The thief drowned after jumping into a river while being chased; the court ruled the pursuer not liable.

Compiled from: Changsha Evening News, The Paper
 
Case review
On July 14, 2019, Hu parked his car under the South Gate Bridge by the Weishui River in Yutan Street, Ningxiang City, and then went out for a drive with his fiancée in a friend's small car. Around 11 p.m. that night, when Hu and his fiancée returned to South Gate Bridge, they found a man, Yang, sneaking around his car. Hu asked the man what he was doing, but the man did not answer and ran away. Immediately after, Hu found that his car window had been smashed, and his fiancée's handbag inside the car was missing. Hu suspected Yang of theft and began to chase him.

 
During the chase, Hu saw that Yang was indeed holding the handbag that his fiancée had lost, and Hu was convinced that Yang had committed theft. Hu loudly demanded that Yang stop and stated that if the handbag was returned, he would not pursue responsibility. However, Yang not only did not stop but continued running towards the Weishui River. During this time, Yang fell on the riverbank, and Hu, worried about an accident, stopped chasing and also allowed Yang to stop. Yang did not listen to the advice and continued walking towards the center of the river.
 
To prevent an accident, Hu immediately called the police. The Yutan Police Station of Ningxiang City Court promptly arrived at the scene. After a period of search and rescue, no trace of Yang was found.
 
On July 16, 2019, Yang's body was found in the waters near Nanmen Bridge. On July 18, Yang's sister reported the case to Yutan Police Station. The Judicial Appraisal Center conducted an autopsy on Yang to determine the cause of death, and the appraisal result stated 'drowning cannot be ruled out.' After review, the Ningxiang City Court concluded that there was no criminal fact and issued a non-filing notice on October 18. Yang's family filed a lawsuit with the Ningxiang City Court, requesting Hu to compensate 300,000 yuan.
 
 
Relevant Laws
Article 6 of the Tort Liability Law of the People's Republic of China
A person who infringes upon another person's civil rights due to fault shall bear tort liability. According to legal provisions, if a person is presumed to be at fault, and the person cannot prove that they are not at fault, they shall bear tort liability.
 
From this, it can be concluded that the establishment of tort liability must include the constituent elements of an unlawful act and damage fact, a causal relationship between the unlawful act and the damage fact, and the subjective fault of the actor.
 
 
[1] Court Opinion
In this case, when Hu and his fiancée returned to the area under Nanmen Bridge to get their car, they noticed Yang behaving suspiciously and asked him what he was doing. However, Yang ran away immediately. Afterwards, Hu discovered that his car window had been broken and his handbag inside the car was missing, so he concluded that Yang had committed the theft and chased after him.The act of pursuit here is an instinctive response of humans when their legitimate rights and interests are infringed upon, and it is an effective way to safeguard one's rights through private enforcement. As long as such private actions do not exceed the necessary limits, the behavior is reasonable, justified, and lawful.
 
During the chase, Hu noticed that Yang kept walking toward the center of the river. Hu was worried that Yang might be in danger and tried to persuade him to stop, and immediately called the police. From an objective standpoint, Hu did not have any intention of harming Yang. Even if, in terms of facts, Yang's drowning was related to Hu's pursuit,Hu has no subjective fault and his actions should be considered not unlawful.
 
Therefore, the court dismissed Yang's family's lawsuit request.

 

 
[1] The author's perspective
1. About 'Catching Up'
In this case, Hu's reason for chasing Yang was that he discovered Yang committing theft. Under such circumstances where one's property is damaged, Hu's action of chasing the thief is a natural human reaction. During the chase, Hu did not carry any weapons, nor did he take any actions that threatened Yang's personal safety; it was merely an instinctive pursuit. From a legal perspective, Hu did not break the law, nor did he harm anyone else's interests. From the factual perspective, it is reasonable to protect one's own interests through appropriate self-help, which is generally recognized and accepted by the public.
 
2. About the 'duty to rescue'
The reason the duty to provide assistance is discussed in this case is that Hu's pursuit caused Yang to fall into a dangerous situation. So, does Hu have a duty to assist Yang?
 
Hu has no duty to assist Yang. First, Hu's pursuit is not necessarily causally related to Yang's drowning; even if Hu was chasing, Yang could have chosen not to go to the center of the river. Second, seeing the situation was bad, Hu immediately advised Yang and called the police to carry out a search and rescue, meaning Hu had already taken appropriate rescue actions.
 
3. One must not let the righteous be timid and hesitant.
Small cases involve great principles; the law should not impose excessive and unreasonable demands on those who seek justice, so much so that they are overly cautious and dare not uphold justice. Good laws should encourage justice, allowing those who pursue it to uphold it without hesitation.
 
The judgment in this case is in accordance with natural justice, national law, and human sentiment. It conveys the value orientation of fairness and justice to the public, encourages righteous actions to prevent crime, promotes the core values of socialism, and achieves a unity of legal and social effects.