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In 2010, the massacre of Nanping Primary School in Fujian Province: Surgeons retaliated against society and slashed 8 primary school students with knives

author:Lawyer Luo Bofei of Changsha

"To give birth to a man is a good one, and to give birth to a daughter is a bad one." As early as the "Yi" recorded the idea of son preference. But in ancient times, the preference for sons over daughters is traceable, the population was small in ancient times, people paid more attention to the continuation of the family, and men were more important laborers when they grew up, so they would pay attention to men.

In 2010, the massacre of Nanping Primary School in Fujian Province: Surgeons retaliated against society and slashed 8 primary school students with knives

However, in contemporary society, living standards and ideological culture have been improved in all aspects, but there are still many patriarchal ideas. For example, Mr. Li in Chongqing encountered a son-preference mother-in-law, who, in the case of his granddaughter's serious illness, took the life-saving money from his daughter's car accident to buy a house for his son, and claimed that he was not afraid of being detained, that is, he did not take money. Fortunately, the final result is still very pleasant.

Mr. Li is a native of Chongqing, working as a local cook, with a low income, able to meet daily needs, even after marrying his wife, he can maintain family life. But after the birth of the two daughters, the family fell into trouble, and it turned out that one of Mr. Li's two daughters had congenital heart disease, accompanied by sky-high medical expenses.

Even if the father and the two of them have exhausted the family bottom and borrowed a lot of money, they are still dissatisfied with this bottomless pit. However, Mr. Li has never given up on his daughter and has always wanted to treat her. In order to make money, his wife also went south to Guangdong to work, and the two lived separately for a long time. However, on a certain day, Mr. Li received a divorce notice from his wife, who said that she wanted to divorce Mr. Li and could leave the house, but the two children should be raised by Mr. Li.

Mr. Li thought that his wife was unwilling to take his daughter as a burden, and although he was dissatisfied with his wife's behavior, Mr. Li finally agreed to his wife's divorce request, and the two went through divorce procedures. But the next thing caught Mr. Li off guard, and soon after the divorce, his wife died in a car accident and left more than 1 million yuan in compensation.

In 2010, the massacre of Nanping Primary School in Fujian Province: Surgeons retaliated against society and slashed 8 primary school students with knives

According to Article 1179 of the Civil Code, where personal injury is caused to another person, reasonable expenses for treatment and rehabilitation, such as medical expenses, nursing expenses, transportation expenses, nutrition expenses, hospital meal subsidies, etc., shall be compensated;

Mr. Li has divorced his wife, and it is reasonable to say that he is not entitled to this compensation, but Mr. Li's two daughters still have a mother-daughter relationship with his wife.

The General Principles of Civil Law stipulate that parents have an obligation to support their children, and whether or not the spouses are divorced, it does not affect the mother-son or mother-daughter father-daughter relationship between them and their children. The children, in law, belong to the first heir, so Mr. Li's two daughters are the legitimate heirs of this compensation. This also means that the money for Mr. Li's daughter's treatment has fallen.

Unfortunately, the money was directly handed over to the mother of Mr. Li's wife, that is, Mr. Li's mother-in-law, Yang Mouxiu. Yang Mouxiu is a man who prefers sons to daughters, and attaches more importance to his sons than his daughters. After learning that Mr. Li was going to marry his daughter, he proposed to ask for a dowry of hundreds of thousands of dollars to buy a house for his son.

In 2010, the massacre of Nanping Primary School in Fujian Province: Surgeons retaliated against society and slashed 8 primary school students with knives

But Mr. Li and his wife were in love with each other, and finally they got married without giving much bride price, so Yang Mouxiu's attitude towards Mr. Li was very poor, and he did not like Mr. Li's two daughters. Now this compensation has been given to Yang Mouxiu, and Mr. Li wants to ask for a part of the medical expenses, which is naturally very difficult.

Sure enough, when Mr. Li came to the door to ask for medical expenses, Yang Mouxiu directly said that he had no money, and all the money was taken by her to buy a house for her son. Mr. Li was furious at Yang Mouxiu's shameless behavior, and he said that he would go through legal procedures. But Yang Mouxiu just doesn't take money out, even if he is detained by the police, he still dies unrepentant, and claims that he is not afraid of being detained.

In desperation, Mr. Li could only go to the court to ask for help. According to the Civil Code, although death compensation is not an inheritance, it is distributed according to the criteria for inheritance distribution. That is to say, Mr. Li's wife's compensation, Yang Mouxiu and two granddaughters have a share, two of which should also account for the majority.

If Yang Mouxiu resolutely does not take out this money, then her behavior will constitute a refusal to execute the judgment and a verdict. According to the provisions of the Criminal Law, if a people's court's judgment or ruling is capable of being enforced but refuses to carry it out, if the circumstances are serious, it shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or a fine;

In 2010, the massacre of Nanping Primary School in Fujian Province: Surgeons retaliated against society and slashed 8 primary school students with knives

There are two paths in front of Mr. Li, one is to ask the court to pursue Yang Mouxiu's legal responsibility and criminally punish him. However, if the court wants to hear the case, it may also have to go through repeated appeals and second-instance trials, and if Yang Mouxiu intends to delay, several years may not necessarily have results. Therefore, this money does not know when it will be able to get it, and it will naturally affect the treatment of the daughter.

The other way is to ask the court to negotiate from it, with the court's mediation, Mr. Li has a great possibility that in the near future, he will get the compensation belonging to the two daughters, and then he can treat the daughter in time, so as not to affect the daughter's health.

Although the first option is more relieving and allows Yang Mouxiu to be punished, Mr. Li finally chose the latter for the sake of his daughter. The court mediated the contradiction between the two sides, and acted emotionally on Yang Xiuxiao, telling her that if she did not take the money out, it would not be detention but imprisonment, and if she went to prison, it would have an impact on her son's future job search and marriage.

In 2010, the massacre of Nanping Primary School in Fujian Province: Surgeons retaliated against society and slashed 8 primary school students with knives

Finally, Yang Mouxiu still agreed to take the money, and Yang Mouxiu's son also said that as an uncle, he would be responsible for the two nieces and bear part of the cost of treatment. Through the help of the court, Mr. Li finally got the compensation that belonged to his daughter. According to the distribution standards of China's laws, Mr. Li's two daughters can each receive 30% of the compensation, totaling 640,000 yuan.

Such a result is undoubtedly the best for Mr. Li, although yang Mouxiu was not put in prison, but it saved his daughter. If his daughter suffers an accident because of a temporary delay, even if Yang Mouxiu is severely punished, Mr. Li will not be happy. However, after this incident, Mr. Li also said that he would not have more contact with the Yang family in the future, and comparing Yang Mouxiu's behavior was indeed criticized.

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