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某县青年村民孙某与中年妇女冯某是邻居.去年春天,双方为争门前菜地发生口角,冯某辱骂孙某是野仔,并对其母进行人身攻击,污言秽语不堪入耳.孙某一气之下,打了她一耳光,冯某更是大哭大闹,由于情绪过份激动,引起高血压病复发,昏迷不醒,当即送医院抢救,于第三天死亡.在抢救期间,死者家属自请民间医生,大买与治病无关的贵重药品.在冯某死亡后,又大办丧事,大搞迷信活动,近百人到饭店大吃大喝,并砸盘摔碗,共花去近7千元.案件在审理过程中,有两种不同的意见:一种意见认为:孙某不应承担民事责任,因为冯某的死亡与孙某打一耳光并无直接的因果关系;第二种意见认为:孙某应承担民事责任并应赔偿.笔者同意第二种意见;主要理由是:一、侵权行为,在一般情况下要追究行为人的民事责任.但必须具备四个条件;即损害事实、违法行为、因果关系和主观过
Sun Moumou villagers and a middle-aged woman Fengmou is a neighbor last spring, the two sides competing for appetite, Fengmou insulted Sun Mou is Aberdeen, and his mother personal attacks, foul language unbeatable. Sohn angrily, hit her slap in the face, Fengmou even crying, due to emotional over-excited, causing hypertension recurrence, unconscious, immediately sent to the hospital for treatment, died on the third day during the rescue, After the death of Fengmou, he funeral, funeral activities, nearly a hundred people eat and drink to the hotel, and Zapan throwing bowl, a total of flowers To nearly seven thousand dollars in the trial of the case, there are two different opinions: a view that: Sohn should not bear civil liability, because the death of Sunmou and Sohn slap in the face there is no direct causal relationship; The second opinion: Sunmou should bear civil liability and should be compensated. I agree with the second opinion; The main reasons are: First, the tort, in general, to investigate the perpetrator of civil liability, but must have four conditions ; That is, damage facts, violations, causation and subjective