Second-instance verdict in the Jiang Ge case: humanity beyond legal principles.
Compiled from: CCTV News
Case review
On December 30, 2022, the Intermediate People's Court of Qingdao, Shandong Province, issued a second-instance judgment in the life right dispute case between Jiang Qiulian and Liu Xin: the appeal was dismissed and the original judgment was upheld.
The court, after trial, made findings on the main facts in dispute between the parties in the second instance.
In the judgment, a passage is truly thought-provoking:
The court held that law brings order to the world, while virtue touches the heart. The right to life is the highest personal interest of a natural person and the core value jointly upheld by law and morality. Anyone who infringes upon another's right to life through fault shall bear tort liability in accordance with the law. The first-instance court's determination that Liu Xin should bear tort liability was a legal assessment based on legal provisions, which also aligns with the tradition of fraternal assistance and should be upheld according to law. First, the first-instance judgment found that a civil legal relationship of rescue existed between Liu Xin and Jiang Ge, with Jiang Ge as the rescuer and Liu Xin as the rescued person and the introducer of the danger of infringement. Liu Xin failed to fulfill her duty of care, rescue, and safety assurance toward Jiang Ge, which was a determination of the legal facts of the case based on evidence examined during trial. Second, in a civil legal relationship of rescue, the rescued person owes the rescuer necessary duties of care, rescue, and safety assurance. This not only aligns with the inherent meaning of the basic principles of good faith and public order and good customs in China's civil law but also conforms to the guiding direction of socialist core values, and is an inherent requirement of the excellent virtues of the Chinese nation, such as helping others and repaying kindness. The first-instance judgment, based on the facts found, determined that Liu Xin was at fault for Jiang Ge's death and should bear tort liability for damages, and the application of law was correct. Furthermore, the first-instance judgment, considering the overall facts and specific circumstances of the case, commended and analyzed Jiang Ge's act of aiding others in distress and condemned Liu Xin's act of betrayal and ingratitude. This follows, explains, and promotes the basic principles of China's civil law, socialist core values, and China's excellent traditional virtues, and is an important manifestation of the educational and guiding function of judicial adjudication, which should be affirmed. Finally, it must be emphasized that Jiang Ge's death in this case was already extremely unfortunate and lamentable, and the disputes arising from it have added further trouble and pain to all parties. It is hoped that both parties can understand each other, respect each other, strengthen communication, eliminate grievances, let the deceased rest in peace, and allow the living to return to normal life.
[1] The author's perspective
The reason the Jiang Ge case caused such a stir in society and academia is not only due to the numerous details of the case but also because it sparked public reflection on human nature. From the result of the second-instance judgment, Liu Xin must pay the price for the mistakes she once made. The court also emphasized the legal relationship between the rescued person and the rescuer, and analyzed Jiang Ge's act of aiding others in distress and Liu Xin's act of betrayal from the perspectives of public order and good customs and socialist core values. This sufficiently shows that the judgment in this case is not only a demonstration of legal reasoning but also an analysis of human nature, setting a benchmark for similar cases in the future.
In the end, the court also stated, "Let the deceased rest in peace, and let the living return to a normal life." Liu Xin has already been punished as she deserved under the law and has paid the corresponding price. Even if one keeps clinging to Liu Xin, it cannot bring Jiang Ge's life back. What truly torments Liu Xin is not the casual remarks of the public, but Jiang Ge, who was innocently sacrificed that night because of her fault, appearing in her dreams at midnight. This is the deepest moral condemnation.
