The account that was certified as the “Sister Diao Aihua of the Nanda Diao Aiqing case” @ know how grateful Changhuai grateful sent an article stating that for various reasons, we decided to withdraw the lawsuit. As the family members of the victims of the Nanda corpse case, we have not waited for any response from Nanjing University.

Keywords: the sending of the complaint and the submission of the defense; the right of the victim’s family to know. Let me just say that the court did not decide whether to open the case, and the plaintiff did not need to regret that the defendant did not respond to his indictment. According to the procedure stipulated by the Civil Procedure Law, after the court decides to open the case, a copy of the bill of complaint will be sent to the defendant within five days, and the defendant will file a statement of defense within 15 days from the date of receipt. If the plaintiff feels “regret” that the defendant has not submitted a formal reply on the content of the complaint, I think it is unnecessary. Since we choose to go through litigation, we must consider legal procedures. According to the family’s Weibo statement, the current litigation process is still in the process of filing the case, and the court has not decided whether to open the case. The defendant may not receive a copy of the complaint served by the court at all, so how can it provide a formal response? However, in the Internet age, even if the defendant has not received the complaint, he must be aware of the fact that the plaintiff filed a lawsuit. Under this circumstance, what kind of response strategy the defendant should adopt and whether he should respond in the field of public opinion is a question of different opinions, and I do not want to discuss it here. When the news of the prosecution came out before, everyone was discussing what the family’s motive was for the prosecution after so many years. Judging from the Weibo sent by the family members after the withdrawal of the lawsuit, there are two main motives: First, the defendant is required to inform the family members of the victim’s experience at school before the incident. Second, urge the relevant departments to detect the case as soon as possible. Can these two motives be achieved through prosecution? In fact, everyone knows that litigation itself cannot solve these problems and fulfill these demands. Although the family members want to contribute to the investigation of the case, all they can do is to make the case not be forgotten through the power of public opinion. I believe that the relevant parties also hope that the case will be cleared up early. On this issue, the wishes of the police and the family members are the same. As for the family members wanting to know more details of the case, this is also human nature and should be fully understood. However, the case is still in the investigative stage, and whether the collected evidence materials are suitable for disclosure to family members is a question that must be considered. Nowadays, what is the scope of the “right to know the victim’s family” that many people often refer to? Does protecting its right to know means to inform the details of the case? The criminal procedure law stipulates that the victim and his family members’ right to know, or stated as “notifying the family members (and of course notifying the victim)”, mainly includes: the public security agency decides to dissect corpses of unknown cause and notify the family members to be present; the procuratorate accepts After the materials for review and prosecution are transferred, inform the victim, agent, and close relatives that they can appoint an agent ad litem; if there is a victim, decide not to prosecute and inform the victim; the investigative agency will inform the suspect and the defendant of the expert opinion used as evidence… …and so on. It can be seen that most of the right to know is in the procedural sense, and most of them are in the review and prosecution stage. The right to know during the investigation stage is mainly in the autopsy of the cause of death and expert opinions, and does not involve all the details of the case. Another analogy can be the lawyer’s scoring regulations. Article 40 of the Criminal Procedure Law states clearly that lawyers can only consult the case files until the day when the procuratorate examines and prosecutes the case. In other words, if the case is still in the investigative stage, the evidence collected by the investigative agency at this stage is not suitable for the parties to review. Regardless of the legal provisions, the current network communication channels are so developed, once the evidence flows out, what impact will it have on the detection of the case? No one can predict. Therefore, we should fully understand the feelings of family members who want to know the details of the case, but whether and to what extent the investigation details of the case can be made public must comply with the provisions of the law. If the majority of friends have questions, they should return to the criminal procedure law to find answers.

zhiwo

By zhiwo

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helpmekim
6 months ago

In fact, many of us legal persons have a problem, that is, excessive pursuit of the truth in the law, expecting the court to give a clear legal answer. I have committed the same problem n times. Because we are not the client himself , when you are the client, you may not pursue the truth in the law. You have to think about your situation, and you have to think about the situation of your family. The dead are gone, and the living still need to live. No matter what decisions the parties make, what we can do as outside observers is to support it. The truth in law is really not important. As to whether such cases have passed the statute of limitations, whether the court will open the case or not , the court cannot give a standard answer. It violates the law to enter the case, and the public opinion and inner morality cannot be balanced if the case is not opened. Maybe you haven’t seen those bags of cooked human flesh with your own eyes. You have never experienced flesh and blood. We are all outsiders in front of the keyboard. The laws and regulations that are typed out are all cold. The only result we all hope is the murderer. This is also our unanimous expectation from the public security, Nanjing University, the court, family members and outsiders Therefore, the family’s lawyers and many people responded to their incomprehension of the family members, and hope that everyone will be empathetic at this time and support any decision made by the family members. It is not for the so-called legal truth in our hearts that the parties must persist to the end. Only the judiciary can continue to investigate and bring the murderer to justice.

heloword
6 months ago

We still have to live, our children are still studying, and after communicating with local leaders, we withdrew our decision to prosecute. I saw forced and helplessness in the text. My first feeling was more like a decision made by the victim’s family after being pressured. This case is really ruining. The corpses were divided into more than 2,000 pieces, treated at high temperature, and placed in multiple places. The difficulty of this case lies in the fact that the murderer’s methods of committing crimes were brilliant at that time. At that time, the criminal investigation techniques were not mature enough. The high-definition cameras commonly equipped on the streets were not available more than 20 years ago. A police officer involved in the reconnaissance of the incident once said: I have seen the hands and feet of the deceased, and they were very neatly mutilated. And the head and internal organs of the deceased were all boiled. Hey, more than 20 years have passed, and this tragedy is still unsolved. I don’t know if the murderer is at large or has passed away. I hope this case can be found out as soon as possible in today’s era of soaring technological level!

helpyme
6 months ago

I thought of the many possibilities of the case, but I didn’t expect it would end in a way of withdrawing the case. The outcome of the case is whether the parties withdrew the suit or the court dismissed the suit, whether the court passed the statute of limitations to dismiss the request, or whether it simply dismissed the request. Every possibility exists and has legal significance. However, both prosecution and withdrawal are the legal rights of citizens, and we understand and support it. Moreover, withdrawing the lawsuit is only withdrawing the lawsuit, and the parties can sue again. As I mentioned earlier, family members are not only pursuing the effect of the rule of law, but also the social effect. From the perspective of the rule of law, cases withdrawn from prosecution can be prosecuted again, and the initiation of a lawsuit has triggered the suspension of the statute of limitations. We most expect to see the results of the above entity’s handling, whether the statute of limitations will be applied to dismiss the suit, or whether the manager’s duties will be applied after entering the entity. With the plaintiff’s prosecution, a question mark was drawn. Article 119 of the Civil Procedure Law: 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) Yes The specific claims, facts, and reasons; (4) The scope of civil lawsuits accepted by the people’s courts and the jurisdiction of the people’s courts. The court’s seven-day case filing duty, whether it is given early or late, is in compliance with the law. Especially for such a big case, it must be well thought out. Perhaps the court was also more confused. When the result was about to be given, the plaintiff withdrew the lawsuit. Of course, the statute of limitations has been suspended, and they can definitely bring it up next time. In terms of social effects, the family members have achieved it. In any case, this lawsuit has already caused ripples in public opinion and has also put tremendous pressure on the relevant staff. The family’s statement also vaguely stated this point, but it was not clear who the staff were. But whether it is the Public Security Court, or Nanda, as the school, may have understood the cruelty and coldness of the murder to a family. I hope that the family members can maintain the mentality of questioning, and that the relevant agencies can turn pressure into motivation and provide an answer. We have found the culprit in the Baiyin murder case, the culprit in the Southern Medical Massacre, and we hope to find such a heinous culprit again. No litigation is seeking, and heaven does not hide evil. It is always the pursuit of legal professionals and the people’s yearning for the rule of law. If we have not learned to forget, this is a bit of comfort for the deceased.

sina156
6 months ago

The words “for various reasons” are indeed worthy of recollection, and are prone to trigger a series of conjectures. I wrote an answer when my family filed a lawsuit before, thinking about the principle of liability for tort liability. Fang Yimin: The Nanda corpse case has not been solved for 25 years. The family of the victim formally sued the school. Can the family get compensation? What responsibilities should the school bear in it? ​Finally, I also mentioned: “But the tragedy happened outside the school, and Nantah is just the administrator of the school. Whether it belongs to the administrator of public places should also be disputed.” After the lawsuit is withdrawn, it can be sued again. But speaking of it, this matter is not only the shadow of the victim’s family, but also the shadow of Nantah University. After all, these words are always carried before the “Scattered Corpse Case”. However, whether Nantah should be responsible for this intentional killing is controversial. Perhaps the family members filed a lawsuit, to a large extent, hoping that everyone can continue to pay attention to this matter, and use the pressure of public opinion to let the investigators and Nantah give an explanation, so that parents can feel at ease. But as an unidentified bystander, if everything fails, he will say that someone else has a conspiracy, and if nothing can be explained, he will say it is a conspiracy. If there is no preliminary evidence, splashing and splashing dirty water will not help the progress of the matter. . Yangmou competes with wisdom, but conspiracy embodies the unpredictability of people everywhere.

yahoo898
6 months ago

The family’s withdrawal of the lawsuit is probably due to strong guarantees from the Nanjing police and relevant government departments to continue the investigation until the investigation. The Nanjing police also responded to social concerns and notified the case when the criminal case had passed the 20-year prosecution period. The Nanda corpse case is not restricted by the time limit for prosecution, and the police will follow the law to the end and never give up. Therefore, there is no need for excessive interpretation in this withdrawal. The withdrawal of the lawsuit by the family does not mean that the police and relevant departments have given up on investigating the case. I think there is still considerable hope for the detection of this case. The key to the investigation of this case is not to promote the case. It’s whether the murderer’s DNA information was extracted from the victim’s body. The murderer’s blood fingerprint was left on the bed sheet that was used for the crime. This bed sheet was also used by the murderer or someone related to the murderer. If it was not extracted that year To the murderer’s DNA, then we need to wait for another breakthrough in criminal investigation technology. Once the murderer’s DNA is extracted, as long as members of the murderer’s surname family have committed crimes or other conditions, the DNA information has been stored in the database. Through yDNA technology and big data, it is easy to find the murderer’s identity information, and this It takes time and opportunity. The police cannot be forced to complete the investigation quickly. Both the Baiyin case and the Southern Medical University case have gone through a long period of waiting, and the murderer’s family members have the opportunity to store DNA information in the database before they can be detected. Therefore, whether the family members withdraw the lawsuit or not is not the key to solving this case.

leexin
6 months ago

The school cooperated with the investigation that year, and later condoned the victim’s family (seeing the information, gave money twice, and also signed a settlement letter with the victim’s family that year). What else do you want the school to do? Now it’s like a school murder? Okay, it’s nothing more than the fact that netizens are not good at aiming their guns at law enforcement and judicial departments. They are not doing well in handling cases (not to mention that they are not really ineffective. They tried so hard to trace them back then. Don’t talk about conspiracy theories, but they are not technically enough to find out). Find a college or university. It’s just a pinch of soft persimmon. Result 1: In view of the previous condolences, I am making trouble again. The school ignores it and a large group of people are forced to do so. Ah, the school is really cold-blooded. Result 2: The school once again offered condolences out of humanitarianism, and a large group of people forced it. See, it is useful to oppress the school. Result 3: The case has not progressed, and people are pulled out every year, forcing the school to give some so-called “compensation.” Then, the case was still unsolved, and the murderer was still not found. This incident appeared in the hot search on Weibo, which really surprised me. How to look at it like the lawyer hired by the family members who used their family members to solve the case for many years and was eager to get a so-called prosecution school plus the rhythm of the marketing account. What is the purpose of prosecuting the school? Should the school solve the case? The place of death was not in the school, and the victim was still a person with full capacity for civil conduct. What do you want the school to give? Is the case progressing? Then ask the Public Security Bureau. From the perspective of family members, it is impossible to be relieved that relatives have left. Young lives are suddenly murdered. It is all right to beg for results for so many years. I looked at the information. The school gave humanitarian care and condolences back then, but it was not indifferent, and the school also fully cooperated during the investigation at that time. For a dead life, the school can only do this. Regarding that the victim belongs to the adult education college, the management may be different from that of the students of the school. In addition, the monitoring, DNA collection and other technologies were not perfect in the past. A combination of various factors has made it impossible to solve the case. But why are the family members aiming at the school now? After so many years, the teachers and students of the school have changed a lot, but the case files are all in the Public Security Bureau. I really want to find someone to prosecute. Isn’t it because the Public Security Bureau is suing the Public Security Bureau for administrative inaction and judicial inaction? Can’t even detect a criminal case? (I want to emphasize that the government did not do anything in the past, but worked very hard to investigate, but the technology was really backward, which would cause a lot of restrictions on solving the case.) I sympathize with the victim’s family, but how do I feel that someone wants to discredit the school. Taking a step back, even if the school is forced by the so-called pressure of public opinion to make compensation that it should not have paid, what about it? This is useless for the investigation of the case itself. It will also open up a bad ethos of “If you have a connection with XX, you can make a mistake.” Although the family does not mean this, they may just want to restart the investigation for fear of being forgotten. Up. However, when encountering such cases in the future, it is not ruled out that some people use this matter as a reference, and feel that the related parties can be pulled out on a regular basis to make a mistake. This is the phenomenon that should be avoided most in a society under the rule of law.

greatword
6 months ago

Now that Zhihu is playing vigorously, most of them are from the 95~05 generation. I don’t know, the case back then was really difficult. I don’t know that when the Black Mass said that, the police immediately found and consulted. No, they can’t prosecute the problem, but there are too few clues in this case. Knowing that there are too few clues, he went to prosecute. What do you let someone give you? I will give you condolences, telling you that it is difficult for us to handle it, and we cannot solve the case. It’s hard for a strong man, understand? Many people say, they are wronged, how are they doing! You try to solve the case? Do you have this ability? There are really too few clues in this case. Nanjing University, this lawsuit is also very daunting. It also doesn’t know the specific situation of this case. Now the police have the most information, and the police can’t solve it. What do you propose? It can only become an unsolved case.

loveyou
6 months ago

Leaving aside this issue of the rampant populist conspiracy theories under the law, the possibility that the Nanda corpse case itself will be detected is extremely slim. Many old cases can be detected years later because the biological information left by the murderer was difficult to match because of technical reasons, but after many years, with the advancement of technology, they were successfully matched; and the murderer of the Nanda corpse case did not care. Whether it was intentional or unintentional, not even a little bit of biological information was left, and the investigative methods that did not rely on biological information were almost used by the Nanjing police in those days. It can be said that the murderer was not found back then, and the murderer is found today 25 years later. The possibility is even lower.

strongman
6 months ago

If you don’t understand, ask, why is the family’s desire to sue Nantah for 25 years?? For this kind of exceptionally cruel case, the family can’t let go for so many years. It’s understandable to want a statement, but just sue Nantah and this withdrawal statement. Look, I think the family’s intentions may not be simple. First of all, Diao Aiqing was over 18 years old when he was killed. He was a person with full capacity for civil conduct, and the case occurred outside the school. According to the Tort Liability Law of the People’s Republic of China, the school is not responsible for supervision over him. Furthermore, when the case occurred 25 years ago, the Nanjing police also set up a task force and spent a lot of time and manpower to investigate, but it was unable to detect it due to technical limitations. The school also cooperated throughout the entire process of investigating the case. Afterwards, it also compensated for humanitarian reasons and signed a letter of understanding with the family. Therefore, the family re-sue the school after 25 years and force the school to respond “give an explanation”. This behavior is undoubtedly very absurd. He also used the Spring and Autumn Period in the withdrawal statement to insinuate the collusion between the school and the government, causing the administration to influence the judicial system. In fact, the current situation is not that the administration affects the judiciary but the public opinion affects the judiciary. Looking at the speeches of a bunch of people on Weibo, you can see that even the criminal proceedings and the civil proceedings are not distinguished. It is not a matter of minutes to be led by some people. China’s rule of law still has a long way to go. what.

stockin
6 months ago

Going out in the evening On January 10, 1996, Diao Aiqing ran away after dinner in the evening. The Spring Festival (February 19) was very late that year, so Diao Aiqing had not yet had winter vacation. The quilt on Diao Aiqing’s bed was folded in the early morning of January 10. But the night was paved, and it seemed that Diao Aiqing had no plans to go out at the beginning. Found killed On January 19, 1996, after a heavy snowfall, Diao Aiqing’s body was found. A cleaning woman found a bag on Huaqiao Road near Nanjing’s Xinjiekou, which contained more than 500 slices of cooked meat. Later, when she was cleaning the meat slices, she found three fingers mixed in it, and she immediately reported the case. Later other parts of the body were found on Shuizuogang Road and Longwang Mountain, all wrapped in a bag and a sheet. After the corpse was cooked, it was estimated that it was cut into more than 2,000 pieces. The knives were very finely crafted and neatly placed, showing the murderer’s cruelty and super psychological quality. [3] The last place witnesses saw Diao Aiqing was Qingdao Road, Diao Aiqing was wearing a red jacket. The internal organs and head of the corpse showed obvious signs of being boiled. The corpse was cut into thousands of pieces. The head was found in Longwang Mountain, and the other corpses that had been thrown were found on Huaqiao Road and Shuizuogang. Because green spots appear about 72 hours to 96 hours after death in winter, the time of death is no later than January 14. From the direction of muscle slices and the position of head cutting, they have certain knowledge of human anatomy, doctors, medicine The possibility of crimes committed by hospital police and medical personnel is extremely high. The murderer meticulously carried out the process of smashing the body, but left a recognizable head and three fingers. This seems very contradictory. The recognizable head and three fingers were marked for the future residents of Nanjing to identify Diao Aiqing’s identity. From Baidu Encyclopedia. I first learned about this case in Spider’s Ten Deadly Sins. Due to insufficient criminal investigation conditions at that time, information was lacking. Coupled with the bad influence, the failure to solve the case has become a historical legacy. At that time, the director took the blame and resigned, and the person in charge of the case retired over time. It is almost impossible to crack this case. Reality is not a fairy tale. There will be no retribution for evil. Justice may be late or not. The withdrawal of the lawsuit is a helplessness and compromise with reality. I only hope that the victim will be safe in the next life. As for those who are always involved in school shady, collecting money, and conspiracy theories. It is recommended to visit a psychiatrist and visit a psychiatrist if you have a lot of brain damage.

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