun Wei to bear the compensation liability for infringement, and Henan Lanting Property Management Co., Ltd. Xinyang branch to bear the compensation liability for mismanagement。

　　verdict

　　The Pingqiao District People's Court of Xinyang City, Henan Province issued civil judgment No. 8878 (2019) on December 30, 2019: The lawsuit claims of the plaintiffs Liu Minglian, Guo Lili and Guo Shuangshuang were rejected。None of the parties appealed the verdict。The judgment of the first instance has taken legal effect。

　　Reason for judgment

　　The effective judgment of the court held that: The focus of the dispute in this case is whether the defendant Sun Wei has committed an infringement;Whether there is a causal relationship between Sun Wei's behavior of preventing Guo from leaving and the result of Guo's death;Whether Sun Wei is at fault。

　　First, after Guo riding a bicycle collided with the young Luo, Luo injured the right jaw bleeding and fell to the ground。Guo, as a party to the accident, did not deal with the matter positively and rationally and insisted on leaving。Any organization or individual shall have the right to prevent or file a complaint with the relevant department any act that is not conducive to children's health or infringes upon children's lawful rights and interests。As a minor, Luo's self-protection ability is relatively weak, and it needs special protection from adults。After Sun Wei saw Guo and Luo collided, in order to protect the interests of Luo, let Guo wait for Luo's mother to deal with the collision, its behavior is in line with common sense。Based on the time of sending the video in the chat records of the owners of the Baosengcheng group on the night of the murder, and the phone records of Sun Wei calling 110 and 120, it is confirmed that Sun Wei stopped Guo for about eight minutes。In the process of blocking, although Sun Wei and Guo have a verbal dispute, but Sun Wei's words are not excessive。Sun Wei put his hand on the handlebars of Guo's bicycle, and there was no physical conflict between the two sides。Sun Wei's blocking methods and contents are within normal limits。Therefore, Sun Wei's dissuasion behavior is legal behavior, and does not exceed the reasonable limit, does not have illegality, should be affirmed and supported。

　　Second, Guo himself suffered from cerebral infarction, hypertension, heart disease, diabetes, secondary epilepsy and other diseases, the month of the incident had been in the hospital, the week before the incident should be discharged at the request of his family。Sun Wei blocked Guo to leave, Guo sat on the stone pier, fell to the ground due to cardiac arrest unfortunately died。Guo's death is regrettable。Liu Minglian, Guo Lili, Guo Shuangshuang as the deceased Guo Mou's close relatives, feelings of grief, filed the case, it is understandable。Sun Wei's blocking behavior itself did not cause Guo's death, and Guo's actual cause of death was cardiac arrest。Therefore, there is no legal causal relationship between Sun Wei's obstruction and the consequences of Guo's death。

　　Third, although Sun Wei blocked Guo mou to leave, induced Guo Mou emotional, but before the incident Sun Wei and Guo mou do not know, do not know Guo Mou suffering from a variety of dangerous diseases。Sun Wei's action to stop Guo is to protect the interests of children, and there is no intention or fault to infringe on Guo。After Guo fell to the ground, Sun Wei called 120 emergency phone to help。It can be seen that Sun Wei could not foresee Guo's death, and he was not at fault for the consequences of Guo's death。

　　(Effective judges: Yi Song, Peng Jie, Zhou Chengyun)