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.

zhiwo

By zhiwo

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helpmekim
6 months ago

I saw this news in the alumni group this morning, and the students were still discussing it. I don’t know which teacher is acting as the school’s attorney. In the past, the personal injury disputes between adults and educational institutions were more typical. The school sent students out for internships. As a result, the students had accidents in the internship unit. The situation similar to this case is not typical. If we must summarize the university’s “safety management responsibility” from past cases, it is nothing more than “safety education” and “personnel management.” I don’t know if there was freshman education at Nantah University back then. Anyway, I remember that when I enrolled undergraduate, the school issued a lot of manuals and materials, and there were teachers at the college level to do freshman safety education. From this perspective, the school is likely not to assume responsibility. Then, the responsibility that is more likely to be counted on the school’s head should be “personnel management.” In fact, it is not difficult to understand. It is natural for family members to think that if the school stipulates that students are not allowed to stay overnight, and the dormitory management staff can strictly enforce this rule, maybe the child will not have an accident. In the searchable cases where the school is liable for personal damages to adults, how the school and the student (and other parties) should be divided into fault liability is often determined by the court, which means how to judge the “school Neglect of management”, there is a lot of room. However, the premise of the above discussion is that the court decides to file a case. I think it remains to be seen whether the case can be filed.

heloword
6 months ago

“Come to Nanjing with a sad mood and go home with hope.” Diao Aihua said about the meaning of the prosecution. “First, I want my parents to go safely in the future, and then (unlike the Internet description), let the family at least know about us. The children of the family are right, and then it is through this incident that everyone pays attention to safety education.” Regarding financial compensation, Diao Aihua said, “This time it’s not for financial compensation, but for so many years. Our family members have been believing and waiting. They were able to give us a satisfactory answer, but they failed to do so. As far as the family is harmed, they want to ask for an explanation.” The Nanda corpse case has been unsolved in the past 25 years, but the French Open is still full of negligence. I hope it can. Like the Southern Medical Massacre, it will eventually be solved, so as to comfort the dead and give the living a confession. Reading the relevant content of the corpse case again, the criminals have been extremely cruel and have escaped legal sanctions for so many years. Please bring them to justice as soon as possible!

helpyme
6 months ago

There is a possibility of compensation. When I saw this case a long time ago, I was really shocked! It is hard to imagine how strong the psychological quality of the murderer should be to perform such a cruel behavior! It can be said to be an incomprehensible behavior! I can also understand the psychological state of the family suing the school. Although it has been a full 25 years, the case has not yet seen any signs of detection. In 25 years, we, as outsiders, may forget many, many things, but for family members, this is the pain and indelible traces that have been carved in our hearts for a lifetime. They don’t know how many days and nights they have waited before the murder case is solved… …Sometimes people need to convey and express their pressure and pain through a certain way. The family members of the Nanda Corpse Case choose to use legal channels to claim it is their right! It’s just that whether the prosecution of the school can finally meet the expectations of the family members is still a big question mark. After all, the main bearer of civil compensation in this case was the murderer, and whether the school was at fault of inadequate protection in the case of Diao Aiqing’s killing, it still needs to be determined by specific evidence! If the case finally determines that the school is not responsible, it is not an unimaginable result… But because this case has received continuous attention from public opinion for many years, and the circumstances of the case are too cruel! Regardless of whether the school starts from its own image or the family members receive the sympathy of the public, there is still a possibility that the two parties will eventually mediate. The school will provide appropriate compensation or compensation to give family members, public opinion, and the public an explanation. This probability is not small. … The gray-haired sister of Diao Aiqing said that the reason for wanting to ask for an argument this time is that in addition to hope that the parents can go with peace of mind, she also wants to use this matter to arouse everyone’s attention to safety education. I have to say that “women’s safety” is indeed something that deserves our great attention! In reality, there should be many cases where women are killed for no reason or have premeditated revenge. I received a consultation from a woman before, and when I was preparing for a divorce with my husband, I was threatened many times not to leave him alive. It can be seen that even if women are stronger and more independent than in the traditional era, they are still the “weak party” in general. When faced with real danger, how many women can get away with it? It should be very few! Before we find a truly effective prevention method, it is recommended that female friends must strengthen their awareness of prevention, pay more attention to protect themselves, and be vigilant at all times! Looking forward to the day when the murderer will be brought to justice!

sina156
6 months ago

Waiting for the outcome of this case is a matter of the lifetime series, although I am a post-90s. Now the school is being sued, ostensibly for compensation; but the victim’s parents are already old, and even his sister is gray-haired. Compensation should not be their original intention, although the lawyer has been enthusiastic about various hot cases. The peace of mind here is my hometown. What the family want to see most is the truth, so I feel at ease. As a melon-eater, I don’t know what the truth is behind this case, let alone whether anyone understands the truth. At the same time, he is reluctant to break all kinds of conspiracy theories. Human hearts are good, but there is no shortage of demons in the world. Therefore, the road to the world is the road of trial; life is a practice. However, there must be some murderers. Of course, where is the murderer 25 years later? I think, not in hell, but also on the way to hell.

yahoo898
6 months ago

I personally guess that if family members want money, they would have asked the school for money at the beginning of the incident or more than ten years ago when the black mass was writing about the fire. Because of the pressure of public opinion, the school may be responsible even when the case is unclear. Yes, it is more timely to compensate at that time. And Nanda is not short of money. The biggest headache for Nanda is that its hot searches are linked to this case all the year round. The family members discussed with the school, and they bought it directly for more than 1 million and signed an agreement. In the future, the family’s school will not mention this. I guess it can be done. Prosecution is definitely thankless and very costly. The point is that Diao is an adult and the school has no duty of care. If the case is famous, it does not mean that he can favor his family to make judgments. In the end, if you didn’t get a point, you still got in a lot, which is very likely to happen. So I personally think that the family wants to use the time-consuming and labor-intensive method of prosecution to lengthen the battle line, so that the Nanda case will always be hot, and the murderer will always live in the possibility of being hunted down. On the other hand, it is not ruled out that unscrupulous lawyers tried to use the case to stir up their enthusiasm and deceive Diao’s family to sue the school.

leexin
6 months ago

The court should conduct pre-litigation mediation before filing the case. If the amount of compensation is appropriate, Nantah should be willing to accept it. From the perspective of his family, the greatest significance of the prosecution is not to claim compensation, but to bring back the pending case that has gradually faded out of public view into the focus of public opinion. With the continuous advancement of my country’s criminal investigation technology, it is believed that even late justice will eventually arrive. I hope that the next hot search related to this case is that the Nanda corpse case has been solved.

greatword
6 months ago

The answer is a bit off topic. At first I learned about this case on the Internet because of Li Qi, and later I saw this case in the novel “Ten Deadly Sins”. How should I put it, whether it is the family’s request for compensation or the family’s wanting to return the case to the public eye, they feel that time has passed too long. Diao Aiqing died in 1996, when she was just 20 years old. If Diao Aiqing was still alive, she would be 45 years old. Yes, 25 years have passed, and this cruel and perverted case is still unsolved, only the gossip of various bloggers’ eyeballs. This case is not only a shadow of Nantah University, but also a shadow of China’s criminal case. Therefore, even after 35 or 45 years, I still hope that the case can be completely closed. This is not only a comfort to the dead and their families, but also an explanation to the common people. We all believe that “good and evil will be rewarded” right? Looking forward to the moment when the truth is revealed!

loveyou
6 months ago

As a criminal case, it is less likely that the Nanda corpse case will request compensation from the school. First of all, the victim is a college student who is a person with full civil capacity and should be responsible for his actions. If a criminal infringement is committed, the criminal suspect or defendant shall be responsible for the infringement. Secondly, if Nantah was at fault for the murder of the victim, it can assume responsibility for the fault, but this is difficult to prove. According to the principle of whoever advocates, the victim’s family needs to prove that Nantah was at fault with management, and Nantah will not be held liable if it cannot prove that Nantah was at fault with management. Third, as a criminal case, the responsibility for solving the case lies with the government’s public security organ. If the public security organ does not solve the case, the public security organ is responsible. Nanda should not be responsible, and Nantah has no liability for compensation. Although the victim’s family has filed a civil lawsuit in the court, the court may not accept it, or reject the lawsuit after acceptance, or reject the lawsuit request. Of course, this requires the court’s full reasoning. Initiating a civil lawsuit by the victim’s family can also arouse the attention of public opinion and promote the speeding up of criminal cases, which is also one of the ways to solve the problem. If the victim’s family requests compensation from the Nanjing government, there is a certain basis. This is because the government has not fulfilled its obligation to protect the safety of citizens and should bear certain compensation responsibilities. Criminals who do not have the ability to compensate, can request compensation from the government if the victim’s family is in difficulty. This is an international practice and a requirement to protect the human rights of the victim and his family.

strongman
6 months ago

It is difficult to obtain compensation. The compensation shows that the school is responsible. According to the few poor clues, the location of the crime, the location of the broken body, the physical characteristics and fingerprints of the murderer are not clear. difficult! We like to read detective novels because the murderer is sure to succumb to the law, and the truth will surely emerge. However, due to lack of evidence in real life, the murderer is often left unpunished. In 25 years, the murderer may have died violently, pointing to the conscience to find out that it is impossible.

stockin
6 months ago

According to the previous Nanda’s soft temper, it is actually possible to lose it, but now I don’t know what happened to it. Anyway, as soon as the incident happened this time, I knew that Nantah still had no money to withdraw from the hot search. But this time, no matter what the family’s purpose is, or whether it was used by others, I don’t think it can be compensated. If twenty-five years have passed since this matter, and the claim is made according to the current compensation amount, the case will be won. From then on, human lives will become extremely valuable. (Supplement: I found that everyone has misunderstood this sentence. I mean that if you win the case this time, you are promoting the process of commodification of human lives. It does not mean that I support the “preservation” or “devaluation” of human lives.) Today xx The eldest son had an accident at the construction site, so I won’t file a lawsuit. After 20 years, my younger son is going to get married and has no money to buy a house. I went to sue the company where my eldest son had an accident 20 years ago. The compensation amount ten years ago, successfully bought a house in full.

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