After the case was filed, Li Chao and Deng Zhihui left with a happy mood.

The well-informed Fenghuang Media had already published the latest news when Li Chao and the others had just left, "The country's first sexual welfare lawsuit, the parties applied for filing again."

As soon as this explosive news was announced, it caused heated debate. There was a discussion on whether it was appropriate to apply for a case to be filed, and there was support for the plaintiff's rights protection. Some are analyzed from a legal point of view, and some are discussed from the perspective of human feelings. For a while, everyone's attention was drawn to the trial of this case. There are strong questions and expectations in the minds of the people as to how the courts will hear the sexual welfare lawsuit.

As soon as Li Chao left, the court began to run at a high speed, and Rao Qinghua directly ordered, "Xiao Zhong, immediately assign this case to the First Civil Court that hears the case of Zou Meilian's medical damage liability dispute." ”

"In the afternoon, the trial committee will be convened, and the case will be put on the agenda immediately, and the first civil court will come up with the handling opinions and discuss it with the trial committee."

The case was immediately assigned to the First Civil Division, and the collegial panel of the First Civil Division immediately analyzed and discussed the case.

The collegial panel was divided into two schools of view: one was that it should be directly dismissed, because according to the principle of non-bis idem, the court had already upheld Zou Meilian's moral damages, and Deng Zhihui then filed a sexual welfare lawsuit for medical malpractice, which constituted a duplication of claims. Moreover, Deng Zhihui did not have the right to sue in this case, and it was Zou Meilian who suffered the loss, and Deng Zhihui himself did not have any loss. ”

"The other is that it is believed that compensation should be appropriately awarded. However, the judge who held this view held that the plaintiff Deng Zhihui wanted to change the claim and could not claim compensation for sexual welfare, because the current law does not clarify the concept of sexual welfare, and should require Hospital X to compensate for moral damages. ”

The submission of these two opinions to the adjudication committee also sparked heated discussions, with some members of the adjudication committee supporting the first viewpoint and others agreeing with the second viewpoint.

A committee member said: "This kind of case should not be supported, it should be dismissed, and the court should take the facts as the basis and the law as the criterion in handling the case." Since the law does not have clear provisions, we cannot support it. There are risks in handling this case, we should be cautious, once the plaintiff's petition is supported, how many cases across the country will follow suit, and we must consider maintaining social stability. Many of the other members nodded in agreement.

Seeing that the committee members were quite in favor of the rejection, Rao Qinghua was anxious and hurriedly spoke loudly, "Although the concept of sexual welfare is not directly clarified in law, the 'civil rights and interests' in Article 2 of the Tort Liability Law should cover the right of sexual welfare. Judging from the facts of the case, the injured parts of Zou Meilian will indeed affect the sexual rights of her husband Tang Zhihui. We should all agree with this fact. ”

"The controversy now is that the law is too broad, and what we do with sexual welfare. This case has attracted wide media attention, and if we are not careful, it is easy to fall into the mouth. ”

"In this case, the dismissal and support of the petition are justified and depend on the discretion of the judge. In order to handle it correctly, I personally think that the most important point is not to forget the purpose of the work of our people's courts, which is to 'let the people feel fairness and justice in every judicial case'. Proceeding from the purpose of the work of the people's courts, we should stand on the side of protecting the legitimate rights and interests of the masses. ”

This is the correct view of the judiciary and the correct attitude towards handling contradictions. Therefore, I personally believe that the plaintiff Deng Zhihui's claim should be supported, and the defendant X Hospital should pay appropriate compensation. ”

"Of course, the concept of sexual welfare has not yet been clarified, and it is not stable enough to directly mention the compensation for sexual welfare, and it is also easy to cause social controversy.

"The media is now focusing on the case, and after the plaintiff amends the complaint, our court should do mediation between the two parties, and it is advisable to settle the case with a solatium of 20,000 yuan for moral damages. Don't go to trial, if the verdict is pronounced, whether it is for or not for sexual blessings, it will cause controversy. Mediation achieves the goal of closing the case, which can make it impossible for both parties and even the public to speak. ”

"Therefore, I personally believe that the plaintiff should be required to change the claim to a solatium for moral damages, and the First Civil Court should take the initiative to do mediation work, and the subject matter of mediation should be 20,000 yuan for moral damages, and strive to settle the case through mediation."

As soon as Rao Qinghua's opinion was spoken, he immediately won the approval of the majority of the people. After the voting of the review committee, Rao Qinghua's opinion was finally passed.

Soon, the judge of the First Civil Division contacted Li Chao and informed him that he would change his claim to change the compensation for sexual welfare to a solatium for moral damages.

This is just another way of speaking, and in essence, it still refers to sexual welfare compensation. Li Chao's goal is to establish a case of sexual welfare compensation for the majority of victims, and the court's approach does not affect the realization of his goal. Therefore, Li Chao cooperated with the court and made corresponding changes.

After the petition was amended, the judge notified the defendant to come. After the parties arrived, the judge began to mediate in the reception room.

"Today, we will convene everyone to come over and mediate the tort liability dispute between the two parties before the trial, hoping that both parties will face the dispute in a friendly manner, seek truth from facts, and properly resolve the conflict."

"Defendant, tell me your opinion." 、

Director Hu was a little confused and didn't know how to answer. Zhang Lianghan explained to Director Hu: "Director Hu, now the judge asks our hospital for its mediation opinion, that is, if the hospital agrees to compensate Deng Zhihui for mental damages, if it agrees, how much money is it willing to pay." ”

Director Hu's face was cold when he heard this, his head immediately shook like a rattle, and he categorically denied: "No compensation, there is still compensation!" ”

The mediation work was at an impasse at the beginning, and the judge who undertook the case did ideological work on Director Hu, "Defendant, don't say that you won't lose money as soon as you come up, your hospital did have a medical accident, and only then did the plaintiff's side suffer ......."

Director Hu interrupted the judge's words and hurriedly argued, "We have had a medical accident, but we have already compensated the victim Zou Meilian more than 200,000 yuan, and Deng Zhihui was not injured, so why should we compensate him?" There is no such reason! ”

The presiding judge patiently explained: "Although it was Zou Meilian and not Deng Zhihui who suffered direct physical harm in this medical accident, Zou Meilian's physical injuries eventually led to the loss of normal husband and wife life. ”

"Then there is more than one person affected, and Deng Zhihui is also a direct victim. The reason is that the life of husband and wife must be carried out together, and as a husband, because his wife's wounds affect the harmony and fun of sexual life, the right to normal marital life is violated, and the mental and physical pain caused to Deng Zhihui is also obvious. ”

"The right of a husband or wife to live a normal married life shall be included in the "civil rights and interests" provided for in Article 2 of the Tort Liability Law of the People's Republic of China, and when such rights and interests are infringed, the rights and interests holder may file a civil lawsuit for compensation. ”

"Therefore, Deng Zhihui has the right to ask for compensation, and your hospital must realize this, not that if you shout loudly not to pay, you don't have to be held responsible."

……

Thanks for the 100 reward for the sad song! Today, I thank him for his continued support! Thank you! Now the second one, and one more later!