In Ganzhou, Jiangxi, parents asked netizens for help: The son was swinging in the community amusement park, and a strange man stepped forward to shake the swing vigorously, throwing his son out of the swing and falling heavily to the ground. I would like to ask for your help in finding the man wearing the hat. Netizen: The man seems to have done it on purpose!
Case **: Boom News).
In Ganzhou, Jiangxi, at noon on a sunny day, the swings of the community amusement park were rippling with children's laughter.
Xiaojie, a lively and cute boy, is playing on the swing.
Suddenly, a tall figure walked over, it was a man in sportswear with a peaked cap on his head, he looked around, didn't seem to find any other free swings, and walked straight to the swing where Xiaojie was.
The man walked to the swing, did not ask or wait, and shook Xiaojie's swing vigorously.
The swing flew in the air, and Xiao Jie's laughter gradually turned into a frightened scream, Xiao Jie shouted, "Don't! No! I'm scared ......The sound attracted the attention of the crowd on the side, and a woman next to her picked up her mobile phone and began to shoot.
After the man grabbed the upper part of the rope with one hand and shook violently, the rope spun around and twisted into a twisted shape, but the man still had no intention of stopping, and the swing flew higher and higher.
Suddenly, Xiaojie "flew" out of the autumn and fell heavily to the ground.
The woman who took the ** saw Xiaojie throw out, and also exclaimed: "Ouch! Fell down. Xiaojie cried out in pain, one hand was so painful that he didn't dare to move. The man squatted down and looked at Xiao Jie, and then, he actually ran away.
Xiaojie was taken to the hospital, and after the doctor's diagnosis, Xiaojie's arm bone was completely broken, and the severe pain made him unable to calm down and kept crying.
Xiaojie's parents are heartbroken, and they can't accept that their son has suffered such an injury. They decided to find the perpetrator and make him pay for his actions.
Xiaojie's parents sent a missing person notice in the circle of friends:
Dear friends and neighbors: Please help me identify the man wearing the hat in **, whether anyone knows him. It happened at one o'clock at noon today, in the amusement park in front of Building 7 of Hailiang Sky City, the man pushed my son (the boy who was swinging in **) off the swing, causing the arm bone to be completely broken, and then escaped. Thank you, and if you know me, please chat with me privately. ”
Xiaojie's parents described the physical characteristics of the perpetrator and the clothes he was wearing, hoping that someone would provide clues.
At the same time, she also asked for help from social **, hoping that the majority of netizens could help her find the perpetrator.
1. Is the man's behavior of shaking the swing vigorously and causing injury to the child intentionally?
Article 234 of the Criminal Law stipulates that whoever intentionally injures the body of another person shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release. Whoever commits the crime in the preceding paragraph, causing serious injury, is to be sentenced to fixed-term imprisonment of not less than three years but not more than ten years; Whoever causes death or seriously injures a person by especially cruel means, causing serious disability, is to be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment, or death.
Going back to this incident, if the man did it knowingly while shaking the swing knowing that the child might be injured, but did so intentionally, intentionally causing minor injuries or more, then the man's actions are likely to be guilty of intentional injury.
In **, there is a direct causal relationship between the man's vigorous swing shaking and the broken bone of the child's arm.
If the investigation confirms that the man knew that vigorously shaking the swing could cause injury to the child, but still did it intentionally, then he met the constitutive elements of the crime of intentional injury.
2. If the man's behavior causes the child's arm to be broken, what are the legal provisions to protect the child's rights and interests?
Article 1165 of the Civil Code stipulates that if the actor infringes on the civil rights and interests of others and causes damage due to his fault, he shall bear tort liability.
The man caused the child's arm injury and needs to pay for medical expenses and other expenses.
In addition, according to Article 34 of the Civil Code, the duty of the guardian is to carry out civil legal acts and protect the personal rights, property rights and other legitimate rights and interests of the ward.
Since Xiaojie is a minor, if his guardian (i.e. the parent) proves that the man is indeed at fault, then the man should compensate the child for all the losses suffered by the child.
3. The child was thrown out by the man vigorously on the swing, and the parents were not at the scene at the time, is it a lack of supervision?
Civil Code: Article 26 stipulates that parents have the obligation to raise, educate and protect their minor children.
In this case, the child is a person with no capacity for civil conduct, and the parents should fulfill sufficient guardianship obligations.
However, at the time of the incident, the child's parents did not know where they were and did not take care of the swing in time, which increased the risk of the child accidentally falling to the ground.
And after the child fell and was injured, he was told that the child was taken to the hospital. Therefore, the parents of the child should also bear part of the responsibility if there is a situation of poor guardianship.
This incident is also a wake-up call for parents to always pay attention to the safety of their children in public places. Preferably, don't let your child go out alone. If the child goes out to play, it is best for the parents to accompany the child to grow up healthily in a safe and harmonious environment.
So, what do you think about this?