1 、basic case
The two plaintiffs, Quan Moujun and Zeng Mouying, were the parents of the deceased Quan Mouwei. The defendant Zhou Mouliang and Quan Moufang are the parents of the defendant Zhou Mou Kang. Zhou Mou-Kang and the deceased were all former classmates of Wilson, both of whom had reached the age of 17. On September 29, 2022, Quan Wei encountered emotional setbacks about Zhou Mou-Kang drinking and chatting. At about 11:00 in the evening, Quan-mou Wei and Zhou Mou-Kang met at the gate of the community and bought a case of beer at a Xinle supermarket. They went to a pavilion by the river to drink and chat for more than an hour the next morning. After the two men drank three bottles of beer each, Quan Mouwei proposed to go into the river to soak in water. At that time, Quan Wei could not swim, and Zhou Kang could swim. Zhou Moukang suggested that he first go into the water to explore the depth of the water, and after he found that he could not find out to the end, Quan Mouwei was also in the water at this time. As both of them were unable to step on the bottom of the water with their feet, choking occurred at the same time. Zhou Mou-Kang stood on Quan Mouwei's leg and floated to the shore to survive. After Zhou Kang came ashore, he called the police for help at 03:10 in the morning and saw that Quan Mouwei had drowned and disappeared. The body was salvaged at about 6 am the next day, confirming that Quan Wei drowned. The two original sues demanded that the defendant Zhou Moukang and his parents Zhou Mouliang, Quan Moufang and a Xinle supermarket jointly compensate for their losses totaling more than 920000 yuan.
2 、Referee result
The people's Court of Guangxin District, Shangrao City, Jiangxi Province, held that after drinking alcohol, the deceased, who knew full well that he could not swim, went into the river and soaked in water, and should foresee and realize the danger of soaking in the river, but allowed himself to enter a dangerous situation, so he should bear the main fault responsibility for the result of his drowning. After drinking three bottles of beer each, Zhou Mou-Kang knew full well that Quan Wei could not swim and did not refuse the proposal that Quan Wei drowned. If a Xinle supermarket fails to comply with the prohibitive provisions of the law and sells beer to minors, it has a certain fault for the death caused by soaking in the river after drinking, and should bear the corresponding liability for compensation. Taking into account the degree of fault of all parties and the strength of the causes for the consequences of the damage, it is decided that the defendant Zhou Mouliang and Quan Moufang shall bear 20% of the plaintiff's loss, the defendant Xinle supermarket shall bear 2% of the plaintiff's loss, and the remaining liability shall be borne by the two plaintiffs. After the sentence was pronounced, the defendant Zhou Moukang and his parents disagreed and filed an appeal. After the trial, the Shangrao Intermediate people's Court rejected the appeal and upheld the original verdict.
3. Typical significance
Minors are the future of the motherland and the hope of the nation. Further strengthening the judicial protection of minors is a higher requirement for the work of the people's courts in the new era, and mutual assistance among students is also the inherent requirement of socialist core values. In this case, the people's court accurately applies the first paragraph of Article 1165 of the Civil Code, "if the actor causes damage to the civil rights and interests of others due to fault, he shall bear tort liability." the provisions on the fault liability for infringing upon the right to life, for the deceased to allow himself to enter a dangerous situation resulting in drowning is determined to bear the main fault liability. Negative evaluation and division of fault liability for the behavior of the deceased's friends who failed to give positive advice and guidance leading to entering a dangerous situation and the behavior of merchants selling beer to minors in violation of the law. The trial court stopped the dispute by interpreting the legal division by case, and further advocated the social subjects to establish a harmonious and friendly relationship of mutual assistance, so as to form the social custom of all sectors of society to fulfill their prudent obligations and care for minors together.
