Double 11: 4,500 jin of oranges for 26 yuan? A 9-year-old boy beaten to death by a mentally ill person...

1. An inmate in Jilin contracted HIV in prison and received 100,000 yuan in compensation after seven years of fighting for his rights.
 

A man in Jilin, while serving his prison sentence, was admitted multiple times to a hospital under the prison administration bureau for treatment. He was later found to be infected with HIV. The Jilin Provincial High People's Court subsequently determined that the infection must have occurred in his prison cell. On this basis, the man filed an administrative compensation lawsuit against Siping Prison. Dissatisfied with the 100,000 yuan state compensation awarded by the Jilin Provincial High People's Court, he appealed to the Supreme People's Court.

The Supreme People's Court uploaded the National Compensation Decision regarding this case to the China Judgments Online yesterday (November 6). According to the Decision, the appellant Zhao Ronghui sought over 8 million yuan in compensation. The court ruled that Siping Prison's award of 100,000 yuan for emotional distress was "not inappropriate," and therefore dismissed Zhao Ronghui's appeal. (Source: The Beijing News)
 

2. A 9-year-old boy was beaten to death by a mentally ill person in a residential community, with the attack lasting as long as 30 minutes.
 

On November 5, 2019, a Changsha 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...Lasting 30 minutesThe 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 news reporter 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 the account, when the ambulance arrived at the scene, the child was already dead. Several residents of the 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 patientIf a person causes harmful consequences while unable to recognize or control his or her own conduct, as confirmed through statutory procedures, he or she shall not bear criminal responsibility, but his or her family members or guardians shall be ordered to place him or her under strict supervision 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 liability, but they shall bear civil compensation liability for the tortious acts of the mentally ill person; the scope of compensation mainly covers medical expenses (including rescue costs), funeral expenses, a 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 news9-year-old boy, attacked for 30 minutes, bystandersIt truly cuts to the heart….
 

3. 4,500 jin of oranges for 26 yuan! Farmer's online store targeted by a well-known blogger and followers for exploitation.
 

Recently, a Taobao store owner made an operational errorAfter mistakenly listing 26 yuan for 4,500 jin instead of 4,500 grams of navel orangesBilibili blogger "Luren A-" called on fans to "exploit loopholes for profit,"In a short period, "wool party" members "grazed" nearly 7 million yuan in orders.and in situations where the merchant was unable to ship, they maliciously filed complaints of “false advertising,” causing the store to be shut down directly.

On the afternoon of the 7th, Bilibili stated that a user on its platform, "Luren A-", upon seeing that the Tmall store "Guoxiaoyun Flagship Store" had mistakenly listed 4,500 grams of navel oranges for 26 yuan instead of 4,500 jin, guided fans to exploit the merchant's pricing error for profit, causing a severely negative social impact. As a result, the user's account on the platform will be banned until the matter is properly resolved.

 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 the provisions of this Chapter and such laws as the General Provisions of the Civil Law of the People's Republic of China, the Contract Law of the People's Republic of China, and the Electronic Signature Law of the People's Republic of China.
 

According to Article 54 of the Contract Law of the People's Republic of China, a party has the right to request the people's court or an arbitration institution to modify or rescind the following contracts:
 

(1) BecauseMaterial misunderstanding.Entered into

[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 store owner, due to lack of experience and negligence, set a price that did not reflect their true intent, and 4,500 jin (2.25 tons) of oranges for 26 yuan clearly violates the principle of equivalent value exchange. Therefore,The shop owner may request the People's Court to rescind the contract on the grounds of “material misunderstanding” and “obvious unfairness.”