维持原判！江歌母亲诉刘鑫案二审判决
A ruling in which the mother of a Chinese female student killed in Japan in 2016 was awarded compensation in a lawsuit against her daughter's former roommate was upheld by an intermediate court in Shandong province on Friday.
In January, the Chengyang District People's Court in Shandong ruled that Jiang Qiulian, the mother of Jiang Ge, should be paid 696,000 ($100,022) by Liu Nuanxi in compensation, after it ruled Liu played a role in Jiang Ge's death. The compensation mainly consists of 496,000 yuan for Jiang Qiulian's financial losses and 200,000 yuan for her mental anguish over the death of her daughter, the original verdict added.
On Nov 3, 2016, Jiang Ge, 24, was stabbed to death in the hallway outside her apartment in Tokyo by Chen Shifeng, Liu's ex-boyfriend. Liu had moved in with Jiang, as both of them came from Shandong and were friends, after breaking up with Chen.
Earlier on that day of the stabbing, Liu had quarreled with Chen. Armed with a knife, he later hid in the apartment building and waited for the women to return from an evening out. When they came back, Chen confronted them. The three begun arguing and Chen chased the women to their apartment.
Liu walked in first and locked the door behind her, so Jiang could not enter. Chen stabbed Jiang in the neck multiple times before escaping from the scene. Jiang died after arriving at a nearby hospital.
12月30日，山东省青岛市中级人民法院认为，法安天下，德润人心。生命权是自然人最高的人格利益，是法律与道德共同维护的核心价值。任何人因过错侵害他人生命权，都应依法承担侵权责任。一审法院对于刘鑫应当承担侵权责任的认定，是依据法律规定作出的法律评判，也契合友爱互助的传统，依法应予维持。
首先，一审判决认定刘鑫与江歌之间形成救助民事法律关系，江歌是施救者，刘鑫是被救助者和侵害危险引入者，刘鑫未对江歌尽到注意、救助、安全保障义务，是依据经过庭审质证的证据作出的对案件法律事实的认定。
其次，在救助民事法律关系中，被救助者负有对救助者必要的注意、救助、安全保障义务，既契合我国民法诚实信用、公序良俗基本原则的应有之义，也符合社会主义核心价值观的指引方向，更是中华民族助人为乐、知恩图报优秀美德的内在要求。一审判决依据查明的事实，认定刘鑫对江歌遇害具有过错，应当承担侵权损害赔偿责任，适用法律正确。
再者，一审判决综合全案事实和具体情节，对江歌扶危济困行为的褒奖评析，对刘鑫的背信负义行为予以谴责，是对我国民法基本原则、社会主义核心价值观、我国优秀传统美德的遵循、阐释和弘扬，是司法裁判的教育、引导功能的重要体现，应当予以肯定。
最后，需要强调的是，本案江歌遇害本已极其不幸，令人痛惜，由此引发的纠纷更给各方增加了困扰和痛苦，希望双方当事人能够相互理解，相互尊重，加强沟通，消除恩怨，让逝者安息，让生者回归正常生活。
The intermediate court lauded the explanations and education on the rule of law in the original verdict on Friday, saying "the judiciary should protect the life right, because it's an individual's most important personality right."
It called for the two parties in the case to respect with each other and increase communication to avoid further harms caused by the tragedy-related disputes.
编辑：陈月华
实习生：张婉诗
来源：中国日报 人民网 央视新闻 极目新闻
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