After the two sides presented evidence and cross-examined it, the judge said majestically: "After the statements and defenses of both parties, as well as the presentation and cross-examination of evidence, the facts of the case have been basically clear.

Nie Yun, the daughter of the two plaintiffs and the wife of the defendant, died of illness and was cremated on January 4, 201X, and the ashes were kept by the defendant Liu Qiang after cremation.

However, there is still a dispute between the plaintiff and the defendant about whether the defendant's act is illegal and whether it infringes on the plaintiff's right to sacrifice, and the parties can ask each other questions about the dispute. The plaintiff asks questions first. ”

Li Chao first asked sternly: "Defendant, where are Nie Yun's ashes now?" ”

Liu Qianghun replied nonchalantly: "I keep it." ”

Li Chao then asked, "Are you buried?" Where are they buried? ”

Liu Qiang directly stalked his neck and scolded and said, "I have no comment." ”

Liu Qiang was still so tough in court, Nie Haihua couldn't help but scold when he heard it: "Liu Qiang, has your conscience been eaten by dogs?" It turned out to be so despicable! ”

Liu Qiang only sneered contemptuously at Nie Haihua. Liu Qiang's subordinates under the leadership of a middle-aged man with fair skin, a straight nose, a burly body, but evil eyes, spoke out one after another, "Yes, why should I sue you." ”

The audience suddenly spoke, and the judge and the bailiff on duty hurriedly maintained order.

Li Chao also reassured Nie Haihua and said, "Uncle Nie, don't get excited, the court will make a fair verdict." ”

After the order was maintained, Li Chao said to the judge: "Our question is finished. ”

"Now it's up to the defendant to ask questions."

Ning Weicheng looked at Nie Haihua and asked, "Second plaintiff, did Liu Qiang stop you from paying tribute to your daughter?" ”

Nie Haihua asked angrily: "I don't even know where my daughter is buried, how can I go to pay respects?" ”

Ning Weicheng smiled slightly, didn't dwell on it, and said directly: "I'm done asking questions." ”

This concludes the court's investigation. After the court's investigation, the court concluded that the main focus of the dispute between the two parties was whether the right to sacrifice was a legal right and whether the plaintiff's act was illegal and infringing.

The plaintiff and the defendant are invited to debate in court around these two points of contention summarized by the court. The plaintiff will first present the first round of court arguments. ”

When it was time to see the real chapter, Li Chao expressed his opinion loudly: "Our side expresses the following arguments: First, the two plaintiffs are the parents of the deceased. The right to sacrifice to the deceased children.

The right of sacrifice, also known as the right of mourning, refers to the willingness and possibility of sacrifice and mourning between close relatives to the deceased relatives, and is the content of the right of kinship, in which the will is the content and the possibility is the essence of the right. As Nie Yun's parents, the two plaintiffs certainly enjoy the right to sacrifice.

Second, the right to sacrifice is an independent civil right, a specific right in the right of kinship, and should be protected by law.

From the perspective of the rule of law, the spirit of modern rule of law lies in the reasonable recognition of rights and the full protection of rights. A modern society governed by the rule of law requires the organic unity of stabilizing social order and protecting citizens' rights, and the right to sacrifice should be protected by law.

From a legal point of view, the right to sacrifice can also be developed into a legal right. Rights as a relational category, in the order of social life, legal rights are only a form of rights, in addition to moral rights and customary rights.

In the only way to find moral rights, customary rights, and legal rights, moral rights, and customary rights can be expressed or elevated to legal rights.

According to China's traditional ethical concepts and long-formed folk customs, sacrifice is the mourning of the living to the dead. It is also a spiritual comfort for the living. The right to sacrifice can be elevated from a moral right to a legal right.

From the perspective of traditional culture, Chinese sacrificial culture has a long history, and sacrifice is closely related to people's lives and is a part of people's lives. Violations of the right to sacrifice should be punished by morality and even law. It is the result of traditional culture, but also the requirement of society.

To sum up, the right to sacrifice is an independent civil right and a specific right of kinship. shall be protected by law.

Third, the defendant infringed on the lawful right of sacrifice of the two plaintiffs and should bear tort liability.

Defendant Liu Qiang failed to inform Nie Yun's parents of the place where Nie Yun's ashes were stored or where he was buried, and failed to fulfill his obligation to inform. As a result, the two plaintiffs were unable to sacrifice, which violated the legitimate right of the two elderly people to sacrifice and was contrary to social customs.

Defendant Liu Qiang was subjectively at fault and should be held liable. Defendant Liu Qiang's conduct also caused mental injury to the two plaintiffs, and compensation should be made.

To sum up, we require the defendant Liu Qiang to bury Nie Yun's ashes in a legal cemetery within 15 proposals after the judgment takes effect, and inform the two plaintiffs. The defendant Liu Qiang should compensate the plaintiff for mental damages of 20,000 yuan. ”

Li Chao's arguments were so inspiring that everyone nodded frequently when they heard it. When Nie Haihua heard this, he was even more excited, and what Li Chao said completely entered his heart.

Liu Qiang muttered when he heard this, "This superhuman lawyer can really be crooked, but it's useless." ”

The middle-aged man with brown eyes, gloom in his eyes, and an evil aura among Liu Qiang's subordinates, also cursed in a low voice angrily, "This lawyer is really a cannon!" ”

"It is now up to the defendant to make his arguments."

Ning Weicheng immediately replied with high spirits: "As the defendant's agent, we express the following arguments:

1. Liu Qiang, as Nie Yun's husband, has the right to keep Nie Yun's ashes.

2. The right to sacrifice is not an independent civil right. The law does not stipulate the right to sacrifice, and there is no concept of the right to sacrifice in the law at all. Disputes arising from sacrifices between relatives should be resolved by relatives in accordance with moral principles and are not within the scope of civil cases.

3. In this case, Liu Qiang should have notified the two plaintiffs Nie Yun's ashes burial place, but the responsibility of the notice was not a statutory obligation, and even if Liu Qiang did not notify him, at most it would be regarded as a violation of folk customs and customs, and it would not be illegal.

4. Liu Qiang did not prevent the two plaintiffs from performing sacrifices. The two plaintiffs were completely free to burn paper and incense, and Liu Qiang did not stop them at all.

Combined with the above reasons, the plaintiff's claim should not be sustained, and the court is requested to dismiss the plaintiff's claim in accordance with the law. ”

After Ning Weicheng finished speaking, Liu Qiang praised again and again, "Great, Lawyer Ning is reasonable!" ”

Many of Liu Qiang's subordinates who were in attendance, led by a middle-aged man with evil eyes, were also amazed. Today, Liu Qiang deliberately brought these subordinates here, just under the pretense of cheering with a large number of people.

"The two sides expressed their opinions on the second round of debate."

Li Chao immediately retorted: "The defendant's statement that he did not prevent the plaintiff from performing the sacrifice is inconsistent with the facts. The defendant did not provide a place to store or bury Nie Yun's ashes, leaving his parents with nowhere to go to pay their respects. This is a clear violation of the plaintiff's right to sacrifice. ”

Ning Weicheng also responded loudly: "You don't have to see the ashes for sacrifice, just burn incense and pray." Liu Qiang, as Nie Yun's husband before his death, legally kept Nie Yun's ashes, which is not wrong at all! ”

The two sides faced each other, and the atmosphere became warm, and Liu Qiang's subordinates in the audience, under the leadership of the evil middle-aged man, also shouted one after another, clamoring in favor of Ning Weicheng's opinion.

"Silence! Quiet! The judge struck the gavel to maintain order, and then said loudly: "This is the end of the courtroom debate." Do the parties agree to mediation? (To be continued......)