After the 60,000 yuan motorcycle was deliberately pushed down by the elderly, the post-95 s guy who insisted on accountability experienced emotion, insomnia and cyber violence.

Zhang Wenyi, a poster reporter of the public network, reported the first song.

In June this year, Chen Ming, who worked in Shanghai, was damaged after his motorcycle was deliberately pushed down by an old man. He came to the door to make a statement, not only did he not get compensation, but he didn't even receive an apology. In order to protect his rights and interests, Chen Ming chose to call the police and sue. However, what he didn't expect was that nearly half a year passed and things were not solved, so he was forced to move. Due to excessive pressure, he often suffers from insomnia, nightmares and even cyber violence.

After the motorcycle worth 60,000 yuan was deliberately pushed down by the elderly, it was difficult to get compensation for the loss of nearly 10,000 yuan.

Chen Ming is from Hubei. He is 24 years old and works in finance in Shanghai. June 25th, 2022 should be a happy day for Chen Ming in Japan. On this day, he moved to a new home, which is still a satisfactory place for him.

At four o'clock in the afternoon, Chen Ming followed the moving team to a residential area in Cao Lu Town, Pudong New Area. After parking his motorcycle downstairs, he went upstairs to pack his things.

At about seven o'clock in the evening, Chen Ming found his motorcycle lying on the ground. This made Chen Ming feel distressed. He is a motorcycle enthusiast. The model of this motorcycle is KTM-rc390, and the landing price is about 60,000 yuan, which is 100 kilograms. If there is no external force, it is impossible for the motorcycle to fall to the ground by itself, which makes Chen Ming very confused.

Monitoring screen when the event occurs.

The monitoring was unsuccessful that day. The next day, Chen Ming took the property to monitor the community. Only then did he discover that his motorcycle was deliberately pushed down by an old man living in the same building.

According to the surveillance video provided by Chen Ming, on June 25th 17: 56, an old man with a trembling walk and a red bag in his left hand knocked down a motorcycle parked next to the unit building and left.

Later, Chen Ming reported the situation to the neighborhood Committee and the police respectively, but the answer was that it was difficult for the other party to compensate directly. "After the alarm, the police took me to communicate with the elderly. The old lady's attitude has always been tough, and it can't be solved anyway. "

The staff of the neighborhood Committee revealed that the old man is in his sixties this year, living alone and may have mental disorders. In view of the situation of the elderly, the police told Chen Ming that the probability of obtaining compensation is not great. Residents of the community also told Chen Ming that it is not the first time that similar incidents have happened, and they have always been lost.

Chen Ming's motorcycle was initially damaged by 4S shop for about 7,000 yuan. "There are many scratches on the car, and the rearview mirror and windshield are damaged to varying degrees." Chen Ming, who was furious, posted the above surveillance video on the internet, which immediately attracted the attention of countless netizens and even went on a hot search.

Although the heat is very high, things have not been solved. "The police said that she has a son, but her son has never contacted me since he got his hair done, and I don't have his contact information." The property and the police advised him to remain silent, but Chen Ming was unwilling to accept it. "If the other party is sincere at first and apologizes to me, maybe I will accept the negotiation."

Psychiatric appraisal results of the elderly

Later, Chen Ming chose to file a lawsuit, but it was rejected many times. On August 3, the police conducted a mental appraisal of the elderly. The identification results show that he suffers from organic mental disorder and has limited capacity for behavior, but he has the ability to limit criminal responsibility and stand trial. On August 9, the police filed an investigation and characterized it as seeking trouble. On August 10, Chen Ming's lawsuit was passed.

During the period, the judicial appraisal department re-appraised the motorcycle, with a fixed loss of more than 4,000 yuan. Chen Ming objected to this. He and the staff of the price department and the judicial appraisal center went to the 4S shop again, and finally confirmed that all the maintenance costs were 16000 yuan, and the judicial evaluation price was 9000 yuan. "It took two months from July 1 to the final appraisal result at the end of September."

After the police file a case, the court withdraws the lawsuit and returns the legal fees, and the procuratorate will initiate criminal proceedings. 10 10/2 1 day, the case was handed over by the public security organ to the procuratorate, which inquired about the old man and filed a public prosecution with the court. 165438+1October 24th, Chen Ming was informed that "the case will be heard on February 2nd, 65438."

Insist on safeguarding rights for nearly half a year, but experienced moving, insomnia and cyber violence.

However, Chen Ming was never happy. In the past six months, he has been running around for this matter, exhausted.

Less than two weeks after the incident, Chen Ming moved out of the community and now lives in a far away place. "She and I live in the same building. I often see her standing on the stairs after work, afraid of her revenge and trying to avoid conflict. "

"Mental stress is great, I often have nightmares, insomnia, and I am not in the state at work, which leads to some mistakes in my work, which actually has an impact on my work." Chen Ming said that after the incident attracted attention on the Internet, some different voices began to appear and some harsh remarks began to appear. "Some people don't even understand things, so they criticize me, attack me and even insult me."

"I really feel bad after reading these comments. I think about it all the time at night, and then I start to sleep. It's really stressful. " In fact, Chen Ming's family and friends advised him to give up before. "I am also afraid that I am alone in a different place, afraid that others will retaliate against me and worry about my safety."

However, Chen Ming has always insisted that he does not regret what he has been doing. "I think it makes sense for me to do so. This is a typical case. I also hope that after the judgment of this case, I can provide reference for everyone and provide some help to those who safeguard their own rights and interests. "

Maintenance quotation provided by Chen Ming

The civil lawsuit filed by Chen Ming only has car damage fees, and there are no other expenses such as transportation fees and lost time. "I haven't calculated those expenses, and compensation is not my first appeal. If it was just for compensation, I wouldn't take it so seriously. Time cost of leave, and transportation expenses, etc. The energy and time cost of doing so far exceeds what I claim. "

Chen Ming said that, in fact, he didn't particularly care about the remuneration. "I am more concerned about what kind of judgment the law will make for the elderly after they break the law. The main reason is that people who break the law can be responsible for their actions. Being old is not a reason to break the law. "

In this trial, Chen Ming's biggest appeal is that the other party can be punished by law and the victim is fair. "It has been more than five months since it happened. She and her son never contacted me and never apologized. Her son is also unwilling to show up, and I have been unable to contact him. "

Chen Ming hopes that after the final judgment of this matter comes out, more people can be reminded that if their property is damaged, they can bravely take up legal weapons to safeguard their legitimate rights and interests.

Although the road to safeguarding rights is arduous, if he is given a new choice, Chen Ming said that he would still make the same choice. "After this incident, I have been sharing my experience and letting more victims see it. I hope that when their interests are violated, they can bravely take up legal weapons to safeguard their rights and interests. "

The reporter noticed that since the incident, Chen Ming has released 86 videos on his short video platform to record his own way of safeguarding rights. At this point, he hopes that things will end soon and he can return to his normal life.

Zhao, a Shanghai law firm, told reporters that according to Article 275 of the Criminal Law and Article 33 of the Provisions of the Ministry of Public Security of the Supreme People's Procuratorate on the Standards for Filing and Prosecuting Criminal Cases under the Jurisdiction of Public Security Organs, the loss of public or private property of more than 5,000 yuan constitutes the crime of vandalism. If it is appraised by an authoritative appraisal agency, the amount of motorcycle damage caused by the behavior of the elderly reaches more than 5,000 yuan, which constitutes a deliberate crime.

Alarm receipt provided by Chen Ming

Zhao said that if the elderly suffer from mental illness, they belong to people without civil capacity as stipulated in the civil law. If a person without capacity for civil conduct or a person with limited capacity for civil conduct causes damage to others, the guardian shall bear the responsibility, and if the guardian performs the guardianship duties, the responsibility may be reduced. If a person with no capacity for civil conduct or a person with limited capacity for civil conduct has property that causes damage to others, it shall be paid from his own property, and the guardian shall compensate for the shortfall. "If the elderly suffer from mental illness, they need to take their own property for compensation. If my property is insufficient, her guardian will pay for it. This part of the guardian mainly includes children, spouses or other guardians with guardianship qualifications designated by the neighborhood Committee. "

media comments

The motorcycle was pushed down by the old man, and the owner insisted on criminal responsibility. Is the owner really wrong?

In June this year, Mr. Chen, who lives in Shanghai, was deliberately knocked down and damaged by an old man. The video has attracted widespread attention on the Internet. After identification, the loss of motorcycles was as high as 16000 yuan. The old man was identified as a person with limited capacity and his guardian was his son. Mr. Chen learned that the old man deliberately damaged other people's property many times, and all went away. This time his son avoided seeing it after the incident, and he decided to solve the problem by legal means.

Monitor screenshots at the time of the incident Source: Niuzi News

It is the elderly who are in trouble. Even if the behavior is intentional, it is also a person with limited capacity. According to Article 188 of the Civil Law, if a person without or with limited capacity for civil conduct causes damage to others, the guardian shall bear tort liability. In addition, according to an appraisal opinion notice provided by the owner, the elderly "should be assessed as having the ability to stand trial at present", which is also an important basis for the owner to pursue criminal responsibility.

The mental state of the elderly at the time of the incident, whether they should bear criminal responsibility and what kind of criminal responsibility they should bear, remains to be tried and judged by the court, but this incident is undoubtedly thought-provoking.

On the one hand, the old man has committed crimes more than once, but his family has been indifferent, which means "you can't do anything about me." On the other hand, the owner, Mr. Chen, spent far more than the cost of motorcycle damage in order to protect his rights, and moved out of the involved community in order to escape the extra pressure.

What is extra pressure? It is many neighbors and properties that advise him to forget it and don't care. This is very strange. If your property is damaged, then your rights protection may not be wrong. These people may not be exaggerating, but they see the dilemma that Mr. Chen is facing, and they are afraid that the loss will outweigh the gain, which may be good intentions.

Netizens think something is wrong here. Shouldn't you apologize first for damaging other people's property, whether it's the elderly or the guardian? Then actively communicate compensation to obtain the understanding of the other party, and the guardian will strengthen the supervision of the elderly in the future. According to the relevant provisions of the law, obtaining the understanding of the injured party can reduce or avoid criminal punishment. It makes no sense for the guardian to let the old man repeatedly damage other people's property without compensation or explanation! It has become an almost one-sided understanding of netizens to investigate criminal responsibility according to law and let the perpetrators pay the price.

"People with limited capacity" and "the perpetrators are old people" are not excuses to avoid responsibility. According to laws and regulations, this responsibility may be criminal or civil. If the guardian can take the initiative to compensate the elderly after committing a crime, I am afraid that the incident will not reach the step of investigating the criminal responsibility of the owner. In other words, the owner was forced.

Now Mr. Chen wants justice. The word "justice" is very good, and it is no longer a private matter. But on behalf of the party whose property has been damaged, ask the old man for an explanation, and also ensure the property safety of other neighbors in the future.

According to netizens, most people encounter similar situations and have no time and energy to toss and turn, so they can only admit that they are unlucky. They also hope that this incident will sound an alarm to the society and cannot be tolerated just because the perpetrators are old people. Mr. Chen said that no matter what the verdict is, I hope the elderly will get the punishment they deserve. This sentence has reached everyone's heart.

According to reports, the police filed a case in August. At present, the procuratorate has filed a lawsuit, and the case will be opened on February 2, 65438. We might as well wait and see what the result is.