China News Service, Nanjing, March 30 (Reporter Shen Ran) On the 30th, the reporter learned from the Nanjing Intermediate People's Court that the People's Court of Gulou District, Nanjing City had indeed received the victim of the "Nanjing University Broken Body Case" Diao Aiqing on March 29. The family’s indictment and related materials. However, due to the long history and complex circumstances involved in the case, the court is still in the process of accepting the relevant materials for the indictment, and the case has not yet been filed.
This unsettled case, which will cause uproar every once in a while, has once again become the focus of public attention.
The defendant sued by the family of the victim was Nanjing University. Legal professionals who have been concerned about the "Nantan University's corpse case" for a long time believe that it may be difficult to determine responsibility.
Born in Taizhou, Jiangsu in 1976, Diao Aiqing was admitted to the off-duty class (specialty) of modern secretarial and computer application in the Department of Information Management of Nanjing University in 1995.
According to a report from the public security department at the time, Diao Aiqing disappeared on Qingdao Road near Nanjing University in the evening of January 10, 1996; on the morning of January 19, 1996, a large number of corpses were found near Nanda.
The police listed Diao Aiqing as a key pending victim, and notified Diao's father to come to Nanjing on the same day; on January 20-31, 1996, the police found the victim's head and clothing and confirmed that the deceased was Diao Aiqing; February-April 1996, After investigating the relevant areas in Nanjing on a large scale, the police failed to find the first scene of the broken body, and the case became a pending case.
Because of the weird circumstances of the case, the case has not been solved for more than 20 years, and it appears on social media topics from time to time, attracting attention from all walks of life.
This time the victim’s family of Diao Aiqing’s lawsuit is the most formal action taken by his family since the case occurred. According to relevant media reports, “Diao Aiqing’s family’s appeal is to require the school to bear tort liability and security responsibility, and the school to bear 1.62 million yuan. Compensation."
Regarding the object of the prosecution and the reason for the prosecution, the victim Diao Aiqing’s sister Diao Aihua said in an interview, “This time it is not for financial compensation, but for so many years. Our family members have always believed and waited for them to give us a satisfactory answer, but They didn't do it. They wanted to ask for an explanation if the family was hurt."
In this regard, lawyer Lantian Bin from Jiangsu Fade Dongheng Law Firm, who has been following the case of Nanjing University, believes that according to the Criminal Procedure Law, if the victim dies, the victim’s legal representative and close relatives are indeed entitled to initiate an incidental civil lawsuit. .
"However, generally speaking, only direct material losses caused by criminal acts will be claimed. The so-called direct material losses generally include the victim’s own medical expenses, nutrition expenses, lost work expenses, funeral expenses of relatives and dependents. A variety of expenses such as necessary living expenses. In addition, mental losses are not included in the compensation for such cases. The law does not require compensation for mental losses in such cases. Therefore, the amount of compensation in such cases is generally not very high. It may be as high as the 1.62 million yuan requested by Diao Aiqing's family."
"As for whether the Nanjing University that was sued was responsible, according to the facts of the case, Diao Aiqing was an adult when he was killed. If Diao Aiqing's close relatives want to make a claim, they must prove that the school had faults in education, management, etc., and whoever advocates will provide evidence. But considering that It is difficult to produce evidence in this case, and there is the possibility of being dismissed or dismissing the litigation request. Taking a step back, even if it is liable, the school's liability ratio is relatively low." Lan Lan Bin explained.
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