Legal Analysis On The Case Of Dissuading Smoking And Sudden Death In Zhengzhou Elevator

As one of the top ten civil administrative cases of the people’s court in 2018,the case of "Zhengzhou elevator dissuades smoking sudden death" has attracted widespread attention.In the process of the trial of the case,whether the actor has fault,whether there is a causal relationship between the defendant’s behavior and the victim’s death result,and whether the principle of fair liability can be applied are very controversial.The emergence of disputes reflects the long-term uncertainty and disunity in the standards of fault identification,causality judgment and the application rules of the principle of fair liability in China.In this case,taking the case of "Zhengzhou elevator dissuading sudden death of smoking" as the research object,through combing,summarizing and analyzing the dispute focus of the case,this paper puts forward corresponding opinions and thinking,which has important theoretical and practical value.The research is divided into three parts.The first part is the introduction of the case,through the sorting of the case and the sorting of the two trials,it summarizes the three dispute focuses of the case;the second part is the legal analysis of the dispute focus of the case,mainly analyzing whether the actor has fault,whether there is causality between the behavior and the damage result,and whether the fair liability principle is applicable;the third part It is a discussion on the thinking caused by this case,and it puts forward two perfect ideas when identifying subjective fault with the duty of care,expounds the two necessities of taking "monism" as the judgment standard of causality,and reveals two considerations of the legislature’s intention to abolish the principle of equitable liability.