[reprint] I on the 7.9 cases analysis and view

I analysis and opinion on the events of 7.9 cases
  
One, about the lawsuit significance.
  
For the 7.9 event to resort to the law, public opinion in an uproar, what kind of opinions and attitudes are. But some oppose the view in the extreme, irrational has reached unacceptable proportions, everybody be obvious to people, self-evident.
  
The author supports the lawsuit, because I think the lawsuit has positive significance of "win win win": the defendant, regardless of winning or losing, the plaintiff provides facts for their opportunity, self defense. If you win, they might be able to escape; if lost, then the law told they should shoulder the responsibility, to crush their previously defended the no fault reason, they will be more mature, the setback will become a part of their growth, become the valuable wealth of their life.
  
The plaintiff, daughter of life disappear, lawsuit win or lose, are for the daughter to get back a statement. Win, the law is on her side, her spirit is a great comfort; lost, she also clear their claims are not supported, why is not supported, die of this heart, also plans a peace of mind, the daughter is a replacement. But can give her comfort, not only is the judgment results, and in the right way to the people she selfless help.
  
To the public, at least can play a role of alert. I want to have a donkey tour pal, security awareness must be enhanced, donkey will be more circumspect and responsible, those who aim to profit for the donkey in pest populations donkey, also will be a lot of convergence. Beyond the litigation, the Nanning, to Guangxi and even the national outdoor activities will produce, and can promote the relevant legislation is unknown.
  
Analysis of two cases, about the civil liability
  
Observation of the case, the author tries to analyse from the following points:
  
(1) there is no profit for the business objective in the group? If the accused had this behavior and unfortunately by the plaintiff in the case evidence, can be used as circumstantial evidence; if the group to AA nominal fees after accounting is a surplus, it can be used as evidence. So this is a disguised form of business behavior, the operator should bear full responsibility, others are consumers, the victims, not bear joint and several liability. I believe that many of the donkey is purely for outdoor love, no economic benefit to a donkey, but I also believe that the space and time the donkey is not a piece of pure land, a lot of harm of donkey parasitic on the donkey version, on a donkey in the life has been an open secret. Aren't there people publicly declared a fool out of their own pockets repeatedly to the same place, you should return, is not willing to pay can be different? But the law is not because you are a may play a may get let off, the nature of the donkey mode has changed fundamentally, a case, hey hey, the consequences would not have me!
  
(2) even if no business behavior, then the AA travel form team relationship, a relationship of rights and obligations among the members, may be the formation of tort liability, everyone should bear joint and several liability. Hezhou is the case, you know!
  
(3) there is no rescue ineffective. If the floods raid, teammates to rescue their own equipment and ignore the victims assistance, legal responsibility is to take as the less. I don't know the situation at that time, learn some information only from the internet. The first is the FF oral post, said FF and SS are connected with the tent down, FF started to hand out of the tent. But I heard, hand tent with a rough branches across the top, just stand up and hold it, but several teammates from busy rescue female friend does not take out the camera, without regard to hand, missed the escape time. Anyway, online message, unable to agree on which is right, who do not know the true and false, but, since there is such a point, that the plaintiff will get to the bottom of the matter, if it's true, hey hey, the judge may not bother you at that time Is it right? Panic muddled, consequence is self-evident!
  
(4) there is no lie perjury? I heard, began to have cost 60 yuan hands hands have all dropped, the accident process has multiple versions. Indeed, pay do not pay property is different, but a lie is a price to pay, those who play with fire will burn. It is a civil lawsuit, if suspected of concealing the fact that, as the card, hey, there is the lawsuit may escalate.
  
Another point to note is, in the past Chinese, similar case can not affect the later case trial, therefore, occupation spy MM the case, can not become some people Xiao to reason.
  
Three, on the rights of action understanding. Many netizens in the process of hand after treatment, because the hand's mother was very generous, very tolerant, not too much blame on the convener and peer, everyone felt sorry for her and support her. Now she filed a lawsuit, a lot of people's attitudes and therefore also changed, some netizens even clear already from sympathy into offensive. Inside this, reflects an interesting social psychological phenomena, as if a weak to be isolated and helpless when it is worthy of sympathy, when she picked up the legal weapons to protect themselves, she seemed to become hateful appearance he's really not letting this go man, not worthy of people's sympathy, and anti sense her, from her.
  
I want to say is, good does not mean no dignity, tolerance does not mean unprincipled accommodation. Her kindness should not become the reason some people not kind, her tolerance should not be she repeatedly snubbed, damage reason. From the author's analysis, adults should come from the mother. Just imagine, one may not know the network as it is, don't know what jackass, middle-aged and older women and no donkey donkey the realm of mind, suddenly informed of their daughter in the network to enroll in the camp, and made money, but 13 people go together, as her daughter didn't come back, her only hope and hopes dashed in pain after, she don't want to ask a what? Don't you want to seek an explanation.
  
Plus, I heard, hand mother asked them why you didn't come, her daughter did not come back, ask them to person to write a simple fact after. But they are reminded to not a handle, do not write. And said, and police said, you need to know to find the police, no authority to require us to write after. If this is true, maybe I should appreciate their strong sense of self preservation, but, in doing so, will not let the mother cannot accept! Plus the total NIMBY my speech, always escape, ignore the behavior to hurt her, I want to change who will stand by them. I can't let you speak, it can only ask the judge to help.
  
I heard, when mom left hand Nanning, only from the numerous electrical hand in hand in a room away from her computer, the adults in the agent before, she had the idea of litigation, so the need to preserve some of the evidence. I think, hand mother learned from news to deal with funeral leave, Nanning, Nanning home burial daughter, finally went to court, there is a section of road, why would she be psychological changes like this, everybody have a look online comments, can know a probable reason! We have what reason to dislike a lost her sad mother repeatedly hurt after pick up the legal weapons activist!
  
I am willing to believe that here were critical netizens are direct, indirect interest in the case, because it is the confrontation between the two sides, so what kind of special words can understand and accept, but, if it is the spectator also have this attitude and words, I can only say Speechless.
  
Four, I on the rights of agent behavior understanding.
  
I don't know the hand, also don't know rights agent. The 7.9 event shocked me, the net friend introduced first to the spatio-temporal donkey version. I came in the ass version had three posts, all related to the 7.9 event, I speak at all the donkey version, are only around 7, 9 events. My posts are locked in a, ID I have banished once. I used a vest, but I show the identity, ID coordinated through the back didn't change. I just told my opinions and reasons, but some people pointed at the nose jump scold, the sarcasm, curse words, resort to every conceivable means I am very angry, also very depressed. Sometimes I think, why should I, as these irrelevant things and people angry La tortura. But I persuaded myself persisted, one is to observe and analyze the anatomy of the typical case, the two is to do everything in one's power to help agents and hand mother.
  
Notice came out, I take the initiative to give your message, we also have many phone calls, once.
  
She is very young, but also very impulsive, personal independence of conduct, detest the world and its ways to let a person dare not. Because the young, should not a lot of people on the Internet, sophisticated. So, due to her lack of experience, makes her appearance became the subject and its supporters many parties and parties in the circle of attack. For example, two posts her, because she did not specify why post, to advertise to let more people know, care, support or watch? In order to summon the parties to contact her, insider provide clues to her? This lets a person cannot understand her intention and behavior, and then let the opponents attack for speculation, coupled with her online gentie debate, due to the lack of careful thought and consideration, there will be contradictions and confusion of logic, make a number of loopholes to attack, and even malicious will discuss astray, until two posts locked away. But she quickly adjust strategy, not with the netizen water, countersunk dry facts, this not, now who can find her on the Internet? Anyway, she is love clear, active, full of sense of justice and love the young blood.
  
She is rich, is not only physically, but also mentally. In her present age, career made this success and accumulated so much wealth, it should be said that young people do not see more. She is a donkey, and is a strong donkey. The outdoor activities and travel books in her den, barrier can be life size. Her a stack of albums, not only to record her hiking experience, but also a rare photography art. At her own expense to include mountain climbing and other activities, I think a lot of people did not have no ability to play the. So I think she live very happy, very happy.
  
Why does she want to come out and help hand mother adults? Said she hype man should be thought, hand to hand my mom is a independent thinking ability to judge the adults, if she doesn't think you should stand up to adults, who can lend her to hype! Not that they need help but very helpless, there is such a hot heart out a helping hand, you fit in easily with, together. Said she borrow rights pendulum, show off people should also think, but she? Their hard-earned money won't enjoy ah, to bring others to sue? You know, hand to hand back and forth Nanning and mother at all costs Nanning of her aid, litigation expenses is also, she went to Hubei to find hand mother nor her for money. Those who revile reproach her, you said it yourself so there is justice, love, your actions in where? What did you do? You can't do things people do, why don't you encouraging but everywhere sarcastic?
  
Into her inner world, I understand the words of her trip is: justice, conscience.
  
Justice, she as a donkey, the donkey's view is: outdoor activities have risk, have safety awareness; brave but not reckless, anticipate all possible dangers and difficulties, and preparation, have the confidence to overcome it, avoid it. Take the bull by the horns is not being dangerous to jump. The donkey version of some human speech, as if love is not afraid of death like outdoor, such ideas and practices, hand in hand will not be the last. The reason why she is doing this, perhaps want to correct misunderstanding of some people. Also, she thinks the tour pal is mutual trust, mutual care, life entrusted groups, rather than to live happily, a motley crew of bad luck. Whatever the law says, with a donkey matter should do to the legal and moral responsibility. She could not bear the cold, they by law for himself. She put too much emphasis on the donkey's reputation, not tolerate such an ass to defile it, so she said as long as the parties out of mistakes, apologize, fulfill the moral responsibility, she would silently behind them, in their name to hand mother necessary economic assistance, but no one can understand her intention and pains.
  
Her conscience, as the conscience of young people, in the face of hand behind cannot take it calmly. Hand off her mother, Tianjin friends post a lot of people are watching, and not only so, soon hand in hand before the accident, she was diagnosed with cancer, need operation. Didn't you life, is not good economic environment, coupled with the pain, and now lost support and sustenance of the only daughter, she is so need someone who can give her some help. Now, there is such an enthusiastic, people have the ability to stand up to help her, shouldn't we be happy for her, should not be for our society to enthusiastic person so warm?
  
Five, the original defendant and spectators
  
I think the plaintiffs said:
  
First, the law is not a panacea. Don't expect the law to help you to solve all the problems. So, there is much to do, to go the road of human rights is still very long, encounter difficulties and resistance will be a lot of, want to have thought preparation and response measures fully, can continue to move forward toward his goal. You have a long way to go, but you are not alone, many people who support you.
  
Second, light has a cavity blood is not enough, but also master the related knowledge and skills. Rights agent busy, but not legal professionals, please have the strength of a professional to help you, ah, such a special and influential case, consisting of a lawyers again, benefit by mutual discussion, we fully discuss with careful plan, and organizing the implementation, to strive for victory.
  
Third, please pay attention to hand her feelings. Must do good hand Mama * of psychological counseling, now court, claim amount is out, which is equivalent to a hand to hand her a piece lip-service, her expectations are raised, in case of losing, the irresponsible remarks and the defendant's conduct was certainly down, will be another damage to her, must put the worst might tell her, let her have the full mental preparation, not I can't afford to blow.
  
I want to say to the defendant:
  
First, think about why you would go to the dock. I think if you have a low profile, take practical action, to fulfill the moral responsibility, and know that my responsibility, not make impertinent remarks, raise your hand not smiling people, the people are the meat long, not brain to today this situation. Has been sued, also have the opportunity to regulate the family, but you have missed. It is not the consciousness of public relations of enterprises, for the individual concerned is not a man.
  
Second, if you lose the lawsuit, suggestion think why lose, legal and your own thoughts of the past to have what difference, where is the problem? To fulfill its responsibility, lost also free, and to live in peace, let this lesson become the wealth of life.
  
Third, if you win the case, don't think you can One finished, all is finished., law is the moral self-discipline, heteronomy, no discipline should also have the self-discipline. A fresh young life disappear from your eyes, if you really think himself without an responsibility really, don't blame yourself, don't feel guilty, so be it, but if not, then do something to make themselves less remorse and guilt, can let my soul peaceful things.
  
I want to say to all the people:
  
Why should we care about this man, this thing? Why we think this person, this thing is not only cold legal, but also morality, conscience, conscience? Because we live in society, we can not and others exchanges. Pay attention to the people, pay attention to this matter, is concerned about the community, concern the human being itself, is to focus on our own. To the society, not responsible for the people, is not responsible for their own.
  
Six, and finally, at the end of a story my serial speech
  
One of my friends, buy a house early last year old classmates lent him 60000 dollars. Originally the old friends a little money is not urgent. But when his old classmates for the decoration of the house to be installed on the market prices of non famous high floor brick, 120 blocks, than his home floor is also expensive. We bought 4999 yuan Siemens refrigerator, the old refrigerator can also be used when the scrap sold 100 yuan. My friend knew very uncomfortable, just after him to pay back the money, but the two did not want to, because it is the old classmate, also not say what. Before the Spring Festival this year, asked again, say to only the first 40000, he said that even if, to have the Spring Festival, after a year. The results of that year, everyone in Nanning, this she borrowed 60000 dollars to have the Spring Festival old classmates didn't even pay New Year's call, mobile phone text messages are no one. This guy is angry, the third day of new year called him to also have 40000 dollars, and that he was in the 15 previous lunar January return of the remaining 20000, the results to the end of 2 are unable to pay off, both for the remaining 20000 played the lawsuit, now two old schoolmates face, say not together. My friend said, such a friend, one less either. Hey, what, Coulda Woulda Shoulda.
  
This event, exposed outdoor disorder and regulations are not sound, but also exposed a number of parties and the donkey for covert operation of fake ass.