current position:Home>"Good intention ride together" is sentenced and compensated. Is the owner unjust?

"Good intention ride together" is sentenced and compensated. Is the owner unjust?

2021-08-28 02:08:41 Red Net

writing / Weiyang scholar

In recent days, , The West District People's Court of Panzhihua City, Sichuan Province tried a case “ Ride with good intentions ” case , Li drove a motorcycle and took his neighbor Zhang home for free , Collided with a truck on the way , Zhang died due to ineffective rescue , And li himself was injured , The traffic police department determined that Li was mainly responsible for the accident . Final , Li was sentenced to criminal detention for six months on suspicion of committing the crime of traffic accident 、 Suspended for eight months , And pay 32 Ten thousand yuan .(8 month 23 Japan Surging news )

Similar cases , There was also an accident in Shanghai .2020 year 6 month 28 The morning of , Huang Yong, a citizen of Chongmin District of Shanghai, drives a small ordinary bus carrying 71 Year old Xu Ming 、 Tang Qian 、 Shen Peng and other six friends drove along the Yanjiang highway in Qidong City, Jiangsu Province to the road intersection and turned left , There was a traffic accident with the small ordinary bus driven by Yang Jie . The accident caused Shen Peng 、 Xu Ming died that day , Finally, Chongming court sentenced “ Ride with good intentions ” Compensation for Xu Ming's death by the owner 、 Funeral expenses 、 Agency fee, etc , discretionary reduction 5 Ten thousand yuan , And paid in advance with Huang Yong after the incident 15 More than ten thousand yuan is deducted , Actually payable 32 More than RMB . The defendant Yang Jie compensated the plaintiff for the agency fee 3000 element .

The incident occurred in Panzhihua City, Sichuan Province “ Ride with good intentions ” In the case of death , The owner, Mr. Li, was kind enough to pick up his neighbor , No money received , Unexpectedly, a car accident caused death , This is not its subjective intention . Finally, he was sentenced and lost money , People can't help asking :“ Learn from Lei Feng and do good deeds ” Is Li more unjust than Dou E ?

This is a typical case of responsibility bearing in the case of good intentions and co riding . The owner of the car, Li, is out of good intentions , Invite neighbor Zhang to take his own car for free , It is essentially a kind of kindness 、 The act of helping others , It belongs to the traditional virtue of helping each other . If you let the driver take full responsibility after a traffic accident , Obviously, it is not conducive to carrying forward traditional virtues .

however , Li made a major mistake in the traffic accident , But it is an indisputable fact . Li Mou violates traffic and transportation management laws and regulations , A traffic accident that killed one person , And bear the main responsibility for the accident , His behavior constitutes the crime of traffic accident . so to speak , Owner Li Mou “ work ” It's not worth it “ too ”.

according to 《 The civil code 》 The provisions of article 1217 :“ Traffic accidents of non operating motor vehicles cause damage to free passengers , Is the responsibility of the motor vehicle party , Its liability should be mitigated , Except that the motor vehicle user has intentional or gross negligence .” Considering the particularity of Zhang's free ride and Li's free service as a driver , Based on the behavior of fairness and good intentions , The court ruled that Zhang should bear 20% The cost of , Within ten days after the judgment comes into effect, the defendant Li will compensate the plaintiff for various losses in the incidental civil action, totaling RMB 32 Ten thousand yuan .

so ,“ Ride with good intentions ” Sentence and compensation , Owner Li is not wronged at all . The court's decision protected the legitimate rights and interests of both the plaintiff and the defendant , In line with public order and good customs , It also takes into account the principle of fairness and justice .

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