Get beaten up on the way to school
On Monday, June 29th, when Zheng finished school at 6 pm, he was surrounded by more than a dozen students from other schools.
Ms. Zhang, a staff member of a restaurant near the school, recalled that a child was still holding a stick and holding the uniform collar of the boy who was beaten. Zheng once rushed out of the beating crowd two or three times, but he was arrested and continued to be beaten. "Because students often fight near the school, everyone is used to it, and no one expected to die."
Zheng's mother, Ms. Feng, said that the child later went home and asked himself around his classmates, "Why do you want to identify him?" Zheng didn't fight back after being beaten, but began to run away. It was not until about 300 meters away from the school that Zheng Cai was rescued by good people passing by and put on the bus. At this time, it has been more than ten minutes since Zheng walked out of school.
Zheng's cousin recalled that his brother had no obvious trauma when he came home, but his lips and fingers were purple. Tears welled up in his eyes when he saw his mother. Zheng told his mother that his whole body ached, especially his headache. Ms. Feng quickly took the child to the hospital and informed the child's class teacher and Xiaoke's parents.
No one in the hospital realized that Zheng might die at that time. He didn't do any specific treatment in the hospital, but he has been doing various tests. Although Zheng's ECG showed normal, during CT examination, Zheng suddenly became stiff and his eyes were upside down. After being rescued, Zheng died at 9 o'clock that night. According to the autopsy report issued by Yuzhong District Public Security Bureau in Chongqing on July 27th, Zheng died of acute respiratory and circulatory failure due to myocarditis.
Afterwards, Xiaoke was under the control of the police. According to the mutual confirmation of lawyers of both sides, except Xiaoke, five students have been under the control of the police and have been arrested by the procuratorate. The police also confirmed that there were more than 10 students present at the time of the incident, but not all of them started beating people, and the exact number is still under investigation.
Help parents find trouble.
It was Friday three days before the incident, and Xiaoke didn't come home that night. Xiaoke's father said that it was the first time that Xiaoke didn't go home at night since he was so old. At noon on Saturday, Zheng Yi's family wanted to help them find their son. They don't know Zheng's contact information, so they ask the class teacher to contact Zheng.
Ms. Feng said that she received a phone call from Wang Hong at noon 1 1. Zheng knew that Xiaoke often went to the black Internet cafe near the school, so he agreed. Ms. Feng is worried about her son's safety and doesn't want him to go. But she thought it was not easy for her parents, so she agreed. Mr Zheng He met and soon found Xiao Ke. At 4 pm, Zheng returned home.
Xiaoke's father recalled that Zheng went to the Internet cafe first, because the appearance of the black Internet cafe near the school was the same as that of the private house, and adults could not open the door, so Zheng had to go in and find Xiaoke. Xiaoke's father said that after Zheng entered the Internet cafe, he chatted with Xiaoke for more than ten minutes and came out together.
Xiaoke was caught by his parents in an Internet cafe, and the news quickly spread among his classmates. In the evening, many students greeted Xiaoke through QQ: "Are you miserable?" "Is your dad beaten enough?" This is what Xiaoke's father saw from his son's chat record afterwards. He recalled that in fact, he did not hit the child afterwards, but reasoned with the child, because this was the first time that the child had made such a mistake. Xiaoke's father also saw Zheng Fa's explanation. He told Xiaoke that he didn't mean to arrest him, but did so at the request of his parents. Judging from Xiaoke's reply, Xiaoke didn't hold a grudge against Zheng, and the two sides chatted happily soon.
Xiaoke's father said that according to Xiaoke's own memories, he just wanted Zheng to apologize to himself in public and made an appointment with three or four friends outside the school to cheer him up. Unexpectedly, he saw more than a dozen people outside the school. These people didn't listen to themselves at all, and they started to do it as soon as they came up. The fight was completely out of control, and Xiaoke did it himself. Xiaoke's father said that this was the first time Xiaoke organized a group fight, and the children were frightened when they came home, and their eyes were wide open. So far, family members are afraid to tell their children the news of Zheng's death, for fear that their children can't stand it psychologically.
From good friends to alienation
Xiao Ke is 13 years old, two years younger than Zheng. Since primary school, they have been classmates and have a good relationship. In primary school, both of them studied very well and were admitted to the key classes of the city's key forty-two middle schools together. The Zheng family is in a bad situation, and their parents make a living by setting up stalls. Xiaoke's family is much better, and his father is in business. Xiaoke also has the reputation of "helping others save money" among his classmates, and often treats guests at food stalls near the school. As a good friend of Zheng, I naturally got a lot of "favors".
According to several of Zheng's classmates, after entering junior high school, Xiaoke's grades dropped significantly. He doesn't like attending classes, often doesn't finish his homework, and often surf the Internet in black Internet cafes. The teacher arranged for Xiaoke to sit in the last row of the classroom. As long as he didn't disturb others in class, the teacher generally ignored him. Teachers also teach students not to be influenced by trivial matters. Zheng also gradually alienated Xiao Ke.
Different from Xiao Ke, Zheng's grades in junior high school have been kept at the upper-middle level in the class, and he is also an obedient child in the eyes of teachers.
Ms. Feng said that she heard from Zheng that Xiaoke likes to go out to surf the Internet after school. At first, Zheng will go to the black Internet bar with Xiao Ke, so he knows where he is surfing the Internet. Because surfing the Internet delayed his homework, and because of Mr. Feng's preaching, Zheng gradually reduced the number of surfing the Internet with Xiao Ke. Under the influence of family, Xiaoke was also labeled as a "bad boy" in Zheng's heart. Zheng's sister recalled that her brother had expressed his willingness to alienate Xiaoke, and Zheng's evaluation of Xiaoke became more and more negative. "He said that Xiao Ke is getting worse and worse now, and he doesn't want to continue to be friends with Xiao Ke."
Ms. Feng said that they are still good friends on the surface. They all joined the school basketball club and often go home together after school. Both parents know that their children have such a friend. Therefore, when Xiaoke's parents found their children staying out for the night on June 27th, they immediately thought of asking Zheng for help.
Black Internet cafes only accept regular customers.
The Beijing Times reporter interviewed five or six merchants near No.42 Middle School randomly, and they all knew about the existence of black Internet cafes. Mr. Chen, a merchant, said that these black Internet cafes have long been closed. If children want to surf the Internet, they will knock on the door, and the stationmaster will probe out from the door to check, and only familiar students will put it in. Unfamiliar students will let "regular" students take them into the Internet cafe. Ordinary adults knock at the door, and the network manager won't open the door at all, so this kind of black internet bar is very hidden and difficult to find. According to Mr. Chen, there are at least three or four such black Internet cafes near No.42 Middle School. Vice President Zhang of No.42 Middle School said that he didn't understand the situation of black Internet cafes. However, for the safety of students, the school has repeatedly banned students from surfing the Internet in informal Internet cafes.
Vice President Zhang said that the school didn't know about the off-campus fighting, because there were four or five schools near No.42 Middle School, including Bashu Middle School and Renhe Street Primary School. As far as he knows, students in No.42 Middle School seldom take part in fights, and there are few fights in the school.
The negotiations have not yet reached an agreement.
After Zheng's accident, the family felt that the school should bear the corresponding responsibility for the child's death, because the cause of the incident was that Zheng He's class teacher went out to find Xiao Ke together. Wang Hong declined an interview with the Beijing Times reporter on this matter. The school believes that the incident occurred outside the school gate of 100 meters. Except Xiao Ke, there were no students in No.42 middle school. Therefore, the school did not take the initiative to take responsibility. Zhang Xiaohui, vice president of No.42 Middle School, said in an interview that the school is fully cooperating with the police investigation. In the future, if the court decides that the school is responsible for this incident, the school will enforce it according to law.
Under the organization of the local police station, Xiaoke's father and Ms. Feng have already negotiated on compensation. During the negotiation, Xiao Ke's father is willing to pay 200,000 yuan, and Zheng Jiaxi's compensation amount is 6.5438+0.5 million yuan. The gap between the two sides is too big, and the negotiations are unsuccessful. Xiaoke's father said that although Xiaoke spends a lot of money among his classmates, his family is not a "rich second generation" family, and it is the limit to spend 200,000 yuan at a time.
Lawyer's statement
The compensation should exceed 500 thousand
Chang Boyang, a lawyer of Henan Railway Law Firm, said that although wang hong took Zheng to find the cause of the fight, he did not instigate the fight, so the school should not bear too much responsibility.
Chang Boyang said that according to the provisions of China's Tort Liability Law, anyone who infringes on others and causes personal injury or death shall be compensated for funeral expenses and death compensation, and his family members may also request compensation for mental damage. According to the compensation standard of death compensation in China, the amount of compensation is calculated according to the objective standard of per capita disposable income of urban residents in the last year where the court of appeal is located, and the fixed compensation period is 20 years. According to public information, the per capita disposable income of urban residents in Chongqing in 20 14 was 25 133 yuan. Therefore, the death compensation that Zheng's family can get should be more than 500,000 yuan. However, the money was shared by the families of all the students who participated in the group fight. If Xiaoke is finally judged as the ambassador, the amount they are responsible for will be slightly higher than that of other families.
Wang Faxu, a lawyer of Beijing Shi Jing Law Firm, said that according to the relevant laws and regulations in China, minors under 14 are not required to bear criminal responsibility, while minors between 14 and 16 bear criminal responsibility, but they face much lighter punishment than those over 16. In this case, Zheng died after being beaten, and the minors involved in the fight were suspected of intentional injury, which had a bad influence. People involved in fights, regardless of age, can be sentenced to death at the highest. But if minors are involved, the maximum sentence can only be life imprisonment. If they are under 16 years old, the penalty they face may be about 10 years in prison.