[Legal News] An accident occurred in a fight (2008.09. 1 1) General introduction: There was a dispute between a bicycle and a bus. The cyclist fell off the bus, so he was pushed and fell. After falling, the back of the head slammed. I don't even have that consciousness. What does it matter if I push it? Is it true that the person who stopped the fight was accused of being the perpetrator or wronged him? Guide: What serious consequences will the small friction on the road eventually lead to? Was it really an accident? Moderator: There are often good people on the street. For example, if someone encounters difficulties, enthusiastic people will come up to stop the fight, but sometimes good intentions may not be able to do good things. For example, Mr. Zhang of Wuhan has encountered such a thing. On the evening of August 20, 2006, an accident occurred on Changqing Road, Wuhan City, Hubei Province at 19:00. A cyclist thought that a bus had left him, and then the cyclist ran to the bus and had an argument with the driver. At this time, a passenger in the car came forward to persuade him. Unexpectedly, the cyclist suddenly fell off the car and fell on the road. Many people near Fuxing village at the scene of the accident have heard of it, but no one has witnessed it. It is understood that a passenger on the bus called the police after the cyclist fell, so how did the cyclist fall into the car? The bus that was involved in the accident was the No.585 bus belonging to the Fourth Branch of Wuhan Public Transport Group. At that time, the driver Master Kong told this story. On the bumpy road, the car will naturally shake. Master Kong said that he was driving normally and didn't notice the bike. The cyclist's name is Du Fulin, and he was riding a bike to work at night with a colleague. Du Fulin's colleague Lao Li said that he saw that the bus was not Du Fulin's bike, but the bus didn't stop. Lao Li said that Du Fulin, who was very angry at that time, went to chase the bus, and Lao Li followed suit. When Bus No.585 stopped at Fuxing Village Station, Du Fulin was the first to catch up, got on the bus from the front door and began to pull Master Kong who was driving. Master Kong said that he found that Du Fulin, a cyclist, had drunk and ignored him. At this time, a passenger in the car came over and reached out to Du Fulin. This man named Zhang Youqi came over to comfort him. Zhang Youqi said that he saw Du Fulin suddenly fall from the front door and hit his head on the road. So how did Du Fulin fall? Zhang Youqi said that Du Fulin slipped after drinking. Master Kong, the driver of the car, also proved that Du Fulin had drunk a lot of wine at that time, and his consciousness was not clear and his behavior was a little out of control, but he did not see how Du Fulin fell. Du Fulin's colleague Lao Li said that he saw Zhang Youqi push Du Fulin out of the car. Lao Li said that when riding a bicycle to catch up with the bus, Du Fulin was already standing at the door of the bus, and he happened to see Du Fulin being pushed down. Lao Li's statement made Zhang Youqi very angry. Zhang Youqi said that she had never pushed Du Fulin, just patted him. When the two men were fighting over a trivial matter, Zhang Youqi said that they should stop fighting instead of fighting. He didn't even have the idea of pushing Du out of the car. Zhang Youqi also questioned Lao Li's witness. Du Fulin, who was riding a bicycle, stood on the inside of the car door, while Zhang Youqi, who had stopped fighting, stood on the inside of the car. Lao Li chased after the car and was limited by sight. It's impossible to see what's going on inside the car Lao Li said that he came by bike from the sidewalk, and the location was similar to the front door of the bus, just in sight, while Zhang Youqi said that the bus No.585 at the time of the accident was an old-fashioned bus, and the distance from the front door to the first window was nearly 1 meter. At that time, Zhang Youqi was standing in this position, so even if Lao Li could see Du Fulin standing at the door, he could not see Zhang Youqi standing inside. Zhang Youqi's lawyer drew a picture to illustrate the problem. The front door of the carriage and the first window of the carriage are about 80 cm. The lawyer said that this is the front door, the driver is here, Du Fulin, who drank wine, is here, and Zhang Youqi, who went to stop the fight, is also standing here, so Lao Li's line of sight outside the car is just blocked by the carriage board, so it is impossible to see Zhang Youqi. Zhang Youqi also said that it was already dark when the accident happened. Lao Li is seven or eight meters away, so he shouldn't see the inside of the car from the sidewalk. Lao Li said that he couldn't remember the details of whether the No.585 bus turned on the light at the time of the incident, but if it didn't turn on the light, it might be dark and he couldn't see clearly from the outside of the car, which also made Zhang Youqi suspect that Lao Li had deliberately pushed Du Fulin. According to different accounts of several people, it is uncertain how Du Fulin fell out of the car. After the incident, 1 10 police quickly came to the scene, and Du Fulin got up with the help of Lao Li. The police asked Master Kong, Du Fulin and Zhang Youqi respectively. The results of the police's alarm list at that time showed that Du Fulin was "drunk and fell". After that, the bus left and Du Fulin went back to his home. The reason why our reporter spent so much effort to investigate the whole process of Du Fulin's fall from the building was because he looked fine at the time and Du Fulin didn't expect to cause complications when he went home. After staying at home for two days, Du Fulin suddenly felt that he had a problem and had a bad headache. What if something really happens next? Du Fulin's wife said that Du Fulin drinks a little wine every day, and the amount of alcohol is not bad. He didn't drink much on the day of wrestling. The wife rushed to the hospital with Du Fulin, who had a bad headache, and only after examination did she know that it was a brain hernia. Cerebral hernia is a severe brain edema caused by external impact. Doctors are also worried about this situation. The hospital carried out emergency treatment measures according to the condition, and then suggested that he be transferred to a higher hospital for treatment. At that time, the family refused to go to a higher hospital for treatment. The hospital said that the patient's brain hernia was aggravated and his condition was critical, and his life was at risk at any time. The patient's family members strongly demanded that they still be treated in the hospital and refused further examination and treatment. She volunteered to bear all the consequences of the risk, and the hospital produced Chen Guihua's signature. So why did Du Fulin's wife take a negative attitude? Du Fulin's family is a low-income household. The whole family depends on Du Fulin's salary of several hundred yuan a month. Du Fulin died a week later because his wife refused further treatment. Moderator: When Du Fulin died, it became a big event. The police then intervened in the investigation, and the testimony of Du Fulin's colleague Lao Li was taken seriously by the police. Therefore, the police detained Zhang Youqi on suspicion of negligent death and subsequently arrested him. So how should we judge Zhang Youqi's behavior? In the legal sense, can the so-called negligence cause death in this incident be established? Next, we asked the director to put us through to Professor Hong Daode of China University of Political Science and Law. Mr. Hong, it should be said that whether from the evidence or from the legal provisions, it should be said that he is very reluctant to classify it as negligent death. Hong Daode: The fact that the victim (Du Fulin) fell down at that time may have a direct causal relationship with the defendant (Zhang Youqi), but the subsequent death should be said to lack the causal relationship required by the Criminal Law. In addition, Du Fulin was drunk at that time, and then the drunk person may be mentally unstable. This should also be considered. This should be said from both the driver and the current defendant. That is to say, considering that he is standing in such a dangerous place, he is a drunk. People who are not particularly conscious may have such a dangerous event. In this case, try to pull him to a safer place. There are remarks, but this does not constitute the constitutive elements of the crime. Moderator: Do you think it constitutes a crime of negligent death? Hong Daode: It depends on whether the evidence is sufficient and whether a reasonable chain of evidence can be formed. But at this time, Zhang Youqi has been detained. After being detained for 1 year and three months, she finally ushered in the court's decision. The court found that Zhang Youqi did push Du Fulin, but his behavior was not necessarily related to Du Fulin's death after 10, so it did not constitute the crime of negligent death. The court held that Du Fulin's death was an accident in criminal law. However, Zhang Youqi's behavior objectively caused Du Fulin's death, so he should bear civil liability. In the end, the court ruled that Zhang Youqi was not guilty, but he had to bear more than 44,000 yuan of civil compensation for Du Fulin, and the bus company had to bear more than 44,000 yuan of civil compensation 1 1000. Zhang Youqi's family and the bus company refused to accept this judgment and appealed. Zhang Youqi believes that since he is not guilty, he is not guilty. Why do you want me to pay more than 40 thousand The bus company did not deliberately act in this accident, nor did it do other acts that should bear legal responsibility, and there was no causal relationship with the result of the death of the deceased. The lawsuit will continue, and it is very important for Zhang Youqi to finally get out of the detention center. At present, the civil compensation in this case is still in the second instance. All parties believe that the court will finally give a fair result. Many citizens in Wuhan have heard of Zhang Youqi fighting on the bus. Everyone thinks that Zhang Youqi's starting point should be advocated and protected to safeguard justice. The bus company said that drivers sometimes feel isolated, especially when they encounter some unreasonable behaviors. At this time, if passengers or the public can lend a helping hand, we are very grateful to him. After all, the death of Du Fulin who fell from the car was an unfortunate event, but was it just an accident? It is understood that the road conditions of Bus No.585 near the start and end of Wuhan are like this. The road surface is narrow, there is no distinction between fast and slow lanes and sidewalks, and there is no clear traffic sign line. Some buses also stop at random on the road to carry passengers. In this incident, five buses passed by on the road where the bicycle collided with the No.585 bus. This mixed traffic situation made the originally wide road more crowded, and there was less and less space for bicycles and pedestrians. At present, Zhang Youqi lives with her mother-in-law. Zhang Youqi was laid off from her former unit in 2002 and now works in a restaurant. Although the case once affected the life of the whole family, his life will continue after all. Moderator: In fact, Zhang Youqi's behavior at that time, although some people said that he was nosy, from another perspective, if he left the scene regardless of this nosy, the situation at the scene might be chaotic, dangerous and in need of help, so we can't ask too much of people who help others in an emergency. If this case is put on file, everyone can seek to maximize the interests of all parties and conduct the most effective mediation under the guidance of the concept of harmony. Thank you for watching today's program. See you in the legal report at the same time tomorrow.

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