Source: Surging News

Author: Lu Xinwen

On January 3, 2023, Weibo Words#<<<<<<<<<<<<<<<<<<<<<<<<<<, causing heated discussions.On the evening of the 2nd, Liu Xin (now named Liu Nuanxi) published an article through Weibo account@L-N-X-Wisteria, saying, "Since the court is judged like this, I can only carry it. If someone is willing to help me, I would like to thank you, I will have a oneIn the pen, I hope to have the opportunity to repay. "The article opened the reward function. On the evening of the 3rd, Liu Xinfa said that it had closed the reward and received a total of 25,600 yuan (RMB, the same below, S $ 4978).

On December 30, 2022, the Qingdao Intermediate People's Court sentenced Jiang Ge's mother Jiang Qiulian and Liu Xin's life rights to finalize the final judgment: rejected the appeal and maintained the original sentence.Liu Xin needs to compensate Jiang Qiulian's economic losses of 496,000 yuan and 200,000 yuan in mental damage.

Liu Xin's behavior on Weibo has caused huge controversy.At present, the Weibo account@L-N-X-Wisteria is already permanently prohibited.At the same time, the above article published by the account has been deleted for infringement of complaints.On the afternoon of the 4th,@员 4 4 said that on the Internet that "launched online fundraising", the station had actively closed the user@L-N-X-Wisteria's reward function and restrict its withdrawal.

For this matter, some lawyers believe that Liu Xin's bank is similar to crowdfunding, and he is sentenced to compensate Jiang Ge's mother's mental loss, and crowdfunding compensation may hurt the other party again.Seriousness.

Liu Xin's Weibo account has been permanently banned, reward is restricted to withdraw from

On the evening of January 2nd, Liu Xin's Weibo account@L-N-X-Wisteria published an article mentioned: "Since the court is judged like this, I can only carry it. If someone is willing to help me, I thank you, I will take a note, I will take a note, I will take a note, I will take a note, I will take a note, I will take a note, I will take a note, I will take a note, I will take a note.I hope to have the opportunity to repay. "The article opened a reward function, and some media reports said that hundreds of people rewarded the article.

Surging news noticed that the article was edited and modified later, and the above text was modified to: "This is my own cause and effect, my own debt, since the court judged this, I can only carry it. It should be me I should bear me myself.I must bear it. I have my hands and feet. I am not afraid of suffering. I can do whatever and dirty work. These funding, I will publicize the whereabouts, and I will go back all after I make money. "

At 19:00 on January 3, the surging news noticed that the aforementioned article released by@L-N-X-Wisteria has closed the reward function.Subsequently, at 22:58, the account posted that it had closed the reward and received a total of 25,600 yuan, and said: "Every point I will use to pay the court's compensation ..., Go to the whereabouts, and accept everyone's questioning and review at any time. "

In this regard, Jiang Ge's mother Jiang Qiulian posted a Weibo on the morning of January 3 that Liu Nuanxi registered an account on Sina Weibo@L-N-X-Wisteria and continued to distort the facts of the case to slander the victims Jiang Ge and Jiang GeMother and agent lawyer also initiated online fundraising on the compensation of the judgment to apply for the administrator to close the account.

On the 4th, the Weibo account@L-N-X-Wisteria is permanently banned.On the afternoon of the same day,@员 当 said that after the verification, the user@当 6_6 consumed and attacked the family members of the victims through private messages, likes and other forms, and closed the account in December 2019.Because the user@L-N-X-Wisteria is@因 6_6 reincarnation account, the station will permanently prohibit the@L-N-X-Wisteria.

As for the "initiating online fundraising" on the Internet,@微 <

Lawyer: Liu Xinxing may cause mental injury again, damage to the seriousness of the judgment

Liu Xin obtained the compensation of "fundraising" through Weibo account@L-N-X-Wisteria. How should I evaluate?

Lawyer Lu Xuan, founding partner and director of Shanghai Fuguan Law Firm, believes that the above behavior does not belong to the charity fundraising described in the Chinese Charity Law.Or the rescue of major illnesses raised funds to the society, and the gifts were given to the donor, which only constituted the legal relationship of the gift contracts in general civil law, not the legal relationship of charity donations or public welfare donations.

Xing Xin, a senior partner and lawyer of the Jinzhou Law Firm of Hunan, believes that according to the current charitable law, public fundraising must obtain a fundraising qualification, and the fundraising of the public initiated by the individual is banned.And Liu Xin's behavior should be an individual's asking for help rather than fundraising.

Xing Xin believes that in terms of Jiang Ge's mother's sue Liu Xin case, the purpose of the court's decision compensation is not only the protection of the property interests of the victims, but also the protection of her personality interests.Even if Liu Xin did not violate the law through raising compensation, it violated the public order and good customs. At the same time, it was also a negative demonstration of Jiang Ge's mother Jiang Qiulian's emotional attack, and it also played a negative role in the social effect of the law.

Ding Jinsun, a lawyer of Shanghai Dabang Law Firm, believes that Liu Xin's bank is similar to crowdfunding.He believes that there are two levels of legal issues of "Liu Xin's fundraising": in the first level, the second instance maintains the first instance judgment and ordered Liu Xin to compensate Jiang Qiulian's infringement of nearly 700,000 yuan.The judgment industry has come into effect, so Liu Xin has the obligation to fulfill the judgment; in the second level, Liu Xin is appropriate to perform the obligation of the judgment with crowdfunding?It is necessary to see if the "fundraising" behavior violates the public order.Article 8 of the Civil Code stipulates that "civil parties engaged in civil activities must not violate the law, and must not violate public order and good customs." Article 153 Paragraph 2 stipulates that "civil legal acts that violate public order and good customs are invalid."

Ding Jinsun said that the court's judgment Liu Xin must compensate the plaintiff's mental loss, and the compensation for fundraising and compensation may once again hurt the plaintiff in spirit, which will be damaged by the court's judgment.

If Liu Xin did not perform compensation within the deadline, when could Jiang Qiulian apply for mandatory execution?Xing Xin said that according to the first instance judgment, the defendant compensated the plaintiff's various losses and mental damage for 696,000 yuan within 10 days from the date of effectiveness of the judgment.Compensation is completed within the period, and Jiang Qiulian can submit an application for enforcement to the court of first instance or the court of enforcement with the same level as the first -instance court with the same level of the first instance court.