Research On "Sudden Death Bypersuading Smokers"

The case of discouraging smoking was originally a small-scale and private case,but with the high attention of the public and the media,it evolved into another moral crisis "should smokers be discouraged" has become a worrying topic.Judicial judgments have social behavior orientation.Their value orientation and adverse consequences will have a profound impact on human behavior.The judgment of the first instance criticized by people in this case once again makes the judicial credibility widely questioned.Based on the background of transforming society,this paper makes a comprehensive and detailed analysis of the litigation process and social impact of the case.After clarifying that the case is a dispute over the right to life,it then analyses the elements of infringement.Yang Fan's dissuasion does not satisfy the causal relationship and the elements of fault in general fault infringement.Therefore,Yang Fan does not bear tort liability.The first instance court applies the provisions of "fair liability".It is wrong to apply the law.In this case,the court of second instance did not exceed the appeal request of the parties,and did not violate the principle of prohibiting adverse benefit alteration.The judgment of first instance can be directly changed.In the current era of new media,with the rapid development of the Internet,citizens' awareness of the rule of law and supervision of rights is increasing,and the impact of judicial decisions is no longer limited to the parties.It has become a topic of conversation in people's daily life after dinner.Because of this,the first instance judgment easily arouses strong criticism from the public,which leads to the decline of the credibility of the courts.Under the great pressure of public opinion,the court of second instance revised its judgment,responded to the public's expectations and successfully restored the credibility of the court.By introducing the concept of social public interest,it has a strong positive significance for the improvement of social morality.The judgment of the court of second instance has achieved good social and legal effects.The judgment gives full play to the value-oriented function of the judgment,enhances citizens' awareness of the rule of law,helps citizens safeguard their legitimate rights and interests in public places,and standardizes their personal behavior.