On January 10, 2021, the People's Court of Chengyang District, Qingdao, Shandong Province, rendered a first-instance judgment in the dispute between the plaintiff Jiang Qiulian and the defendant Liu Nuanxi's right to life: the defendant Liu Nuanxi compensated the plaintiff Jiang Qiulian for various economic losses of 49,600 yuan and the consolation payment for mental damage of 200,000 yuan within 10 days of the effective date of the judgment, and bear all the case acceptance fees.
Justice may be late, but it will never be absent. This case, which has lasted for five years, has finally been brought to justice!
start
It all starts with Jiang Qiulian's daughter, Jiang Ge.
Jiang Ge, born in 1992 in Qingdao, Shandong Province, was a first-year master's student at the Faculty of Law and Politics in Japan. Jiang Ge comes from a single-parent family, but the mother, Jiang Qiulian, has devoted herself to the life of her children.
After studying hard for many years, Jiang Qiulian, who was far away from home, was looking forward to her daughter's bright future, but what she was looking forward to was a phone call from the Chinese Embassy in Japan, informing her that her daughter had died in Japan. Upon hearing the news, Jiang Qiulian was so distraught that she couldn't sleep in bed, so she immediately booked the first flight the next day to Japan. So, what the hell is going on?
Emotional disputes
Fast forward to October 2015, when Jiang Ge, who had just graduated from university, went to Japan to study Japanese at a Japanese language school. During her study abroad, she lived in the dormitory of international students, where Jiang Ge met Liu Xin, who was also an international student. In the future together, the relationship between the two quickly warmed up, and soon became close friends with each other.
In April 2016, Jiang Ge was successfully admitted to Tokyo University of Political Science and Law in Japan, and Liu Xin was also successfully admitted to dadong Mandarin School, and fell in love with Chen Shifeng, a first-class international student, and soon moved out of the dormitory to live with Chen Shifeng.
The two people who just fell in love were like glue, but after a long time, Chen Shifeng showed his true face, and he showed violent tendencies to Liu Xin from time to time, which made Liu Xin very afraid.
On September 2, 2016, Jiang Ge's mother returned to China after visiting her daughter, and Jiang Ge and Liu Xin went to the airport together to drop her off. On the same day, Liu Xin was unable to bear the harassment of her ex-boyfriend Chen Shifeng and asked Jiang Ge for help, hoping to live in Jiang Ge's home. According to the rental agreement and Japanese law, Jiang Ge's residence can only be occupied by one person, but Jiang Ge agreed to her request considering her friend's difficult situation. On the evening of the same day, Liu Xin moved to the apartment where Jiang Ge lived.
On the afternoon of November 2, 2016, Liu Xin's ex-boyfriend Chen Shifeng went to Jiang Ge's apartment to seek a reunion with Liu Xin and asked to meet Liu Xin. Liu Xin, because of his fear, asked Jiang Ge for help and asked Jiang Ge to come back quickly to break the siege. Realizing the danger posed by Chen Shifeng's harassment of the apartment, Jiang Ge offered to call the police, but Liu Xin stopped her, because it was illegal to borrow here, and the police would also be punished.
Subsequently, Jiang Ge returned to the apartment to help Liu Xin break the siege and asked Chen Shifeng, who was harassing and causing trouble at the door of his home, to leave. Immediately after Jiang Ge accompanied Liu Xin out of the apartment, Liu Xin handed over the key to Chen Shifeng's house to Chen Shifeng through Jiang Ge. Jiang Ge and Liu Xin took the same train together, and Chen Shifeng also got on this bus, but did not talk to the two during the period. After the train arrived at Shinjuku Station, Jiang Ge and Liu Xin were separated because of different itineraries.
Liu Xin changed to the Duying Shinjuku Line, while Chen Shifeng continued to follow Liu Xin until the ramen shop where he worked. During this process, Chen Shifeng sent two photos of the defendant wearing underwear through WeChat and threatened the defendant:
"I have your mom's contact details, and I have your dad's." It's okay if I don't send a circle of friends, I just send it to them. And the video, do you want to watch? You really let me down completely. ”
At the door of the ramen shop, Chen Shifeng and Liu Xin had a dispute again, Liu Xin in order to make Chen Shifeng dead hearted, pointed to Lin Mou, who also worked in the ramen shop and walked towards himself, and said to Chen Shifeng, this is the person he "likes", Chen Shifeng completely lost his mind and made up his mind to kill Liu Xin, he sent a message to Liu Xin:
"If you associate with him, then I'm desperate and can do anything."
Liu Xin replied to Chen Shifeng, "If the two of us are together, what will you do desperately?" Chen Shifeng once again stressed to Liu Xin that "we must desperately pursue it." After Chen Shifeng issued a threat, Liu Xin obviously felt the danger of facing violent harm, so he asked Jiang Ge: "You wait for me, I am quite afraid." ”
The two met at the exit of the Higashi-Nakano subway station, and even Jiang Ge brought Liu Xin her favorite wontons. However, after the two met, Liu Xin did not tell Jiang Ge about Chen Shifeng's violent threats, nor did he tell Jiang Ge that he had provoked Chen Shifeng by fabricating a new relationship in the afternoon, nor did he reveal to Jiang Ge the news that Chen Shifeng had arrived near their apartment.
Liu Xin and Jiang Ge walked to the apartment, but Chen Shifeng had already ambushed on the third floor of the apartment where the two lived. At this time, Chen Shifeng had already drunk half a bottle of whiskey and was waiting for Liu Xin's arrival, holding a fruit knife in his hand.
By the time the two of them walked to Room 201, where Jiang Ge lived, Liu Xin had anticipated the danger and quickly ran into the house, while Jiang Ge hung his umbrella on the door hook, but was locked outside by Liu Xin. After discovering Liu Xin, Chen Shifeng rushed to Liu Xin with a knife, frantically rang the doorbell and scolded, but Liu Xin, who was locked in the house, replied: "I locked the door, you don't scold." ”
Chen Shifeng, who was bent on killing Liu Xin, saw that he could no longer reach Liu Xin, so he turned his anger to Jiang Ge on the side and stabbed Jiang Ge 11 times, and Jiang Ge immediately fell in a pool of blood, and Jiang Ge had just talked to his mother on the phone eight minutes ago. The other residents of the Ouchi Apartment opened the door to check after hearing the screams, only to see Jiang Ge lying on the ground, Chen Shifeng crouching beside her, Chen Shifeng saw that someone found out and immediately fled the scene.
In the house, Liu Xin did not call the emergency number, nor did he open the door to carry out rescue behavior against Jiang Ge, but only reported 110. When the police arrived, they called the emergency number, which sent Jiang Ge to the Tokyo Medical University Hospital for rescue. In the early morning of November 3, Jiang Ge was finally pronounced dead due to excessive blood loss and ineffective rescue.
A long road to proof-seeking
After confirming Jiang Ge's identity, the Japanese police contacted Jiang Ge's mother Jiang Qiulian at the first time. When Jiang Qiulian saw her daughter lying in the morgue, she couldn't help but faint. But when she woke up, she was still confused, how could her thoughtful and lovely daughter be killed by others? She made up her mind that she must give her daughter justice, and what she needed most now was evidence. But the road to proof is not so simple.
Jiang Qiulian forcibly calmed down from the extreme pain, and she wanted to ask Liu Xin, who was traveling with her daughter, about the situation. Unexpectedly, after Learning of Jiang Qiulian's intentions, Liu Xin replied:
"I'm sorry, auntie, I don't know how to get back to you."
This made Jiang Qiulian suspicious, and things may not be simple.
Jiang Qiulian, who is alone, is looking for the truth in Japan, but she does not know Japanese, and she does not know people, what can she do in this strange country? Finally, the desperate Jiang Qiulian posted this matter to the domestic Internet, hoping to get some help from public opinion.
As soon as the news was sent, it triggered an uproar, with the Jiang Ge case setting off a wave on major domestic networks, and Liu Xin being condemned by overwhelming public opinion.
But at this time, Liu Xin not only did not realize his mistake, but more and more evaded, seeing that domestic netizens showed widespread concern about this matter, she also sent a warning text message to Jiang Qiulian, "If such news appears again, I will stop assisting the police to solve the case!" ”
Jiang Qiulian wanted to explain to Liu Xin, but whether it was to call her or send a text message, Liu Xin did not reply to all of them, and even in the end, he deleted Jiang Qiulian's WeChat friends. As a result, a dispute between Jiang Qiulian and Liu Xin lasted for more than five years.
Liu Xin's sudden disappearance made Jiang Qiulian helpless, but she was not discouraged, she tried everything to establish contact with Liu Xin's family, and began to look for them on the Internet channel.
With the help of netizens, Jiang Qiulian found the contact information of Liu Xin's mother, but as soon as the phone rang, she received a scolding from the other party:
"Your daughter's life is short!" Not for girls! ”
Such words made Jiang Qiulian feel cold in her heart.
The storm of public opinion was fierce, and Liu Xin's family finally could not resist and chose to call Liu Xin's father, Liu Fachun, to intervene. However, the outcome of the negotiations was not optimistic, and even Liu Fachun threatened to sue her. The family was in a hurry and left this matter clean with Liu Xin.
What is even more excessive is that Liu Xin not only did not admit mistakes, but also sent messages such as "Happy New Year for Family Reunion" to Jiang Qiulian during the festival, and made irritating remarks through online means: "Is the blood ravioli delicious?" ”
This word was like a carving knife, piercing Jiang Qiulian's heart. Someone also sent a private message to Jiang Ge's mother to stew "pigeon soup" for her to drink, and sent "pigeon meat" for her to eat.
In fact, since the beginning of the incident, the violent network scuffle between the two sides has not stopped, and with the growth of time, it has continued to ferment and become more and more intense. Such extreme irrational behavior not only acted on Jiang Qiulian, but also on Liu Xin, angry netizens launched a human flesh search for Liu Xin and his family, which later evolved into a verbal violence attack on the whole network, and the scope of the attack even reached some innocent netizens.
The Jiang Ge incident has become more and more intense, and the pressure of public opinion has become greater and greater. In August 2017, under the arrangement of reporters, Liu Xin finally agreed to meet with Jiang Qiulian. After the two met, Liu Xinyi changed his previous indifferent and uncooperative attitude and played an emotional card to Jiang Qiulian, "I don't know what to do, I will often go to see my aunt in the future." ”
But as the interview continued to deepen, Liu Xin lost patience and actually said:
"I've realized my mistake, what else?"
These hurtful words were like a piece of ice, which made Jiang Qiulian's heart cold, and the pain of losing her daughter once again threw Jiang Qiulian down. Jiang Qiulian said very correctly: "You don't apologize at all because you feel that you are wrong, you only apologize because your life is affected now." ”
After the meeting, Liu Xin saw that his wind evaluation did not turn better, and then launched a confrontation on the Internet, telling him about the grievances of online violence. However, netizens said that they did not accept such a statement.
A ray of light
On December 20, 2017, Chen Washo was sentenced to 20 years in prison by the Tokyo District Court for intentional homicide and intimidation.
When Chen Shifeng was tried, he said a fair word for Jiang Ge:
"At that time, before she could do anything, Jiang Ge had already entered the room with half of her body, and Liu Xin in the room pushed her out!"
As soon as this news came out, it hit Jiang Qiulian hard. More than 200 days after this information appeared, Liu Xin's family celebrated the New Year happily and beautifully released selfies on social networks, all of which constantly stimulated Jiang Qiulian.
In October 2018, Jiang Qiulian issued a document announcing that she would file a lawsuit against Liu Xin. Jiang Qiulian traveled back and forth, constantly collecting evidence, and finally sued Liu Xin in court in October 2019, when Liu Xin had changed his name to Liu Nuanxi.
At 9:00 a.m. on April 15, 2021, The case of Jiang Qiulian v. Liu Xin (now known as Liu Nuanxi) was heard at the Chengyang District People's Court of Qingdao City, Shandong Province, where Jiang Qiulian (Jiang Ge's mother) held that the fault of defendant Liu Xin and the result of Jiang Ge's death were sufficient to constitute a causal relationship in tort law.
If the defendant did not stop Jiang Ge from calling the police, and Jiang Ge was not asked by Liu Xin to pick up the defendant at the subway station, Jiang Ge would not have been killed; Jiang Ge's victimization came from defendant Liu Xin; The defendant was the sole beneficiary and the largest beneficiary of Jiang Ge's murder; The victim, Jiang Ge, was not at fault.
The defendant Liu Xinfang's agent argued that Jiang Ge's murder was caused by Chen Shifeng's behavior, and the defendant did not bear any responsibility according to law. In addition, the homicide took place in Japan, and the agent as the defendant cannot use speculative language such as "if" or "to restore the imaginary facts."
As for the plaintiff Jiang Qiulianfang's lawyer claiming that Jiang Ge was killed, the defendant was the only beneficiary and the biggest beneficiary, and the defendant Liu Xinfang's lawyer argued: "Insist on collecting the flow of water from both sides, and finally determine how much our defendant has benefited as a beneficiary."
Final judgment
On December 27, 2021, Huang Leping, a lawyer entrusted by Jiang Ge's mother, Jiang Qiulian, received a court summons and learned that at 9 a.m. on December 31, the court would pronounce judgment on The case of Jiang Qiulian v. Liu Xin over the right to life, body and health. At about 9 p.m. on December 30, Jiang Qiulian and her lawyer, Huang Leping, received an oral notice from the court that the presiding judge was unwell and would cancel the morning session on December 31, which had previously been summonsed.
Jiang Qiulian expressed her willingness to visit the presiding judge in the hospital, and at the same time hoped that the verdict would be issued today. But she also said she was willing to wait, "so many years have waited, what can't wait for these days." ”
On January 10, 2022, the Chengyang District People's Court of Qingdao City, Shandong Province, rendered a first-instance judgment in the dispute between the plaintiff Jiang Qiulian and the defendant Liu Nuanxi over the right to life: The defendant Liu Nuanxi compensated the plaintiff Jiang Qiulian for various economic losses of 496,000 yuan and a consolation payment of 200,000 yuan for mental damage within 10 days of the effective date of the judgment, and bear all the case acceptance fees.
Jiang Qiulian expressed respect for the court's judgment: "I respect the court's judgment, I am going to tell Jiang Ge this result, and my mother has done it." ”
At the same time, Jiang Qiulian expressed her gratitude to all those who supported her, to his lawyers and all parties in the court.
"From the moment I took on this case, I was ready to lose money."
Huang Leping, director of Beijing Yixian Law Firm, sighed. As for the current judgment result, Huang Leping said that it is basically within his expected options, "It should be said that the judgment adopts our core view, that is, Liu Nuanxi has obvious fault and should bear civil compensation liability according to law."
In the future, some people want to do good things, and some people are willing to do good things, and they don't have to worry and be afraid as before. Because the adjudication standards set by the judiciary give them more security and give them more confidence in doing good things. ”
In China's rule-of-law society,—— justice may be late, but I believe it will never be absent.