This happened in 2065438+September 2007. Aunt Shi found a carton unattended on the roadside and put it on the electric car and went back. At this time, the owner of the carton found that the carton had been taken away, and he was anxious to ride a motorcycle to chase it. As a result, there was an accident. I was hit by a truck and died.
Although Aunt Shi sent the carton to the police station the next day, it didn't end there. Aunt Shi took the lawsuit and was finally awarded 320 thousand by the court. Aunt Shi refused to accept the appeal and appealed to the Higher People's Court of Jiangsu Province. Results Jiangsu Gaofa upheld the judgment of the second instance. In the face of this result, Aunt Shi always insisted that she was not wrong, but Leng Yue, a cold stone, didn't think so. Let me analyze it.
First, everything has a cause and effect. If Aunt Shi hadn't picked up the ownerless carton on the roadside, it wouldn't have caused the owner to die in a rear-end car accident.
Although Aunt Shi defended herself that she picked up cartons to avoid traffic jams, she still regarded cartons as waste, but this statement itself was untenable. The carton was clearly filled with things and left on the side of the road. Although the owner is not in charge, it doesn't mean throwing things away. If Aunt Shi really treats cartons as waste, at least check the contents of cartons. If she knows a little about the law and finds that the carton is not empty, she must not take it away at will, otherwise it will be regarded as unjust enrichment (everyone knows whether she is greedy for cheap or not). It is precisely because Aunt Shi didn't realize this and took the carton away that the owner behind was anxious to catch up with the accident.
Second, Aunt Shi sent the cardboard box to the police station the next day, indicating that she already knew that she shouldn't want it. From the behavioral motive itself, she knew that she was wrong.
Why did Aunt Shi send the carton to the police station the next day? There are two reasons. First, she may know that because of the death caused by this carton, she dare not take possession of this carton (including its contents) without permission. Secondly, she knew that if she didn't send it to the police station, she might be called the police by her master, and then she might break the law. These two reasons show that Aunt Shi knows very well that it is wrong for her to take cartons casually. However, until the Jiangsu High Court upheld the judgment of the second instance, she still refused to admit her mistake and always insisted that she was innocent. It cannot be said that Aunt Shi not only has cognitive problems, but also lacks understanding of the law.
Third, the court awarded Aunt Shi a compensation of 320,000 yuan, involving two families, one is the family of the car owner who died in the crash and the other is the family of the truck driver.
It is completely correct for the court to award Aunt Shi compensation of 320,000 yuan, because Aunt Shi is the main person responsible for the death of the owner. If she hadn't taken away the carton that the owner left on the side of the road at will, there wouldn't have been a traffic accident that the owner was in a hurry to recover. Since there is a direct logical relationship, Aunt Shi is of course liable for compensation for the loss of a family's main labor force and the disintegration of the family. In addition, the family of the truck driver who had a traffic accident was also involved in this tragedy. Although the truck driver is not directly related to Aunt Shi, there is an indirect causal relationship. The driver's license of the truck driver was revoked because of this traffic accident, which affected the normal income source of the family and was also a very sympathetic person.
Conclusion: If we resume Mrs. Shi's lawsuit, it should not happen. After she found a cardboard box on the side of the road, if she felt that it was blocking the traffic, she could move it to the side of the road out of kindness. When she was moving the carton, she naturally found something in the carton. These things were never thrown by the roadside. At this time, if Aunt Shi really means well, she can wait by the carton for the time being, waiting for the owner to pick it up. If the owner doesn't come for a long time, Aunt Shi can also give it to the police. Dealing with the problem according to this correct thinking will naturally not lead to the consequences of killing people, taking a lawsuit and being sentenced to a large sum of money.
He was awarded 300 thousand compensation for picking up cartons. The reason is not just a carton, nor how expensive the things in the carton are. But this carton that Aunt Shi picked up was just unloaded from the truck and put on the side of the road. Aunt rode an electric car, picked up the carton and left. The man shouted for a long time and said that the carton was mine. No response.
So, the man borrowed an electric car from someone he knew next to him and rode behind Aunt Shi. At this time, because of his carelessness, he was hit by a passing truck and died. Therefore, Aunt Shi has to compensate others for 300,000 yuan. Not because I simply picked up a carton.
Is it wrong for Aunt Shi to compensate this money? 1, with details provided by the deceased's daughter. In other words, after the death of the deceased, the family found this stone aunt and asked her to take part in the death of the deceased. The implication is that if Aunt Shi can come up with tens of thousands of dollars and apologize, the families of the deceased will get some comfort and will not pursue Aunt Shi's responsibility too much.
Aunt Shi doesn't feel responsible at all. She thinks she just picked up a carton on the side of the road. Why should she compensate for a person's death? It doesn't make any sense. Aunt Shi not only thinks that she has no responsibility, but also has a tough attitude, telling the family of the deceased that she simply ignores the family of the deceased. Aunt Shi's attitude made the family of the deceased unbearable and appealed to the court.
The court ruled in the first instance that Aunt Shi was not responsible. The deceased was a traffic accident, and his death had nothing to do with Aunt Shi. The police station also issued a certificate that Aunt Shi had picked it up, not stolen it. This made the families of the deceased even more angry and appealed. This time, the judgment is different. Aunt Shi should bear part of the responsibility and compensate the deceased for 300,000 yuan.
Aunt Shi has been stressing that she picked up cartons and didn't steal them on purpose. But is it important to steal or to pick up? In this compensation case, stealing or picking up is not important, because no matter whether Aunt Shi steals or picks up, it is because of her actions that the deceased will chase her and cause the death of the deceased.
Some people say that the deceased is also responsible. Yes, in fact, Aunt Shi only took part in the responsibility and will pay 300,000 yuan. If you take full responsibility, then death is not as simple as 300 thousand. The deceased himself obviously violated traffic regulations, such as stopping to unload goods, riding an electric car to make a phone call and so on.
Aunt Shi is very depressed now. Because my family can't compensate the money in time, my pension account is frozen and there is no living expenses. The house where I live has also been frozen, and the court will auction it. These are the normal execution procedures of the court. Of course, if the court verifies that Aunt Shi has no other source of income, it can leave her some living expenses.
But what can we do? There is nothing she can do. If Aunt Shi had consulted with the family of the deceased, she could have foreseen these consequences, or asked a friend who knew a little about the law to give her some advice. Give some funeral expenses to the deceased in time and actively communicate with the families of the deceased. Maybe it's just the result that Aunt Shi lost tens of thousands of dollars. This shows that we should have the minimum communication on many things from the beginning.
Need to remind many grandparents of one thing, when picking up waste, be sure to find out if they have thrown it away. Many old people have the habit of picking up waste. In fact, a carton can't sell for a few dollars, and many a mickle makes a mickle. Selling waste products can earn tens of dollars a month. This is really a good thing for the elderly who have nothing to do every day. It can not only earn income, but also exercise.
However, in this process, some old people will cross the line a little, such as cartons that people have just put on the ground and haven't said no, such as large items that people have bought. Obviously, it is not appropriate to take these away and put them next to others. Some old people go further. They will take other people's things first, and then say what to throw. Many young people are helpless.
In a word, we old people should pay attention to picking up garbage. Don't wait until something big happens to regret it. Perhaps few of the 10 thousand people will go after the old man who picked up the carton himself. But aunt Shi met one. Someone died. This is what Aunt Shi never expected. She may feel wronged. But the law will not talk about human feelings, and will not say that you will not judge if you feel wronged. Now Aunt Shi has no choice but to apply for the necessary living expenses and ask the court to leave some basic living expenses for herself during the execution. That's all.
Take other people's cartons at will, which is typical of greed and cheapness. I think I deserve to be sentenced to 320 thousand. Life is a matter of life, and the deceased died in a car accident because he wanted to recover the carton, which made people sad.
The tragic history of a bloody case caused by a carton aunt is usually to pick up some paper skins and bottles on the street and sell them to earn a little money. On this day, he drove an electric tricycle around the street as usual. When he saw a cardboard box on the road in a place, he stopped to pick it up and took it away. But in fact, this carton is placed on the road as a warning sign. There is a broken car ahead, which is being repaired. When the owner saw that the aunt took it away, he chased and shouted "The carton is mine", but the aunt ignored it and drove on the tricycle. Unexpectedly, when the owner came after him, a big car knocked the owner (that is, the deceased) to the ground and died after being rescued. In the end, the court ruled that Aunt Shi compensated 320,000 yuan.
Aunt Shi refused to accept the huge compensation fee and thought that she was not wrong. Aunt Shi refused to accept, saying that she was not wrong. She said that he thought the box was an obstacle to traffic, and she took it for fear of affecting traffic. As for someone chasing her, Aunt Shi said that she had a hearing problem and didn't hear it at all. On the second day of the incident, Aunt Shi took the cardboard box to the police station and handed it over to the police. She said she just helped remove it.
Aunt Shi refused to accept the court's decision and filed a complaint with the High Court, which upheld the original judgment, 320,000 yuan. What is even more incomprehensible and even angry is that Aunt Shi never expressed condolences to the deceased and their families when she was sent to the court for judgment, as if this matter really had nothing to do with herself. This shows that Aunt Shi's character is not so good, a typical greedy and cheap person.
So, is it really like what Aunt Shi said? Is Aunt Shi responsible for this case? I think Aunt Shi is completely lying and shirking responsibility. She must be responsible.
First of all, if she took it because it affected the traffic, he could have taken the box to the side of the road instead of just picking it up and leaving. This is completely an act of picking things up and selling them.
Finally, the next day, she took the initiative to hand over the whole carton to the police station. Isn't there no money here? It's good. Why did you take a cardboard box to the police station? She must have known something was wrong from the rearview mirror of the tricycle, so she had such a motive!
So I think Aunt Shi was wrong from the beginning, greedy for petty gain, ignoring the deceased who chased her all the way, and ignoring the family members of the deceased afterwards. This is wrong and will not be recognized after the court awards compensation.
Conclusion: You can't take "ownerless things" as your own. This kind of greedy and cheap behavior will harm others and yourself sooner or later. In the face of your own mistakes, you should be brave enough to bear them, rather than trying to escape and touch the bottom line of morality and law.
The incident occurred in September 2065438+2007. Aunt Shi in Yixing, Jiangsu Province, picked up a carton when riding a battery car through the intersection. The owner of the horse desperately chased the carton, but he was killed in a car accident on the way.
After the incident, the daughter of the deceased Ma thought that after Aunt Shi took the box, she knew that her father was chasing after her and shouted "That box is mine", but she was still desperate to move forward. So my father went to catch a car accident, and Aunt Shi should be responsible for his father's death.
Aunt Shi believed it and found a box on the road. She took the box to get rid of the roadblock. The reason why she didn't hear her master's cry was mainly because she didn't stop on purpose because of her bad ears. The two sides could not reach an agreement, and the daughter of the deceased Ma took Aunt Shi to court.
Ms. Ma lost the case in the first instance of the court, and Ms. Ma who refused to accept the judgment immediately appealed to Wuxi Intermediate People's Court. The second trial ruled that there was a causal relationship between Shi Aunt's picking-up behavior and the death of the owner, and Shi Aunt had to pay more than 320,000 yuan.
This judgment caught Aunt Shi off guard, and she appealed to the Jiangsu Provincial High Court. But just a few days ago, the Jiangsu Provincial High Court upheld the second-instance judgment. In other words, Aunt Shi eventually lost the case and needed to compensate Ms. Ma for more than 320,000 yuan.
Aunt Shi was very dissatisfied with this judgment. She insisted that she was doing a good job of clearing roadblocks, not greedy for petty gain. However, Ms. Ma believes that Aunt Shi has not admitted that she is wrong until now, and even said "I'm sorry".
What do you think of this incident? Should Aunt Shi compensate for this 320,000 yuan? Did she have anything to do with the death of the deceased?
First of all, I feel right. The old lady picked up (took away) the cartons put by others because she was greedy for petty gain, and as a result, others died. More importantly, when someone called it his carton, Mrs. Shi ran faster instead of returning it. This is the direct cause of the accident when the victim chased her! Let her pay a little more than 320 thousand. I think it is even more unforgivable that the old lady has been biting to death and said, "She thinks the paper box will affect the traffic there, and she wants to take it to the police station." I didn't apologize from beginning to end. I really want to ask the old lady, does she believe her story?
In fact, this case is not the current case, but because the first-instance judgment holds that the victim's death has no causal relationship with Mrs. Shi, so Mrs. Shi does not need compensation. Fortunately, both the second trial and the High Court believed that there was a direct relationship with the old lady, and the victim's family was sentenced to 320,000, and the deceased could be satisfied. Although people can't come back from the dead, the bad guys are finally punished. Mrs. Shi has been complaining recently that the sentence is too heavy, but I want to say that the poor man must have something hateful, and the old lady deserves it. If there was no reason to take advantage of other people's paper boxes at the beginning, there would not be a result of today's award of compensation of 320 thousand, and the retribution would be unpleasant, so drink it off before deciding!
Let me make a hypothesis. At first, it was not the victim who was taken away with a cardboard box, but the old lady Shi heard someone chasing after her and was hit by a car in despair. I believe that the old lady's family will sue the suitors and demand huge compensation! Now Mrs. Shi takes other people's things by herself, and others are dead because of you, so you still have to pay for it, pay for you?