After inspection, the maintenance staff said that a small part was broken, and it would cost more than 900 yuan to replace it. Mr. Li didn’t care, and he paid all the costs. A week later, Mr. Li came to pick up the car again, this time the refrigeration system was no problem, and the gearbox broke again. On the way back to Zhoushan from Ningbo, the instrument panel prompts “The gearbox is faulty, there may be no reverse gear, and you can continue driving.” Mr. Li didn’t dare to continue driving and stopped by the roadside waiting for the trailer to be rescued. This time the 4s shop said that the repair cost 120,000 yuan.

Mr. Li could not accept and raised doubts. Every time the vehicle was delivered to the 4s shop, the whole vehicle was inspected and it showed that everything was normal. When the vehicle was picked up, the staff also said that it had been repaired. He couldn’t understand how to scratch, and finally repaired the gearbox. Is it an internal injury? Because the two parties have never agreed on the proportion of responsibilities, the vehicle is still parked in the maintenance room of the 4s shop. Mr. Li does not know what the vehicle has gone through during the maintenance process. He does not want to spend money for no reason. statement.

In this regard, Manager Lu of the after-sales department of the Porsche Centre explained that the first failure of the vehicle was caused by the aging of the vacuum valve, which caused the vacuum system to fail to operate normally. The reason behind the gearbox damage is still unclear, and it can be investigated only after disassembly. Judging from the phenomenon and experience alone, it may be caused by the internal sensor unable to monitor the gear change normally. There was no necessary connection between the two failures. The customer had doubts and it was understandable. The company also organized a negotiation. The company was willing to bear part of the maintenance cost of 120,000 yuan, but the customer did not accept it.

As for the maintenance process, Manager Lu said that the entire process was operated in accordance with the norms and standards, and the vehicle had not left the workshop. If the customer has any questions, the vehicle can be disassembled to see where the fault is. Faced with such a statement, Mr. Li said that even if no one has driven the car, it may be due to the connection of other electronic auxiliary equipment, which affects the sensor accessories and causes the gearbox to malfunction. Next he will seek a third-party appraisal and is making further plans. So do you think the 4s shop is responsible for this matter?

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Drunk Finally make some irritating behavior May cause irreversible consequences Newlyweds molested by coworkers after drinking Husband verbally stopped but was abused and gangly beaten Chen and his newlywed wife Sun work as workers at a construction site in Sanya, Hainan. One day, the two were working overtime on the construction site. Suddenly, woodworkers Zhou, Rong, Rong Lie, and Ji at the same construction site got into trouble after drinking, molested Sun and beat Chen insults. Under strong resistance Caused one death and three injuries During the rebellion, Chen used the folding knife he carried with him and waved it at Zhou, Rong, Ji and others. In the chaos, Chen stabbed Rong’s left groin, causing the latter’s left femoral artery and vein to rupture, causing hemorrhagic shock and death, and also causing minor injuries to Zhou and minor injuries to Ji and Liu. After the incident, Chen was detained under criminal law. After investigating the case and collecting evidence, the public security organ arrested Chen. Subsequently, the procuratorial organ prosecuted Chen for the crime of intentional injury.

After the court heard

Chen was defended in a state of being besieged, and Chen was alone in the defense. He faced three workers holding equipment. The equipment held by several workers was enough to seriously threaten Chen’s life. , The public prosecutor’s accusation that the defendant Chen was guilty of intentional injury was not found The defendant Chen was pronounced not guilty and he was not liable for civil compensation.

After the judgment of the first instance

Two-level prosecutors’ office disagrees

Then filed a protest

The reasons are as follows

From the perspective of the relationship and cause of the two parties, Ji and Chen are both workers on the same construction site, and there is no deep hatred at ordinary times. It was only because of molesting the newlyweds on the day of the crime that the two sides were fighting.

Judging from the position and intensity of the blow chosen by Ji and others, and Zhou threw away the shovel out of fear of accident, and sparred with bare hands. Ji and others did not intentionally cause Chen to be seriously injured or killed subjectively.

Second instance verdict

In this case, the victim Rong and others made trouble after drinking, molested the wife of the defendant Chen in the original trial, insulted Chen, refused to listen to dissuasion, and beat Chen with a weapon that could seriously endanger the personal safety of others.

As a man, a husband, when his wife was molested, he was insulted and beaten by himself, he stabbed and marked Rong and others who were beating him with a knife. Meet the conditions of special defense.

Although Rong was killed, Zhou was slightly injured, and Ji was slightly injured, he was not criminally liable in accordance with the law. The protest opinion of the protest organ was not established, the protest was rejected and the original judgment was upheld.

According to Article 20 of my country’s Criminal Law: “In order to protect the country, public interest, personal, property, and other rights of others from ongoing illegal infringements, actions taken to stop illegal infringements will cause harm to the illegal infringers. It is a legitimate defense and does not bear criminal responsibility.”

Then

What conditions should legitimate defense meet?

1. Unlawful infringement exists objectively, that is, the cause of legitimate defense must be the objective existence of unlawful infringement from others, but it is not a necessary condition that the illegal infringement constitutes a crime.

2. The illegal infringement is ongoing, that is, the legitimate defense must target the illegal infringement that has begun but not yet ended. If “defense” against an “infringement” that has not occurred or an infringement that has ended, it is not a legitimate defense.

3. Have defensive awareness, that is, the perpetrator’s defensive behavior must be based on the motivation to protect legitimate rights and interests.

4. Against the unlawful infringement, that is, the object of legitimate defense must be the unlawful infringement, not the third party.

5. It does not significantly exceed the necessary limit, but there is no necessary limit to take defensive behaviors against ongoing assaults, homicides, robberies, rapes, kidnappings, and other violent crimes that seriously endanger personal safety.

   ▲Source: Law Popularization in China