This is a judgment that conforms to the laws of the land, heaven and human feelings. At this point, all kinds of disputes on the Internet have been self-defeating, and they are like dust in the face of the majestic law of the country.
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The first exciting news of 2022 - Jiang Ge's mother Jiang Qiulian sued Liu Nuanxi (Liu Xin) straight.
So far, two years and three months have passed since Jiang Qiulian v. Liu Nuanxi's right to life dispute case was filed.
▲ In October 2019, Jiang Qiulian v. Liu Nuanxi's right to life dispute case was filed, and Jiang Qiulian wept bitterly at the moment she came out of the court. Prior to this, Jiang Qiulian experienced nearly two years of twists and turns such as cross-border evidence notarization and change of lawyers
In the past two days, the lawyer friends in the circle of friends of Yu Yanjie have been discussing this case, and there are two points that everyone is talking about-
1. This is a very difficult case, and I deeply admire Jiang Qiulian's perseverance and feel extremely pleased that Jiang Qiulian won the case;
2. From the legal level, the judgment did not cite specific laws, the amount of civil compensation did not have a case reference, and it is true that such a high moral loss fee has not been awarded before.
This leads to discussion: whether this judgment can be applied to other similar cases, and whether moral trials based on public perceptions will cause loss of control?
▲ Qingdao Chengyang District Court first-instance judgment: Defendant Liu Nunxi compensated Jiang Ge's mother Jiang Qiulian for various economic losses of 499,000 yuan within 10 days of the effective date of the judgment, and compensated her for mental damage of 200,000 yuan, and bear all the case acceptance fees
First of all, let's talk about Yu Yanjie's point of view.
Jiang Qiulian's lawsuit against Liu Nuanxi is straight, although there are factors of moral judgment, but this influence is not out of the scope of the legal system.
The court raised the collegial panel from 3 to 7, which Lawyer Huang Leping said is extremely rare in China's judicial history, and it is also a situation that he has only heard of in his more than ten years of lawyer career but has never experienced it
The court's judgment found that Liu Nuanxi's fault was twofold:
First, there is no obligation to inform people of danger to those who help them;
Second, at a critical juncture, he unilaterally withdrew from the relationship of trust between the two people.
To put it simply – to harm others and to benefit oneself, to deceive and break the covenant.
In view of this uncommon case, in China's criminal and civil law, it may be difficult to pick out a law that can be strictly applied in the current legal system.
However, the rarity of the case does not mean that the law cannot be punished.
Adjudicators can use their discretion to extract legal meaning from existing laws and regulations, and to achieve solemnity and justice in a lawful and reasonable manner.
The trial verdict was so well written that I read it with tears in my eyes, and one of the passages was like this:
"Helping the needy is a traditional virtue of the Chinese nation, and honesty and friendliness are an important part of the core values of socialism." Judicial adjudication shall guard the bottom line of social morality, carry forward virtue and righteous deeds, and guide the whole society to revere morality and goodness. ”
There are also two paragraphs from the national and legal level, which point directly to punishing evil and promoting good -
"As a female student studying in a foreign country, Jiang Ge gave help to compatriots in distress, gave sincere care and assistance, and lost her life because of the unlawful infringement; her selfless act of helping others embodies the traditional virtues of the Chinese nation, which is in line with the core socialist values and public order and good customs, and should be praised."
"As a friend of Jiang Ge and a rescued person, after the incident, instead of being grateful and giving sympathy and comfort to the relatives of the deceased, Liu Nuanxi provoked him with inappropriate words, further aggravating the pain of others, and his behavior was contrary to common sense and human feelings and should be condemned."
Such a solemn and moving statement should really be praised by Judge Ji.
Jiang Qiulian v. Liu Nuanxi will surely become a landmark case in China's judicial process.
A breakthrough statement that rarely appears in the judgment is not only law enforcement but also indoctrination, torturing the boundary between law and morality, directly affecting the future direction of education, promoting the improvement of the rule of law with little progress, and also making us feel the progress of society.
When hearing this statement, Jiang Qiulian hugged the black backpack in her arms, which contained Jiang Ge's clothes.
At the end of the trial, the presiding judge and the collegial panel withdrew from the courtroom, and Jiang Qiulian bowed deeply to thank her, and then she cried bitterly. Compared with the compensation payment, this statement is the "statement" that Aunt Jiang Qiulian most wants to get.
From this, Yu Yanjie thought that Chinese society has always contained the morality of the world and the bones of the people.
The real China has much more solid values of social justice and intellectual values than the outside world understands.
The Japanese side cannot understand why the Jiang Ge case has such a big impact in China, and why the contradictions between victims and witnesses will cause heated discussion in the Chinese media.
In our view, believing in benevolence, believing in righteousness, believing in courage, and believing in faith are the backbone of the nation.
It is this tradition that allows us to unite in the face of disasters and to help strangers.
When the verdict did not hesitate to use "sincere care", "selfless help", "traditional virtues", and "praise" to highly affirm the value of Jiang Ge's life, The tears of Sister Yan filled her eyes.
What touched me the most about Aunt Jiang Qiulian was her repeated words——
"In fact, I have always known that Liu Xin locked Jiang Ge's door, that is, it is."
She firmly believes that Liu Nuanxi has failed Jiang Ge and insists on carrying out the discussion to the end.
A mother persevered for 5 years, the money is meaningless to her who has lost her daughter, she wants to seek an explanation for the truth.
After Jiang Ge was killed, Jiang Qiulian, regardless of how Japanese law was written, insisted on the simple value of killing people to pay for their lives, and did her best to get Chen Shifeng to death.
She even refused to accept the Verdict of a Japanese court, suing Liu While rising up against online slander and slander.
Prior to this, there was no precedent for the Jiang Ge case to refer to.
Watching Jiang Qiulian knock herself into her head again and again and break the bloodstream, Yu Yanjie was very sad but fully understood her approach.
There are many people who have been wronged, but not many people have fought to the death.
It is not that everyone will forget the tragedy of their loved ones, but after one secondary injury after another, under the swallowing of frustration and powerlessness, many people choose to bury their grief in their hearts and are unwilling to tear their hearts and lungs in front of the public.
And Jiang Qiulian is not such a person.
Her character is stubborn and stubborn, even if her relatives and friends do not understand, she must fight to the end for the things she believes, and no one can shake her determination.
It is surprising and admirable that a rural woman with little culture can push the lawsuit to such an extent. Another person may not go on.
With her own efforts to promote breakthrough legislation, Aunt Jiang Qiulian is really a fierce woman.
▲ Jiang Qiulian said that it was "LangyaBang" that gave her the strength to endure and persevere. This TV series that Jiang Ge liked before she was born, she watched it hundreds of times after her daughter was killed, and when she was insomnia, she would play this drama and listen to the sound and gradually fall asleep
According to the photographer who has been photographing Jiang Qiulian for more than 4 years, Aunt Jiang herself is not as strong as in the report.
She did unleash the power of the internet to influence Liu Nuanxi, but she had basic courtesy and restraint, and was a cultivated normal woman.
After returning from Tokyo, Jiang Qiulian never stopped defending her daughter's rights for a moment, and must let all those responsible be punished.
In addition to suing Liu Nuanxi, she refused to reconcile with Tan Bin, a Shanghai man who posted insulting remarks online for 140,000 yuan, and changed trains to Huainan four times to sue Zhang Dongning, an Anhui woman who insulted her with cartoons.
After finally meeting the keyboard man behind the network, Jiang Qiulian asked in court why she hurt herself for no reason.
And Yu Yanjie also couldn't understand why there were a lot of insults on the Internet.
Zhang Dongning, who drew insulting cartoons, seems to be a pretty little girl, where does her hatred for Jiang Ge's mother and daughter come from? Why I would do this, I still can't understand.
In the end, Zhang Dongning was sentenced to 1 year in prison and Tan Bin was sentenced to 18 months in prison.
In addition to these two incidents, Jiang Qiulian also has 7 network lawsuits to deal with one by one.
In addition, she is also suing Chen Mou, a Qingdao woman who defrauded herself of all her money in the name of writing a book.
As for the murderer Chen Shifeng, Jiang Qiulian said that after he finished serving his sentence, she would continue to find him to investigate to the end.
By then, Chen Shifeng was 46 years old and Jiang Qiulian was 70 years old.
"Anyone who hurts my song, I will not give up the responsibility, otherwise, I am sorry that the song called me a mother." Jiang Qiulian said.
She now works out at home every day, not to face life positively, but to ensure that she has the physical strength to accomplish what she wants to accomplish.
Jiang Qiulian said that Jiang Ge was lost once when he was 56 days old.
In the 18 years since, she has repeatedly had nightmares about her daughter's loss.
It wasn't until Jiang Ge was admitted to college that Jiang Qiulian gradually got rid of the nightmare, even thinking that her daughter would leave in such a way.
Hey, Qingming Snot sent to the river to look, a thousand miles of east wind a dream.
Two years ago, on Mother's Day, Jiang Qiulian walked into the theater alone for the first time in her life to see a movie - "A Mother's Revenge".
The film is based on the "Delhi Black Bus Case".
In the film, Indian law cannot sanction rapists, and the families of victims carry out justice on their own.
Jiang Qiulian said that a sentence in the film impressed her: "Where justice cannot reach, there is also the mother." ”
In the case of Jiang Qiulian v. Liu Nuanxi, the suffocating despair in the movie did not repeat itself.
The law is with the mother, and the judgment is with the will of the people.
After 5 years and 2 months after her daughter was killed, Aunt Jiang Qiulian, who was "obstinate", finally got a statement, and the rest of her life is long, how will this mother spend every day and night in the future?
The pictures in this article are from the internet
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