Wang Moumou’s Dispute over Infringement Liability
2025-12-25
Wang Moumou’s Dispute over Infringement Liability
Keywords: Right to bodily integrity; fault-based infringement; minor students
People's Court of Shenyang Economic and Technological Development Zone, Civil Judgment No. 26 of 2024 (Liao 0191 Min Chu)
Counseling Attorney: Shi Mo
Basic Facts of the Case: During his time at school, the defendant, an eight-year-old student, unlawfully assaulted a seven-year-old student by striking the plaintiff’s back and neck, causing the plaintiff to experience physical discomfort. Subsequently, the plaintiff was taken to the hospital for treatment and diagnosed with involuntary movements, depressive symptoms, and tic disorders. The right to bodily integrity of citizens is protected by law. If a person lacking or with limited civil capacity causes harm to others, the guardian shall bear tort liability. The school, having fulfilled its educational and managerial duties, shall not be held liable for tort.
Case Highlights:
Typical significance: Pay attention to campus violence—start by focusing on children. Although first- and second-grade primary school students who have just started school are still either partially or completely incapable of civil conduct, their educational issues deserve even greater attention from both parents and schools. Through litigation, perpetrators and their legal guardians can be made aware of the consequences they will face for their violent actions, while victims and their families can find comfort and peace.
Lawyer's Insights ： At the outset of the lawsuit, the plaintiff’s mother came to me and told me that many parents had already experienced their children being provoked and harmed by the defendant—a “little bully.” Yet because the children were young, the parents had chosen to swallow their anger and keep the matter quiet, hoping to avoid further trouble. However, this only emboldened the child’s brazen behavior. This wasn’t the first time the plaintiff had been hurt; what worried the parents most was the psychological impact it had on their child—now the child dreaded going to school and felt afraid to interact with classmates. Thus, the plaintiff’s mother mustered the courage to use legal means to protect her child and seek justice for him. Likewise, I was eager to act as a guardian of justice, fighting tirelessly to restore his rightful standing—and in the end, we emerged victorious.
Next: Cui [Name] v. [Name] Real Estate Development Co., Ltd. – Case of Dispute over Neighboring Relations
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