Ingratitude is intolerable by law, Jiang Ge's mother wins the first trial!
[4] Compiled from: Red Star News
On January 10, the Chengyang District People's Court of Qingdao City, Shandong Province, issued a first-instance verdict in the right to life dispute between plaintiff Jiang Qiulian and defendant Liu Nuanxi: The defendant Liu Nuanxi shall compensate the plaintiff Jiang Qiulian for various economic losses of 496,000 yuan and mental damage compensation of 200,000 yuan within ten days from the effective date of the judgment, and bear all case acceptance fees.
Case review
In the early hours of November 3, 2016, outside her residence in Tokyo, Japan, Jiang Ge was killed by Chen Shifeng, the ex-boyfriend of her roommate Liu Nuanxi, at the age of 24. Although the Tokyo District Court in Japan pronounced on December 20, 2017, that Chen Shifeng was guilty of intentional homicide and intimidation and sentenced him to 20 years in prison, the turmoil did not subside.
In Jiang Qiulian's view, Liu Nuanxi was also the murderer of her beloved daughter. Although she did not directly participate in Chen Shifeng's intentional homicide, she bore an undeniable major fault for Jiang Ge's death, including preventing Jiang Ge from calling the police, entering the apartment first and locking the shared door, leading to Jiang Ge being killed outside. Therefore, after the criminal case in Japan concluded, a domestic lawsuit was initiated.
On March 29, 2020, the Chengyang District Court in Qingdao issued an announcement stating that it had accepted the case of plaintiff Jiang Qiulian suing Liu Nuanxi over a right to life dispute and made the above judgment after trial.
Civil Code of the People's Republic of China
Article 1181 If the infringed person dies, his close relatives have the right to request the infringer to bear tort liability. If the infringed person is an organization and the organization is divided or merged, the organization that succeeds to the rights has the right to request the infringer to bear tort liability.
If the infringed person dies, the person who pays reasonable expenses such as medical expenses and funeral expenses for the infringed person has the right to request the infringer to compensate for the expenses, unless the infringer has already paid such expenses.
Article 1183 If a natural person’s personal rights and interests are infringed upon, causing serious mental harm, the infringed person has the right to claim compensation for mental damage.
If a natural person’s specific objects of personal significance are intentionally or grossly negligently infringed upon, causing serious mental harm, the infringed person has the right to claim compensation for mental damage.
[1] The author's perspective
The reason Jiang Ge’s mother ultimately won the case is based on the fundamental principles of good faith and the consistency of rights and obligations in civil law. In social interactions, a person who introduces a risk of harm or maintains a dangerous situation bears the duty of safety protection to take necessary and reasonable measures to prevent others from being harmed. In a rescue relationship, the rescuer has reasonable trust in the rescued person, and the rescued person owes a higher duty of honest disclosure and善意提醒 (good-faith reminder) to the rescuer. In this case, Liu Nuanxi, as the rescued person and the introducer of the risk of harm, failed to fully fulfill her duty of care and safety protection toward the rescuer Jiang Ge, showing clear fault and should bear legal liability.
Furthermore, from the perspective of socialist core values and public order and good customs, Jiang Ge, as a female student studying abroad, extended a helping hand to a compatriot in distress, offering sincere care and assistance, and consequently lost her life due to unlawful infringement. This act of selfless help embodies the traditional virtues of the Chinese nation. However, the author reminds that while being willing to help others and assist those in need, one should also pay attention to personal safety.
