Because of the quarrel between her classmates, Xiao Xing, an 18-year-old secondary school girl, suffered abuse from eight female classmates and was punished to kneel down and take photos. Now, at the age of 28, she is mentally disordered for 10 years and cannot take care of herself. Family members will sue 8 girls and schools to court, and the court judged that 8 students and schools jointly compensate more than 750,000 yuan.
Over the past five years, these girls have lost their couplets after graduation and have not received a single point of compensation. On July 11, under the enforcement of Panlong Court in Kunming, Xiaoxing finally got part of the compensation, 170,000 yuan.
Case: Eighteen-year-old girl was abused by eight classmates
Xiao Xing, 28, lives in the countryside of Dayao County, Chuxiong Prefecture. In September 2009, Xiaoxing studied in Yunnan Oriental Chinese Medicine Secondary Professional School. That year, Xiaoxing was 18 years old.
Unexpectedly, a quarrel has completely changed Xiaoxings fate. After dropping out of school, Xiaoxing was insane and unable to take care of himself. For 10 years, Xing Pichang, a 56-year-old father, has been running around for medical advice for his daughter.
Things have to start 10 years ago. Xiaoxing and Xiaolu are 8 students in Yunnan Oriental Chinese Medicine Secondary Professional School. Before self-study on the evening of September 28, 2009, Xiao Lu had a fight with another student on the platform. Xiao Lu fell and patted the dust on his body. Xiao Xing, sitting in the first row, had a quarrel with Xiao Lu.
Under the persuasion of the class committee, the two sides temporarily settled the dispute. After the quarrel, both sides cherished hatred. After the dormitory lights went out at 10:30 that night, Xiao Lu took his roommate to Xiao Xings dormitory and asked Xiao Xing to apologize to him.
Unless I die, I wont apologize to you. After being rejected by Xiao Xing, Xiao Lu and eight other students pushed Xiao Xing, punched, kicked, mocked and abused him. Finally, Xiao Xing knelt down and apologized to Xiao Lu.
Identification: Schizophrenia in female students who suffer from humiliation
Xiao Xings family said that they provoked and insulted Xiao Xing with vicious language. He also forced Xiaoxing to kneel in front of him and asked him to say 20 times Im sorry. Xiao Xing was abused by his classmates when he did not promise. These words were heard by Xiao Xings family many days after the accident.
Eight people flocked up to control her until the child was forced to kneel and said 35Im sorry. But even so, eight people refused to stop, using their mobile phones to take pictures of my daughter kneeling before leaving the dormitory. Xing Pichang angrily narrated his daughters experience.
After being scolded by his classmates, Xiaoxings spirit began to appear abnormal. He often did not attend classes or run around in school, and even did not go back to his dormitory to sleep at night. On October 10, 2009, Xiaoxings father arrived at the school from his hometown after being notified by the head teacher. The next day, he and the school staff sent Xiaoxing to the provincial psychiatric hospital for examination.
Xiaoxing was diagnosed as an acute schizophrenic psychotic disorder and was hospitalized on the same day. After the judicial appraisal for schizophrenia, reached the moderate level of mental disability (level II).
It is understood that the disease has the characteristics of chronic, easy recurrence, most of the life can not take care of themselves, basically do not interact with people, most of the life still needs to be taken care of by others. Some experts say that the possibility of complete cure is very small.
Lawsuit: suing classmates and schools for 1.3 million yuan
After Xiaoxings mental abnormality, he went mad all day and had to drop out of school for medical treatment. Xing Pichang, Xiaoxings father, believed that the insults of eight students, such as Xiaolu, directly caused her daughter to suffer from mental illness.
In August 2011, Xing Pichang and his wife brought eight students and schools, such as Xiaolu, to Panlong Court in Kunming, demanding a joint compensation of more than 1.3 million yuan.
On November 27, 2012, Panlong Court held a public hearing on the case. At the time of the trial, all eight female students had graduated. Four students appeared in court to answer the lawsuit, but the direct party of the incident, Xiao Lu, did not appear.
Four students stated in court that they had not quarreled with Xiaoxing, had not beaten her, and had not let her kneel during the whole process. As for Xiaoxings character, four students said: She usually has a very lonely personality and does not like to talk to people.
During the trial, the schools attitude was also firm: We have no responsibility. At the time of the incident, Xiaoxing had reached the age of 18 and belonged to a person with full capacity for civil conduct; throughout the incident, the school had fulfilled its educational and managerial responsibilities. The school agent therefore believes that the school should not be held responsible for this matter.
Judgment: 8 students and the school compensated 750,000 yuan
The court of first instance held that according to the appraisal of the hospital, it can be inferred that the joint infringement of Xiaoxing by eight students such as Lu Mou resulted in the damage of Xiaoxings right to health. Therefore, eight students should be jointly and severally liable for the consequences of Xiaoxings infringement.
The court held that the management of studentsdormitories in Yunnan Oriental Chinese Medicine Secondary Professional School was not good. Eight students, such as Lu Mou, were free to enter and leave Xiaoxings dormitory after the lights were turned off. No dormitory administrator found or stopped the incident. Therefore, the school should bear the corresponding liability for compensation for its fault.
In 2013, the Court of First Instance awarded a total of 480,000 yuan to eight students, including Lu Mou, and 210,000 yuan to Xiaoxing, totaling 69,000 yuan. After the first instance was pronounced, Xings family and eight students refused to accept the verdict and appealed to Kunming Intermediate Peoples Court respectively.
This case is a twist and turns, only the second instance opened eight times. On March 18, 2014, the Kunming Intermediate Court made a final judgment. Eight students and schools, including Lu Mou, paid Xiaoxing 549558 yuan and 207810 yuan respectively. At the same time, the fees for the first and second instance cases are 17563.96 yuan for 8 students and 7327.4 yuan for schools.
After the judgment, the school paid the above-mentioned amount, but the eight studentscompensation was delayed in fulfilling the effective judgment.
Lost couplets: 8 students failed to execute the lost couplets after graduation
During the lawsuit, Xing Pichang and his family were very anxious. According to the doctor, Xiaoxings disease can not be cured, but can only be controlled by drugs. When the illness aggravated, Xiaoxing did not eat for five or six days, and his family had no choice but to irrigate. Xiaoxing sleeps at home until eleven or twelve oclock.
What makes it even more difficult for the family to accept is that Xiaoxings condition is getting worse and worse. In the words of his family, it has reached an uncontrollable situation. In the past 10 years, Xiaoxing has been hospitalized more than 10 times. Every time after discharge, the condition has been alleviated, but within a few months, the condition began to repeat, and the length of hospitalization is longer than once.
After the implementation of the case, most of the eight executives came from different poverty-stricken mountainous areas in Jinghong and Wuding, Yunnan Province. Their guardians could not afford to carry out the case. When they graduated from school, they also lost contact for a long time and failed to carry out the case many times, so the implementation work has been unable to advance.
When they became adults, Panlong Court included them in the list of those who had breached their trust, but this did not prompt them to fulfil their legal obligations. Later, Panlong Court found and entrusted the local court to assist in execution by inquiring the place of its household registration, and interviewed its relatives and friends several times.
Execution: After five years, we finally got 170,000 compensation
Xiao Xing was abused by eight classmates when he was only 18 years old. Nowadays, Xiaoxing is 28 years old and has been mentally disturbed for 10 years. Faced with the high medical costs, the court ruled that in the past five years, eight students still could not be compensated.
After many unsuccessful executions, Panlong Court has been actively searching for relevant clues of the executed and keeping in touch with Xiaoxings father. Kungfu pays no attention, and Panlong Court received a new clue by chance.
After receiving the clues, the executive police immediately dispatched, and on the morning of July 10, according to the law, the executor, Xiaolu and other four people were summoned to the court, and through these four people contacted the other two people.
Under the pressure of detention measures if they refuse to fulfill their obligation of compensation, under the patiently interpreted law of police officers, five of the executives paid 30,000 yuan respectively, while the other one actually made up less than 30,000 yuan. Faced with this situation, the applicant agreed to pay 20,000 yuan first.
Eventually, six executives paid a total of 170,000 yuan, and reached a voluntary settlement agreement with the applicants for the remaining funds. Xing Pichang, Xiaoxings father, who got the case money, thanked the policemen for their execution and told them that the hard-won execution money of 170,000 yuan was really important for Xiaoxing, who was waiting for surgery.