Why Li Fei, who is only a few years old, killed her 8-year-old son YaoYao, the reason for this has always been a secret with her suicide. But their deaths brought more than pain to their loved ones, but also a lawsuit. The ex-husband Lin Li took the former Yue family to court, demanding that they compensate Yao Yao for various economic losses of more than 1.48 million yuan within the scope of inheriting Li Fei's inheritance. Recently, the Pudong New Area People's Court made a first-instance judgment on the case.
The mother killed her son and committed suicide, leaving a room of grief
Lin Li and Li Fei were originally a pair of Bi people, and they entered the marriage hall in 2008. 3 years later, the crystallization of the love between the two - the son YaoYao fell to the ground, unfortunately, the birth of the son did not make the small family more harmonious, the two gradually went to a strange road. According to Lin Li, after getting married, the original flowers before and after the moon have become chai rice oil and salt in real life, and various family trivia have caused contradictions, and eventually the relationship between the two has broken down. They divorced by agreement in 2015, when Yao Yao, who was only 4 years old at the time, lived with Li Fei.
However, to Lin Li's surprise, the summer vacation of 2019 was unexpected. Lin Li recalled that on the day of the incident, Li Fei and her son stayed in a five-star hotel in Suzhou. On the night of check-in, Li Fei strangled Yao Yao to death in the bathtub and then hanged herself. The relevant criminal cases have now been dismissed due to the death of criminal suspect Li Fei. Lin Li said that the death of his son Yaoyao had brought him irreparable mental damage, and Li Fei should bear full responsibility for the outcome of Yaoyao's death. Now, as the legal heirs of Yaoyao, he requires Li Fei's parents to compensate li fei for death compensation of 1360680 yuan, funeral expenses of 42,792 yuan, consolation of mental damage of 50,000 yuan, and lawyers' representation fees of 30,000 yuan within the scope of inheriting Li Fei's estate.
Former Yue family: The daughter has passed away, and there is no direct evidence to prove that she is the murderer
Regarding the former son-in-law's litigation claims, Li Fei's parents believe that the public security organs only found Li Fei to be a criminal suspect and did not have direct evidence to prove that Li Fei killed Yao Yao, so Lin Li's claim that Li Fei was a direct infringer lacked basis. Even if it is determined that Li Fei killed Yao Yao, but this case is a special tort, the Criminal Law and the Criminal Procedure Law are the basic laws that specifically regulate this kind of tort, so the relevant provisions of the Criminal Law and the Criminal Procedure Law should be applied preferentially to the compensation issue of criminal acts, and according to the Interpretation of the Supreme People's Court on the Application of the Criminal Procedure Law of the People's Republic of China, if the criminal act causes the death of the victim, there is no need to compensate for death compensation, consolation money for mental damage, and lawyer's agency fees, so only funeral expenses need to be compensated in this case.
Li Fei's parents also said that if the court supports the death benefits, they should also participate in the distribution. Because they are also close relatives of the victim YaoYao, and Yaoyao has been brought up by the two since birth, the relationship is relatively close, so even if it is handled in accordance with the relevant provisions of the Inheritance Law, because the two have taken care of Yaoyao before his death, they can also distribute the estate appropriately. Li Fei's parents also told the judge that Lin Li had been harassing and abusing them and Li Fei for many years, and even beating them. In their view, if Lin Li had not cheated on others, it would not have led to the current situation, so Lin Li also had an unshirkable responsibility for the deaths of Li Fei and Yao Yao.
Court: Financial compensation for close relatives who cannot obtain consolation in criminal proceedings
After trial, the court held that a citizen's right to life is protected by law, and those who infringe on the right to life of others shall bear civil liability. Combined with this case, it can be proved from the public security organ's decision to revoke the case that there is a causal relationship between the death of the victim Yao Yao and Li Fei, and that Yao Yao's death was caused by the criminal suspect Li Fei. However, after the public security organs have also conducted a detailed investigation of the entire case, it is not that the facts of the case have not been clarified if the criminal suspect commits suicide.
With regard to Li Fei's parents' argument that the case was a criminal case and that the scope of compensation should be determined in accordance with the relevant provisions of the Criminal Procedure Law, the court held that Li Fei committed suicide after killing the victim YaoYao, the criminal case was revoked due to Li Fei's death, it was impossible to pursue Li Fei's criminal responsibility, the criminal procedure was concluded, Li Fei chose to commit suicide after being suspected of committing a crime, evaded the trial of the state public power, and it was no longer possible for the victim's close relatives to achieve fair justice and spiritual comfort through criminal proceedings. Therefore, the relevant provisions of the Tort Liability Law should be applied to determine the scope of compensation in this case, so the above-mentioned arguments of Li Fei's parents lacked basis and the court did not adopt them. The argument that Li Fei's parents also had the right to distribute death compensation was not based on law and was not accepted by the court. The court did not accept the argument that the two defendants had raised the view that Lin Li was responsible for Yao Yao's death, which was also unfounded.
In summary, Lin Li, as a close relative of YaoYao, claimed that death compensation, funeral expenses, consolation payments for mental damage, and lawyers' representation fees all complied with the law, and the court upheld them. Because Li Fei is dead, her liability for compensation shall be limited to the actual value of her estate in accordance with the law, and Li Fei's parents, as the legal heirs of Li Fei, shall bear the liability for compensation within the scope of inheriting Li Fei's estate. In the end, the court ordered Li Fei's parents to compensate Lin Li for more than 1.46 million yuan within the scope of inheriting Li Fei's inheritance. (All pseudonyms in the text)
Reporter | Chen Yingting
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