The Deputy headmaster died of drunk driving and was suspended. The father of the deceased wants to appeal to the end.
source: Hunan Radio and television station - Legal weekly
Chief Zhu Chunxian of legal weekly sent from Nanchang, Jiangxi Province.
core tips
until now, Yang Weiguo is still looking for the reason why his daughter can not die every day, "If I hadn't suffered from that disease, I would have bought a car earlier, and my daughter wouldn't have used it at noon that day. 4. The power source (electromechanical) of the experimental machine also asked the motor to take the bus to school, so that I wouldn't have been hit by Liao Weiming."
more than a year ago, in the ward where her daughter Yang Fei was dying, facing her classmates who came to see her daughter for the last time, Yang Weiguo said with infinite regret, "I'm sorry for you, I didn't keep Yang Fei..."
escaping everything her daughter had before her death became the only choice for this husband and wife. After dealing with the aftermath of Yang Fei, 54 year old Yang Weiguo moved out of his home in Nanchang City and lived in his parents' home in Nanchang County. In addition to commuting, Yang Weiguo and his wife refused to enter the urban area of Nanchang, including a business department of China Merchants Bank where Yang Fei had a short internship, and a Chinese and western restaurant where Yang Weiguo had a meal with Yang Fei during the postgraduate entrance examination... These places have become Yang Weiguo's Taboos
Yang Weiguo believes that his daughter has lived in Nanchang for 23 years, and her traces are everywhere. Coming to these places will only make the pain of losing his daughter more tear his heart
but the pain in his heart did not stop Yang Weiguo from asking for a fair answer for his daughter. On the morning of December 13, 2012, Yang Weiguo came to the Jiangxi Higher People's court to submit a petition, which was rejected and transferred to the Nanchang intermediate people's Court of Jiangxi Province for submission
"I have lost my daughter, and I don't want to lose the fairness of the law!" Yang Weiguo said that even if he used up the rest of his life, he would go to the end of this road
● two deaths and four injuries caused by drunk driving by the vice president of Jiangxi Agricultural University were commuted to probation at the second instance, and the parents of the deceased did not stand up to protest
● Yang Weiguo, the father of the deceased Yang Fei: the main purpose of filing a lawsuit is to make the law fairly reflected, so that those who violate the law can be investigated
● Yang Weiguo submitted thousands of words of complaint to Nanchang intermediate people's court and raised many questions
daughter's last tear
on December 4, 2012, Nanchang intermediate people's Court of Jiangxi Province issued a criminal judgment on Liao Weiming's drunken driving incident: first, maintain the lawsuit request made by the people's Court of Nanchang Economic and Technological Development Zone to reject Yang Weiguo and Cai Li's request for Liao Weiming to compensate 1 yuan for the death of his only child; 2、 Rescind the judgment of the people's Court of Nanchang Economic and Technological Development Zone that sentenced Liao Weiming to three years' imprisonment for committing the crime of traffic accident; 3、 Liao Weiming was sentenced to three years' imprisonment with three years' probation for committing the crime of traffic accident
the parents of the deceased Yang Fei, Yang Weiguo and Cai Li, immediately protested against the judgment by not standing up
Yang Weiguo claimed to pat the table on the spot, saying that the judgment of the first instance was originally extremely light, but he didn't expect that the second instance actually sentenced him to probation. After the announcement of the verdict, a large number of doubts about the verdict also appeared on the Internet
after returning home, Yang Weiguo and Cai Li hugged each other and wept. They found the piece of paper involuntarily. On the paper, It is a small article written by Yang Weiguo himself, "the last tear of my daughter": "Daughter, when the ruthless car rushed towards you, for a moment... You know? It was drunk driving! The driver was actually a doctoral supervisor and vice president of the University! You want to ask: Why did he rush the car towards the students who entered the gate of our campus? He should understand the harm of drunk driving and the importance of safety at the gate of the campus! You shed the last tear of regret!"
"as I looked at this essay written a year ago, tears flowed into my eyes." On the morning of December 12, Yang Weiguo said in an interview with legal weekly that his daughter died unjustly
On the afternoon of the 12th, Yang Weiguo and Cai Li took them to the gate of Jiangxi University of Finance and economics, pointed to the semicircular terrace on the street, and said that it was here that their daughter finished her last journey in life, and liaoweiming, the vice president of Jiangxi Agricultural University, who was diagonally opposite, took her lifeYang Weiguo said that he rushed to the Jiangxi Provincial People's Hospital as soon as he got the news. "As soon as I went in, I saw my daughter lying there quietly. At that time, I realized that my daughter would not wake up again."
"her mother gently wiped the blood off Yang Fei's body and pressed her down jacket on her." Yang Weiguo said that his wife did not believe that her daughter had left like this. She was afraid that her daughter would be cold, so she covered her daughter with her clothes and gently called her daughter to be strong
"just when we kept calling our daughter's name to make her strong, a tear flowed from the corner of her eyes." Yang Weiguo recalled with tears, which were deeply engraved into his heart and will never be forgotten. Afterwards, Yang Weiguo wrote the essay "the last tear of his daughter" with tears to commemorate his daughter Yang Fei
sudden disaster
23-year-old Yang Fei was a second year student at Jiangxi University of Finance and economics. In the photo, she has pure and innocent eyes and a beautiful face. In Yang Weiguo's view, her daughter not only has a good temperament, but also is a filial and caring person. Before the Spring Festival in 2010, Yang Fei was arranged by the school to practice in a unit in Shenzhen. After the Spring Festival, she was sent by the internship unit to Lanzhou Xining Special Steel to participate in a project. "Two days before the accident, my daughter also went to Lanzhou street to buy the best local beef jerky and other specialties, ready to give them to her grandparents and classmates..."
in the afternoon of March 4, 2011, Yang Fei returned home from Lanzhou to Nanchang, and her signature still reads: "the next day I will fly back to Nanchang, I look forward to looking forward to..." Yang Weiguo told me that her daughter was very careful, and when she came home, she brought back those specialties, She has sorted out which items to give to whom. At about 1 noon the next day, she finished lunch at home and left home with gifts for her classmates
when closing the door, Yang Fei said to Yang Weiguo in the room, "Dad, I'm leaving."
two hours later, Yang Weiguo's sky fell
Yang Weiguo said that his daughter had to transfer two buses from home to Jiangxi University of Finance and economics. Afterwards, he learned that his daughter had just got off the No. 240 bus and was knocked down by an SUV driven by Liao Weiming when walking to the school gate dozens of meters away
it is noted that in the No. 120 criminal incidental civil judgment issued by the Nanchang intermediate people's court, the appellant liaoweiming said that he had an accident while driving to the Agricultural University after drinking two glasses of red wine and two sticks of Huoxiang Zhengqi water. "At that time, the accelerator was mistakenly used as the brake... The vehicle came into contact with pedestrians..."
according to the police investigation, the pedestrians Liao Weiming first hit were zhengliwen and Yu Zehui, students of Jiangxi Agricultural University
Yu Zehui, who is now a junior at Jiangxi Agricultural University Business School, told this newspaper that on March 5, 2011, he and his classmate zhengliwen went to the University of Finance and economics opposite the school to buy daily necessities, and when they came back, they walked to the bus stop at the gate of the University of Finance and economics, "It was about 3:10 p.m. when we were about to cross the road. I looked to the right first. There was no car, and I lost consciousness before my head turned around... Until I woke up the next day, when I was lying in the emergency department of Jiangxi Provincial People's hospital." The car accident caused fracture of his leg and contusion of the optic membrane of his right eye, which was the most serious of the four injured. Yang Fei and passer-by Tang Hongbing failed to rescue and died
"crying is sorry for his daughter"
for Yang Weiguo, he has no complete impression of many things after his daughter's death. Great grief made Yang Weiguo completely collapse. After returning from the hospital, Yang Weiguo didn't go back to his own home, but lived in his wife's brother's home. "Those days, I lay in bed all day and couldn't get up. I woke up at threeorfour o'clock in the middle of the night every day and sat on the bed and shouted, 'Yang Fei, come back!' Yang Fei, what the hell is going on! '"
Yang Weiguo said that his wife's and uncle's house was not big, but he still made room for himself. Those naive people were very sorry for them, although they knew that they had affected their lives, But as long as he is awake, he will call his daughter's name, and he can't control it
Yang Weiguo said that his wife Cai Li was stronger than himself. When he completely collapsed, it was his wife who took care of the affairs behind his daughter
"at the beginning, Nanchang local media did not report. A TV station in Shandong reported a little, but did not mention drunk driving. This report had a great shock among the students of the University of Finance and economics, and the students posted the truth." Yang Weiguo said that after the director of Jiangxi Provincial Department of education noticed the news, he made a special trip from Beijing to Nanchang. Three days later, on March 8, the public security organ announced the relevant information of the traffic accident on the Internet, pointing out that it was drinking and driving, but only mentioned Liao, and did not disclose the identity of Liao Weiming's vice principal
on March 10, an official of Jiangxi Agricultural University announced the school's announcement, saying that the accident was a personal act and the school would not interfere with the administration of justice. The drunken driving incident of liaoweiming, vice president of Jiangxi Agricultural University, soon became a hot spot and attracted attention
from March 11, Liao Weiming's family representatives met with Yang Weiguo and others at the internal hotel of Jiangxi Agricultural University to begin negotiations on civil compensation. After repeated exchanges, a compensation agreement of 850000 yuan was finally reached, and Yang Weiguo signed the mediation agreement and judicial understanding
"at the time of the accident, I was not at the scene, nor did I see the case file, and I was not clear about the course of the incident, but I was worried that because of this, I would not investigate the crime." Yang Weiguo said that after signing and returning to the hotel, he cried on his bed, "I'm sorry for my daughter. My daughter is gone, and I still talk about money with others, which hurts!"
filing a lawsuit is not "dishonest"
last October, this case, which attracted the attention of many media across the country, opened in Nanchang first instance. The court ruled that Liao Weiming was sentenced to 3 years for traffic accident. Previously, the plaintiff and the defendant had reached a civil mediation agreement, and Liao Weiming paid nearly 2.1 million yuan in compensation to the families of the deceased and the injured. However, both the plaintiff and the defendant appealed the first instance judgment
at 3:15 p.m. on December 4, 2012, Liao Weiming's case of two deaths and four injuries caused by drinking and driving was adjudicated in the second instance of Nanchang Economic Development Zone court. The Nanchang intermediate people's court rejected Yang Weiguo and Cai Li's claim for compensation of 1 yuan for the death of the only child, and sentenced Liao Weiming to three years' imprisonment with three years' probation
when he returned home that day, Yang Weiguo wrote a complaint
although Yang Weiguo admitted that he had signed a civil compensation agreement and understanding, he believed that this did not affect his adherence to legal fairness. (legal weekly:) "in China, the diameter is about 82mm, and the death of the only child has made its parents suffer more special damage. If the production, use and consumption are carried out in strict accordance with the relevant national rules and regulations and standards, I file a criminal incidental civil lawsuit as a person who has lost his independence with a compensation claim of one yuan." Yang Weiguo explained that with the help of lawyers, he studied the current situation of the group of people who lost their independence in China, and with his own personal feelings
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