On March 12, the passion fruit girl’s mother received a notice of the enforcement case closure from the Qinzhou Intermediate Court. The court found more than 100 yuan in the bank card of the murderer Yang Guangyi and returned the 32 yuan that was robbed when the passion fruit girl was killed. Since Yang Guangyi has no other property, the civil litigation part of the case ends here.

“Refund” and “civil compensation” are not the same concept at all. Guangxi Intermediate People’s Court (2021) Gui 07 Zhi No. 130 “Notice of Enforcement Case Closing” can only explain that the criminal part has been executed. How can it be said that the civil part of the case has ended here? ? 1. The connotation of “reimbursement” and the correction of the part of the news. The term “reimbursement” is directly derived from the provisions of Article 64 of the Criminal Law: all property obtained by criminals illegally shall be recovered or ordered to be refunded; and the “Regarding Criminal The article “Understanding and Application of Certain Provisions on the Implementation of the Property Involved in the Judgment” clearly interprets the refund as: “When criminals cannot recover their illegal property due to profligacy or other reasons, they are required to refund the compensation at the corresponding discounted price. The “refund” part should be based on the premise of the recovery of stolen money and stolen goods, and coincide with the disposal of stolen money and stolen goods.” Combining relevant regulations and authoritative interpretations, talk about my understanding of “refunds”: First of all, the scope of refunds is stolen money and stolen goods. , That is, all the property and fruits obtained by criminals illegally. Secondly, the “order to refund” will only be applied when the stolen money or stolen property has been used, destroyed or squandered. When the stolen money or property is still in existence, it should be “recovered” rather than “refunded”. Finally, “returning stolen goods” is active, and “returning compensation” is passive. As far as the difference between refund and compensation is concerned, the premise of “compensation” is that the stolen money and the stolen goods contain the legal property of the victim, otherwise criminals only need to “refund” instead of “compensate”. And please note that the “compensation” in “refunds” refers to a method of forcibly restoring destroyed property relations to the original state by the state machinery at the criminal level, not “compensation” in the sense of civil law. Therefore, the completion of the court’s execution of the “order to refund compensation”, the execution of the death penalty in accordance with the law, and the escort of criminals to prison are all the completion of the criminal case, which has nothing to do with the execution of the criminal incidental civil case, let alone the conclusion of the end of the civil part! Moreover (2021) Gui 07 Zhi No. 130 “Notice of Case Closing of Enforcement Cases” is also very clear, that is, the implementation of “Yang XX Reimbursement Case” without including civil compensation. The basis for execution is the “Order Yang Moumou to refund RMB 32 yuan to the victim’s legal representative Chen Moumou” contained in the judgment of the Guangxi High Court. This is why the court only allocated 32 yuan to the victim’s family, because the deduction of 32 yuan and the remaining money (it seems to be 68 yuan) are not on the same procedural track. 2. The civil compensation part of this case is still going through the procedures and the termination conditions for execution are not met. It is reported that the mother of the “Passion Fruit Girl” and Yang Moumou have reached mediation in the civil compensation lawsuit. Whether the criminal sentence is amended does not affect the validity of the mediation statement. If a certain person fails to perform the compensation obligation contained in the mediation statement within the agreed time limit, his mother may apply for compulsory execution based on the mediation statement. Although Yang Moumou was executed on February 2, 2021, according to the relevant provisions of the Civil Procedure Law, one of the statutory conditions for terminating execution is “after the death of the person subject to execution, there is neither estate nor heir”. At present, Yang’s property has not been fully executed (at least it is mentioned in the news that there is some money left in the bank card), and the court has not issued a notice of termination of execution. 3. Regarding the possibility of applying for judicial assistance for victims, although everyone may not be particularly familiar with the “judicial assistance system”, the system has actually been incorporated into my country’s judicial practice as early as around 2015, effectively promoting social harmony and stability, and vigorously safeguarding it Judicial authority and credibility. The “Opinions on Establishing and Improving the National Judicial Assistance System (for Trial Implementation)” clearly stipulates that the victim of a criminal case who has been victimized by a crime and died, due to the death of the perpetrator or the inability to make compensation, the close relatives who rely on the victim’s income as the main source of income cannot be obtained through litigation. If compensation has caused difficulties in life, it shall be rescued. At the same time, Guangxi Province is relatively advanced in the establishment and improvement of the “judicial assistance system”. The “Measures for the Implementation of the National Judicial Assistance System by the Higher People’s Court of Guangxi Zhuang Autonomous Region (Trial)” also clearly stipulates that the victim of a criminal case died due to a crime and was If the perpetrator dies or is unable to compensate, and the close relatives who rely on the victim’s income as the main source of income cannot obtain compensation through litigation, causing difficulties in life, the party concerned may apply for state judicial assistance. At the same time, the “Measures” also stipulate that the amount of assistance is based on the average monthly salary of the employees in the previous year in the jurisdiction of the case, and generally does not exceed the total salary of 36 months. If the loss is particularly serious and life is particularly difficult, and it is necessary to appropriately break the aid limit, it shall be strictly reviewed and controlled, but the total amount of the aid shall not exceed the amount of compensation that should be judged in accordance with the law. According to the inquiry, the average salary of Qinzhou City in 2019 (not found in 2020) is about 66,000 yuan, and the 36-month salary is about 198,000 yuan, which is compared with the 285,474 yuan economic loss and the 30,000 yuan spiritual comfort fund stated in the mediation statement. It’s a bit worse, but if the application is approved, it will definitely be of great help to the victim’s family! If the judicial assistance procedure does not have a particularly good effect, there is finally an alternative solution outside the law, which is to see if the victim’s attorney can initiate crowdfunding.

zhiwo

By zhiwo

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helpmekim
8 months ago

1. The refund of 32 yuan is to return the 32 yuan that the criminal robbed the girl at the time, instead of killing the person and only need to pay 32 yuan, the criminal has already been sentenced to death. The current media use unscrupulous methods to mislead public opinion with out-of-context headlines for the flow of traffic. This behavior really reduces the credibility of the media and also tarnishes the judicial image. 2. The compensation is paid by the criminal’s personal assets. The criminal is a vagrant and has no money. The family is the same. It is estimated that compensation from the criminal’s home should be unrealistic. The government department should provide assistance to the victim’s family. 3. The Passion Fruit Girl’s murder case was written into the Supreme Law report and the two sessions report, which also shows the law’s attitude towards similar crimes against minors. 4. I sincerely hope that the girl can go all the way well, and that the girl’s family can live better.

heloword
8 months ago

See clearly, it is a refund! Refund! Refund! Don’t be led to the rhythm, refunding does not mean compensation. The so-called refund means that the stolen money is originally the victim’s, and the case can be refunded to the victim even during the trial of the case. In the Passion Fruit Girl incident, the 32 yuan refunded was officially the 32 yuan stolen by the murderer. Therefore, the money was originally the victim’s, so it is better to return it than compensation! In order to attract demands and provoke contradictions, some media like to omit some key information deliberately, in an attempt to confuse the audience and confuse the public, and then achieve the purpose of attracting fans and attracting followers. Wang Xiaozha 4 consultations 527780 times agreed with ¥8 consultation In addition to the 32 yuan returned, the victim’s family can also file a civil claim against the criminal. If the criminal is executed, he can also claim compensation within his share of the estate. There is one detail worth paying attention to: in August 2019, the mother of “Passion Fruit Girl” Chen Liyan filed a separate civil compensation lawsuit in the People’s Court of Lingshan County, and the court presided over Chen Liyan and Yang Guangyi reached a civil mediation. According to the civil mediation statement, Chen Liyan asked the defendant Yang Guangyi to pay 285,474 yuan for economic losses and 30,000 yuan for mental damage. The lawyer said that the civil claim is still in progress. (From media reports) The victim’s mother, Chen Liyan, has filed a civil lawsuit against the criminal, demanding compensation for economic loss and mental damage totaling 315,474 yuan. The civil lawsuit is still ongoing. However, judging from the execution judge’s response, judging from the heritage of the criminals who have been sentenced to death, only more than 100 yuan was found in their bank cards, and the 32 yuan refund was also extracted from the 100 yuan found. If the offender has no other property, the Court of Algorithms finally judged that it would have no practical effect to compensate the victim’s family with a compensation of 100 million yuan. The reality is that the criminals will most likely have no other property to execute. Of course, the families of the victims can also apply for judicial assistance to the judicial organs.

helpyme
8 months ago

How these journalists are doing this is obviously ambiguous. 1. The special feature of this case is that it involves immediate execution of the death penalty, protection of minors, and incidental civil compensation. From a further point of view, judicial assistance will also be involved. 2. The returned 32 yuan is to return the stolen money back, and does not affect the recovery of the incidental civil lawsuit. This is only the first step, but it does not hinder the subsequent incidental civil litigation. Family members may naturally ask for more compensation, but I am not optimistic about how much they can get back. 3. But according to the specific circumstances of the case and the specific circumstances of the defendant. The defendant is an unemployed refugee, and his family is considered extremely poor. Even compensation is far from enough. In the end, family members may apply for judicial assistance. Taking into account the victim’s difficult situation, public relief is essential. 4. Regarding the malignant injuries suffered by minors, social relief and judicial relief are indispensable only for relief and follow-up pensions. This is also the proper meaning of protecting minors.

sina156
8 months ago

Weibo news and Hong Kong gossip magazine are really similar. There is a hot spot to detonate, and no hot spot to create a hot spot will also detonate. 32 yuan is the amount of robbery in the case, not the amount of civil compensation, this amount has nothing to do with human life. If 1 yuan is robbed in the case, then 1 yuan will be refunded; for 5 billion yuan, 5 billion will be refunded. A small part of the media really took all the bamboo shoots. You say that what he sums up is not right, what he said is also an objective fact. You said he summed it up, right? He is deliberately misleading. The Hong Kong media back then also gave the title like this. Jay Chou rides a new motorcycle. Hong Kong media: Lin Yun, a young man in a dark alley, loses weight in order to film “Mermaid”, causing serious endocrine disorders. Hong Kong media: Lin Yun stopped for 4 months to satisfy Stephen Chow

yahoo898
8 months ago

Seeing the headlines of the media, most people are sure to be tempted and feel that “A life is only worth 32 yuan?” However, the 32 yuan is a refund! ! Not to lose! ! The 32 yuan refund was executed based on the fact that the criminal Yang Guangyi robbed the girl of 32 yuan. In other words, if Yang Guangyi robbed the girl of 5,000 yuan, he would also have to refund 5,000 yuan this time. The criminal has no enforceable property, so there is no evidence and claim in the civil compensation part, and the court will issue a ruling to terminate the execution. (As a reminder, once you find enforceable property, you can still report it to the court enforcement judge at any time). Therefore, regarding civil compensation, it may be necessary to wait for the follow-up lawyer to discuss the compensation issue with the criminal’s family, and then wait for the court to settle the civil judgment. In this regard, I think that although the media’s report headlines follow the principle of accuracy, they do not consider easy-to-understand, so it has caused a lot of people’s “misunderstandings”-thinking that this case equates the life of a passion fruit girl to 32 yuan. Provoked the grief and anger of all beings. Compared with the professional term “refund”, why use the word “refund” directly? Why mess with the rhythm? In addition, I want to say that life is priceless and dignified, not a thing that can be measured by money. Even if the actual compensation is 320,000 yuan, it is not worth the weight of a girl’s life. May the girl rest in heaven, be happy and have no more pain. I also hope that the girl’s family members will not be disturbed any more and will not cause them to suffer secondary mental harm.

leexin
8 months ago

Let me recall the general situation of the case for everyone. On October 4, 2018, Yang Guangyi saw that Yang Xiaoyan went to the Passion Fruit purchase spot alone, and had evil thoughts. Yang Guangyi waited for Yang Xiaoyan on the way back home, attempting to violent him. Yang Xiaoyan resisted and cried loudly. She was stunned by Yang Guangyi’s neck with her hand, and then she was put into a snakeskin pocket and taken into a certain mountain. After Yang Xiaoyan woke up, Yang was stabbed in her eyes and neck with a knife. Yang Guangyi then raped her, took her 32 yuan, put it in a snakeskin bag, and carried it down the mountain by rolling, carrying, etc. Soaked in a puddle, then dumped it on a hillside. Then came the case handling process. On July 12, 2019, the man Yang Guangyi was sentenced to death by the court in the first instance for rape. According to a “Civil Mediation Document” produced by the People’s Court of Lingshan County on September 19, 2019, after the court presided over the mediation, the plaintiff and the defendant voluntarily reached the following agreement: 1. The defendant Yang Guangyi compensates the plaintiff Chen Liyan for economic losses of 285,474 yuan; 2. The defendant Yang Guangyi compensated the plaintiff Chen Liyan for mental damages of 30,000 yuan; 3. The case acceptance fee of this case was 3016 yuan, which was borne by the defendant Yang Guangyi; the above agreement did not violate the law and this court confirmed it. Both parties agree that this mediation agreement will be legally effective after both parties have signed or stamped the mediation record. Yang Guangyi refused to accept the verdict and appealed. He claimed that he may be mentally ill and lack the ability to prosecute and defend, and requested a reduction of his sentence. Therefore, the Guangxi Plateau tried again on April 7, 2020. The second instance of Guangxi High Court changed the sentence of “death sentence with a two-year suspension of execution” on the grounds that Yang Guangyi had surrendered. As the result of the revision of this case sparked heated debate, the Supreme People’s Court reviewed the case and ordered the Guangxi High Court to retry the case. On December 28, 2020, the Guangxi High Court sentenced Yang Guangyi to death for rape. On the morning of January 18, 2021, Yang Xiaoyan’s family said that Yang Xiaoyan’s body had been cremated, and the local Civil Affairs Bureau had waived the funeral home related expenses. On February 2, according to the execution order issued by the Supreme People’s Court, Yang Guangyi was executed. On March 12, Yang Xiaoyan’s family received the “Notice of Enforcement Case Closing” sent by the Qinzhou Intermediate People’s Court. So far, the murderer Yang Guangyi has fully executed the return of the victim’s girl and family members, and the family has received a compensation of 32 yuan. It’s important to understand that , If evidence that the murderer’s property is available, the court can execute civil compensation; if not, Yang Xiaoyan’s family can only apply for judicial assistance. In other words, the judge’s judgment complies with the relevant laws of our country, so please don’t be misled by the eyeball media. If you are dissatisfied with the judgment, then of course you can donate to them in your own name. This beast

greatword
8 months ago

1. If a criminal suspect causes personal injury or property damage to the victim, he may be accompanied by a civil compensation lawsuit when the public prosecution is filed by the procuratorate. 2. If it is true that the suspect has no property to execute, it will be meaningless. 3. The state has no obligation to compensate for those who have been violated in a criminal case. If you have a difficult life, you can apply to the civil affairs department for assistance. 4. Compensation for the victim can only be limited to the property of the criminal suspect. No other relatives of the criminal suspect shall be liable for compensation. If other relatives voluntarily undertake it, the law allows it. What the relatives can’t bear, they can only give up,,,,, helpless

loveyou
8 months ago

I just want to briefly talk about it first, I see the idea of ​​this title. First, I saw a 32 yuan. Then I saw the passion fruit girl, and I thought about it through my brain. It seemed like a very tragic murder. Then my whole logic is connected and I feel that it is a murder case. Why is it only related to a 32 yuan? Does this mean that he only paid 32 yuan for killing a person? This title makes me want to click in to see what’s going on? Going back to last year’s topic, I said so much. I just want to prove that one thing is that many media have no lower limit. The reason why he chooses the title like this is very simple. It makes everyone feel the same as me. Killing a person only pays 32. yuan. In this case, traffic and exposure will increase rapidly, and they can also get more benefits. In fact, speaking of this case, he has almost settled the case. The 32 yuan is only because he robbed him of 32 yuan instead of killing a person as long as 32 yuan. The case has been settled. The perpetrator is the death penalty, and the 32 yuan is just an additional bonus. In other words, this title is really misleading, and I hope that you will not be caught up in the rhythm when surfing the Internet in the future.

strongman
8 months ago

There is no problem with the law. I support. Just like the topic of courageous action last time. I will tell you the truth. I will not stand up and watch. I will escape the scene as soon as possible because I have a beautiful wife, a lovely daughter, a house, a car and a deposit. As a result, I was scolded by some keyboard guys. In fact, I still insist that I am more important to my family. The passion fruit girl’s father died bravely. The passion fruit girl wants to buy passion fruit to supplement her household, because her father is gone. The result was tortured and killed by gangsters. It is absolutely correct that the state handles this matter in accordance with the law. So, what is the origin of the tragedy?

stockin
8 months ago

If the murderer really has no property in his name,

That’s the end

The female driver of the BMW case died three times and one was seriously injured, and even the wealthy parents could not be touched.

It would be a bit strange if the murderer’s parents’ property was enforced at this moment.

For example, now I live with my dad.

I committed a crime. My only property is my own savings and a car.

The execution is not enough. If my dad’s house has to be demolished, it’s illegal.

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