Shanghai Second Intermediate People's Court
paper of civil judgment
(2020) Hu 02 Min Zhong No. 3945
Appellant (Plaintiff in the original trial): Che XX, male, born on August 31, 1957, Han nationality, living in Baoshan District, Shanghai.
Entrusted agent ad litem: Ai XX, XX lawyer in Shanghai.
Appellee (the defendant in the first trial): Han XX, male, born on September 18, 1963, Han nationality, living in Baoshan District, Shanghai.
Entrusted agent ad litem: Gong Yan, Shanghai XX lawyer.
The appellant, Che XX, filed an appeal to this court against the civil judgment (2020) Hu 0113 Min Chu 67 of Shanghai Baoshan District People's Court for the case of dispute over the right to health with the appellee, Han XX. After the Court filed the case on May 5, 2020, according to the relevant provisions of the Decision of the Standing Committee of the National People's Congress on Authorizing the Supreme People's Court to Carry out the Pilot Work of the Reform of the Diversion of Simple and Complicated Civil Procedure in Some Areas, the case was heard by a judge alone according to law, and the trial of this case has now ended.
The appellant, Che XX, appealed that Han XX be ordered to assume full responsibility and compensate the medical expenses, transportation expenses and attorney fees of Che XX, totaling 4083.4 yuan. Facts and reasons: Car XX is not at fault in this case, so it does not have to bear 50% of the responsibility. The theoretical purpose of Che XX's search for Han XX is to find Deng XX, an outsider of his lover's case. Han XX has an illegitimate relationship with Deng XX. In addition to writing the warranty, Han XX should also help the car XX to find Deng XX, instead of having a physical conflict with the car XX, which caused the car XX to sew 15 stitches. To sum up, Han XX shall bear all the liability for compensation. Request the court of second instance to revoke the judgment of first instance according to law and change the judgment.
The appellee Han XX argued that: Che XX imagined that there was an improper relationship between Han XX and Deng XX, and used this as an excuse to launch physical attacks and insults against Han XX. Han XX was completely out of self-defense and had no intention of intentional injury. In addition, car XX has harassed Korean XX for a long time, and Korean XX's family has suffered a heavy blow for this. To sum up, the court of first instance found out the facts clearly and requested the court of second instance to maintain them according to law.
Che XX filed a lawsuit to the court of first instance and requested Han XX to compensate medical expenses of 1045.40 yuan, transportation expenses of 38 yuan and attorney fees of 3000 yuan.
Since the case dispute is clear and the first instance judgment has been delivered to all parties, the court will not repeat the part of the first instance judgment in which the court finds out the facts and reasons for the judgment.
The court of first instance ruled as follows: Han XX compensated for the medical expenses, transportation expenses and attorney's fees of vehicle XX, totaling 2041.70 yuan, which should be paid off within ten days from the effective date of the judgment. If the obligation to pay money is not fulfilled within the period specified in the judgment, the interest on the debt during the period of delayed performance shall be doubled in accordance with Article 253 of the Civil Procedure Law of the People's Republic of China.
In the second instance, Che XX played a telephone recording between him and Han XX in court, in order to prove that Han XX and Deng XX had an illegitimate relationship, which led to a conflict between the two sides. After cross examination, Han XX did not approve of the authenticity and relevance of the recording, and believed that the recording did not directly prove that he and Deng XX had a so-called unfair relationship between men and women, and the recording itself did not reflect anything.
The court found that the facts were true after the trial and the court of first instance confirmed them.
The Court believes that the legitimate rights and interests of citizens are protected by law. In this case, car XX and Han XX had physical conflicts for some reason. According to the statements and evidence provided by both parties, both parties had certain faults in the above process. The court of first instance determined that car XX and Han XX should bear 50% of the responsibility respectively based on the incident history and the fault degree of both parties. There was no objection to this, and the court confirmed it. To sum up, the appeal reason of Che XX cannot be established, and the Court does not support his claim. The court of first instance found out the facts clearly and applied the law correctly. Accordingly, in accordance with the provisions of Item 1, Paragraph 1, Article 170 of the Civil Procedure Law of the People's Republic of China, the judgment is as follows:
Reject the appeal and uphold the original judgment.
The second instance case acceptance fee of 50 yuan shall be borne by the appellant, Car XX.
This judgment is final.
Judge assistant Liang X
Judge Zhang Xiaolin
May 27, 2020
Clerk Wu XX
Appendix: Relevant legal provisions
Appendix: Relevant legal provisions
Civil Procedure Law of the People's Republic of China
Article 170 After hearing an appealed case, the people's court of second instance shall handle it separately according to the following circumstances:
（1） If the original judgment or written order clearly identifies the facts and correctly applies the law, the appeal shall be rejected in the form of a judgment or written order, and the original judgment or written order shall be upheld;
