October 2020，The Supreme People's Court released the 25th batch of 4 guidance cases，All cases of promoting the core values ​​of socialism，Among them, the guidance case No. 140 is "Li Qiuyue and other villagers' committees of liability for security guarantee obligations in Hongshan Village, Huadu District, Huadu District, Guangzhou，This article uses the case as an example to illustrate the legal problem contained in it。

[Introduction to Cases] Hongshan Village, Huadu District, Guangzhou is a national AAA -level tourist attraction，The village committee planted the bayberry tree next to the river。May 19, 2017，The villagers of the village Wu Mou privately pick up the bayberry，Accidentally drop injuries，Destruction of rescue is invalid。Its close relatives did not take safety risk prevention measures with the village committee、Failure to rescue it in time，Village committee to the court。First instance、The second instance believes that Wu and the village committee have any faults，The village committee shall bear 5%compensation liability。The Guangzhou Intermediate People's Court considers it in the re -audit decision of Guangdong 01 Min No. 273，The fact that the original judgment is determined clearly，But applying legal errors，Improper processing Bet365 app download results，It should be revoked。Rejuvenation of Wu's close relatives asks the village committee to bear the request of compensation liability。

[Referee The purpose of the referee] The security obligations of the operator of public places，It should be limited to the reasonable limit range，Adapt to its management and control ability。Complete civil behavior capabilities who accidentally fall in the scenic area and accidentally fall into their own damage，It advocates the responsibility of the operator's liability for compensation，The People's Court does not support。

The case is the famous "Stealing Barber Case"，The retrial of the case for the scope of clarifying the obligations of security guarantee、Standardize citizen behavior、Promote the core values ​​of socialism、Realizing judicial justice and other positive significance。

[Learning analysis] This case involves more legal problems，Two as a description。

First，The relationship between legal rules and legal principles。The main demands of both the former defendant are the security guarantee obligations stipulated in Article 37 of the Infringement Act (this article was absorbed by Article 1198 of the Civil Code)。Article 37 of the "Infringement Act Law"，"Hotel、Shopping Mall、Bank、Station、Manager or organizer of public places such as entertainment venues，Not fulfilling the obligation of security，The damage caused by others，shall bear the infringement liability "。What is the "security obligation"，This article does not clearly specify。

bet365 best casino games From the perspective of legal structure，Laws include legal concepts、Legal principles、Legal principles。Compared to legal principles，Legal rules are relatively clear、Specific，Generally appear in the law of the law。During the application process，Generally applying legal rules，Unless there is no clear legal rules or applicable legal rules, cases will be obviously unfair to apply legal principles。Article 37 of the "Infringement Law" is a typical legal rule，If you apply it directly，Obvious injustice to the village committee，and the injustice of the case，Establish a negative demonstration effect on society。Because no matter what kind of guarantee measures are taken by the village committee，As long as there is a casualties caused by stealing，It is possible to bear legal responsibility due to the application of this article。

For this，Solving through two ways of retrial，1 is to exclude the application of Article 37 of the "Infringement Law"，"The Hongshan Villagers Committee as the manager of the Hongshan Village Scenic Area，Although there is a negative obligation to ensure the safety of tourists from damage，But the determination of the content of the security guarantee obligations shall be limited to the management and control ability range of the scenic area manager。Hongshan Village Scenic Area belongs to an open scenic area，No activities to pick bayberry from villagers or tourists，Bayberry itself does not have hidden dangers，If the Hongshan Villagers' Committee is required to cover all trees in Bet365 app download the scenic area、Set a warning signs or take other protective measures，Obviously exceeding the attention of the good manager "。Second is the application of legal principles，Remake thinks，"Consumer Protecting Public Property、bet365 best casino games From the perspective of civilized travel，Villagers or tourists should not climb the tree privately to pick up bayberry "，That is, civil behavior must not violate honest credit、Principles of public order and customs。Wu Mou in this case，As a complete civilian ability, a person climb in the scenic area and picks fruit，Obviously violated the legal principles，Copy legal liability for your fault，Others shall not bear legal liability for the harm caused by other people's illegal acts。

Second，The attitude of judicial treatment of village regulations。The specificity of the National Law due to its adjustment object、Relatively stability and other features，There must be limitations when playing a role。At this time，Village regulations and other social norms such as moral norms、Religious specifications、In -party regulations、rules and regulations of enterprises and institutions，In the process of adjusting people's behavior, we play the function of making up for national law。

For this case，Village regulations belong to social autonomy specifications in nature，It is the embodiment of my country's constitution on the practice of the grassroots democratic autonomous system in life.。bet365 best casino games From the perspective of legitimacy，Not any Bet365 lotto review social autonomous norms have been recognized by the country。In judicial practice，Judicial organs usually conduct legitimate review of village regulations related to cases，If the latter conflicts with the National Law，If the behavior based on this specification is not recognized。If it does not violate the National Law，recognize the rights and obligations under this specification。The retrial of this case obviously recognizes the legitimacy of the village regulations.，and clarify that the village committee does not assume legal liability，Remake thinks，"Hongshan Village Village Regulations" stipulates that villagers must consciously maintain the various property benefits of the village collective，Including public facilities and green trees。The village regulations are about the code of conduct and moral norms of the villagers of Hongshan Village，Public order of Hongshan Village。Villagers in Hongshan Village climb the tree to pick bayberry，Violation of the village regulations and public order and customs，Causes the consequences of damage，This damage consequences do not have legal cause and effect relationships with the Hongshan Village Villagers' Committee "。

Therefore，The legitimacy of the village regulations cannot be approved by the judiciary，Then use the village regulations as the basis for referee。According to the "Supreme People's Court's Citation Law on Referee in the Supreme People's Court、Regulations on regulatory Bet365 app download legal documents such as laws and regulations "(Fa Shi [2009] No. 14) Article 4 provisions，"Civil referee documents should be referenced by law、Legal interpretation or judicial interpretation。For administrative regulations that should be applicable、Local regulations or autonomous regulations and one -line regulations，You can directly quote "。In other words，The village regulations are the same as the core values ​​of socialism，Can't be directly used as the basis for judicial referees，But it is not ruled out as the basis for interpretation，To explain the basic value of the law's desire，So when encountering laws and moral problems，Clear position，Let the justice have power、Temperature，Efforts to make the people feel fairness and justice in each judicial case。

Last，Research in this case，Using the use of village rules and civil discussions law，Opinions on the implementation of the "Opinions of the Central Committee of the Communist Party of China on strengthening the modernization of grassroots governance systems and governance capabilities" (April 28, 2021) Promoting grassroots rule of law and moral governance construction，Improve grassroots party members、Cadre the literacy of the rule of law，Guide the masses to actively participate、Support and cooperate with grassroots governance according to law，It also has important practical significance。

　　bet365 best casino games