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No. 10 of Model Cases about Campus Violence Juvenile Courts Work Office of the Research Office of the Supreme People's Court: Case about Disputes over Right of Health between Plaintiff Surnamed Peng and Defendants Surnamed Yu A, Luo, Xiao, Yu B, Xie, and a Senior High School in Ningxiang County
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最高人民法院研究室少年法庭工作办公室发布10起校园暴力典型案例之十：原告彭某某与被告喻某、罗某某、肖某某、喻某某、谢某某及宁乡县某高中健康权纠纷案
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No. 10 of Model Cases about Campus Violence Juvenile Courts Work Office of the Research Office of the Supreme People's Court: Case about Disputes over Right of Health between Plaintiff Surnamed Peng and Defendants Surnamed Yu A, Luo, Xiao, Yu B, Xie, and a Senior High School in Ningxiang County
最高人民法院研究室少年法庭工作办公室发布10起校园暴力典型案例之十：原告彭某某与被告喻某、罗某某、肖某某、喻某某、谢某某及宁乡县某高中健康权纠纷案
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| No. 10 of Model Cases about Campus Violence Juvenile Courts Work Office of the Research Office of the Supreme People's Court: Case about Disputes over Right of Health between Plaintiff Surnamed Peng and Defendants Surnamed Yu A, Luo, Xiao, Yu B, Xie, and a Senior High School in Ningxiang County | | 最高人民法院研究室少年法庭工作办公室发布10起校园暴力典型案例之十：原告彭某某与被告喻某、罗某某、肖某某、喻某某、谢某某及宁乡县某高中健康权纠纷案 |
| (1) Basic Facts | | （一）基本案情 |
| Defendants surnamed Yu A (16 years old, student), Luo (15 years old, student), Xiao (16 years old, student), Yu B (16 years old, student), and Xie (16 years old, student) were grade-two students of defendant, a senior high school in Ningxiang County, and plaintiff surnamed Peng (15 years old, student) was a grade-one student of the same senior high school in Ningxiang County. During the third class on the morning of October 8, 2014, Peng and Yu A had a quarrel due to scrambling for the basketball court which was found and stopped by the president of the senior high school. After the fourth class was over on the morning of that day, Yu A, Luo, Xiao, Yu B, Xie, and other persons went to argue with Peng and beat up Peng. In the noon, Peng's class adviser, aunt, and uncle brought him to a people's hospital of Ningxiang County for examination and treatment. Through the school, parents of Yu A, Luo, Xiao, Yu B, and Xie each paid CNY100 for Peng's medical expenses. Due to this event, the senior high school of Ningxiang County gave disciplines against the five defendants. On October 13, 2014, plaintiff surnamed Peng was hospitalized in a hospital in Changsha City for “abrupt behavior disorder and poor sleep quality for four days.” On October 21, 2014, plaintiff was discharged from the hospital with medicines and the hospital expenses amounted to CNY4,910.95. On November 5, 2014, plaintiff was treated in a hospital of Ningxiang County and on December 31, 2014, he was discharged from the hospital with medicines and the hospital expenses amounted to CNY6,680.90. On January 2, 2015 when plaintiff was treated in the outpatient department of a hospital in Changsha City, the doctor advised continuous taking of medicines for two years. On July 17, 2015, it was identified in the letter of judicial appraisal issued by the judicial appraisal center that the person subject to judicial appraisal surnamed Peng suffered from acute stress disorder and the event where he was beat up was the direct reason for the disease and at the present, his conditions have been improved. | | 被告喻某（16周岁，在校学生）、罗某某（15周岁，在校学生）、肖某某（16周岁，在校学生）、喻某某（16周岁，在校学生）、谢某某（16周岁，在校学生）是被告宁乡县某高二年级学生，原告彭某某（15周岁，在校学生）是被告宁乡县某高中高一年级学生。2014年10月8日上午第三节课期间，原告彭某某与被告喻某因为争抢篮球场地发生争吵，后被宁乡县该高中校长发现并制止。上午第四节课下课后，被告喻某、罗某某、肖某某、喻某某、谢某某等人去找原告彭某某理论并殴打了原告彭某某。中午彭某某的班主任与原告的姑父母带彭某某到宁乡县某人民医院进行检查与治疗，被告喻某、罗某某、肖某某、喻某某和谢某某的父母通过学校各赔偿原告彭某某医疗费100元。被告宁乡县某高中因此次事件分别对五位被告进行了处分。2014年10月13日，原告彭某某因“急起行为紊乱、眠差4天”在长沙某医院住院治疗，2014年10月21日原告带药出院，用去住院医疗费4910.95元。2014年11月5日，原告在宁乡某医院治疗，2014年12月31日带药出院，用去住院医疗费6680.90元。2015年1月2日在长沙某医院门诊治疗时，医嘱坚持服药2年。2015年7月17日，原告彭某某经司法鉴定中心司法鉴定书鉴定：被鉴定人彭某某为急性应激障碍，被打事件是导致该病的直接原因，目前病情好转。 |
| (2) Judgment | | （二）裁判结果 |
Upon trial, the People's Court of Ningxiang County, Hunan Province held that: The right of life and health of a citizen is protected by law. Where a student injury accident occurs due to the fault of a school, students, or other parties, the relevant parties should assume the corresponding liability according the proportion of the degree of fault of their acts and the causation between their acts and the consequences of damage. In this case, plaintiff surnamed Peng and defendants surnamed Yu A, Luo, Xiao, Yu B, and Xie were 14 or above and they were persons with limited capacity for civil conduct and had certain cognitive ability for their conduct and the consequences. Where they caused any damage to others, their guardians should assume the civil liability. The school failed to submit evidence to prove that it had no fault in the case. In accordance with the relevant provisions of the Measures for the Handling of Student Injury Accidents, the school should assume partial fault liabilities for poor management and protection. Defendants surnamed Yu A, Luo, Xiao, Yu B and Xie beat up plaintiff surnamed Peng, which caused Peng's suffering from acute stress disorder (remission stage), and they committed joint tort. Therefore, their guardians should assume the liability of compensation for plaintiff's economic losses. It has been calculated that plaintiff's economic losses amounted to a total of CNY119,595.90.
．．．．．． | | 湖南省宁乡县人民法院经审理认为：公民的生命健康权受法律保护。因学校、学生或者其他当事人的过错造成学生伤害事故的，相关当事人应当根据其行为过错程度的比例及其与损害后果之间的因果关系承担相应的责任。本案中，原告彭某某与被告喻某、罗某某、肖某某、喻某某及谢某某在事发时均已满十四周岁，属限制民事行为能力人，对自己的行为及产生的后果有一定的认知能力，造成他人损害的，由监护人承担民事责任。学校未提供证据证明其在本案中无过错，根据《学生伤害事故处理办法》的相关规定，该学校应当承担部分管理、保护不力的过错责任。被告喻某、罗某某、肖某某、喻某某及谢某某殴打原告彭某某并致使原告患上急性应激障碍（缓解期），被告喻某、罗某某、肖某某、喻某某及谢某某构成共同侵权，故均应由其监护人对原告因此造成的经济损失应承担赔偿责任。经计算，原告经济损失共计119595.90元。
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