runescape items students using Tencent QQ network agreed to commit suicide - SHH

Lishui, Hong on February 10 (reporter Huang Ming Zhang guoliang correspondents) students using Tencent QQ network agreed to commit suicide, Tencent should bear the responsibility?　　The other day, Lishui city runescape items, Zhejiang Province, intermediate people's courts of second instance rejected Tencent requests for damages to the families of the deceased. Since the beginning of June 2010, a multiple different operating in Tencent QIssued to a specific object on the Q group "Zhejiang men find charcoal suicide", "Zhejiang suicide with men looking for contact me XXXXXX" content of suicide invite. June 23, 2010, a fan on the QQ Group after seeing the information left by Zhang, and Lishui, a contact and agreed to commit suicide. The night of June 23, Lishui, fan reached andZhang implemented carbon burning suicide in Lishui district hotel. Suicide in the process, because of the pain, some water pouring out is combustion of carbon in the basin, termination of suicide, and advised Fan Mou give up suicide. At about 5 o'clock in the afternoon, ignoring a fan "do not go to a suicide" requirement, leaving the hotel by herself. After leaving before 8 o'clock in the evening, two mobile-passContact and SMS.　　At about 11 o'clock in the evening, a call to the hotel reception desk, telling hotel staff 502 room might be a suicide, forced open the door of staff report was found after the death of a fan. A parent of a fan and Tencent computer system limited to court in Shenzhen City, believing that Zhang invited yuefan Yi Jie committed suicide over the network, resulting inHis death; the company as a provider of network services, failing to "meet the suicide" to remove or block content, causing them to spread, in response to the death of a fan bear joint and several liability. Liandu District Court of first instance considers in Lishui city, Zhang repeatedly to a specific object in the different QQ Group suicide invite long-term public notices, Tencent has not this might be against othersHarmful information measures the health interests of life, a fan and a meet and implement a suicide. Dead norm is an independent civil capacity of adults, in the absence of coercion, threat case option to commit suicide to end his own life, from preparation to implementation of suicide in the process as a whole, has been shown to actively pursue subjective will of death, on the results ofA dominant role, should own the primary responsibility. 　　And a combination of indirect damage occurred consequences of Tencent, size should be based on negligence and causes and 20% in the respective percentage liability judgment more than 110,000 yuan Zhang Tao compensation, Tencent compensation more than 50,000 yuan. After the judgment of first instance, Tencent and dissatisfied with the judgment of the Court, appeal。 Lishui homes according to law in a public trial after the judgment, dismissed the fan a parent Tencent claims.　　Due to a withdrawal in the second instance, Lishui to the Court of first instance judgment of a substantive right of obligation not to review, maintain to a certain part of the judgment in the first instance. In cases of infringement of the network, the second instance court litigation over claims of the parties summarizing theFocus of dispute: Tencent QQ chat group information with prior active review and supervision of legal obligations, and Tencent should bear liability for damages for death of a fan. Hosting the judges think: Tencent QQ is Tencent's Internet-based free instant messaging tool, when Web users to communicate using Tencent QQ, Only Tencent technology provides network services and communications platform. For network users without specific QQ Group publish information multiple times, Tencent QQ Group chat has a passive review, supervision of information obligations, that is, upon receipt of notice of related rights holders or known facts of infringement cases, Tencent should take the necessary measures, and difficult to by artificial means, technical advanceReview, monitor group chat information.　　In this case, fan a parent did not provide evidence that the fan prior to a suicide, related rights holders have been informed and asked the Tencent company deleting related information, shielding, broken links or Tencent has known information about the existence of. In addition, Tencent in this case does not exist as a violation of, and there is no law explicitly requires itAs its not as a violation of; and Tencent has not received any request its deletion, or disconnect a link notification of harmful information, and not on subjective fault; in this case, only Tencent technology provides users with network services and communications platform, and not on the users chat, edit, modify or change the contents of the received object cheap runescape items, a fan by TencentProvides information-sharing platform to meet with others to commit suicide, the death of the results in actively pursuing suicide, Tencent's acts and the death of a fan not a causal relationship. Therefore, Tencent has no elements of tort liability. Others:

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