Good-faith Mediation Causing Injury: No Compensation Required for Acts of Bravery
Compiled from: China Legal Publicity Network, Legal Daily
Case review
Wang Jia, Wang Yi, Zhang Jia, and Zhang Yi are villagers from the same village. One evening in 2018, Wang Jia, after drinking, had a dispute with Zhang Jia over road construction issues and provoked Zhang Jia to "settle it." Zhang Jia was encouraged by another villager, Wang Yi, escalating the conflict. Wang Jia slapped Wang Yi, and then both picked up benches to fight each other. Zhang Yi intervened to mediate, holding Wang Jia, and during the struggle, Wang Jia injured his waist, and Zhang Jia injured his left hand. After being injured, Wang Jia was hospitalized for 19 days, incurring medical expenses of 7,168.7 yuan. An appraisal agency determined that Wang Jia had a level 10 disability according to the "Classification of Human Injury Disability," and incurred accommodation fees of 1,444 yuan and transportation fees of 390 yuan for treatment and appraisal. Additionally, due to this dispute, Wang Jia was administratively fined 500 yuan by the Suichang County Court of Lishui City.
Wang Jia filed a lawsuit with the Suichang County People's Court, demanding that Wang Yi, Zhang Jia, and Zhang Yi compensate him for various losses totaling 101,198.6 yuan caused by personal injury.
Relevant legal provisions
Civil Code of the People's Republic of China
Article 183If a person suffers damage while protecting the civil rights and interests of others, the tortfeasor shall bear civil liability, and the beneficiary may provide appropriate compensation. If there is no tortfeasor, the tortfeasor has fled, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall provide appropriate compensation.
Article 184[6] If harm is caused to the recipient due to voluntary emergency rescue actions, the rescuer shall not bear civil liability.
[1] Court Opinion
The court held that the plaintiff, Wang Jia, first argued with the defendant Zhang Jia, then slapped the defendant Wang Yi, and attempted to hit Wang Yi with a bench. When the defendants Zhang Yi and Zhang Jia tried to stop him, Wang Jia resisted and caused his own injury. Therefore, the plaintiff Wang Jia bears significant fault for the occurrence of this incident and should assume 80% of the responsibility for his own losses.
The defendant Zhang Jia, due to his lack of calmness in handling the conflict, argued with the plaintiff Wang Jia and should bear certain responsibility. The defendant Wang Yi not only failed to mediate but intentionally provoked the plaintiff Wang Jia, leading to the escalation of the conflict. Therefore, Wang Yi [1] There is also fault in the occurrence of the damage, and corresponding liability should be borne. The court determined that defendants Wang Yi and Zhang Jia shall bear 20% liability for the plaintiff's losses. Additionally, defendant Zhang Yi, who prevented the plaintiff Wang Jia from fighting with defendant Wang Yi, had no fault and is not liable for the plaintiff Wang Jia's losses.
[2] After trial, it was determined that the plaintiff Wang Jia's losses include medical expenses, accommodation fees, transportation costs, appraisal fees, and other expenses totaling 97,878.7 yuan. The judgment ordered defendants Wang Yi and Zhang Jia to proportionally compensate the plaintiff Wang Jia for losses totaling 19,575.74 yuan, and dismissed the plaintiff Wang Jia's other claims.
[1] The author's perspective
[3] In this case, the reason Zhang Yi does not need to bear compensation liability is that Zhang Yi, out of goodwill, hugged Wang Jia's waist to break up the quarrel. Zhang Yi's purpose was to protect the personal safety of both parties in the dispute, and the act of hugging the waist itself did not constitute fault. Therefore, the author believes this constitutes a courageous act in civil law.
[4] A courageous act in civil law refers to an emergency rescue action taken by an actor, without contractual or legal obligation, to stop infringement or prevent losses in order to protect national interests, public interests, or the lawful rights and interests of others from harm.
[5] As is well known, courageous acts are a traditional virtue of the Chinese nation and a goodwill gesture that highlights socialist core values. As can also be seen from Article 184 of the Civil Code, courageous acts are not only non-illegal but also legitimate, deserving protection and encouragement.
