Civil Judgment of the People's Court of Anfu County, Jiangxi Province (2008) Ancheng Minchu No. 107 Plaintiff Mao Zhipeng, male, born on March 4, 2002, Han nationality, from Chun'an County, Zhejiang Province, from Gua, Anfu County A student of Pre-Kindergarten Class 1 of Jinxin Hongdun Hope Primary School in She Township, living at No. 70, Xin'an, Xin'an Village, Guashe Township, Anfu County. ID number: 362429200203041713. Legal agent Mao Aimin, a farmer. He is the father of Mao Zhiming. The authorized agent is Chen Waisheng, a lawyer at Jiangxi Anping Law Firm. Defendant Peng Lin, female, born on October 11, 1999, Han nationality, from Anfu County, Jiangxi Province, is a student in Class 1, Grade 2, Jinxin Hongdun Hope Primary School, Guashe Township, Anfu County, and lives in No. 1, Jinxi Village, Guashe Township, Anfu County Group. Legal agent Peng Musheng, farmer. He is the father of Peng Lin. Defendant Guashe Township Central Primary School, Anfu County. Address: Guashe Township, Anfu County. Legal representative Peng Guiping, principal of the school. The entrusted agent is Xiao Longchang, male, vice president of the school. The case concerning the health rights dispute between the plaintiff Mao Zhipeng and the defendant Peng Lin and the Guashe Township Central Primary School in Anfu County (hereinafter referred to as the Guashe Central Primary School) was filed and accepted by this court on July 28, 2008. The trial was held in public by the judge Zou Guangwei using simplified procedures in accordance with the law. A trial was held. Plaintiff Mao Zhipeng and his legal agent Mao Aimin, authorized agent Chen Waisheng, defendant Peng Lin and his legal agent Peng Musheng, and authorized agent Xiao Longchang of Guashe Central Primary School attended the court to participate in the lawsuit. The case has now been concluded. The legal representative of the plaintiff Mao Zhipeng claimed that the plaintiff was a student in the preschool class of Jinxinhongdun Hope Primary School, a subsidiary of the defendant Guashe Central Primary School. At about 13:00 on March 11, 2008, when the plaintiff was having recess at school, the defendant Peng Lin deliberately tripped the plaintiff with her foot, causing the plaintiff to fall and injure her left hand and fracture her left bone. After the accident, the plaintiff was hospitalized in the County People's Hospital and the Provincial Children's Hospital, spending a lot of money. The plaintiff was identified as having a ninth degree disability. The plaintiff’s legal representative made multiple claims against the defendant, but was rejected. Therefore, the lawsuit was brought to the court, requiring the two defendants to compensate the plaintiff for 7,416.38 yuan in medical expenses, 500 yuan in nursing expenses, 668 yuan in transportation expenses, 240 yuan in hospital food subsidies, 1,000 yuan in nutrition expenses, 16,392 yuan in disability compensation, and 10,000 yuan in spiritual comfort payments, in total. RMB 36,616.38. The litigation fees in this case shall be borne by the defendant. Defendant Peng Lin’s legal representative argued that the defendant was playing in his classroom and it was the plaintiff who walked into the defendant’s classroom blindfolded and bumped into the defendant, not the defendant who bumped into the plaintiff. All expenses are reimbursed, which proves that it is good. What's more, neither the plaintiff nor the school came to us at that time. They only told us three months later that it was impossible for us to compensate. The defendant Guashe Central Primary School argued that Jinxinhongdun Hope Primary School, a subsidiary of the defendant, only had two teachers and that for the sake of safety, the students were fully closed and their parents gave them meals at noon. During lunch on March 11, 2008, Mao Jiangbei, the principal of Jinxinhongdun Hope Primary School, was cooking in the kitchen. Before the vegetables were ready, students came to Mao Jiangbei and said that a student had fallen. Mao Jiangbei held the student's hand. , he said his hands hurt. Then Mao Jiangbei called the student's parents, sent the student home, and asked the parents to send the child to the hospital for treatment as soon as possible, telling them that they could get medical expense invoices for reimbursement. Afterwards, Mao Jiangbei went to the classroom to question the students. One student told Mao Jiangbei that Mao Junkai was running in front and the plaintiff Mao Zhipeng was running behind. The two children ran blindfolded with the trademark of the mineral water bottle, and the defendant Peng Lin’s feet were sticking out. After jostling the two children, the child running in front did not fall, but Mao Zhipeng behind him did. Mao Jiangbei criticized Peng Lin and asked her father to come to school tomorrow. Peng Lin's father did not come the next day and has not come since. The plaintiff's father, Mao Aimin, came to the school with an invoice. Mao Jiangbei asked him if the child's injury was important. He said it did not matter. At that time, Mao Aimin thought that he only spent 500 yuan, and did not ask Peng Lin's father, Peng Musheng, to compensate. In June, Mao Aimin came to school and said that Mao Zhipeng's hand still hurt. The director of the County People's Hospital criticized the attending doctor and conducted a second review of the child. As a result, the child had a fracture and dislocation, and the hospital recommended that he be transferred to Nanchang Hospital. Get treatment.

After the plaintiff returned from Nanchang, Mao Aimin went to the school and asked for reimbursement of 6,000 yuan. Mao Jiangbei found Peng Musheng, Peng Musheng's brother, and Mao Aimin to mediate and asked Peng Musheng to compensate 2,000 yuan. At that time, Peng Musheng agreed to pay and said that it would be confirmed on the third day. , but three days later Mao Aimin called Peng Lin's father and asked him to come, but he didn't come because he was unwilling to pay the money. Later, Mao Jiangbei and Mao Aimin went to Peng Lin's home. Peng Lin's mother was at home at the time. Mao Aimin asked them to pay 1,000 yuan, but they were still unwilling to pay, so the plaintiff's father filed a lawsuit in court. Although this incident occurred at noon, the school conducted closed management of the students for the safety of the students; after the student's accident, the school was able to actively contact the parents of both students and mediate between the two parties. It is up to the court to decide whether our school is responsible. After trial, it was found that the plaintiff Mao Zhipeng was a preschool student at Jinxinhongdun Hope Primary School, a subsidiary of the defendant Guashe Central Primary School, and the defendant Peng Lin was a second-year student at Jinxinhongdun Hope Primary School. Since Jinxinhongdun Hope Primary School faces a highway, considering the safety of the students, The school requires students to bring their own lunch or have the meals delivered by their parents, and conducts closed management of students. On March 11, 2008, during the lunch break, the plaintiff Mao Zhipeng and his classmate Mao Junkai covered their eyes with the plastic label paper of a mineral water bottle and chased each other for fun. As they passed the defendant Peng Lin's classroom, Mao Zhipeng tripped over Peng Lin's feet. As a result, Mao Zhipeng's left hand was injured. Mao Jiangbei, the principal of Jinxinhongdun Hope Primary School, sent the plaintiff home. The plaintiff's family sent the plaintiff to Anfu County People's Hospital for treatment. The doctor believed that the plaintiff's injury could recover on its own through exercise. The plaintiff was not hospitalized and spent 490 yuan on medical expenses. The plaintiff’s legal agent Mao Aimin took the invoice to the school, and the school went to the insurance company to reimburse the plaintiff 286 yuan. The plaintiff’s legal agent believed that the plaintiff’s medical expenses were not much and did not request two The defendant compensated. After the plaintiff exercised on his own for more than two months, he went to the county hospital for a review and found that his left hand was fractured and dislocated. Mao Aimin argued with the hospital, and the hospital compensated the plaintiff 6,000 yuan for various expenses. Later, the plaintiff was hospitalized in Jiangxi Children's Hospital for 9 days and spent 7,416.38 yuan in medical expenses. The insurance company compensated the plaintiff 3,600 yuan, and the rural medical insurance compensated the plaintiff 1,800 yuan. On July 20, 2008, the plaintiff was diagnosed as having a disability of level nine by Ji'an Anping Judicial Appraisal Center. Later, the plaintiff requested compensation from the two defendants, but the two defendants refused. Therefore, the plaintiff filed a lawsuit in court and requested the two defendants to compensate the two defendants for a total of 7,416.38 yuan in medical expenses, 500 yuan in nursing expenses, 668 yuan in transportation expenses, 240 yuan in hospital food subsidy, 1,000 yuan in nutrition expenses, 16,392 yuan in disability compensation, and 10,000 yuan in spiritual comfort. RMB 36,616.38; and bear the litigation costs of this case. The above facts can be confirmed by the statements of the parties concerned, forensic appraisal certificates, medical expense invoices, discharge records, disease diagnosis certificates, transportation expense invoices, injury examination fee invoices, witness testimony, etc. This court believes that during the lunch break, the plaintiff Mao Zhipeng blindfolded his eyes with the plastic label paper of a mineral water bottle and chased and played with others. He was tripped and injured and went to Anfu County Hospital for treatment. The hospital doctor believed that the plaintiff’s injury was not serious and he could exercise on his own. Therefore, the plaintiff was not required to be hospitalized and the plaintiff only incurred expenses of 490 yuan. The plaintiff’s legal representative did not require compensation from the two defendants. The plaintiff’s self-exercise exercise for more than two months failed to produce any results, and a misalignment occurred, which caused the plaintiff to be hospitalized in the Provincial Children’s Hospital, which constituted a ninth-level disability, causing the plaintiff’s losses to expand. The plaintiff’s legal representative and the county hospital have filed a lawsuit regarding the plaintiff’s occurrence and future An agreement was reached on the expenses incurred, and the hospital compensated the plaintiff 6,000 yuan, which should be deducted from the plaintiff's expenses; the plaintiff should bear the main responsibility for the plaintiff's losses. Schools have the obligation to educate, manage and protect minors in accordance with the law. The defendant, Jinxinhongdun Hope Primary School, a subsidiary of Guashe Central Primary School, conducts closed management of students. However, poor management caused the plaintiff to be injured and should bear certain liability for compensation. The defendant Peng Lin tripped and injured the plaintiff, and the defendant's legal representative should bear certain liability for compensation. The plaintiff's legal representative voluntarily reduced the amount of compensation from the insurance company, and this court allowed it.

The plaintiff requested compensation of 10,000 yuan for moral comfort. Since the plaintiff's injury was not serious at the time and the medical expenses incurred were not much, the plaintiff's legal representative did not require compensation from the two defendants. However, a subsequent dislocation occurred, causing the plaintiff's ninth-level disability. Therefore, the plaintiff’s request for compensation for emotional consolation was not supported by this court. According to Articles 142 and 64 of the "Civil Procedure Law of the People's Republic of China" and Articles 119 and 133 of the "General Principles of the People's Republic of China and Civil Procedure Law" Article 11 and the provisions of Article 2, Article 3, Paragraph 2, and Article 17, Paragraph 3 of the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases", the judgment is as follows: 1. Plaintiff Mao Zhipeng's Medical expenses are 7,416.38 yuan, nursing fees are 180 yuan, transportation expenses are 162 yuan, hospital food subsidy is 72 yuan, nutrition expenses are 27 yuan, disability compensation is 16,392 yuan, and appraisal fees are 400 yuan, totaling 24,649.38 yuan, minus the compensation from Anfu County Hospital 6,000 yuan, minus the 3,600 yuan compensated by the insurance company, leaving the remaining 15,049.38 yuan. The defendant Guashe Township Central Primary School in Anfu County compensated 4,514.81 yuan, and the defendant Peng Lin’s legal agent Peng Musheng compensated 3,009.88 yuan. The remainder shall be borne by the plaintiff’s legal representative. The defendant shall pay the above sum in one lump sum on the date when the judgment takes effect. 2. Reject the other claims of the plaintiff’s legal representative. If the monetary payment obligation is not performed within the period specified in this judgment, the debt interest for the period of delayed performance shall be doubled in accordance with the provisions of Article 229 of the Civil Procedure Law of the People's Republic of China. The litigation fee in this case is halved to 358 yuan, with 158 yuan borne by the plaintiff’s legal representative, 100 yuan borne by the defendant Anfu County Guashe Township Central Primary School, and 100 yuan borne by the defendant Peng Lin’s legal representative Peng Musheng. If you are dissatisfied with this judgment, you can submit an appeal to this court within fifteen days from the date of delivery of the judgment, and submit copies according to the number of opposing parties, and appeal to the Intermediate People's Court of Ji'an City, Jiangxi Province. Judge Zou Guangwei and Clerk Wang Jun attached legal provisions on October 24, 2008: 1. "Civil Procedure Law of the People's Republic of China" Article 142 Basic People's Courts and the tribunals dispatched by them When hearing simple civil cases in which the facts are clear, the relationship between rights and obligations is clear, and the disputes are not major, the provisions of this chapter shall apply. Article 64: The parties concerned are responsible for providing evidence for their claims. The People's Court shall investigate and collect evidence that the parties and their agents ad litem cannot collect on their own due to objective reasons, or that the People's Court deems necessary to hear the case. The People's Court shall review and verify evidence comprehensively and objectively in accordance with legal procedures. 2. "General Principles of the People's Republic of China and Civil Law" Article 119 Whoever infringes upon a citizen's body and causes injury shall be compensated for medical expenses, loss of income due to missed work, living allowances for the disabled, etc.; if death is caused, compensation shall be paid. And should pay funeral expenses, necessary living expenses of the deceased's dependents, etc. Article 131: If the victim is also at fault for the damage, the civil liability of the offender may be reduced. 3. The Supreme People's Court's "Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" Article 2 If the victim has intentional or negligent behavior in the occurrence or expansion of the same damage, in accordance with the provisions of Article 131 of the General Principles of the Civil Law, The liability of the obligor for compensation may be reduced or exempted. However, if the tortfeasor causes damage intentionally or with gross negligence and the victim is only at ordinary fault, the liability of the person obligated to pay compensation will not be reduced. When applying the provisions of paragraph 3 of Article 106 of the General Principles of the Civil Law to determine the liability of the person with the obligation to compensate, if the victim has committed a major fault, the liability of the person with the obligation to compensate may be reduced. Article 3 If two or more persons cause harm to another person with the same intention or with the same negligence, or if there is no mutual intention or the same negligence, but their infringement acts are directly combined to produce the same harm, it constitutes a crime. **Any person who commits infringement shall bear joint and several liability in accordance with Article 130 of the General Principles of the Civil Law.

If two or more persons do not have the same intention or the same fault, but several acts they respectively perform indirectly combine to cause the same damage, they shall each bear corresponding liability for compensation according to the magnitude of their fault or the proportion of the causative force. Article 7 A school, kindergarten or other educational institution that has the obligation to educate, manage and protect minors in accordance with the law fails to perform relevant obligations within the scope of its duties and causes minors to suffer personal harm, or minors cause personal harm to others. , shall bear the liability for compensation corresponding to its fault. If a third party causes personal injury to a minor due to infringement, he shall be liable for compensation. If schools, kindergartens and other educational institutions are at fault, they shall bear corresponding supplementary compensation liability. Article 17 The victim suffered personal injury, various expenses incurred for medical treatment and loss of income due to missed work, including medical expenses, lost work expenses, nursing expenses, transportation expenses, accommodation expenses, hospitalization food subsidies, and necessary nutritional expenses. , the person with the obligation to compensate shall compensate. If the victim becomes disabled due to injury, the necessary expenses incurred by him to increase his living needs and the loss of income caused by the loss of working ability, including disability compensation, disability assistive device fees, dependents' living expenses, and rehabilitation care, continued The obligor shall also compensate the necessary rehabilitation fees, nursing fees, and follow-up treatment fees actually incurred for the treatment. If the victim dies, the compensation obligor shall, in addition to compensation for the relevant expenses stipulated in paragraph 1 of this article based on the rescue and treatment conditions, also compensate for funeral expenses, living expenses of dependents, death compensation expenses, and transportation expenses incurred by relatives of the victim to handle funeral matters. , accommodation fees, lost work time and other reasonable expenses.