1. Case of Passion Fruit Girl's murder The girl's name is Yang Xiaoyan, and she is a fourth-grade primary school student at Xin Ping Primary School Bench Teaching Point in Xinping Village, Blau Town, Lingshan City, Guangxi. At noon on October 4th, 2065438+081kloc-0, Yang Xiaoyan picked passion fruit clouds in his own field and sold them at the price of 32 yuan. On her way home, she died after being raped by Yang Guangyi, a villager in her village. The court of first instance sentenced the murderer Yang Guangyi to death for committing rape, and the execution of the second instance was suspended. After the Supreme Court ordered a retrial, he was sentenced to death and has been executed.
Two. About Civil Compensation 2065438+In August 2009, Chen Liyan, the mother of Passion Fruit Girl, filed another civil compensation lawsuit with Lingshan People's Court, and Chen Liyan and Yang Guangyi reached a civil mediation. According to the civil conciliation statement, Chen Liyan asked the defendant Yang Guangyi to pay 285,474 yuan for economic losses and 30,000 yuan for mental damages.
According to the civil law, Yang Guangyi has full capacity for civil liability, and the compensation should be borne by him personally. His parents, relatives and friends have no legal obligation to help him make compensation. After Yang Guangyi was executed, he could only pay by his personal inheritance. Yang Guangyi is a bachelor. He doesn't even live with his parents. Where can he have any property to enforce? The court checked Yang Guangyi's bank card, and it was only 100 yuan. If his father and relatives and friends don't take the initiative to compensate, the court can't enforce it, and the relatives of the deceased can't get compensation.
Three, about this 32 yuan, this 32 yuan is the income of passion fruit girl selling passion fruit. The court ruled that it was a judgment obligation to return this 32 yuan according to law. The court asked the mother of the deceased to collect money, which was also the result of the court's judgment. This money is "refund", not "compensation"! I feel that in this news event, both the court and the media should play down the handling, and should not report it again, hurting the public's nerves.
4. What if the mother of the deceased can't get compensation? Judging from the current situation, we can only hope for judicial assistance channels. Shao Zongqi of Tengchong, Yunnan, shot and killed six people because his wife cheated. The families of the two deceased applied to the court for more than 500,000 yuan of civil compensation. After Shao Zongqi was executed, the court could not execute it. The Higher People's Court of Yunnan Province issued1100,000 yuan to complete the execution procedure of national judicial assistance. Li Zhenxu, shifang city, Sichuan killed his ex-girlfriend and fed it to the dog. Because the murderer was given a suspended death sentence, the civil compensation case could not be executed. Recently, the mother of the deceased received more than 20,000 yuan in judicial assistance and settled. Therefore, the mother of passion fruit girl can only hope for judicial assistance, and there is basically no way to claim compensation!