The boy killed by a dog, dog owner has to hide the truth! Who will bear responsibility?2017-09-28 18:40:04 220 ℃
Original title: the boy killed by a dog, dog owner has to hide the truth! Who will bear responsibility?
(CCTV, finance, economics and law)At noon on October 22, 2016, the Public Security Bureau of Yunnan, Maitreya province received a report and found a body in Taiping reservoir, the town of yang.
Major case, Maitreya police immediately arrange police and forensic police, the first time to the scene. Scene of the crime. 5 meters from the shore of the reservoir, the police found that the floating object in the water is a naked child, the police quickly rescue the child ashore.
The child was about 10 years old and had no apparent signs of life. Forensic examination has died. Further investigation, the police found that the body has a number of facial injuries, subcutaneous tissue subcutaneous tissue has been broken, the appearance of almost impossible to distinguish. The body had a spot on the leg and a nearly 10 cm long, 5 cm deep wound at the neck.
The cause of the boy's death could not be immediately determined, but the coroner found that the wound in the child was shaped like a canine bite. And in the little boy's fingernails he found the hair of a yellow animal. At the same time as forensic autopsy, on-site inquest, evidence collection officers found a lot of animal footprints at the scene, through the external shape, basically can be concluded that the dog's footprints.
Police judge that the deceased should have been swimming or swimming near the reservoir. The police decided to visit the local villagers and look for witnesses. After investigation, the deceased is 9 years old, Xia Moumou, Yang Zhen Mi Ma Village for local. At noon, Xia Moumou was with two classmates.
According to Xia Moumou's classmate, Xia Moumou and two other students wanted to swim in the water at that time. Suddenly, three unattended dogs entered the reservoir area from the path. At this point, there are a group of children on the shore in the water throwing stones, water, drift play. At this time, two big dogs suddenly burst into the water, Xia Moumou offshore side of the far, did not have time to disembark, of which two big dogs suddenly began to bite in the water fierce summer.
A large number of police investigation of the reservoir surrounding villages dogs, next to the reservoir has two villages, accounting for Macun and occupied Ma Tin village. A total of more than 200 households, dogs accounted for more than half. According to the description of the students present, two large dogs, such as German shepherd dogs, were tearing at the boys. The police narrowed the search.
At this time, the students gave the police provided an important clue: when dog bites when there is a more than 50 year old woman riding a tricycle passing from the dam, in the dam like women called the dog's name, Sasa. When the dog heard the call, she followed the woman and hurried off the scene. According to the student's description, the police immediately went to the village to investigate a woman.
The name of the woman is Zhang Peilan, 53. A chicken farm was opened in the village. When she told the police, do not have their own home when the dog, a police officer in her backyard farm, found. Zhang Peilan told police that his home was the dog to the village a man named Xia Weihui bought the farm to care, but because the dog had bitten to death by chickens, early is to sell yourself, vacant for a long time.
The police immediately went to summer grey home. In the summer courtyard, a dozen large fierce dogs were raised, including German Shepherd dogs. The forensic medicine extracted the hair of all the big dogs in the field and compared the hairs on the boy's fingernails, but did not match the hairs on the scene.
Once more investigation, the police had an unexpected harvest, Zhang Peilan's dog, the name is called "Sasa."".
Once again, the police questioned Zhang Peilan and his family members. At the moment, a few people began to be confused about the situation of their own dogs. Zhang Peilan said he mistook the time, the dog just before the incident sold, but sellers, money and other information can not be answered. The home had several dogs, as well as the day you are on the problem of reservoir, but also constantly changed.
At this point, there are constantly village witnesses corrected Zhang Peilan, the day of the incident, it did appear in the reservoir. From a variety of witnesses and transcripts of evidence, the police confirmed that Zhang Peilan lied that decided to detain him.
After Zhang Peilan was detained by the police, the mood was out of control, and finally confessed to the police when the incident, the real thing through. Around twelve noon on October 22, 2016, Zhang Peilan's dog ran outside because of neglect of custody. Then she drove out looking for the dog and found the Taiping reservoir all the time. Seeing his dog bite, Zhang Peilan quickly shouted the dog's name and took the dog home.
It turned out that the little boy's wound was bitten by her dog. In order to destroy evidence, Zhang Peilan on the day of the crime, carrying his family, killing his own dog, and then secretly discarded. But unexpectedly, the coroner's death appraisal concluded that the boy was not killed by the dog, but died of drowning.
A detailed autopsy revealed that the bite on the face of the boy's neck was only muscle tissue and was not fatal, but there was a hidden wound in the boy's neck.
As the boy was bitten by a tear in the trachea, the water and sediment dipped into the water, causing the boy to drown. In November 16, 2016, after further identification, the coroner confirmed the cause of the boy's death: drowning.
The parents think that Zhang Peilan illegal keeping of dogs, and lax management, resulting in their child was mauled to death, then, in March 2, 2017, they put a Zhang Peilan on the court, asked Zhang compensation for death and a series of charges.
But Zhang Peilan said the child was swimming in a swimming ban reservoir, while autopsy reports showed that the child was drowning and that the responsibility should be borne by the reservoir. In March 21, 2017, Zhang Peilan asked the court to put the Taiping reservoir management office as the defendant of the case and take legal responsibility. In addition, Zhang Peilan believes that the child's parents improper custody, causing children to swim in the reservoir, but also to bear responsibility.
According to the eighteenth general principles of the civil law of the people's Republic of China, the guardian shall bear the responsibility for failing to perform the duties of guardianship or infringing upon the lawful rights and interests of the ward."
The court held that the plaintiff, as the guardian of the deceased, failed to fulfill the duty of guardianship and should bear the corresponding responsibility. Court judge Xia Moumou parents as appropriate 10%.
In addition, the local court survey found that the location of the crime is less than 60 meters from the reservoir's duty room, but there is no attendant on the same day. The reservoir can not shirk its responsibility to the child drowned.
On June 30, 2017, the people's Court of Yunnan, Maitreya province made a ruling. Defendant Taiping Reservoir Management Office of Maitreya bear 10% liability for compensation. Xia Moumou parents one-time compensation for death compensation and funeral expenses, lost income totaling 24791.55 yuan for the funeral.
In addition, a local court sentenced the defendant Zhang Peilan in this case mainly a one-time compensation Xia Moumou parents death compensation for funeral, funeral expenses, loss of fees, a total of 203332.42 yuan.
See herself to compensate for so much money, Zhang Peilan refused to accept, she thought even if the dog bite child responsibility, nor should it be the responsibility of her family.
Witnesses pointed out that there were three dogs at the scene, two of which had bitten the child, but the other dog had been missing and could not determine who the owner was. Will that reduce Zhang Peilan's liability?
The judge explained that even if the owner of another dog could not be found, the parents of the deceased could also make the Zhang Peilan family take full responsibility for the damage, which was entirely in accordance with the law. Seeing that the claim was untenable, Zhang Peilan immediately found a new reason. She thinks it is time for children to throw stones dashuipiao, to tease her dog, the dog out of water to bite the child, your child should bear the main responsibility.
Until the broadcast, the defendant's Taiping reservoir management office and the Zhang Peilan family have expressed their dissatisfaction with the decision of the court of Maitreya, and appealed to the intermediate people's Court of Honghe Prefecture, Yunnan province.
A year after the incident, the children's parents were afraid to watch any pictures of the children on tv. When you see a child of the same age, you change your mind subconsciously, with only the pain of the heart hollowed out and the tears that can't stop. Even so, what makes the child's parents unacceptable is that the Zhang Peilan family has never apologized to them for a year, and the attitude of ignoring the family is cold.
At present, the case is still under further investigation, regardless of the final outcome of the trial, the only 9 year old Xia Moumou has left the world forever. In the US, the vicious dog wounding things can happen when, not long ago, we have just reported together column residential security case dog bites. Although the vicious dog wounding occurred frequently, but still some people for their own interests, will raise provisions on the dogs behind me, the result is harm to others.
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