If there is no tortfeasor, the tortfeasor has absconded, or is unable to bear civil responsibility, and the victim requests compensation, the beneficiary shall provide appropriate compensation.
That is to say, in this case, both Yan Jiayu and Liu Die should make civil compensation based on their degree of fault.
In the drowning case, there is no tortfeasor, but there is a beneficiary.
Both Yan Jiayu and Liu Die are beneficiaries.
"What? We have to bear civil compensation?"
Upon hearing this, Yan Jiayu and Liu Die were sowhat reluctant.
A human life!
They are just two workers. How could they possibly afford the compensation?
"For the specifics, you should negotiate with the boy’s family," Shen Dao said, nodding.
After investigation, the case involved a drowning, but it wasn’t a criminal case. It is best for both parties to settle this privately.
Shen Dao added after a brief thought, "Additionally, you left the scene right after the incident. This greatly angered the boy’s family, so you should apologize as soon as possible."
Legally, their actions posed no problem. The law is rely the minimum standard of morality. Many immoral acts are not illegal, nor do they constitute cris.
The boy was eager to help and acted bravely but ended up sacrificing his own life... In such a situation, leaving the scene truly disheartens people.
「The next day.」
「In the nursing ho.」
After yesterday’s incident, the topic of discussion in the ho was no longer about suing the cafeteria lady but about the boy’s drowning case.
"Only sixteen or seventeen years old, gone just like that, at the blossom of youth."
"Parents outliving their children. The boy’s parents must be heartbroken."
"Things like water and fire are best kept at a distance, never to be touched."
"Xiao Qin, Xiao Qin, tell us, will those two won end up in jail?"
"..."
Zhang Qingyuan and others sighed deeply, their mood somber. As they grew older, their emotions beca more sensitive than those of ordinary people. Their understanding of life’s separations and deaths also grew more profound.
Ultimately, a group gathered around Qin Mu, eager to know the possible fate of the two won who let their dog off leash.
Qin Mu, however, shook his head. "As of now, the true facts are unknown, so we cannot make a judgnt."
This case involves a lot of knowledge that requires subjective judgnt. It seems simple, yet it’s complicated.
"What if those two young won intentionally claid it was to save soone, deceiving the boy into the water?" Zhang Qingyuan couldn’t help but ask.
Qin Mu frowned. "If it is found that the two won intentionally deceived the boy, claiming it was their sister or soone else who was drowning, and thus caused the boy to have a mistaken belief and enter the water to save them, leading to his drowning...
"Legally, their actions and the boy’s drowning have a direct causal relationship, constituting the cri of intentional homicide."
In a previous case he and Liang Chengbin had handled involving acts of bravery, there had also been a determination of causal relationships. That ti, while chasing a robber, the criminal ran across the pedestrian crossing. But that was a risky act invited by the robber himself. They were pursuing in an act of bravery, without forcibly chasing.
But in this case, the two won were asking others for help, which is an active request for rescue. If they concealed information, causing soone to have a mistaken belief and enter the water, it’s a clear causal relationship. According to criminal law, it entirely constitutes the cri of intentional homicide.
"But... but what if those two young won were actually trying to save a dog, but the boy thought it was to save a person, how would that be judged?" Li Weiguo then asked.
Qin Mu thought for a mont before saying, "In that case, it would be an unintentional misguidance.
"The two won, when seeking help, did not specify the reason, causing the boy to mistakenly believe it was to rescue a person, which also constitutes a causal relationship.
"However, as this causal relationship is unintentional, it constitutes the cri of negligent manslaughter."
Legally, there is no concept of negligent homicide, only the cri of negligent manslaughter. And as the people requesting help, they have the obligation to explain all circumstances to the rescuer, clarifying the dangers of the situation. If their failure to clearly explain leads to misdirection, it still constitutes a negligent cri. Because of their negligence, the boy went into the water attempting to save soone.
"What... what if everyone clearly knew it was to save a dog?" Song Tiancheng swallowed and asked as well.
As an eyewitness, he was farther away at the ti and only witnessed the general course of events.
Qin Mu continued, "If both parties were aware that it was about saving a dog, leading to the drowning, then they would bear no criminal responsibility."
In this situation, there is no mistaken belief. There is also no negligent concealnt. Which ans all actions were based on the boy’s normal understanding, motivated by his eagerness to perform a righteous act. The act of jumping into the water is a risk he took upon himself. Although the boy lost his life because of it, there is no causal relationship between him and the two won under statutory terms. The statutory aning of causal relationship has logical differences from routine determination.
"However, those two won, in the case of a dog falling into the water and out of panic, asked a minor for help and allowed the minor to go into the river, that behavior... still carries civil responsibility."
Saying this, Qin Mu sighed softly.
Criminally, they are uninvolved. Civilly, however, they are significantly related. Civil judgnts on compensation are based on the Civil Code’s determination of each party’s degree of fault in the incident. It was similar to when he had encountered a shady agent, signed a contract, and then imdiately sued them.
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