Lawyer Luo Jinshou in the Zhang Yuhuan case: Why did you apply for a record state compensation of more than 22.34 million yuan?
Who will take this money?
On the morning of September 2, Luo Jinshou, Zhang Yuhuan's attorney, said in an interview with a reporter from China Economic Weekly that he had just accompanied Zhang Yuhuan to complete the formalities in Jiangxi Higher People's Court to apply for state compensation.
According to the "State Compensation Application" submitted by Zhang Yuhuan, more than 10.17 million yuan in compensation for infringement of personal freedom, 1 million yuan in compensation for infringement of the right to health and follow-up treatment costs, more than 10.17 million yuan for mental damage comfort, and reasonable expenditures in the past 27 years (family complaints) The accusation incurred 1 million yuan in transportation expenses, communication expenses, accommodation expenses, data expenses, lost work expenses, etc.), totaling more than 22.34 million yuan.
Luo Jinshou said that if the application for more than 22.34 million yuan is successful, it will create a record of the amount of state compensation. “Of course, can the Jiangxi High Court give so much? We are not sure, depending on the final decision of the court.”
On October 24, 1993, two children died in Jinxian County, Jiangxi Province. The 26-year-old Zhang Yuhuan was identified as a "suspected murderer."
On January 26, 1995, the Nanchang Intermediate People's Court issued a judgment of first instance and sentenced Zhang Yuhuan to death with a two-year reprieve and deprived of political rights for life.
On August 4, 2020, the Jiangxi Provincial Higher People's Court pronounced on Zhang Yuhuan's intentional homicide case, acquitting Zhang Yuhuan as "the original judgment was unclear and the evidence was insufficient" and was released.
Why did Zhang Yuhuan, who was acquitted, apply for a record amount of state compensation?
Luo Jinshou said that Zhang Yuhuan has lost 27 years of freedom, and his family influence is particularly great. Moreover, his life trajectory has been completely changed. The harm is very great. According to the current standard, it has been slightly improved, which is also his own psychological expectation. .
Luo Jinshou introduced to a reporter from China Economic Weekly that in accordance with Article 33 of the National Compensation Law, for violations of citizens’ personal freedom, the daily compensation shall be calculated on the basis of the national average daily wages of employees in the previous year.
Earlier, some media calculated that Zhang Yuhuan lost his freedom for 9,778 days. Therefore, based on the average daily salary of 346.75 yuan/day of Chinese employees in 2019, Zhang Yuhuan can claim the corresponding compensation as 3390521.50 yuan (346.75 yuan/day*).
At the same time, he can also apply for mental damage relief. The amount is 1.18 million yuan according to the ratio of 35% of the previous amount, and the two items total about 4.57 million yuan.
Luo Jinshou believes that this algorithm is not wrong, but it is the minimum standard.
Among the 22.34 million yuan of compensation that Zhang Yuhuan applied for, the compensation for loss of personal freedom was calculated based on three times the average salary, and the mental compensation was calculated based on 100%.
As for the reasonable cost of applying for 1 million yuan for redress of grievances, Luo Jinshou said that this is an estimate, roughly 20,000 to 30,000 yuan a year, and about 1 million yuan in more than 20 years.
If Zhang Yuhuan receives state compensation, who will take the money?
For more than 20 years, Zhang Yuhuan’s elder brother Zhang Minqiang has always complained for his younger brother. He clearly stated in an interview with a reporter from China Economic Weekly, “How do you divide this money? No one in the family will fight for this money. I will definitely not ask for a penny."
In Zhang Yuhuan’s case, the lawyer team provided free assistance. Zhang Minqiang told a reporter from China Economic Weekly that the family did not have money to hire a lawyer, and the lawyers used to assist in the status of assistance, and there was no litigation fee. “We also promise that after the case is won, the national I am willing to transfer all the compensation to him, just to ask my brother to be safe, but the lawyer also said that he would definitely not collect this money."
Zhang Yuhuan’s ex-wife, Song Xiaonv, once publicly stated, “I will not ask for a penny when Zhang Yuhuan receives compensation in the future.”
Zhang Yuhuan previously stated that for more than 20 years, mothers, brothers, ex-wifes, sons, etc. have given a lot for themselves, and will spend more time to make up for them. In the future, after receiving state compensation, they will consider giving them. Some material compensation.
Luo Jinshou told a reporter from China Economic Weekly that Zhang Yuhuan may decide the distribution of the compensation. As for the attorney fees, it is still assistance. After the compensation is in place, what will Zhang Yuhuan do? "It may be too early to talk about this." .
"China Economic Weekly" reporter Li Yonghua