[Explanation] On January 26, the second instance of the dispute between Yao Ce and his biological parents, who has received much attention from the "replacement of life for 28 years," and the Huaihe Hospital of Henan University opened in Kaifeng Intermediate People's Court.

At the court hearing, the standard of compensation for mental damage became the focus of dispute between the two parties.

　　[Explanation] On February 17, 2020, Jiangxi young man Yao Ce was diagnosed with liver cancer. His mother (adoptive mother), Ms. Xu, decided to cut the liver and save her son, but found that her son was not biological. It was later confirmed that 28 years ago (1992), because Xu The hospital where the lady gave birth (now the Huaihe Hospital of Henan University) made a job error, causing two women to hold the wrong child.

Therefore, the parties initiated legal proceedings.

　　[Explanation] In the first instance of this case, Yao Ce claimed 2.73 million yuan (RMB) from the Huaihe Hospital of Henan University. The court of first instance decided in favor of more than 760,000 yuan, including 200,000 yuan for the mental damage to Yao Ce's biological parents and Yao Ce. Yuan, and judged that the Huaihe Hospital of Henan University will bear Yao Ce’s post-treatment expenses at a rate of 60%.

In this regard, Yao Cefang’s attorney said that the amount of compensation for mental damage determined by the appellant at the first instance of the lawsuit was 600,000 yuan per person, which was determined by the economic growth level of Kaifeng City from 2001 to 2020.

This appeal request the court of second instance to support it.

　　[Concurrent] Yao Cefang's attorney Zhou Zhaocheng

　　The standard of compensation for mental damage we currently refer to is still the standard of 2001.

Our country’s GDP growth is 10 times that of 2001. At the same time, we also found that Kaifeng’s economic growth and wage income levels are 9.1 times that of 2001. In such a situation of rapid economic growth, it still applies for 20 years. The previous standards are obviously inconsistent with the times.

　　[Explanation] At the scene of the court trial, the attorney representing the appellee stated that, on the premise of adhering to the opinions of the first instance and this defense, he respects the law, believes in the law, obeys the fair judgment, and actively fulfills the judgment obligation.

In addition, he also stated that from previous judicial judgments, due to partial loss of hospital medical records and improper writing, the percentage of presumed fault liability generally did not exceed 30%. In the first instance, the Huaihe Hospital of Henan University was judged to bear 60% of fault liability. It is already a very high proportion, so the court of second instance is requested to give a comprehensive consideration to the appellant's request.

　　[Explanation] According to Yao Cefang's attorney, the appellee in the first-instance verdict was deemed to be less liable for 60% of the responsibility of the Huaihe Hospital of Henan University.

In this appeal, Yao Ce clearly refused to mediate, hoping to further advance the Chinese law on compensation for mental damage through the "Yao Ce case".

　　[Explanation] In addition, the reporter noticed that the second-instance appeal Yao Cefang revoked the treatment cost of Yao Ce's childhood (during the period when he was diagnosed with liver cancer at the age of 2 and a half to 28) more than 300,000 yuan.

Yao Cefang’s attorney stated that Yao Ce gave up this claim in order to be grateful for his foster mother’s nurturing, and his adoptive mother would sue separately.

Therefore, the appeal amount was changed from 2.73 million yuan to 2.43 million yuan.

Among them, Yao Ce's treatment costs totaled more than 600,000 yuan.

At around 12 noon on January 26, the case trial ended and the judge announced an elective sentence.

　　[Concurrent] Yao Ce's mother, Du Xinzhi

　　I used a set of photos to look at my son Yao Ce. You see, he is skinny now. This is the status quo.

I hope to give my son as soon as possible, and make some progress on the original (compensation) basis, and quickly let my son get the money and heal his illness with peace of mind.

As for how much, it’s not that I have the final say. I still abide by the principles of the law. We leave everything to the court and let the court do a fair trial.

Let my son use the money as soon as possible, because he doesn't know how much time he has.

　　Li Chaoqing reports from Kaifeng, Henan

Editor in charge: [Li Yuxin]