Chapter 215 Whether it is a legal right

Li Chao retracted his gaze and confidently and calmly stated: "Dear judge, as the plaintiff's entrusted agent, I hereby state as follows:

In August 1997, Nie Yun, the daughter of plaintiffs Nie Haihua and Li Xiaolian, registered their marriage with defendant Liu Qiang.

In 2008, Liu Qiang's business became bigger and bigger, and after he became rich, there was friction in the life of the husband and wife, and the relationship between the husband and wife changed.

The second plaintiff, as a parent-in-law, persuaded Liu Qiang to cherish his family and be the person in charge of the family.

Unexpectedly, Liu Qiang not only did not listen, but thought that he had lost face, and had a fierce quarrel with Nie Yun and the second plaintiff, thus holding a grudge against the second plaintiff.

On January 4, 201X, Nie Yun died of illness, and the next day there was a spark, and the ashes were kept by her husband Liu Qiang.

Plaintiffs Nie Haihua and Li Xiaolian repeatedly asked their daughter Nie Yun's ashes if and where they were buried, but Liu Qiang refused to answer because of his previous hatred.

It is human nature to miss and pay tribute to loved ones. Plaintiffs Nie Haihua and Li Xiaolian repeatedly asked to sacrifice their daughters, but Liu Qiang also unreasonably refused.

Now Nie Yun's ashes are under the control of Liu Qiang, who refused to bury the ashes of the second plaintiff's daughter because of his grudges, and resolutely refused to allow the second plaintiff to perform sacrifices, making it impossible for the second plaintiff to sacrifice his deceased daughter.

It has been three years and three months since his daughter was cremated, and due to defendant Liu Qiang's non-cooperation and strong refusal, the second plaintiff still does not know the whereabouts of his daughter, and he has not sacrificed his daughter.

In summary, the defendant's conduct violated the second plaintiff's right to sacrifice and caused mental trauma to the second plaintiff. In order to protect the legitimate rights and interests of the plaintiff, a lawsuit was filed with the court.

We request the court to order: 1. The defendant Liu Qiang to bury the ashes of the second plaintiff's daughter Nie Yun within half a month; 2. Defendant Liu Qiang should pay 20,000 yuan to the second plaintiff for mental damages; 3. The litigation costs of this case shall be borne by the defendant. ”

Li Chao emotionally stated the prosecution opinions, and these words touched the sadness of Nie Haihua and Li Xiaolian, and their eyes were slightly red.

Liu Qiang heard Li Chao's statement and accusations, but he shrugged his shoulders indifferently and scolded softly: "The ashes of the stinky woman are your eggs." ”

When Ning Weicheng was making Li Chao's statement, he listened and thought about the rebuttal points. After Li Chao finished speaking, Ning Wei was already confident and confident.

"The defendant shall now submit its own defense to the plaintiff's claim, as well as the facts and reasons."

It was the defendant's turn to plead. Ning Weicheng raised his head and replied confidently: "Distinguished judge, as the agent of the defendant Liu Qiang, I hereby make an oral defense as follows.

First, this case does not fall within the scope of civil cases. The right to sacrifice is not a legal concept, its formation originates from social customs, the law does not stipulate dozens of circles, and the disputes arising therefrom are resolved by relatives themselves, and do not fall within the scope of civil cases.

We did not infringe on the right of sacrifice of the second plaintiff at all, and the second plaintiff could burn paper and incense to commemorate his daughter at any time, and did not need our cooperation.

Second, our actions are not illegal. Our client's wife died of illness. As a husband, defendant Liu Qiang kept his ashes reasonably and legally.

Therefore, we request the court to dismiss the claims of the two plaintiffs in accordance with the law. ”

After one lawsuit and one defense, the adjudicator summarized: "According to the content of the speeches of the prosecution and defense, the focus of the dispute in this case is summarized as follows: 1. Whether the right to sacrifice is a legal right; 2. Whether the defendant's conduct was at fault. Do the parties agree on the focus of the dispute? ”

"Agreed."

"The following parties present and cross-examine evidence on the focus of the dispute in this case and their respective claims. First, it is up to the plaintiff to present evidence. ”

Li Chao took out the prepared evidence materials and said loudly: "We submitted four sets of evidence: 1. The certificate of the sub-district office and the police station to prove the relationship between the plaintiffs Nie Haihua, Li Xiaolian and Nie Yun's parents and daughters.

2. Marriage registration records, proving that Nie Yun and defendant Liu Qiang were husband and wife before their deaths.

3. Cremation records, proving that Nie Yun was cremated after his death due to illness on January 4, 201X, and proving that defendant Liu Qiang kept Nie Yun's ashes.

4. Telephone call records. It is proved that the second plaintiff repeatedly urged the defendant Liu Qiang to bury the ashes of his daughter Nie Yun, and requested that the daughter's ashes be buried so that his daughter could be sacrificed, but the defendant Liu Qiang has always refused to perform. ”

Li Chao laid out a group of evidence, which was solid and powerful. Fully prove the ins and outs of the matter.

Liu Qiang still looked indifferent, and Ning Weicheng also looked flat after listening to Li Chao's evidence.

"The bailiff on duty handed over the evidence submitted by the plaintiff to the defendant, and the defendant cross-examined the evidence presented by the plaintiff."

Ning Weicheng got the evidence materials and looked through them. Then he loudly issued a cross-examination opinion: "There is no objection to the authenticity, legitimacy and relevance of evidence 1 and 2.

As for Evidence 3, Nie Yun did die of illness on January 4, 201X. The ashes were indeed kept by Liu Qiang. However, Liu Qiang, as Nie Yun's husband, kept his ashes in accordance with the law, and Liu Qiang had the right to dispose of Nie Yun's ashes.

There is no objection to the authenticity of Exhibit 4, but there is an objection to the legitimacy and relevance. The second plaintiff wanted to go to the sacrifice, and he could burn paper and incense at home, and Liu Qiang's act of keeping the ashes did not infringe on their right to sacrifice.

Moreover, the right to sacrifice is not a legal right, but only a concept of customs and conventions, and even if it is violated, it cannot constitute illegality. ”

Ning Weicheng made an analysis and overturned all the plaintiff's complaints. Liu Qiang was even more complacent when he heard this, this was not a problem, these two old guys had to sue in court, so they had to teach them a hard lesson.

And Nie Haihua's hands trembled uncontrollably when he heard it, and his wife even shed tears. The daughter has been dead for more than three years, and neither of them knows where her daughter is.

"The defendant Liu Qiang will present evidence below."

"We submit 2 sets of evidence:

1. The marriage certificate proves that the defendant Liu Qiang and Nie Yun were husband and wife before their deaths, and the defendant Liu Qiang has the right to keep Nie Yun's ashes.

2. Cremation certificate, showing that Nie Yun was cremated on January 4, 201X, and that the defendant Liu Qiang, as his husband, had the ashes delivered to Liu Qiang by the funeral home staff, and that Liu Qiang had the right to dispose of the ashes. ”

"The bailiff on duty handed over the evidence submitted by the defendant to the plaintiff, and the plaintiff cross-examined the evidence presented by the defendant."

After Li Chao looked at the evidence, he refuted loudly: "There is no objection to the authenticity of evidence 1, there is an objection to the content of the proof, the two are indeed husband and wife, but Liu Qiang's custody of the ashes cannot infringe on the sacrifice rights of the two plaintiffs."

There is no objection to the authenticity of evidence 2, there is an objection to the content of the evidence, Liu Qiang's disposal of Nie Yun's ashes cannot be contrary to social customs, and Liu Qiang's refusal to inform the burial place of Nie Yun's ashes is contrary to social customs and violates the right of sacrifice of the two old people. ”

Li Chao's words spoke the hearts of the old people, and Nie Haihua and Li Xiaolian both nodded with tears in their eyes.

But Liu Qiang smiled mockingly when he heard Li Chao's accusation, and muttered in a low voice: "What's contrary to social customs, Lao Tzu is a moral person." ”

Ning Weicheng smiled lightly, this case is simple, even if Li Chao says it, it is estimated that Liu Qiang will not be able to move a bit, because the right to sacrifice is not a legal right at all, and the content of the dispute between the two parties is not subject to the jurisdiction of the court at all.

In this case, Liu Qiang's side will win! Ning Weicheng secretly clenched his fists. (To be continued......)