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2011年3月的一天傍晚,在广州地铁4号线新造站内,一名年轻女子因情感纠纷,在毫无防备状态下被其前男友顾某用菜刀砍伤多处,当场死亡。事发时正值地铁人流高峰期,地铁站保安看到年轻男子拔刀行凶,当时就吓坏了,没有采取任何行为制止,只是打电话请求同事过来帮忙。案发后,法院以故意杀人罪判处顾某死刑,剥夺政治权利终身,赔偿死者家属经济损失227015元。凶手被判死刑后却没有对死者家属给予任何赔偿。死者家属悲愤之下,将广州地铁公司告上法庭。死者家属认为,当地铁站保安到达现场时,顾某仅是按住了死者,还没有拿出刀。后来,眼看凶手挥刀连续砍向死者,地铁站保安没有采取任何行为制止歹徒行凶,导致死者当场死亡。被告地铁公司没有尽到安全保障义务,在顾某没有赔偿的情况下,被告应当承担补充责任。请求法院判令广州地铁公司赔偿刑事附带民事诉讼中判决的赔偿金额227015元的20%。一审法院支持了死者家属的诉讼请求。广州地铁公司不服向广州市中级人民法院提起上诉,广州市中级人民法院维持一审法院判决。
In the evening of March 2011, a young woman was killed in the newly built station of Guangzhou Metro Line 4 by her former boyfriend Gu with a kitchen knife in the absence of any defensive status because of an emotional dispute. When the incident occurred at the peak of the subway flow of people, the subway station security saw a young man pulling a knife attack, was terrified, did not take any action to stop, just call to ask colleagues to help. After the incident, the court sentenced Gu to the death penalty for intentional homicide and deprived of political rights for life, to compensate the families of the deceased for economic losses of 227,015 yuan. The murderer was sentenced to death without giving any compensation to the families of the deceased. Under the grievances of the families of the deceased, the Guangzhou Metro Company sued the court. The families of the deceased believed that when the security of the subway station arrived at the scene, Gu just held down the deceased and took no knife. Later, watching the murderer cut a knife to cut the dead row, the subway station security did not take any action to stop the assailant’s assassination, leading to the dead on the spot. The defendant MTRC did not fulfill its obligation of safety and security and the defendant should assume the additional responsibility in the absence of compensation. Requesting the court to order Guangzhou Metro Corporation to compensate 20% of the compensation of RMB227,015 for the criminal incidental civil action. The court of first instance supported the claims of the families of the deceased. Guangzhou Metro refused to accept the appeal to Guangzhou Intermediate People’s Court and Guangzhou Intermediate People’s Court upheld the judgment of the court of first instance.