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I feel very responsible, and some residents will feel that they did not do it themselves and will not be responsible, but the residents of this building are very united, know that it was an accident, and give money whether they do it or not.
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Personally, I think the verdict is reasonable. Because this is not only a kind of economic compensation for the deceased, but also a warning to the residents of the community to supervise each other about the hazards of high-altitude throwing objects.
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I think the whole building is great, and although it is not the responsibility of every resident to fall from the sky, we all have love to help others.
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On November 11, 2016, on the middle street of Suining Youfang, a fitness iron ball fell from the sky, and Ms. Li pushed the baby less than one year old to pass by, and the fitness ball just hit the baby. The little baby who was hit didn't even feel pain, his face was covered with blood but there was no crying, and he passed out directly. At eight o'clock in the evening of the same day, he passed away after rescue efforts failed.
This baby, who is less than a year old, has not seen the world well, and her parents, grandparents, grandparents, and grandparents have not loved her well, so they left like this. This is really a flying pot for the baby's family, who would have thought that going out for a walk could drop a fitness ball in the sky? After four years, the verdict was finally announced, and the whole building was compensated 3,000 yuan per family except for the other residents who were not at home all the year round, which I think is very reasonable.
One, innocent residents are wronged.
Second, the property is also responsible.
Third, who is the real culprit.
Finally, I want to say that a small act of your inadvertent behavior can really be a disaster for someone else. Civilized society is a civilized person.
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Unreasonable, when the high-altitude falling object cannot be found out who threw it, then ** has the obligation to conduct further investigation and collect evidence to determine which family ** is, not killed with a pole, if there is a household that can provide an alibi, that is, the person who threw the high-altitude object was not at home at the time, then it is not very wrong.
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Plausible. If no one comes forward to admit or identify the suspect, then it is reasonable for all of them to be held accountable.
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Irrationality. It is understandable that one person makes a mistake and the whole family sits together, but if the whole building has no relatives and no reason, which one will sit together.
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I think it's reasonable that the victim's family questioned the occupants to no avail, and then took the entire building to court.
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It's not very reasonable, after the feudal society, there was a murderer who didn't know who it was, whether the victim was a small group of people had to be shot.
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After the incident, Ms. Li's family searched for suspects, insiders and witnesses at the scene of the incident many times, but there were no clues. Ms. Li finally chose to call the police** All surveillance footage in the vicinity of the incident was retrieved, and the entire building was surveyed to verify the alibi of other residents who were not at home.
Unable to find the suspect for a long time, Ms. Li took all the residents of the entire building to courtDemanded compensation of 800,000 yuan for the loss caused by the death of her daughter hit by the iron ball, and finally the court ordered all residents of the entire building to compensate Ms. Li with 3,000 yuan per household. "Where an object thrown from a building or a falling object causes injury to another person, and it is difficult to determine the specific infringer, the building user who may have caused the harm shall compensate the building user who may have caused the damage, unless it can be proved that he is not the infringer.
And every household in the entire building is compensating Ms. Li, not compensation. Compensation should be compensation for criminal suspects, and the meaning of compensation is different, the meaning of compensation is that every household in the residential building is not at faultSympathy for the weak is the basic position of civil law, it is a remedy rule for the weak, and there is no way out. Each family took out 3,000 yuan to compensate Ms. Li, and it was not wronged.
And finally:Throwing objects from high altitudes has become a potential danger, and if you are not careful, you will be hit by the rice cooker and iron ball upstairs, and in serious cases, your life will be in danger. We should consciously improve our own civilized quality and put an end to the behavior of throwing objects from high altitudes.
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This is determined according to the civil law, because the initiator cannot be found, and in order to reduce the losses of the victim, the only way to share the responsibility of the residents who do not have an alibi can be shared through a civil lawsuit, which is in accordance with the regulations.
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I don't think the owner of the building is wronged. Because this case is in line with the principle of reversal of the burden of proof in Chinese law, that is, each head of household in the building should provide evidence that there is no causal relationship between himself and the case. However, in this case, it was difficult for each head of household to prove that the ownership of the iron ball did not belong to him, and the state of the iron ball falling from the sky was not caused by himself, so it belonged to the unfavorable evidence of each head of household, so he should bear the consequences of losing the lawsuit and obey the court's judgment, so they were not wronged.
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Of course, the mistake made by one family has to be borne by the whole building, and it is both unjust. However, because the perpetrators cannot be investigated, according to the law, they can only accept the fact that they are being claimed.
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It is indeed wronged, but the child is even more wronged. The decision to compensate the entire building was made in order to comfort the family, and more importantly, to warn the person who really threw objects from a high altitude that because of his negligence, the tragedy of the family was caused, and the innocent people in the entire building were punished.
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High-altitude projectiles have become a hot topic recently, and the state has also made corresponding reform measures. For the incident of the death of the baby girl with an iron ball falling from the sky, the compensation of 3,000 yuan per household is indeed a grievance for the households who are not wrong. But a building is a subject, and someone must be responsible for the death of a baby girl.
The compensation of money is only a material comfort, but who will pay for the moral loss of the victim's family? Since this incident, the community should strengthen management and punish high-altitude throwing objects accordingly. Such deaths and injuries should not and cannot happen again.
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People's children were killed by iron balls thrown by a certain family, do you say that the child's parents are wronged? You just don't have 3,000 yuan, others are a human life, and life is priceless. If you feel wronged, find out the family who threw the ball and let them take all the responsibility.
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Of course, "whole-building compensation" is far from the end of fairness and justice. In the process of compiling the Civil Code, three "patches" were applied to the simple "sitting" compensation rules of the Tort Liability Law: first, it clarified that the building manager has the obligation to ensure safety; Second, it is clarified that the public security and other organs have the obligation to investigate and identify the responsible persons in a timely manner; Third, the user of the building who has assumed the responsibility for compensation has the right of recourse after the person responsible has been identified.
These "patches" are intended to minimize the application of the "whole building compensation" rule, thereby correcting the negative consequences of the so-called "joint sitting".
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I feel wronged, because this matter always has an origin, and I should find the person who threw the iron ball to compensate.
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For other owners, of course, it is very wronged, because they have not done anything wrong but need to compensate 3,000 yuan for no reason, this kind of joint and several liability is not very reasonable.
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Not wronged. According to the provisions of the Civil Code, if an object is thrown from a building and falls and causes injury to others, the infringer shall bear criminal liability, but if it is difficult to determine the specific infringer through investigation, unless it can be proved that he is not the infringer, all the building users who may have caused harm must be compensated.
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I think they are quite wronged, but the baby girl who was hit is even more wronged, and in the case of not finding the perpetrator, this is the fairest solution.
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Wronged, but can't find **, you can only "take the blame" for the whole building together, the property also has an unshirkable responsibility, and the installation of cameras is too important.
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This incident happened in 2016, almost four years ago, when the victim's mother was pushing the baby for a walk, and suddenly a fitness iron ball fell from the stairs, just hitting the baby girl, and then the baby girl was smashed to the ground by the iron ball and died. And after the baby girl was smashed, her mother also called the police, ** has been looking for who threw the iron ball, but has never been found**.
Later, the victim's parents sued the entire building of the community in court, in 2020The case was finally compensated by the court, that is, there was no one in the whole building except for the family, and each family needed to pay 3,000 yuan in compensation. I think it's really hard for us to comment on this matter, because the little girl's parents are talking about the little girl, and their hearts are also very sad, and the whole house is very helpless.
Because they have nothing to do with this matter, but because of one person's mistake, the whole building will be punished. Many netizens also expressed that they couldn't accept itBecause these residents are innocent, why should they compensate the 3,000 yuan, 3,000 yuan is not particularly small for some families.
Some netizens said that if this little girl was maliciously killed, would the entire building be shot? In fact, this matter is also very sadOne is that the parents of the little girl after losing the little girlTheir hearts are very sad, the second is that these residents did not make any mistakes, but because one person made a mistake, it affected the whole building.
I don't think this compensation is very reasonable, because the ** was not found, and this is not the reason for the entire building occupantsAnd they don't know that they will be fined 3,000 yuan, and 3,000 yuan is not a particularly small amount, so I think it is. It's better to find an active one to find someone who kills.
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Reasonable, because the ** of the high-altitude lost object cannot be found, the compensation for the rights and interests of the victim of the whole building is reasonable and deserved. If someone has conclusive evidence that they are not able to apply for non-compensation.
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I think it's quite reasonable, because there has been no way to find the person who really threw the object, and the judgment given by the court according to the relevant laws and regulations has a certain basis, so you must prohibit high-altitude throwing, and don't hurt people for a lifetime because of your small actions.
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Plausible. There is a provision in the law that if the perpetrator cannot be found, the users of the entire building or more must collectively compensate. Falling objects from a height are a dangerous thing.
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Reasonable, because it is difficult to check which floor the user threw if the floor is high, so we must consciously abide by it and do not throw things at a high place.
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I don't think it's reasonable to ask other owners for compensation just because they can't find a suspect, and the other owners haven't done anything illegal.
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In the case of not finding the perpetrator, this is also the most helpless choice, but also the most reasonable choice, the court has ruled that each household will be compensated 3,000 yuan, and some owners have appealed.
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In fact, this is also a last resort, because the perpetrator of the crime cannot be found, and the residents of the entire building have become criminal suspects, so they will each hit 80 boards, because they must always give the baby girl's life and give an explanation to the girl's family.
High-altitude throwing has always been a topic of concern and strong condemnation in the society, and the law has also made relevant provisions, but the phenomenon of high-altitude throwing is still common, this time the sky fell iron ball to make a baby girl lose her life, how heart-wrenching, but the most infuriating thing is that he couldn't find this murderer**, let him escape, and also affected the residents of the whole building.
Why does this often happen? First of all, I think that although the law also provides for the relevant provisions and penalties,However, specific protective measures have not been implemented in every place and in every communityAllowing these people to be exempt from the corresponding legal responsibilities also shows that the monitoring placement is not comprehensive.
Moreover, it is the disregard for the lives of others and the disrespect for the property of others that causes such behaviour to occur repeatedly, whether intentionally or unintentionally. If a person has a reverence for life, then he will not commit such a desecration of the lives of others.
High-altitude throwers, they may have a fluke mentality, feel that it is unlikely to hit people or other objects, and even some people observe their surroundings and find that there is no monitoring on their own unscrupulous throwing objects, which is the most terrible, so every local community, each community must do the monitoring without dead ends, can no longer let such criminals go unpunished, otherwise such similar things will never disappear in the future.
Because of the lack of monitoring, the crime can not be found**, because it is necessary to give an explanation to the baby girl and her family, because the perpetrator is unwilling to confess because of his luck or fear, and he also has to give an explanation to the public, and he can only award compensation to the residents of the entire building, which is also no way, and the person who throws the iron ball in the air will live in the condemnation of conscience for the rest of his life, which is the most painful.
I sincerely hope that something like this does not happen againBecause it is your conscience and your own responsibility that you leave behindEvery community should do a good job of publicity, and if the monitoring can be spread to all corners of each community, then there will be no high-altitude throwers at large, and it is necessary to sound the alarm for everyone.
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This incident shows that we should also introduce relevant policies to prohibit falling objects.
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