Chapter 206: Restless

Fang Zhanping stared at the screen carefully, his right hand on the keyboard's arrow key area, and his index and middle fingers on the left and right arrows, respectively. Dustbeds, vases, pots, mobile phones and other miscellaneous objects are constantly left on the screen, and he must pay close attention to the changes on the screen, press the buttons to control his character, and avoid the threat of these high-altitude throws.

Suddenly, he shook his head violently, and his right hand was raised from the D-pad area. Although he had already cheered up 120,000 points, and pressed the arrow button in time after noticing the nokla phone that fell from his mouth, the character he controlled was still opened by the nokla that fell from the sky, and soon the gameover.

This flash game is a new issue of "This Monday Tour" that has just been updated on the homepage of Bee Navigation on September 8th, called "Urban Adventure".

The content of the game is to simulate all kinds of bad luck and bad things that ordinary people may encounter in the city. All kinds of real cases that have appeared or are appearing in the news media have become levels in the game, such as the manhole cover was stolen and fell into the sewer, the cable blocked the road and rode past the neck of the beaten neck, did good deeds to help the old man meet Mrs. Xu, and the level he is playing now, and disaster fell from the sky on the way home.

The gameplay is simple, as players use the left and right arrow keys on their keyboard to control the characters that appear one by one and help them avoid dangers one by one. But at the same time, it is difficult, on the one hand, this game comes from the reality of a lot of information, do not understand the relevant knowledge and do not know where the danger exists, on the other hand, the characters in it are old, young and young men and women, the movement speed is different, and the control is very difficult. For example, the reason for Fang Zhanping's gameover just now is that the previous character is a black-haired strong man, but the next character has become a white-haired old lady, and the movement speed is much worse, he habitually pressed the left arrow button according to the feel of the previous character, but the old lady on the screen just shook to the left and didn't move far at all, and was hit by the nokla mobile phone that fell from the sky.

In fact, after the old lady was smashed, his game did not end immediately, but transferred to a new "hidden level", and Fang Zhanping was actually gameover in the new level.

The new checkpoint is obviously a reference to the case of "high-rise falling objects injuring people and ruling all owners to fairly share the compensation" across the country.

In the past, the verdicts of various high-altitude throwing objects and injuring people in the news were obviously polarized, either the court ruled that the residents of the high-rise building should be liable for compensation in accordance with the "principle of fairness", or they ruled that the victim's evidence was insufficient and not supported in accordance with the principle of "whoever asserts the claim shall present evidence" in the civil law.

However, in the "Draft Tort Liability Law (Expert Suggestion Draft)" released in June and currently under consideration, the "joint sitting law" with local characteristics has been written, and there should be no "victim loses the lawsuit due to insufficient evidence" in the future, and in this game, it seems that this law exists and takes effect.

Article 96 of the Draft stipulates the liability for compensation for damage caused by the collapse and fall of objects: if a building, road, bridge, tunnel and other artificial structures and the shelving or hanging objects on them collapse, fall off or fall and cause damage to others, the manager or owner shall be liable, unless the manager or owner can prove that he is not at fault or the law provides otherwise.

After the old lady was injured, a pop-up window popped up on the screen, explaining: "Because the perpetrator could not be found, the court ruled that the residents of the entire building should bear fair liability for compensation except for the residents on the first floor, a total of 22 households, please choose a relative as an agent to help the victim claim compensation." ”

Then he needs to choose one person from the six roles given to help the old lady go upstairs to ask for medical expenses, and the way to ask for it is "verbal and sword-talking". You must challenge 22 enemies in a row, and the two sides will engage in a verbal exchange to "convince" the other party to pay for it.

In fact, the so-called "verbal confrontation" is when the characters launch various sentences such as "I was not at home at the time, I didn't do it" and "The court has decided down, let's pay for it" and other sentences to "attack" each other, and at the same time use the left and right keys of the keyboard to move the characters to avoid the other party's verbal attacks. Every time the character is hit by a sword, it will weaken a certain amount of mental defense, and after reaching a certain level, it will fail, and if the NPC fails, it will obediently pay money, and if the player fails, he will give up and leave.

In the same way that the player's controllable role is both old, middle-aged and young men and women, the target "enemy" is also both old, middle-aged and young men and women, but there are fewer children who do not have to bear the liability for compensation as incapacitated persons, and their movement speed and "spray" speed are also different, plus the time limit of this level, if you are not careful, you will be hit or overtime, Fang Zhanping failed like this.

After calming down a little excited, Fang Zhanping shook his head helplessly, and said to himself: "Hey! Xiaoma is really an angry young man like Lao Luo! At the beginning, he would so happily agree to our grain and agricultural investment shares, we thought that we had taken a fancy to the factory and Internet café in our hands, but we didn't think that the real purpose was here!"

With a long sigh, Fang Zhanping picked up his mobile phone and looked at the time, found a number from the phone book and dialed back.

He had to wipe the ass of this somewhat angry and restless kid again.

But complaining is complaining, and he doesn't take these little troubles seriously.

After all, although these games made by Atletico Madrid have the meaning of reflecting reality and satirizing society, after all, they are completely made according to the content of public reports, without adding any personal color, and have not risen to the level of institutional problems, which is not a political mistake, and there is not even any illegal infringement.

Besides, although their Fang family has never had any big officials, this kind of small thing can be easily handled, and the cost of favors paid for this is not high, and even because of the contacts, they can deepen the connection.

In short, Fang Zhanping is quite satisfied with his function as a public relations manager.

The "Draft Tort Liability Law (Expert Suggestion)" was released in June, but Atletico Madrid only released "Urban Adventure", a discordant game with a "realistic theme", in September, not to satirize the joint sitting law of Article 96 of the draft, but to satirize Article 126 of the draft.

The reason is because of a well-known case a few days ago.

The first-instance verdict of the "Peng Y case", which has been warmly followed by the media and netizens across the country, has finally come out nearly 10 months after the "incident". Before the first-instance verdict, Peng Y, who claimed to "help the elderly, was falsely accused", lost the lawsuit. The verdict reads: "Peng Y admits that he was the first person to get out of the car, and from common sense, it is more likely that he collided with the old lady." …… Peng Y was ordered to compensate the plaintiff for 40% of the loss, i.e., 45,876 yuan, and pay it within 10 days. ”

As soon as the verdict came out, the defendant IT man Peng Y was dumbfounded, according to Article 64 of the Civil Procedure Law: "The parties have the responsibility to provide evidence for their own claims." That is, the principle of "whoever asserts shall provide evidence", the Xu family cannot prove that they bumped into Xu Moulan, and they should be judged to lose the case due to insufficient evidence.

As a result, the court gave him a reasoning proof, and the judgment first wrote: "According to the analysis of daily life experience, the reason why the plaintiff fell to the ground was not only knocked down by external forces of others, but also tripped or slipped and other reasons. However, neither party stated the facts of the plaintiff's trip or slip during the trial, so based on the existing evidence in this case, the analysis of the external force of the old plaintiff being knocked down should be emphasized. ”

The verdict continued: "When a person is knocked down by an external force, the first thing to do is to identify the source of the external force and identify the person who collided; if the person who hit the person escapes, the first reaction of the person who has been knocked down is to call for help and ask someone to help stop it." In this case, the incident occurred at a bus stop in a public place, and the incident occurred in the morning when the line of sight was good, and the accident occurred in a very short manner, so it was impossible for the person who knocked down the plaintiff to escape easily. According to the defendant Peng's self-admission, he was the first person to get out of the car, and from common sense, it is more likely that he collided with the plaintiff. ”

Then, the judgment successively used a series of relevant evidence, such as "the defendant accompanied the plaintiff to the hospital together", "the defendant took money to the plaintiff's family for treatment and did not ask for it afterwards, and it was obviously not an advance payment", to further presume that the defendant Peng Y was the person who hit the person, to be precise, "the person who collided with it".

Because the evidence combined with reasoning can only prove that the two people collided, and cannot prove that "the defendant hit and injured the plaintiff", it was determined that both parties were not at fault, and the plaintiff's request for spiritual solatium was not supported, but the defendant was required to compensate 40% of the plaintiff's medical expenses of 100,000 yuan according to the principle of fairness.

After this verdict was reported, sentences such as "from common sense analysis" and "you didn't hit it, why do you want to help her?" suddenly exploded on the Internet, and all kinds of complaints, all kinds of sarcasm, and all kinds of curses were endless, and everyone stood on the height of intelligence and morality to analyze and fiercely criticize the presiding judge Wang Hao and the plaintiff Xu Moulan.

Even the fierce arguments that "Peng Y's case has set morality back by 30 years" and "the most controversial verdict in history will lead humanity to evil" have appeared on various personal blogs.

As for the media, they have also expressed their opinions on this case of national concern:

"Tingpeng faction" said: "Most netizens believe that Peng Y is well-intentioned and innocent, and they are full of sympathy for him", and some people questioned the professionalism of the judge, believing that "there is no basis for the judgment that the plaintiff is not responsible, and it is contrary to common sense to cite the relevant provisions of the General Principles of the Civil Law." ”

Some people even said on the Internet that Judge Wang Hao, who presided over the case, was an on-the-job master's degree who graduated from the Department of Chinese and changed to law, and was a literary young man who "does not talk about evidence" and "can only reason". Because this statement is "reasonable", netizens accepted the statement that Judge Wang Hao is a literary youth without much discernment.

Of course, some people support and some support, and naturally some people question and some step on it. The "skeptics" said: "Don't be blinded by moral enthusiasm," and "Therefore, there are only legal issues in Peng Y's case, not moral issues." In other words, it is very dangerous to talk about moral issues when the legal issues are not clear. ”

There are also some media and netizens who belong to the "calm faction" of the third party, who said with an eye to the future: "Peng Y's judgment against him is of positive significance, and it can remind 'Living Lei Feng' to protect himself when he acts bravely." ”

Many legal experts suggested in an interview: "Before doing good deeds, it is best to find a good certification and use the mobile phone recording and photo function to retain evidence." The implication is that if you still want to be a good person and do good deeds without physical evidence, then you must be prepared to be forced to take leave in case there is discord, be falsely accused, and even resign to respond to the lawsuit like Peng Y.

In a word, not everyone can learn from Lei Feng. Although Uncle Lei Feng did good deeds without leaving his name, there were military newspaper reporters around him to help him take pictures......

In fact, in Atletico Madrid's view, Peng Y's case is still different from the previous Tang Jiayi's previous case of helping the elderly to be framed. Tang Jiayi was framed, the facts are clear and the evidence is conclusive, while Peng Y's evidence is insufficient and the facts are vague, and the kind of situation where the two parties inadvertently collide as determined in the verdict is indeed the most likely to occur.

Although Judge Wang Hao is "Wenqing", his reasoning does not have many logical errors, at least Peng Y did not think that Mrs. Xu was not familiar with Ling Bo's micro-step technique and fell down with her left foot and right foot, and the situation he encountered was actually more like "Peng Yu was hit by someone, but because he was young and strong, he did not move, and the person who hit the person fell to the ground and was injured, and the person who was hit compensated for the greater loss according to law."

Well, it is clearly written in the verdict that neither party is responsible, but Xu Moulan suffered a loss of more than 100,000 yuan in medical expenses, and Peng Y needs to "compensate" Xu Moulan for 40% of her medical expenses. After the verdict, Peng Y immediately expressed his dissatisfaction with the verdict and asked for an appeal, in fact, in Atletico Madrid's view, he should turn to sue Xu Moulan, accusing her of causing a lot of lost work and transportation expenses because of malicious prosecution, so that she could appear in court to respond to the lawsuit, after all, Judge Wang Hao said that both parties are not responsible.

In fact, in Atletico's view, this case involves a legal blind spot and loophole, and the traffic laws do not stipulate the principles and methods for dealing with traffic accidents between pedestrians.

Even Article 126 of the latest Draft Tort Liability Law (Expert Suggestion Draft) stipulates the general provisions on the handling of liability for road traffic accidents, but only stipulates the principle of fault division between motor vehicles and between motor vehicles and non-motor vehicle pedestrians in the event of road traffic accidents, but does not divide the liability between pedestrians and pedestrians in the event of road traffic accidents.

The case of Xu Moulan's fall shows that "road traffic accidents between pedestrians and pedestrians" exist, and relevant legislation is urgently needed. And in the absence of relevant laws, she should actually sue the bus company. Because they are the owners or users of the bus stops, they have a management obligation to them.

Whether Xu Moulan fell with her left foot and her right foot, or hit a passerby and caused herself to fall, the bus station at the place where the incident occurred could not escape responsibility.

The bus company did not scientifically and reasonably set up the process of getting on and off the bus, nor did it set up warning signs at the bus stop to warn that "the station is crowded, please pay attention to the passengers who get on and off the bus, and do not run in a hurry".

Xu Moulan can sue the other party for not fulfilling her obligation to inform that caused her injury, and ask for compensation.

However, this is obviously just wishful thinking on the part of Atletico Madrid's family, and this incident happened in the Celestial Empire, not in the US imperialism. The people of the United States can get $3 million in compensation for McDonald's coffee being too hot, but in China, according to the "Consumer Rights Protection Law" more than ten years ago, they can only lose one and pay one.

Article 49 of the Law on the Protection of Rights and Interests of Consumers stipulates that if a business operator commits fraud in providing goods or services, it shall, at the request of the consumer, increase the compensation for the losses suffered, and the amount of the increased compensation shall be double the price of the goods purchased by the consumer or the cost of receiving the service.

Of course, the details of the McDonald's coffee case in '92 were far more than a cup of hot coffee that cost McDonald's $3 million.

At that time, other fast food companies selling hot coffee in the United States only sold 70-75C hot coffee, and McDonald's formulated strict coffee brewing procedures, stipulating that 96C hot water must be used to brew coffee powder, and the temperature of coffee should be between 82-86C when it is delivered to consumers, they believe that this can maximize the aroma of coffee. But scald experts point out that coffee is so hot that if it is spilled directly on the skin, it will cause third-degree burns in 2 to 7 seconds.

Third-degree burns are the most serious burns, which hurt deep burns between the dermis and the subcutaneous tissue, the wound becomes white, no pain is felt, the subcutaneous tissue is completely necrotic, and even if it is cured, it can never return to its original function, and when the scope of the injury is too large, skin grafting surgery is also required. Most of them are caused by high temperatures, or the temperature is "sub-high temperature", but the effect is long. For example, the female victim in this case was driving a car to buy coffee from McDonald's "drive-thru sales window", she put the coffee cup between her legs, opened the lid and added powdered sugar, but accidentally knocked over the hot coffee and spilled it on her pants, because it was difficult to take off her pants, resulting in three degrees of burns on the sensitive part and tens of thousands of dollars in medical expenses.

The jury found McDonald's at fault and needed to compensate the victim Stella Libeck $160,000 in compensatory damages plus $2.7 million in punitive damages equivalent to two days' turnover, for a total of $2.86 million, which is the origin of the rumor that "a cup of hot coffee lost $3 million".

However, in the end, McDonald's did not pay that much, and after some struggle and negotiation, they reached a secret settlement with the victim, presumably in the settlement fee of about $600,000.

Since then, McDonald's has quietly lowered the temperature of hot coffee from 86C to 72C, and amplified the warning on the paper cup that "hot drinks at high temperatures, beware of burns". And because of this case, car companies have also improved the design of their cars, and designed cup holders on the cars that are specially designed to put hot drinks.

Interestingly, after Stella Libeck's case, the American imperialist people followed suit, hoping to "make a lot of money in one hit", but they failed one after another. However, because of the existence of the jury system and the punitive damages system, from time to time there will still be some people who jump out to challenge a large company. Because once the lawsuit is won, if you get punitive damages, you will get tens of millions or even tens of millions of excess damages, so many lawyers who are counting on fame and fortune will be keen to provide "free" legal support for such consumers, of course, not really free, but agree that the lawyer will get one-third or more of the compensation as legal fees after winning the lawsuit.

In 02, two teenagers in New York State sued McDonald's for selling high-fat junk food such as super Burger King chicken and fries, and they wanted to sue McDonald's for violating their right to physical health on behalf of all New York teenagers. The case has not yet been completely resolved, but McDonald's and Ken** have begun to improve the recipe and reduce the calories of fast food to improve their image and avoid junk food complaints. For mobile phone users, please visit http://m.piaotian.net