1. A prisoner in Jilin contracted AIDS in prison, won 100,000 yuan in compensation after seven years of rights protection
 

A man in Jilin, while serving a prison sentence, was repeatedly admitted to a hospital under the prison administration for treatment and later diagnosed with HIV. The Jilin Provincial High Court determined that the infection likely occurred in his detention cell. The man filed an administrative compensation lawsuit against Siping Prison on this basis. Dissatisfied with the 100,000 yuan state compensation awarded by the Jilin Provincial High Court, he appealed to the Supreme Court.

The Supreme Court uploaded the "State Compensation Decision" regarding this case on the China Judgments Online website yesterday (November 6). The decision states that the appellant, Zhao Ronghui, sought over 8 million yuan in compensation. However, the court ruled that the 100,000 yuan in moral damages granted by Siping Prison was "not improper," thus dismissing Zhao Ronghui's appeal. (Source: The Beijing News)
 

2. A 9-year-old boy was beaten to death by a mental patient in a residential area, the assault lasting 30 minutes
 

On November 5, 2019, in Changsha, a A 9-year-old boyA child was beaten to death in a residential area by a man using a wrench and a screwdriver. During the incident, the attacker...30 minutes longThe man struck Luo Qi's head violently with a wrench and stabbed him repeatedly with a screwdriver, creating a horrific scene. During the incident, bystanders and security guards stood by without intervening, until the attacker's father arrived.

A journalist learned from the family of the victimized boy that the boy had just turned 9 years old this year, and the man involved is currently under police control. According to reports, the child had already died by the time the ambulance arrived at the scene. Several residents of the residential community stated thatThe man involved is suspected to be a psychiatric patient and had only moved into the neighborhood a week ago.(From Chengdu Business Daily)
 

　　Lawyer from Guangdong Zhiming Law Firm stated:According to Article 18 of the Criminal Law:A mental patientwho causes harmful consequences when unable to recognize or control their own conduct, as confirmed through legal procedures, shall not bear criminal responsibility, but their family members or guardians shall be ordered to strictly supervise and provide medical treatment;
 

When necessary, the government shall enforce compulsory medical treatment. An intermittent mental patient who commits a crime while in a normal mental state shall bear criminal responsibility.
 

A mentally ill person who has not completely lost the ability to recognize or control their own conduct shall bear criminal responsibility, but may be given a lighter or mitigated punishment.
 

　　Guardian of a mentally ill personThey do not need to bear criminal responsibility, but shall bear civil liability for the tortious acts of the mentally ill person; the scope of compensation mainly includes medical expenses (including rescue costs), funeral expenses, lump-sum death compensation, and other items.
 

　　Bystanding security guards and the publicThey bear no legal liability, butThe property management company, having failed to fulfill its security obligations in a timely manner, shall bear certain civil liability for compensation.。
 

In the newsA 9-year-old boy, 30 minutes of assault, onlookersTruly stings the heart...
 

3. 4,500 jin of oranges for 26 yuan! A farmer's online store was exploited by a well-known blogger's followers
 

Recently, a Taobao store owner made an operational errorAfter mistakenly listing 26 yuan for 4500 grams of navel oranges as 4500 jin, Bilibili blogger "Passerby A-" called on fans to "exploit the loophole", and was "fleeced" by the "wool party" for nearly 7 million yuan in orders in a short time, then maliciously complained about "false advertising by the merchant" when the merchant could not deliver, causing the store to close directly.

On the afternoon of the 7th, Bilibili Danmaku Network stated that after seeing the Tmall store "Guo Xiaoyun Flagship Store" mistakenly set 26 yuan for 4500 grams of navel oranges as 4500 jin, the site user "Passerby A-" guided fans to profit from the merchant's price loophole, causing a severe social impact. Therefore, their site account will be banned until they properly handle this incident.

　　Lawyer from Guangdong Zhiming Law Firm stated:These sales contracts (i.e., the orders in this incident) are voidable contracts.The store may not have sufficient knowledge of relevant laws, thus feeling that the loss is irreparable.
 

Generally speaking, the product and service information released by merchants in online stores constitutes a contract offer. If the buyer accepts the merchant's offer, the consumer's order placement is considered acceptance. Once acceptance takes effect, an electronic contract is established between the two parties. Therefore, the orders we usually place on platforms like Taobao and JD.com are legally referred to as contracts.
 

According to Article 47 of the E-Commerce Law, the conclusion and performance of contracts by e-commerce parties shall be governed by this chapter and the provisions of the General Principles of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, the Electronic Signature Law of the People's Republic of China, and other laws.
 

According to Article 54 of the Contract Law of the People's Republic of China, for the following contracts, one party has the right to request the People's Court or an arbitration institution to modify or revoke them:
 

　　(一)因Material misunderstanding.[1] concluded;

[2] (2) At the time of concluding the contract[3] if it is obviously unfair[4] . If one party[5] by means of fraud, coercion, or taking advantage of the other party's distress[6] causes the other party to conclude a contract contrary to its true intention, the injured party has the right to request the people's court or an arbitration institution to modify or rescind the contract. If a party requests modification, the people's court or arbitration institution shall not rescind the contract.
 

In this incident, the Taobao shop owner, due to lack of experience and negligence, caused a discrepancy between the listed price and the true intention, and 4,500 jin (2.25 tons) of oranges for 26 yuan clearly violates the principle of fair compensation. Therefore,the shop owner can request the people's court to revoke the contract based on the circumstances of "major misunderstanding" and "obvious unfairness."