Nanda’s corpse case has not been solved in 25 years, and the family sued the school, and the victim’s sister has turned her head
It has been 25 years since the “Nanda Corpse Case” occurred. Although the Nanjing police never gave up looking for the murderer, the case has not been solved yet. On March 29, Diao Aihua, the sister of the victim Diao Aiqing, came to the People’s Court of Gulou District, Nanjing City and sued Nanjing University for the murder of Diao Aiqing that year. The court has accepted the relevant materials and is now waiting for the court to formally file the case. Diao Aiqing’s family members demanded that the school bear tort liability and safety responsibility, and demanded that the school bear 1.62 million yuan in compensation.
Let me talk about the prerequisite first, I’m almost forgotten about criminal law, and I have been fighting for a long time in the administrative and civil departments. I personally think that there will be three problems in the prosecution of family members. First, whether the case can be filed. Second, whether the case can be won. Third, whether the purpose of the lawsuit can be achieved. 1. my country currently has a case registration system. Assuming that it meets the requirements of Article 119 of the Civil Procedure Law, there is no problem in filing a case. . Moreover, in terms of filing a case, there will still be some cases that should not be subject to jurisdiction after the case is accepted, such as involving bankruptcy and other special circumstances, and the filing department may not necessarily screen them in such a detailed manner. Even after the case was filed, there were cases where the business department rejected the case in accordance with Article 119. This is also one of the reasons why there are often many cases and fewer people in the basic courts. It is relatively easy to file a case, and the economy is developing fast, and the subject of jurisdiction of the basic courts has also increased. The prosecution must meet the following conditions: (1) The plaintiff is a citizen, legal person, or other organization that has a direct interest in the case; (2) There is a clear defendant; (3) There are specific litigation claims, facts and reasons; (4) Belonging to The scope of civil lawsuits accepted by the people’s courts and the jurisdiction of the people’s courts indicted. 2. This is the most critical aspect of this case, but I personally feel that the reason why the school can defend is very slim. One is the statute of limitations, and the other is that the school is not at fault. The compensation of up to 1.62 million yuan is not a small sum for the school. School lawyers will inevitably throw out the killer feature of statute of limitations. Moreover, this issue is different from the case of changing lives in Kaifeng, because the truth was discovered because of a serious illness. In this case, the family members knew the news of the victim’s death very early, and the school’s lawyers would probably throw a bomb if there was no rights relief for more than two decades. After all, the law does not protect sleeping people. The second is the issue of the burden of proof, because the criminal case has not been solved, and factors such as the location and time of the crime are unknown. So in such a vague situation, it is actually very difficult to prove that the school was at fault for a certain period of time. Of course, there is the last possibility, the judge reconciles. In this case, the plaintiff withdrew the lawsuit or settled with the plaintiff after Nanda compensated part of the amount. In any case, the family’s chances of winning the lawsuit are slim. Even if there is, Nantah University as the school may bear a small part. 3. I personally think that the social effect of family lawsuits may be greater than the effect of the rule of law. They may already know that this is a lawsuit with a very low winning rate. But once again, after spending time and energy, I still want to tell the world not to forget, and also to tell the dead that they haven’t given up yet. This is also far more significant than the result of the lawsuit itself. Murder Memories The murderer in the movie was not caught, but in the end the Koreans found the truth. I used to think that the Baiyin case had no results, but the day for Yuyu to clarify will eventually come. We are still waiting for the light of fairness and justice to bring perpetrators to justice.