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Law

Sentencing media in the first instance of Jiang Ge case: a declaration on punishing evil and promoting good

2022-01-12   

On January 10, the people's Court of Chengyang District, Qingdao City, Shandong Province made a judgment of first instance on the dispute over the right to life between the plaintiff Jiang Qiulian (Jiang GE's mother) and the defendant Liu Wenxi (Liu Xin): the defendant Liu Wenxi compensated the plaintiff Jiang Qiulian for various economic losses of 496000 yuan and spiritual damages of 200000 yuan within 10 days from the date of entry into force of the judgment, and assumed all case acceptance fees. (see A5 for relevant reports) This is a gratifying judgment and a declaration to punish evil and promote good. The Supreme People's court has repeatedly stressed that in the field of civil justice, we should vigorously carry forward the core socialist values, carry forward the traditional virtues of the Chinese nation, give full play to the function of judicial adjudication in punishing evil and promoting good, resolutely say no to the practice of "peace and thin mud", and let the whole society be full of righteousness and justice. The verdict of the first instance of Jiang Mu v. Liu Xin clearly declared to the world what is good and what is evil, and realized the organic unity of legal effect and social effect. Although there are not many claims actually supported by jiangmu compared with the claim amount of 2.07 million, its core views and demands are reflected in the judgment. In fact, the most important thing is not the amount of compensation, but the court's characterization of the case. After the first trial, Jiang's mother admitted that she would not accept Liu Xin's apology. "When we first met in 2017, Liu Xin apologized to me in front of the camera, but turned around and continued to attack and slander Jiang Ge on the Internet. All this is because she wants to escape legal responsibility. If she sincerely apologized, there would be no case today." A clear distinction between right and wrong and between good and evil is the biggest impression left by the outcome of the first instance. The judiciary unequivocally supported Jiang GE's righteous deeds. The judgment pointed out that as a female student studying in a foreign country, Jiang Ge helped her compatriots in trouble, gave sincere care and help, and lost her life due to illegal infringement. Her selfless act of helping others should be praised, and her illegal infringement should be given legal relief. For what Liu Xin did, the judiciary condemned him unequivocally. On the one hand, Liu Xin did not truthfully inform and remind Jiang ge of the danger of infringement introduced by him. In order to protect himself, Liu Xin ignored the safety of others' lives and blocked Jiang Ge from being killed outside the door; On the other hand, instead of feeling grateful and giving compassion and comfort to the relatives of the deceased, they stimulated each other with inappropriate words, aggravated the pain of others, and their behavior was contrary to common sense and human feelings. According to the analysis of a lawyer, the 200000 spiritual solace awarded this time is relatively high in China, which is four times the 50000 yuan basis of routine serious mental damage. This may be the result of the court's consideration based on Liu Xin's irritating language to Jiang GE's mother on his microblog. This also reflects the judicial full affirmation of Jiang GE's righteous deeds and full sympathy for Jiang's mother's spiritual injury. Justice should take a clear-cut stand to punish evil and promote good, so that those who do good will be treated well, so that violators pay the price, and so that the people can feel fairness and justice in every judicial case. One of the important functions of judicial adjudication is to guard the social moral bottom line, promote virtue and righteousness, and guide the whole society to respect morality and goodness. Every judicial judgment should become a declaration of punishing evil and promoting good. (Chen Guangjiang) (outlook new era)

Edit:Luo yu Responsible editor:Wang xiao jing

Source:Beijing Youth Daily

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