Text / Picture Du Xianfu
Ren Yonglin's aunt and brother-in-law were recorded during the interview, and Ren Yonglin was behind him
The girl in the flower season died innocently
Ren Hongqiong was born in December 1988 in a village cadre family in Group 2, Dyefang Village, Bajiao Township, Jialing District, Nanchong City, Sichuan Province. His father, Ren Yonglin, served as a soldier, joined the Communist Party of China in the army, and served as an accountant in Dyefang Village for a long time after being discharged from the army. Her mother, Zhang Xiuying, worked as a farmer at home.
In September 2001, Ren Hongqiong, who turned 13 months short of three months, was admitted to junior high school, and was escorted by her mother Zhang Xiuying to Shilou Township Junior High School, 20 miles away from home, on September 5, and became a freshman in the second class of the first grade.
Since the school does not have dormitories, the school asks students who are far away from home to seek accommodation near the school by relatives and friends.
When Zhang Xiuying was looking for accommodation for her daughter, she happened to meet her husband Ren Yonglin's classmate in junior high school and Han Mouxian, a construction boss who lived in Shilou Township.
Han Mouxian said that his house has a vacant room, which is only more than 100 meters away from the school, which is very convenient, and asked Ren Hongqiong to go to his house to stay. and asked Ren Hongqiong to find about 10 more classmates by the way and go to live together.
So, Ren Hongqiong invited more than 10 male and female classmates to live in Han Mouxian's house, and agreed to pay Han Mouxian 200 yuan per semester for water and electricity bills in each room.
Because Ren Hongqiong's father is Han Mouxian's classmate, Han Mouxian takes special care of Ren Hongqiong and lives in a single room, while the other classmates live in a room.
Han Mouxian's wife Wang Wenqiong is very fond of Ren Hongqiong, and asks Ren Hongqiong to eat together, and takes great care of Ren Hongqiong in life.
At about 8 o'clock in the morning on September 28, 2001, Han Mouxian suddenly called Ren Yonglin and said: "Ren Yonglin, hurry up to Shilou Township, your daughter was killed by my wife last night." ”
Ren Yonglin was immediately stunned, and hurriedly called his aunt and brother-in-law Pu Zhensheng, who lived in Nanchong City, and said: "My second daughter was killed, please ask my aunt and brother-in-law to go to Shilou Township as soon as possible." We'll see you in Shilou Township. ”
At about 10 o'clock in the morning, when Ren Yonglin, Zhang Xiuying and his wife, and his aunt-in-law Pu Zhensheng rushed to Shilou Township, Han Mouxian's house was already crowded with people. Public security and township cadres have already arrived at the scene.
Ren Yonglin and his relatives and friends asked to see Ren Hongqiong's body, but the police refused to see her. Ren Yonglin and his relatives and friends asked the police, "Why can Han Mouxian come and go freely, and why can't the relatives of the deceased take a look at the body!"
The public security officers said that if they are not allowed to see it, they will not be allowed to see it, and this is the rule. One side asked to see the body, the other side refused to see it, and the two sides were at a stalemate.
Exactly six or seven hours passed.
It wasn't until about 4 p.m. that the police wanted to transport the body away, but Ren Yonglin and hundreds of people present strongly demanded that the autopsy be conducted on the spot.
After repeated coordination, Ren Hongqiong's body was finally carried outside.
After an inquest, Ren Hongqiong was beaten on the back of her head, her flesh and blood were blurred, there was a hole in her forehead, her right wrist and fingers were broken, there were pinch marks on her neck, blood blisters on her arms, swollen vulva with blood stains, blood stains on her underwear, and blood stains on the sand ball that stabbed into her vagina.
When the forensic doctor examined the deceased's vagina, he muttered a few words to the criminal police captain Wang who was present, and Wang immediately told Han Mouxian, who had been freely entering and leaving the scene, not to move around.
After that, Han Mouxian was taken to the Public Security Bureau for investigation.
After the inquest of the injuries was completed, Ren Hongqiong's body was sent to the Nanchong City Funeral Home by the public security police for storage, and Ren Yonglin and his wife were asked to go home to wait for the treatment notice.
Ren Hongqiong, this bud-like girl, her life has come to an end forever.
Town government cadres and police station directors catch knives and ghostwrite: family members "agree" not to have ashes
On September 29, the Jialing District Public Security Bureau notified Ren Yonglin to go to the Public Security Bureau, Ren Yonglin was still in extreme grief and indignation, his mind was dizzy, and he was worried that he would go to the Public Security Bureau to make a mistake, so he asked the branch secretary to live with him.
When he arrived at the Criminal Police Brigade of the Public Security Bureau, a police officer took out a document and asked Ren Yonglin to sign, Ren Yonglin took the pen and wanted to sign, and the branch secretary saw that the police officer folded the upper part of the material, so he said to Ren Yonglin: "Yonglin, you don't sign in a hurry, you read what the material is written and then sign,"
When the police officer heard that the secretary said that he wanted to see the materials, he hurriedly said, "Oh, I took the wrong one." ”
The police officer grabbed the materials, and then called Ren Yonglin to another room, took out a copy of the materials and asked Ren Yonglin to sign them, and the police officer still folded the upper part of the materials.
Ren Yonglin completely believed that the public security officers were impartial, so he signed the text without even looking at what the material was.
When he came out, Ren Yonglin passed by an office and saw Han Mouxian drinking tea and talking and laughing with the police officers in an office, not like a suspect at all.
Ren Yonglin didn't care at the time, Ren Yonglin was a member of the Communist Party and a village cadre, and he himself was a person who worked for the people, so he completely believed that the public security organs also did things for the people, and he believed that the police would definitely handle the case impartially.
On September 30, Ren Yonglin was again notified to go to the Xixing Work Committee of Jialing District to hear the results of the investigation, and no more than five people were asked to go.
Ren Yonglin and his wife and aunt and brother-in-law came to the Xixing Working Committee. More than 10 leaders from the Xixing Working Committee, the Shilou Township Party Committee, the Bajiao Township Government, the Criminal Police Brigade of the Public Security Bureau, and the Xixing Police Station had already attended the meeting.
At the meeting, the leader of the criminal police brigade briefly described the situation of the case, he said: "Ren Hongqiong's death was because Wang Wenqiong suspected that she had taken 6 yuan, Wang Wenqiong wanted to search Ren Hongqiong's body, Ren Hongqiong was killed by Wang Wenqiong if he did not agree, and when Ren Hongqiong was killed, Wang Wenqiong's nerves were normal." ”
At the meeting, the process of Ren Hongqiong's murder was not described in detail, and the autopsy was not read out.
Ren Yonglin and his wife suspected that Ren Hongqiong had been raped and killed, and asked to see the autopsy report, and asked for a new autopsy on whether Ren Hongqiong had been raped and killed.
The leaders of the Criminal University said that the body had been examined, and that the autopsy report could only be seen at the Public Security Bureau in the afternoon.
In the afternoon, Ren Yonglin and his aunt and brother-in-law Pu Zhensheng came to the criminal police brigade together, the police took out the autopsy report, Ren Yonglin saw about a third, and a police officer came and said: "Don't look at it, don't look at it, I'm going to send it to the procuratorate soon!"
With that, he took the autopsy report away.
Ren Yonglin insisted on suspecting that his daughter was raped and killed, and asked the Public Security Bureau to re-autopsy in order to give an accurate statement.
The police officer said that the person was killed by Wang Wenqiong, and after review, Han Mouxian had no problem, and he had already gone back. Ren Yonglin was always skeptical of this explanation, insisting that the public security organs re-autopsy and investigate whether his daughter had been raped and killed.
The police told him that the handling of the case was the business of the public security organs, and hoped that he would believe that the public security organs would handle the case impartially and told him to go back and wait for the final result.
National Day is a long holiday. Ren Yonglin patiently waited until October 10, and then went to the Public Security Bureau to inquire about the final results, but the criminal police brigade said that the police officers who were in charge of the case were not there, and the situation was not clear.
A few days later, Ren Yonglin, who was still waiting for the final result of his daughter's killing, received shocking news: Wang Wenqiong was released because she was mentally ill when she killed someone.
It turned out that around October 20, after Wang Wenqiong was released, Han Mouxian's brother took Wang Wenqiong's release certificate and loudly proclaimed on Shilou Street, saying that Wang Wenqiong was mentally ill and did not bear criminal responsibility for killing people, and had been released.
At the same time, the Shilou Township Party Committee held a meeting of cadres and emphasized that no one was allowed to say that Ren Hongqiong was raped and killed by Han Mouxian, but could only say that Wang Wenqiong killed him, and Wang Wenqiong was mentally ill. Wait a minute.
Upon learning of these circumstances, Ren Yonglin and his wife hurriedly went to the Public Security Bureau to inquire, and it turned out that Wang Wenqiong had indeed been released.
Ren Yonglin questioned the case-handling personnel about what was going on, and the case-handling personnel told him: After the evaluation of the Nanchong City Psychiatric Hospital, Wang Wenqiong was mentally ill and did not bear criminal responsibility for killing people.
also said: Wang Wenqiong is mentally ill, she killed someone, and her guardian should be liable for financial compensation, and Ren Yonglin can write an application to the Public Security Bureau to ask Han Mouxian to compensate for economic losses.
Ren Yonglin and his wife were very angry. believes that the daughter's death is unclear, whether the daughter was raped and killed, the autopsy and laboratory examination of the public security organ should have a clear statement.
As a result, they immediately verbally requested a re-autopsy, but they refused. They again applied in writing, which was still denied.
Ren Yonglin and his wife believe that their daughter is their own flesh and blood, and they have suffered misfortune, and their parents have the responsibility to find an accurate explanation for their daughter's death.
The public security bureau will not re-autopsy, so they plan to go to the authority or the judicial department to re-autopsy through other means.
So, they went to the funeral home and asked about the preservation of their daughter's body.
To their heartbreak, the funeral home leader told them that their daughter had been cremated as early as September 29, the day after the crime. The public security organ issued a cremation certificate with the signatures of Pu Qunzhang, a cadre of the township government, and Sun Xingxu, the head of the police station.
Oh my God, my daughter was cremated the day after she was killed, isn't that evidence destroyed?
Mom and Dad have also repeatedly pinned their hopes on a re-autopsy in order to find a clear account for their daughter's death.
Unexpectedly, my parents didn't even know the news, and the body was cremated. Ren Yonglin and his wife were very sad and asked the funeral home what was going on with the cremation of the body.
The leader of the funeral home said: At that time, the public security bureau wanted to transport the body to the crematorium, and he felt very sudden. Because of the usual practice, this situation generally does not urge the cremation of the body, and he planned to prevent the body from being removed, but the public security bureau had a certificate and someone signed it, so he had to let it go.
He felt very strange at the time, not only did the family members not sign for the cremation of the body, but they also didn't even want the ashes, which was too unkind!
"What, the family doesn't even want to have ashes, who said that!"
Ren Yonglin and his wife were even more surprised, and the funeral home leader immediately took out the certificate to show Ren Yonglin and his wife, and it was indeed written:
"The victim's family, parents, relatives, etc., agreed to be cremated this afternoon by Ren Hongqiong, a student from Shilou Township, who caused Wang Wenqiong to die, and the family agreed not to have ashes."
The signatories were Sun Xingxu, head of the Xixing Police Station, and Pu Qunzhang, a cadre of the Shilou Township Government.
Looking at the proof, Ren Yonglin and his wife were extremely angry.
When did they participate in the study and agree to cremate their daughter's body?
When did they agree not to have ashes?!
Are they parents, don't they even have a minimum of human humanity?!
How can you be so cruel to your own flesh and blood that you don't even want ashes!
Ren Yonglin and his wife believe that the public security organs and the township government have taken a knife and written on behalf of the people, urged the cremation of the corpses, and pretended to be family members without ashes, which is completely destroying evidence, and it is possible that some people are doing tricks and feet to cover up the crimes of the criminals.
The couple's hearts are like a volcano, and they are ready to erupt at any time with the stubbornness of asking for an explanation for their daughter's death.
讨说法，讨来身陷囹圄的无尽悲哀
The daughter suffered tragically, Ren Yonglin and his wife suspected that they were raped and killed, but the public security organs did not file a case for rape and murder, and they also released Wang Wenqiong on the grounds that the murderer was mentally ill.
Ren Yonglin and his wife were not satisfied with the handling of the public security organs, and repeatedly demanded that the case be reopened for investigation. However, the Public Security Bureau has always refused to reopen the case on the grounds that Wang Wenqiong was mentally ill at the time of the killing.
There was no way to find the Public Security Bureau, so Ren Yonglin and his wife went to the Shilou Township Government.
But every time he went to the township government, he was turned away by the staff, saying that the person Ren Yonglin was looking for was not there. Either I went to a meeting or I went to the countryside.
Once, Ren Yonglin invited a reporter from a newspaper in Chengdu in Nanchong to go with him, and the person who received him was obviously the secretary of the township party committee, but the secretary said that "the secretary went to the countryside."
It just so happened that a village cadre came to report to the secretary and pointed out the identity of the secretary on the spot, and the reporter asked to interview the secretary, but the secretary was unwilling to be interviewed, but invited the reporter to Nanchong City for dinner, but the reporter flatly refused.
I went to the public security organs and the township government again and again, but I was always turned away and ignored.
Ren Yonglin and his wife refused to give up, and looked for it at every opportunity.
On November 21, 2001, Ren Yonglin and his cousins Ren Yongyou and Ren Yongheng took the opportunity to come to the Shilou Township Government again, but the township government closed its doors and could not find anyone.
Zhang Xiuying, her cousin and others knocked on the door and asked where the person was, and a staff member signed in to work and said, "What's the trouble, sit down and talk about something."
Ren Yongheng and Ren Yongyou grabbed the staff member, and the staff member broke free and ran away. Zhang Xiuying and others were very angry, saying that no one in the township government was going to work, so what were the signs for, so they took down the three tags of the Shilou Township Party Committee, the government, and the presidium of the People's Congress.
Because there were many people at the scene, hundreds of people came to see the excitement when they heard the news, and the township government was surrounded by water.
The scene at the time of the incident (remade by the author)
The Xixing Town Police Station received a report, the director Sun Xingxu and others rushed to Shilou Township, and Zhang Xiuying asked Sun, "Which signature did my daughter's cremation take, this is evidence of destruction." ”
Sun replied: "I signed it." ”
Zhang then twisted Sun, and the accompanying police officers quickly handcuffed Zhang Xiuying with handcuffs, causing a commotion among the crowd and more and more onlookers.
At about 1 o'clock next year, Deputy Director Yue Guosen summoned the masses to the Shilou Township Government to introduce the handling of the case of Ren Hongqiong's murder, and when Sun Xingxu, director of the Xixing Police Station, was about to introduce the situation, the masses rioted, and the public security mobilized police forces to arrest more than 40 people, and the situation was calmed down.
In the chaos, Zhang Xiuying returned home with handcuffs.
More than 40 people, including Ren Yonglin, his eldest daughter Ren Hongxiu, his cousins Ren Yongyou, Ren Yongheng, and Zhang Lin were escorted to the Jialing Public Security Bureau for interrogation.
Ren Yonglin's father and daughter and dozens of people were sentenced to up to 15 days of public security detention and fines ranging from 300 yuan.
Ren Yongyou, Ren Yongheng, and Zhang Lin were prosecuted by the public prosecution on charges of obstructing the execution of official duties.
On 22 March 2002, the Jialing District People's Court sentenced Ren Yongyou and Ren Yongheng to one year's imprisonment for obstructing the execution of official duties, while Zhang Lin was sentenced to five months' detention.
Besides, Zhang Xiuying, after escaping home in handcuffs that day, sat at home and wept all night.
The next day, Yue Guosen, deputy director of the Jialing District Public Security Bureau, led the police officers to his home to prepare to take measures against Zhang.
On the third day, seeing that Ren Yonglin's 78-year-old mother was frail and sickly and had no one to take care of her, he called the village party secretary and asked the village party secretary to be a guarantor, restricting Zhang Xiuying to "not talk nonsense, not to move around, and not to sue", and asked Zhang Xiuying to sign the note of "three prohibitions", which opened the handcuffs for Zhang.
Half a month later, Ren Yonglin's father and daughter were released and returned home, and the family hugged and cried.
The beloved daughter was killed, and there was no murderer, but the discussion of the law caused the pain of imprisonment, and also caused relatives, friends and neighbors to suffer, Ren Yonglin and his wife really couldn't figure it out. When they went to the provincial capital and Beijing to petition, the reception department told Ren Yonglin to trust the local government and competent authorities, and told them to go back to the local area to deal with it.
On the afternoon of April 11, 2002, Ren Yonglin and his wife delivered petition materials to the Nanchong Municipal People's Congress, the government, the municipal party committee, and the municipal public security bureau.
After finishing, the couple was about to go to the car home, but when they walked to the street, they were stopped by several patrol policemen and said: "You are Ren Yonglin and Zhang Xiuying, come with us, I have something to ask you." ”
Ren Yonglin and Zhang Xiuying were immediately taken to the Shunqing District Branch of the Nanchong City Public Security Bureau, and two hours later, the Jialing District Public Security Bureau arrived and sent Ren Yonglin and his wife to the detention center where they were locked up.
The next day, Ren Yonglin was released, but his wife Zhang Xiuying was detained.
On April 23, the Jialing District Procuratorate announced the arrest of Zhang Xiuying.
On 22 August, the Jialing District People's Court sentenced Zhang Xiuying to eight months' imprisonment for obstructing the execution of official duties on 21 November 2001, with a term of imprisonment from 12 April 2002 to 11 December 2002. On October 7, the Nanchong Intermediate People's Court ruled to reject the appeal and uphold the original verdict.
With regard to the above verdict, Zhang Xiuying's attorney defended her innocence on the grounds that Zhang Xiuying had sought the relevant departments to solve the problem for her daughter's murder and had no intention of obstructing official business. On November 21, 2001, several people had been sentenced and many people had been detained, and Zhang was arrested after nearly half a year.
However, the court did not accept the defender's arguments. According to Ren Yonglin, who was "pointed" by an insider, the reason why Zhang Xiuying was sentenced was because Ren Yonglin and his wife petitioned everywhere, and the court had no choice but to do so because they carried out the orders of the higher-ups.
Ren Yonglin said that some public security officers warned him, "If Ren Yonglin sues again, you can only add another crime to Zhang Xiuying! Going to the public security bureau can only be your choice to go to a dead end."
Woohoo, what does Ren Yonglin have to say!
After twists and turns, the murderer was finally sentenced to life imprisonment
Ren Yonglin was extremely indignant when his wife was imprisoned, but Wang Wenqiong, the suspected murderer identified by the public security organs, was released because he was "mentally ill" and did not inform the relatives of the deceased.
However, the public security organs persuaded Ren Yonglin to "stop jumping" and that it was best to ask for civil compensation as soon as possible, and the public security organs would also help the family of the deceased to seek compensation from the insurance company for personal injury or death.
But Ren Yonglin resolutely refused.
On August 29, 2002, at the request of Ren Yonglin's repeated applications, the Sichuan Southwest Judicial Appraisal Center re-appraised Wang Wenqiong. On September 9, he concluded: "The person who was evaluated, Wang Wenqiong, was diagnosed with hysteria. The murder of Ren Hongqiong on 27 September 2001 was affected by illness, and her ability to control was weakened and she had the ability to limit responsibility. ”
On 23 September 2002, Wang Wenqiong was taken into custody.
On November 21 and December 26, 2002, the procuratorate returned the case for supplementary investigation on the grounds that the facts were unclear and the procedures were illegal.
On 14 March 2003, the Jialing Public Security Bureau again transferred the case for review and prosecution. On April 25, 2003, the Nanchong City Intermediate People's Court held an open hearing to hear the case of Wang Wenqiong's intentional homicide. Wang Wenqiong shouted "wronged" in court, saying that she "didn't lose 6 yuan" and "didn't kill Ren Hongqiong".
Wang Wenqiong's husband, Han Mouxian, asked for a reappraisal of Wang Wenqiong.
On September 18, 2003, the Nanchong Municipal Intermediate People's Court reported to the Supreme People's Court for approval, and the Beijing Municipal Mental Illness Judicial Appraisal Committee appointed an expert to conduct an evaluation of Wang Wenqiong, and the conclusion was that the person being evaluated, Wang Wenqiong, had a medical diagnosis of psychopathic psychosis, and that Ren Hongqiong was killed on September 27, 2001, with realistic motives, no identification disorders, and weakened control ability, and should be assessed as a partial capacity for criminal responsibility. ”
On December 11, 2003, the Nanchong City Intermediate People's Court held in the first instance that the defendant Wang Wenqiong suffered from hysterical psychosis and had some capacity for responsibility, and could be given a lighter punishment. Therefore, the verdict: the defendant Wang Wenqiong committed the crime of intentional homicide, was sentenced to life imprisonment, deprived of political rights for life, and compensated the attached civil litigants Ren Yonglin and Zhang Xiuying for funeral expenses, transportation expenses, lost work expenses, etc., totaling 2,900 yuan, and his civil liability for compensation was borne by his legal representative Han Mouxian.
After the verdict was handed down, the defendant's legal representative, Han Mouxian, appealed on the grounds that his wife suffered from paranoid psychosis, was incapable of responsibility, and the sentence was too heavy.
The plaintiffs in the attached civil lawsuit, Ren Yonglin and Zhang Xiuying, were also dissatisfied with the judgment of the civil part and requested that the Shilou Township Primary School in Jialing District be ordered to bear civil liability.
On 27 February 2004, the Sichuan Provincial High People's Court, after reviewing the case file, found that the facts were clear and decided not to hold an in-court trial. A ruling was immediately made: the facts ascertained in the original judgment were clear, the law was correctly applied, the amount of sentencing and compensation was appropriate, and the trial procedures were lawful. The grounds of appeal of the defendant's legal representative in the original trial were not accepted, and the appeals of Ren Yonglin and Zhang Xiuying, the attached civil litigants of the original trial, were rejected and the original judgment was upheld.
Ren Yonglin and Zhang Xiuying rushed to the author's work unit from more than 200 kilometers away to request an interview
asked for the return of his daughter's ashes and chose to sue helplessly
Immediately, Ren Yonglin and Zhang Xiuying decided to ask for an explanation for their daughter's bones after her unjust death.
They originally planned to go to the public security bureau and the township government, but some well-wishers "warned" them, saying that the last time Zhang Xiuying and her relatives and friends were imprisoned, it had proved what the outcome of going to the township government and the public security would be. Relatives and friends advocated that if they wanted to sue, they could only sue the funeral management department and the funeral home.
Therefore, on August 27, 2003, Ren Yonglin and his wife respectively pushed the Nanchong City Funeral Management Office and the Nanchong City Funeral Home into the dock, requesting the delivery of Ren Hongqiong's ashes and compensation of 50,000 yuan for mental damages.
On September 19, 2003, the Jialing District People's Court of Nanchong City held an open trial. According to the actual situation, the presiding judge hoped that the plaintiff would withdraw the lawsuit against the defendant's funeral management office, and the plaintiff agreed, and then agreed with the plaintiff to withdraw the lawsuit against the funeral management office in court.
The defendant funeral home argued in the lawsuit that the funeral home cremated Ren Hongqiong's body and disposed of the ashes in order to implement the decision of the public security organ and the township government. And provided a "proof" as mentioned earlier.
The plaintiff's attorney keenly saw that the certificate provided by the funeral home on September 30 was stamped with the official seals of the "Xixing Police Station" and the Shilou Township Government.
However, the "certificates" that the plaintiff had previously extracted from the funeral home were not stamped with the official seals of the above two units.
In this regard, the plaintiff's attorney questioned the defendant what was going on. The defendant had to admit that the official seal was stamped by the Xixing Police Station and the Shilou Township Government after the funeral parlor defendant went to court.
The plaintiff pointed out sharply that this was a blatant violation of the law.
At the same time, the body of the deceased Ren Hongqiong had been cremated on September 29, and on September 30, he was still pretending to study the cremation matter, and decided not to have ashes, which was completely an ulterior motive of others.
The plaintiff has every reason to believe that this is an illegal act by Sun Xingxu of the Xixing Police Station and Pu Qunzhang of Shilou Township.
In this regard, the court was requested to confirm that the proof was invalid for violating the law.
However, the judge said that the affixing of the official seal is an additional confirmation of the two units' acts, and should be regarded as legal and valid.
The plaintiff pointed out that there were so many people in the certificate who participated in the study, why didn't they sign the certificate. The plaintiffs argued that they did not sign and did not participate in the study at all. Just as the plaintiff did not participate in the research but was written into the certificate to participate in the research, it was completely fabricated and falsified by someone else.
The plaintiff also pointed out that it was assumed that the persons listed in the certificate had actually participated in the study, but it was not known what their motives were.
The agent of the defendant (i.e., the funeral home) said in a self-deprecating tone: I don't know why they are so enthusiastic. Why are these officials who enjoy tax revenues so active, and I don't know what kind of name they have here.
Next, the defendant argued that the defendant was not at fault or infringing in carrying out the decision of the relevant authorities. The plaintiff was not the client for the cremation of the deceased's body, and there was no contractual relationship between the funeral home and the plaintiff for the disposal of the body and ashes. In other words, the funeral home did not go to the plaintiff to pull the body, nor was it the funeral home where the plaintiff sent the body, and the plaintiff had no right to file a lawsuit against the defendant and ask the court to dismiss the plaintiff's claim.
On October 15, 2003, the court of first instance rendered a judgment, holding that, since Ren Hongqiong's unnatural death and the cremation certificate issued by the Jialing District Criminal Police Brigade were acts of the Jialing District Public Security Bureau in disposing of the deceased's body, and complied with the relevant provisions of the "Sichuan Provincial Regulations on the Administration of Funerals", although the Xixing Police Station and the Shilou Township Government wrote on the certificate that the deceased's family did not want ashes, the deceased's family did not sign it, so the defendant should follow the "Detailed Rules for the Implementation of the Nanchong City Funeral Management Measures" Article 15 stipulates that the ashes shall be temporarily stored in the funeral home, or the ashes shall be handed over to the public security organs.
Therefore, the defendant's act of disposing of the ashes without authorization was at fault, which infringed on the interests of the plaintiff and caused certain damage to the spirit of the second plaintiff. In accordance with the provisions of Article 3 and Article 10, Paragraphs 1, 3 and 6 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts, the judgment is as follows:
The defendant Nanchong City Funeral Home compensated the plaintiffs Ren Yonglin and Zhang Xiuying for mental damages of 1,500 yuan.
The litigation fee of this case is 400 yuan, which shall be borne by the defendant.
However, both the plaintiff and the defendant were dissatisfied with the first-instance judgment, and both parties appealed.
The court of second instance made the following judgments: revoke the judgment of the court of first instance; reject Zhang Xiuying and Ren Yonglin's litigation request that the Nanchong City Funeral Home hand over Ren Hongqiong's ashes and compensation for spiritual solace; (after the court's work), the Nanchong City Funeral Home voluntarily paid Zhang Xiuying and Ren Yonglin 4,000 yuan in difficulties and help them; and Zhang Xiuying and Ren Yonglin bear a total of 800 yuan in the acceptance fees for the first and second instance cases.
Regarding the above verdict, Ren Yonglin and Zhang Xiuying were deeply helpless.
So helpless that I can't cry if I want to!
The court ruled that she had not signed a relevant contract with the funeral home of the specific perpetrator, so she was not qualified to have a direct civil legal relationship with the funeral home, and the funeral home was not a qualified person to be liable for compensation in this case.
Ren Yonglin and Zhang Xiuying said that according to Article 200 of the "Provisions on the Procedures for the Handling of Criminal Cases by Public Security Organs" adopted by the meeting of ministers of public security on 20 April 1998 and promulgated by Order No. 35 of the Ministry of Public Security on 14 May 1998, "the family shall be notified to collect and dispose of the body that has ascertained the cause of death and has not been retained for further preservation." Where there is no way to notify or the family refuses to take it back after being notified, it may be promptly handled with the approval of the responsible person at a public security organ at the county level or above. ”
However, Ren Hongqiong's body was disposed of, neither the relatives of the deceased were notified, and her cremation was not approved by the person in charge of the public security organ at or above the county level, but the internal functional department such as the criminal police brigade was hurriedly cremated after the next notice.
Ren Yonglin and Zhang Xiuying couldn't figure out why the criminal police brigade was in such a hurry!
Article 241 of the Ministry of Public Security's "Case Handling Procedures" also stipulates that "the public security organ shall inform the criminal suspect or victim of the appraisal conclusions used as evidence." If criminal suspects or victims have objections to the evaluation conclusion and submit an application, upon approval by the responsible person at a public security organ at the county level or above, they may supplement the evaluation or make a new evaluation. ”
However, the Criminal Police Brigade of the Jialing District Public Security Bureau hastily cremated Ren Hongqiong's body, an extremely important piece of evidence, and the victim's relatives requested a re-appraisal but had nothing to identify.
In this regard, the victim's parents have every reason to suspect that the investigators are destroying evidence and covering up the crime.
Besides, after that, a police station chief and a township cadre signed a letter on behalf of the family "don't want ashes", and the police station and township government only affixed the official seal on the certificate when the lawsuit was filed.
Throughout this case, there is so much incredibleness that the reader can feel how incredible it is.
Ren Yonglin's aunt and brother-in-law took the initiative to be interviewed