The death of the man's sister-in-law was found to be legitimate defense The lawsuit for the deceased's family to return 300,000 yuan in compensation was rejected

Beijing, 30 Dec (CNBC) -- According to the Voice of China's "News Evening Peak" of the Central Radio and Television Corporation, this reporter learned from the Intermediate People's Court of Baoding City, Hebei Province, on the 30th that a final judgment had been made in accordance with the law on the contract dispute between Tian and his wife and Zhao Moujun's relatives: "The appeal is rejected and the original judgment is upheld."

The reason why this contract dispute case has attracted attention is because it is related to a criminal case with twists and turns. On April 19, 2017, Tian Moujun's sister and brother-in-law Zhao Moujun quarreled, Zhao Moujun stabbed his wife in the abdomen, and Tian Moujun on the side hit Zhao Moujun's head several times with a shovel handle, and after being treated in a number of hospitals, Zhao Moujun died after 12 days of rescue.

The Xushui District Procuratorate of Baoding City filed a public prosecution with the court for Tian's intentional homicide, and the case went through the procedures of first instance, second instance and retrial. The procuratorate withdrew the indictment and made a decision not to prosecute, determining that Tian's actions were legitimate defense and did not bear criminal responsibility. The Baoding Intermediate People's Court gave him state compensation in accordance with law.

What about contract disputes? Originally, during the case review and prosecution stage, in order to obtain the forgiveness of the family of the deceased Zhao Moujun, Tian's family signed a "Letter of Agreement" with the family of the deceased and paid 300,000 yuan in compensation to the family of the deceased according to the agreement. Now Tian mou is found not to bear criminal responsibility, so the prosecution requests that Zhao Moujun's family be ordered to return the compensation. Neither court supported his claim.

Why didn't the court support Tian's claim? Chen Daozhong, presiding judge of the collegial panel of the second-instance trial in this case, was interviewed by the Voice of China.

In what context was the Letter of Agreement involved in this case signed? Chen Daozhong introduced that at that time, in order to protect his sister who was stabbed in the abdomen, Tian Continued to hit his brother-in-law Zhao Moujun in the head, right arm and leg with a shovel handle, causing his rescue to be ineffective and dead. After the public security organs took criminal compulsory measures for intentional homicide, Tian's wife took the initiative to find a village cadre to request mediation in order for Tian to get a chance to get a lighter and mitigated punishment.

Chen Daozhong said: "The village cadres repeatedly did work for the parents of the deceased Zhao Moujun, and finally the two elders agreed to mediate and sign the "Letter of Agreement" involved in the case, which was signed at the Baoding Municipal People's Procuratorate, when Tian's wife Wang Moujie and Tian's sister, the deceased's father and two sisters, as well as the litigation agent and village cadres all participated, witnessed and recognized. The signing of the "Letter of Agreement" is Wang Moujie's true intention, and Tian Moujie's consent after learning that Wang Moujie has reached an agreement with the other party and performed it is a retrospective recognition of Wang Moujie's behavior. ”

Chen Daozhong analyzed that at that time, Tian Mou's criminal case was still in the stage of review and prosecution by the procuratorial organs, and whether Tian Mou constituted a crime was still in a state of uncertainty, and every participant who signed the "Letter of Agreement" recognized it. The Letter of Understanding played a key role in the subsequent determination of criminal cases.

Chen Daozhong said: "Judging from the role of this "Letter of Agreement", in the first and second instance trial procedures of Tian's criminal case, Tian advocated a mitigated sentence on the grounds that he had obtained the victim's forgiveness. Judging from the results of the two judgments, the court fully considered the circumstances of the victim's parents having issued a "Letter of Understanding" when convicting and sentencing Tian. After the retrial was remanded for retrial, the procuratorate made a decision not to prosecute, finding that Tian's actions were legitimate defense, but the effect of the previous civil agreement could not be denied with this result. ”

The court held that the death compensation, funeral expenses, living expenses of dependents, and consolation payments for mental damage, included in the agreed payments, all belonged to the items and scope of compensation in the case of causing death, and the amount was appropriate.

The reason why he wanted to claim the 300,000 yuan was because Tian was finally identified as legitimate defense and did not bear criminal responsibility. The court stressed that the 300,000 yuan compensation was not based on whether Tian mou constituted a crime, but to obtain forgiveness.

Chen Daozhong said: "If, according to the law, 'if the damage caused by legitimate defense is not borne by the law' according to the law, Tian is not required to pay compensation to the parents of the deceased." However, when signing the "Letter of Agreement", whether Tian Mou constituted a crime was still in a state of uncertainty. The two parties reached an agreement based on the 'death of Zhao Moujun' in order to obtain the forgiveness of the deceased's parents, not on the premise that Tian constituted a crime. Moreover, under the circumstance that the parents of the deceased fulfilled their obligation to issue a Letter of Understanding, Mr. and Mrs. Tian should pay the money agreed in the Other Party's Letter of Agreement. ”

Is the verdict in the case contrary to the spirit of protecting legitimate defenders? Chen Daozhong analyzed that this is not the same legal relationship. "We believe that this is not only not contrary to the spirit of protecting legitimate defenders, but also can further demonstrate to society the law's protection of the principle of good faith." Honesty and trustworthiness as a moral norm is the foundation of social interaction and an important component of the core values of socialism, and at the same time, the Civil Code also clearly stipulates the principle of good faith as a basic principle, and integrates moral rules with legal rules, so that it has the dual functions of legal regulation and moral regulation. In this case, the signing and performance of the "Letter of Agreement" is an expression of the true intentions of both parties, and we hope that through trial practice, we will guide the people to establish the spirit of the contract, form the habit of valuing contracts and keeping promises, and establish the concept of consistent rights, obligations and responsibilities. ”