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No. 1 of the Four Model Cases Involving Infringement Disputes Issued by the Supreme People's Court：Case of Compensation for Personal Injury by Chen
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最高人民法院发布四起侵权纠纷典型案例之一：陈某某人身损害赔偿案
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No. 1 of the Four Model Cases Involving Infringement Disputes Issued by the Supreme People’s Court：Case of Compensation for Personal Injury by Chen
最高人民法院发布四起侵权纠纷典型案例之一：陈某某人身损害赔偿案
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[Key Terms]
written evidence ; burden of proof ; determination of infringement facts
[核心术语]
书面证据;举证责任;认定侵权事实
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[Disputed Issues]
Where the infringed provides written evidence that the infringer has admitted his infringement, and the infringer fails to provide evidence for rebuttal, could the court determine the infringement facts on the ground?
[争议焦点]
被侵权人提供侵权人承认其侵权行为的书面证据，侵权人不能提供证据进行反驳的，法院能否以此认定侵权事实？
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[Case Summary]
According to paragraph 1 Article 72 of Some Provisions of the Supreme People's Court on Evidence in Civil Procedures “If the evidence provided by one party is accepted by the other party or cannot be rebutted by the opposite evidence produced by the other party the probative force of such evidence may be confirmed by the people's court.” Where the written evidence provided by the infringed that the infringer has admitted his infringement has enough probative force as to the infringement facts...
[案例要旨]
《最高人民法院关于民事诉讼证据的若干规定》第72条第一款规定“一方当事人提出的证据另一方当事人认可或者提出的相反证据不足以反驳的人民法院可以确认其证明力。” 被侵权人提供的侵权人承认其侵权行为的书面证据...
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| No. 1 of the Four Model Cases Involving Infringement Disputes Issued by the Supreme People's Court：Case of Compensation for Personal Injury by Chen | | 最高人民法院发布四起侵权纠纷典型案例之一：陈某某人身损害赔偿案 |
| I. Basic Facts | | 一、基本案情 |
Du (88 years old) and Chen (a primary school student) were villagers of the same village. On January 4, 2009, Chen knocked Du down to the ground on the street near their residences. Du was sent to hospital for treatment and was diagnosed by the doctor as (1) atrial fibrillation and (2) comminuted intertrochanteirc fracture of the right femur, which took the medical expenses of 2,121.85 yuan. Half a year later, Du was diagnosed as fracture of the right lower extremity with concurrent infection in a health clinic. On August 17 of the same year, Du passed away. Relatives of Du required that Chen and his legal representative should pay 94,145 yuan for various losses including the compensation for death. Chen contended that: On the way to school, Chen found that Du was lying in a ditch and he voluntarily intended to lift her up. Chen did not knock down Du at all and his act was entirely “helping others.” After a hearing, the court found that: On January 8, 2009, Chen Guohua, grandfather of defendant Chen, issued a note to plaintiffs for safekeeping. It was specified in the note that “Upon consultation with XX, we decided to settle this incident privately without calling the police and I would bear the consequences thereof. January 8, 2009 Chen Guohua.” On January 10, 2009, plaintiffs Chen Sunquan, Chen Sunsheng, and Chen Donghui (sons of Du) issued a receipt to Chen Guohua for safekeeping. It was specified in the receipt that “We hereby received 1,500 yuan in cash from Chen Guohua, the secondary guardian [for the fracture of Du caused by his grandson's knockdown]. (The former receipt has been burnt by (Chen) Guohua and this receipt would prevail.) Payees: Chen Sunquan, Chen Donghui, Chen Sunsheng, January 10, 2009.”
．．．．．． | | 杜**（88岁）与陈**（小学学生）系同村村民，2009年1月4日在双方住房附近的街道上，陈**将杜**撞倒在地。杜**被送住院治疗，经医生诊断为：1、心房纤颤；2、右股骨粗隆间粉碎性骨折。花费医疗费人民币2121.85元。半年后，卫生所再次诊断为右下肢骨折，合伴感染。同年8月17日，杜**去世。杜**亲属要求陈**及其法定代理人赔偿包括死亡赔偿金在内的各项损失94145元。陈**一方辩称，陈**是要去上学时发现杜**躺在水沟里，主动上前要把她扶起来，根本没有撞倒杜**，其行为完全是助人为乐。法院审理查明，2009年1月8日，被告陈**的祖父陈国华出具一张便条交原告收执,该便条载明：“经征求**意见，不报警私了，一切由我自负。2009年1月8日 陈国华。”2009年1月10日，原告陈孙权、陈孙胜、陈东辉（即杜**之子）出具一张收据交陈国华收执，该收据载明：“今收到第二监护人陈国华现金壹仟伍佰元正，[因其孙撞倒杜**造成骨折。（前收据已由国华烧掉，以本据为准）]。 收款人：陈孙权 陈东辉 陈孙胜 二00九年一月十日 ”。
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