The thief climbed the building to steal, and was scared to fall to death after being discovered by the owner. Will the owner bear legal responsibility?

Haha, do you feel that thieves have a lot of luck when you see similar topics? Either stealing an electric car was electrocuted, or burglary was bitten to death by a dog, and today I saw myself fall to my death. Today, let's talk about this topic, as entertainment!

1. Case: The thief was found stealing in the early morning and fell to his death while fleeing

This happened in a residential area in Jiangbei, Ningbo. Chen Mou, a young man from Anhui Province, went to Ningbo and didn't work well. He climbed the 9th floor of a high-rise house in the middle of the night. After the burglary, he turned out of the window and tried to escape. Unexpectedly, he alerted the owner Li. When Li opened the window, he just saw a figure on the canopy between the 6-7 floors and shouted "thief". This cry does not matter, so that Xiao Chen, who had a guilty conscience, suddenly lost his mind and fell to the ground and died on the spot. At noon the next day, after Xiao Chen's parents rushed to Ningbo, they sued the owner Li to the Jiangbei court. The reason is that when his son enters Li's house, Li has the obligation to ensure his safety, but he fails to fulfill this obligation. He should bear the civil liability for compensation, compensation for funeral expenses, death compensation and spiritual damages, totaling 67, yuan.

He came to my house to steal things, and his death was not necessarily related to me. I just called out "thief" by instinct when I found out, which also cost me money, which was unreasonable. Li, the owner of the house, said helplessly that Jiangbei police had also confirmed the death of Xiao Chen, and there was no causal relationship between his death and others, and others did not have to take responsibility for Xiao Chen's death.

In the end, the Jiangbei court held that Xiao Chen had reached the age of 18, and as a person with full capacity for civil conduct, he should have foreseen the danger of climbing a tall building in the early hours of the morning, so he dismissed Xiao Chen's parents' claims according to law. Second, according to the case:

The reason why Xiao Chen's parents demanded compensation from Li was that Li did not fulfill his safety obligations and violated Xiao Chen's right to life and health, and asked Li to bear the liability for compensation. This case is an infringement lawsuit! According to China's tort liability laws and regulations, the necessary conditions for general tort liability include: the existence of injurious behavior, the existence of injurious facts, the causal relationship between injurious behavior and injurious facts, and the subjective fault of the actor.

judging from the case, it seems that there is a causal relationship between the shouting of the owner Li and the thief's death. If you don't shout when you see a thief, the thief may not fall to his death when he goes downstairs with peace of mind. We mainly analyze whether the owner Li is at fault, and we will understand whether Li is liable for compensation.

article 165 of the civil code? If the actor infringes upon the civil rights and interests of others through fault, he shall bear the tort liability.

what should a homeowner do when he finds a thief? From a legal point of view, it is illegal for a thief to commit theft, and it is a normal reaction for residents to shout or scold after seeing a thief, which is to protect themselves. There is nothing wrong with this. Although the owner's cry alarmed the thief and led to his death, it was not the result pursued by the owner, but also the unpredictable consequence of the owner, which was purely accidental. From the point of view of self-defense, the purpose of the owner's shouting or reprimanding after discovering the thief is only to stop the illegal crime and protect himself. It does not exceed the necessary limit, and the owner will not bear the legal responsibility of excessive defense. Iii. Matters needing attention when catching thieves

Although thieves are hateful, their related rights will still be protected by law. In the process of stopping thieves from committing crimes and arresting thieves, if we can't grasp the "degree", the legitimate behavior of the owner or the courageous person may turn into an illegal act and be punished by law.

1. Duty of care when chasing thieves.

although the law gives the public the right to catch thieves, there are still some duty of care in the process of catching them. If the captor has realized or should have realized that the thief is in danger of life, he still carries out the arrest behavior, that is, the right to arrest the thief is based on the right to life of others, and in order to realize his own legal interests, it will harm the greater legal interests of others, which is not beneficial to the overall interests of society. Moreover, the right to life is supreme among all rights. If you fall in the process of escape, the thief's injury is within a reasonable range, and the pursuer is not required to bear legal responsibility. This duty of care does not require perfection.

2. The public should not use public power to punish thieves privately.

when the legitimate rights and interests are infringed, the law gives the public the right of private relief, but this right of relief does not include the right to punish thieves. It is legitimate to catch the thief and ask him to hand over the money for compensation, but it is not allowed to be beaten, punished or humiliated, because punishing the thief is the power of the state judicial organs, and other units and individuals do not have this power. For example, in the case of catching a thief in Kunming, it is forbidden by law to repeatedly beat the thief, coerce him to pay compensation, and take photos to humiliate him, because no unit or individual can find someone guilty before the court decides. Even if the thief is guilty, the penalty is to go to prison to restrict personal freedom and pay a fine, and there is no penalty clause for beating and humiliation.

3. If you catch a thief, you should call the police at the first time.

although the law does not force you to call the police when you catch a thief, and you will bear any legal responsibility if you don't call the police, from some cases that have happened at present, calling the police is the best choice. Catching the thief without calling the police is nothing more than trying to get back the loss or beating, humiliating and venting personal anger. If you want to recover the loss, you can! A few beatings didn't cause too much harm, and the police didn't pursue it. The key is whether you can grasp the necessary limits in operating these? Some threaten to call the police, double the "fine" for thieves, seek greater benefits than losses, and are suspected of extortion. Some people, with the cheers of the surrounding people, have become uncontrollable in punishing thieves and killed them. In recent years, there have been many incidents of killing thieves. Originally a victim, due to improper handling, it eventually evolved into a person who harmed others, and it was also subject to legal sanctions, which was not worth the candle. Therefore, professional things are still left to professionals to do, call the police! Conclusion:

This article is a personal opinion. Friends who have different opinions can discuss it in the comment area!