This is a question that Shen has repeatedly asked when looking for his son in recent years.
June 2022165438+1October 14 With the delivery of a paper, the answer was settled.
The "Execution Ruling" from Guangzhou Intermediate People's Court shows that after verification, Zhou Rongping and Chen Shoubi, the executors, have a property in Zunyi City, Guizhou Province, which will be auctioned. Part of the proceeds from the auction will be used for civil compensation to Shen and his wife. This means that the civil compensation part of the second-instance judgment of "Shen Cong case" which has attracted much attention from the society has entered the implementation stage.
At the end of 20021,the "Shen Cong case" was pronounced in the second instance. The criminal part upheld the previous judgment of first instance. crime of trafficking in children sentenced Zhang Weiping and Zhou Rongping to death, Yang Chaoping and Liu to life imprisonment, and Chen Shoubi to fixed-term imprisonment 10 year; The civil part ruled that the five defendants jointly compensated Shen and his wife for 395,000 yuan.
Shen and his wife
"There is no precedent to support criminal incidental civil compensation in cases of abducting and selling women and children. We were the first to apply and the first to get support. " On the day of receiving the enforcement ruling, I excitedly told the Shangguan reporter of Jiefang Daily on the phone.
Shen firmly believes that his persistence is an important step for the search group. "More and more parents will make such reasonable demands in the future."
1 14 years 10 14 days, and received the enforcement ruling from Guangzhou Intermediate People's Court. Photo courtesy of respondents
Ways to find children who have exhausted their family wealth
Until now, Shen can clearly remember the sense of powerlessness when he brought his son home for the first time.
June 5438 +2020 10, Shen Cong was finally found by the police. On March 7th of the same year, under the arrangement of Guangzhou police, Mr. and Mrs. Shen met their long-lost son 15 years in Guangzhou.
Shen deliberately chose to take it home at night. Before going upstairs, he stressed again, "son, there is nothing in our house."
Turning the lock cylinder is a very light action on weekdays, but it is extremely heavy at that moment. Shen is worried. He was afraid that Shen Cong would not like this poor family. "Like a defective person, he doesn't want others to know."
When I opened the door, I saw the cement floor, dusty walls and only a few small benches in the living room. A house bordering on roughness. Shen read the surprise from his son's eyes.
The family made every effort to find the missing child. Nearly 18 years have passed since the day of the accident, which was the beginning of the nightmare.
On the morning of June 4, 2005, Shen's wife Yu Xiaoli was cooking in a rented house in Zengcheng, Guangzhou. Suddenly, two strange men broke into the house with scotch tape, pepper water and other tools, bound Yu Xiaoli's hands and feet, sealed her mouth with scotch tape, put a bag on her head, and forcibly snatched Shen Cong, who was less than one year old in bed. Then, they sold Shen Cong to the buyer through the middleman "Yimei".
The sudden blow made this originally happy well-off family suffer heavy losses. "Before Shen Cong was robbed, I was the youngest manager of a Hong Kong-funded enterprise in a coastal city. At that time, I had a job and salary that most people envied, and my family had entered a well-off life in advance. " Shen recalled that after being robbed, finding his son became the most important thing in Shen's life.
He quit his job and looked for Shen Cong all by himself. He offered a reward of 200,000 yuan to collect clues and posted more than 800,000 copies of Looking for You in the streets. Even though the Shen family has sold almost all the saleable properties such as the old house, it still owes more than 600,000 yuan in debt. His wife Yu Xiaoli was in a trance all day in Lacrimosa, and was later diagnosed as depression and schizophrenia by the hospital.
This family situation lasted for more than ten years. After returning to China in 2020, Shen was eager to change his family's economic situation.
He is full of confidence. In his view, it is only a matter of time before the family can turn the corner, find a job and pay off the foreign debt of 600 thousand yuan. He also agreed with Shen Cong, "One year later, when you go to high school, I will change my family!"
However, a year later, his performance really improved, but Shen was unable to fulfill his promise. He can't find a breakthrough.
The bosses of two companies in Jinan vowed to find him a job with a monthly salary of 8,000 yuan, and also brought the media to promote it. After the media dispersed, the two bosses disappeared.
The personnel leader of a foreign state-owned enterprise called Shen and advised him to be realistic. That evening, Shen decided to drive away. However, the monthly driving income of more than 4,000 yuan is far from supporting the expenses of a family of five. He hopes to find another job during the day, so that he can learn new skills and experience, which is not easy. He suddenly found that "he neglected too much in these years."
Some of his habits seem to remain in the past, such as filling out forms in the labor market day after day and looking for job advertisements in the street until a media reporter came to interview him, help him optimize his resume and download job applications. In the following 20 days, Shen Junlianghai submitted more than 200 resumes, but did not receive an interview invitation.
Ten years ago, Shen was a workshop supervisor with a monthly salary of 5,000 yuan. Walking on the road of finding children, he is the father who has spent all his money and still refuses to give up; After finding his son, he seems to be an ordinary, depressed and confused middle-aged man.
In the early morning of May 5, 20021year, Shen was still wandering the streets, waiting for the list of drivers. Photo by Wang Qian
"Who will bear these losses?"
Let the traffickers lose money-Shen first had this idea six years ago. At that time, his expectation of compensation was optimistic, and the motivation of this matter "came from the anger in a father's heart."
On March 20 16, that is, after Shen Cong was abducted 1 1 year, five criminals, Zhou Rongping and Zhang Weiping, were finally arrested. At that time, Shen Cong was still missing.
Anxious to find the child, Shen Yilian hired two lawyers. At that time, it was beyond doubt to investigate the criminal responsibility of traffickers, but there was no precedent for proposing criminal incidental civil compensation, and Shen was not sure. "At that time, the trafficker was arrested, but the child has not yet been found. I'm really anxious. Walking on the road for so many years and spending so much money is a fatal blow to my family. How long do I have to keep looking? Who will bear these losses? " Shen recalled: With the help of a lawyer, he filed a lawsuit for criminal incidental civil compensation.
20 18 12, Guangzhou intermediate people's court made a first-instance judgment on this case, and found that five defendants committed crime of trafficking in children, involving nine abducted children. Zhang Weiping and Zhou Rongping were sentenced to death, Yang Chaoping and Liu were sentenced to life imprisonment, and Chen Shoubi was sentenced to fixed-term imprisonment of 10 year.
At the same time, the Shen couple's civil lawsuit of 3 million yuan was rejected. After the verdict was pronounced in the first instance, the Shen couple and the five defendants appealed.
Shen's attorney analyzed the reasons why the first-instance judgment rejected the Shen couple's civil compensation request at that time: First, the subject qualification problem, that is, the judgment wrote that "the victim Shen's whereabouts are unknown and his losses cannot be ascertained at present. Therefore, Yu Xiaoli, Shen's father and the victim Shen's mother, cannot file an incidental civil action as a legal representative "; Second, because of the lack of evidence such as relevant bills.
Shen Yi didn't give up at all. He tried his best to meet the legal requirements. For the evidence presented by the court of first instance, the Shen couple did not provide relevant diagnostic certificates, bills and other evidence. The basis of compensation and related evidence are systematically sorted out, including evidence that can be used to prove the Shen couple's lost time, Yu Xiaoli's medical expenses and the actual expenses incurred by Shen for many years.
"In addition to the diagnosis certificate issued by the Second People's Hospital of Shangqiu City, Henan Province at the first trial, before the second trial began, we collected the bills generated by related injuries and delays. At the same time, we also searched a large number of precedents to provide a precedent basis for the court to support civil compensation in this case. " Chang Lu introduced.
After the first-instance civil compensation request was rejected, Shen went out to find his son and began to pay special attention to accumulating various bills.
The real turning point came after the recovery of Shen Cong in early 2020. "The victim has found out that in the second trial, Shen and Yu Xiaoli filed an incidental civil action as legal representatives, and the litigants no longer have any problems." Liu Chang said, "In addition, Yu Xiaoli, Shen's mother, has a dual identity in this case-she is both the legal representative of the child trafficking victim and the direct victim of the trafficking case, because the defendant forcibly bound and controlled Xiaoli during the robbery. Therefore, her qualification as a litigation subject is even more problematic. "
On March 26th, 20021,the second trial of "Shen Cong case", which attracted much attention from the society, was held in Guangdong Higher People's Court. Mr. and Mrs. Shen, who are looking for their son for 15, have filed an incidental civil lawsuit, demanding that the five defendants, Zhang Weiping and Zhou Rongping, pay compensation for related expenses, lost time and spiritual comfort totaling 4801.39 million yuan.
"My son Shen Cong was kidnapped. 15 years, I've been looking everywhere. To this end, I lost my family, was heavily in debt, and my wife got schizophrenia. " At the trial site, Shen cried in court several times. "The pain of this separation of flesh and blood is really painful!"
202 1 12 10 "Shen Cong case" was pronounced in the second instance. The criminal part upheld the previous first-instance judgment, and the civil part ruled that the five defendants jointly compensated the Shen couple for 395,000 yuan.
Shen looked through the notes he made during the second trial of the case. Wang Qian was taken in May, 20021year.
"benchmark case"
After the verdict of "Shen Cong case" was pronounced in the second instance, Shen felt very proud. But at first, he didn't have much hope of getting compensation in the end.
"At that time, it was not investigated that several traffickers had executable assets, so we didn't have much hope for obtaining civil compensation at first. After all, there is no precedent to support criminal incidental civil compensation in cases of abducting women and children. " Shen said, "When we file civil compensation, we are more concerned that our actions will inspire other parents looking for children, and at the same time warn those traffickers who have not been caught to surrender as soon as possible."
On June 5438+065438+1October 14, 2022, with the delivery of an enforcement ruling, the civil compensation of Shen's family will be enforced.
After nearly a year's follow-up verification by the court, it was confirmed that the executors Zhou Rongping and Chen Shoubi shared a house property in Zunyi City, Guizhou Province, and part of the proceeds from the auction of the house property will be used for civil compensation for the Shen couple.
Auction announcement. Photo courtesy of respondents
On the day of receiving the Execution Ruling, Shen reported good news to everyone in the circle of friends, thanking Guangdong Higher People's Court, Guangzhou Intermediate People's Court and social caring people, and said: "Although the amount of civil compensation can't make up for the harm caused to our family by traffickers during 15, as a benchmark case in the judgment of trafficking cases, it has been supervised by the Ministry of Public Security from the beginning to the final judgment of Guangdong Higher People's Court, and now Guangzhou Intermediate People's Court has implemented our case according to law, which reflects the relevant departments at all levels of the country.
In these years, Shen always appeared in the search group before and after looking for his son.
Whose child has experienced more than ten years of tossing, he will always be the first to stand up and say "very excited"; Whoever abducts and sells children has not been severely punished, he will also stand up and comfort his comrades-in-arms for the first time and express his unwillingness. Shen, who is "everywhere", is concerned with "things before finding a child" and "things after finding a child" in this circle.
In this interview, he told reporters many times that parents looking for children must be reminded. "If you want to file a civil lawsuit, you must consciously keep the bills that generate expenses on the way to find your loved ones." "If the court rejects your civil lawsuit, they must reapply within one week."
In fact, the criminal incidental civil compensation lawsuit triggered by the Shen Cong case did have a "demonstration effect" among the relatives-seeking groups.
Another well-known father, Sun Haiyang, also filed a civil compensation claim of 5 million yuan with the court. "I referred to the calculation method of civil compensation proposed by Shen, the father who found the child before, to the trafficker." Sun Haiyang explained.
Like Shen, getting compensation is not their ultimate goal for me. Sun Haiyang once publicly said in a live broadcast on the evening of June 15 this year: "I offered compensation of 5 million, and I know he can't afford it. My purpose is not to make him lose money, I just want him to have debts that he will never finish. "
Zhang Zhiwei, a kidnapping lawyer who has known Sun Haiyang for 10 years and vice president of Beijing Haidian District Lawyers Association, said that among the families he met, there was no evidence of the crime of trafficking in human beings after the traffickers were arrested, and there were not a few who were finally sentenced lightly; In addition, there are very few cases in which the court adjudicates that the victim's family gets civil compensation, so many parents give up because of realistic conditions, although they want to apply for civil compensation after the trafficker is arrested. "Traffickers take advantage of legal loopholes, bite to death and deny their past trading behavior, and finally get a light sentence for kidnapping instead of trafficking. Criminal sentencing is not heavy, and the road to civil litigation is heavy, which will also bring secondary harm to families who find children. "
This time, the Shen family is expected to get compensation, which has caused quite a shock in the circle of finding relatives. As Liu Chang said: "This should be the first case that has received civil compensation in the trafficking case with high social concern, and it is also a case that has received a large amount of civil compensation in the trafficking case. This is the result that the Shen couple have been insisting on. "
Shen once told reporters that when he was driving, he met a local judge who recognized him. The judge took his hand and said to him with emotion, "Guangdong High Court is great!" The judge also told him that "Shen Cong case" was rated as a benchmark case in the system. At that moment, Shen felt that he had ushered in a rare "proud moment" in ten years.
The original manuscript of Shangguan News in Jiefang Daily is strictly prohibited to be reproduced without permission.
Author: Lei Ceyuan Yang Qian