Lawyer Yin Guangyu, graduated from Southwest University of Political Science and Law, is good at handling road traffic accident disputes, civil and commercial contract disputes, and company equity disputes. He has a solid foundation in law theory and rich practice experience. Since his practice, he has handled a large number of difficult cases and safeguarded the legitimate rights and interests of the parties. Guest host of the column "Fa is by Your Side" on the News Channel of Zibo People's Broadcasting Station.
One evening in July 2008, it was raining lightly. Sun crossed the road with an umbrella. When Sun reached the middle of the road, Li drove a motor tricycle from north to south and knocked Sun over. Ground. Seeing that Li had hit someone, he drove away in a panic. A moment later, Han drove an Audi A6 and knocked out Sun, who had been knocked to the ground. Han immediately stopped and dialed 122 to call the police and 120 emergency number, but Sun died after being sent to the hospital. On the second day, the tricycle driver Li took the initiative to surrender. After an autopsy by the public security department, Sun was killed by the impact, but the death was the first few impacts that could not be identified. A few days later, the traffic police issued two accident certifications, respectively acknowledging that Li and Han were fully responsible for the accident.
In this road traffic accident, Sun was hit by two motor vehicles successively, which led to the consequences of death. So who should Li or Han bear civil responsibility for Sun’s death, and how should they bear it? In road traffic accidents The person who caused the death of one person and was fully responsible has constituted a traffic accident crime. In this accident, what kind of criminal responsibility should Li and Han bear?
On the issue of civil liability, Li and Han should be jointly and severally liable for Sun’s death. In civil liability, joint liability is a special form of liability, which is based on the express provisions of the law or the agreement of the parties. For example, joint tort liability and joint guarantee liability are typical forms of joint liability. Specifically in this incident, the actions of Li and Han are a form of joint tort, that is, a tort in which several actors have no common fault but their actions are directly combined to cause the same damage result. In the legal sense, if several infringements are directly combined to cause the same damage consequence, they shall bear joint and several liability. The indirect combination of several infringements is based on share liability, such as the infringement of a person who caused a high-voltage electric shock on an ultra-high illegal building. In judicial practice, the main differences between direct and indirect combination are: 1. Whether each actor has active injuring behavior 2. Its damage result is inseparable; 3. Each actor’s behavior and damage result have direct Causal relationship. In this case, both Li and Han had injurious acts, and the two acts were inseparable from the result of Sun's death, and there is a direct causal relationship between the two acts and Sun's death. Therefore, the direct combination of Li and Han’s infringements in this case resulted in Sun’s death, which is a joint tort and should bear joint and several civil liability for compensation.
There are more stringent requirements for the assumption of criminal and civil liabilities, and there must be solid and sufficient evidence to prove that the actions of criminals have caused the consequences of damage. In this case, if Li’s first collision led to Sun’s death, then Han’s collision was only Sun’s body, and Han should not be held criminally liable; on the contrary, if it was Han’s second The collision resulted in Sun's death, so Li just injured Sun, and it does not mean that he should be held criminally responsible. Under the premise that it is impossible to find out whose negligent behavior caused Sun's death, Li and Han will not be held criminally responsible because of insufficient evidence.
