Chapter 12: The Case of Stillbirth

Xia Hong saw that there was a big box of books on the ground, and Meng Tianchu was still holding a book in his hand and reading hard, so he couldn't help but stroke his beard and nod his head again and again, very satisfied, thinking that his son-in-law was also studious, and studious children were always likable.

Xia Hong took the copy of "Da Ming Law" from Meng Tianchu's hand and looked at it, frowned, and said, "You still want to be a famous master?" ”

"Yes, father-in-law, this is the son-in-law's greatest wish." Meng Tianchu bowed and said.

"Don't you think it's too late to watch "Da Ming Law" now?"

"Grinding guns in battle, it's not fast."

Xia Hong said: "Virtuous son-in-law, this criminal name is a subject, without a few years of hard study, it is impossible to get ahead, this to Jiaxing Mansion, it is more than a month away, if you want to be proficient in criminal law, isn't it a fool's dream?" ”

Meng Tianchu's chest was straight, his eyes looked into the distance, and he said generously like a martyr: "Although the son-in-law started late, he didn't accumulate steps, and he couldn't reach thousands of miles, as long as he gave up, he would eventually arrive one day!" ”

"Good! You can say that again! What a relent! Xia Hong smiled and nodded in praise, "Since you like criminal names, if you can really study hard, it is always a good thing, and you should not be hindered by your father, but after all, the stakes are very high, and your father can't let you take risks easily." After pondering for a moment, he continued: "Yesterday, when Lord Di, the official of Shuntian Mansion, came to attend your wedding, he told me about a case that they had just accepted in Shuntian Mansion, which was a headache, if you can come up with a way to solve it, it will prove that you have this ability, and my father recommended you to be a criminal master, how about it?" ”

Meng Tianchu thought to himself, isn't it just to be a famous criminal master, how can he still make it look like he is the champion in the exam, but after listening to Xia Hong's words, he couldn't help but feel a competitive heart in his heart: "Okay!" The son-in-law racked his brains and came up with a way to solve the problem. Even if you don't want to be a criminal master, you can help others a little and resolve disputes, that's a good thing. ”

Xia Hong nodded approvingly, thinking that although his son-in-law was not doing his job, his kung fu was not bad, and his speech was quite likable, which was the first condition for a good master.

Xia Hong said: "That's the case, Di Tuiguan said that at noon yesterday, a wealthy merchant in the capital and a large group of family members sent a stable woman to the yamen and asked for punishment, saying that this stable woman delivered a favorite concubine for a wealthy businessman, and covered the son alive. The concubine said that she had heard the child's cry, and the two old maids who were waiting outside the delivery room at the time also testified that they heard the baby's cry. But Wen Po kept crying out for injustice, insisting that the baby was born a stillborn. ”

Hearing this, Meng Tianchu already had a plan in his heart, and a smile appeared on the corner of his mouth.

Judging whether a mother gave birth to a live fetus or a stillborn fetus is a traditional issue in ancient and modern criminal cases, which is a long-standing and difficult problem for the ancients, but for the modern forensic Meng Tianchu, it is a piece of cake.

Xia Hongwu walked around the room with a sad face on his back and slowly continued: "Di Tuiguan thinks that since there are two circumstantial evidences to prove that he heard the baby's cry, it proves that the baby was alive when he was born and later died, it must be the ghost of Wen Po, Wen Po does not admit her guilt, and she can be punished according to the law, so Di Tuiguan has the heart to punish Wen Po, but depending on her age, she can't do it." ”

Meng Tianchu said: "According to the rules of evidence, it is indeed very unfavorable to this old woman, but why did the old woman kill this baby?" What's in it for her? ”

Xia Hong nodded and said: "That's right, this case is not only related to the question of whether this old woman has committed a crime, but also involves the question of how to deal with the huge wealth of this rich businessman." The rich merchant's original partner has never had a son, died not long ago, the rich merchant has a total of three concubines, the rich merchant promised, the three concubines who gave birth to a son for him first, will be the right person, this concubine's son will of course be the eldest son, in the future can inherit the family and the entire family property. ”

Whether the fetus is born alive is related to the inheritance, which Meng Tianchu knows, China's modern civil law stipulates that there is a "special reserve" for the fetus, if the fetus is born alive, that is, a live birth, then the fetus can participate in the inheritance of the decedent's estate, even if the fetus dies soon after birth, because the inheritance starts from the death of the decedent, so it can still be inherited, and the fetus dies after birth, and the property is inherited by the heirs of the fetus. If the fetus is born dead, that is, stillborn, then there is no inheritance at all.

In ancient times, the provisions of inheritance were different from modern civil law, and since the Zhou and Qin dynasties, the primogeniture inheritance system was implemented, and only the eldest son could inherit the family inheritance and inherit the entire family business. The rich businessman only said that whoever gave birth to a son would be righted, of course, if the son was alive, if the fetus born was originally alive, but was covered to death by the stable woman, then it is no wonder that the rich businessman's concubine, the rich chamber of commerce fulfilled his promise to straighten the concubine, and the concubine became the wife of the main house, as for the son, it was born slowly. If the fetus was originally stillborn, it would not be considered to have given birth to a son, and the dream of this concubine to be the original partner would be shattered. What's more, it also involves the question of whether Wen Po is guilty of infanticide.

It seems that determining whether the fetus is dead or alive is indeed very important.

Xia Hong said to Meng Tianchu: "There is no way for Di Tuiguan to take this case, I don't know what to do if I leave it there." Di Tuiguan has a deep friendship with his father, and if he can help him, it will be really a happy thing. Xia Hong walked back and stared at Meng Tianchu: "Virtuous son-in-law, do you have a way to solve this case?" ”

Meng Tianchu smiled and nodded: "The solution to this case is actually very simple, the son-in-law said a way, and it won't take an hour to figure things out." ”

Xia Hong was skeptical: "Is this true? ”

"I wish to make a military order~!"

Meng Tianchu posed in the pose of Peking Opera, and as soon as he appeared, Xia Hong was amused: "There is no need for the military order, you say come and listen to it." ”

Meng Tianchu then accepted the shape and said: "Whether the fetus is born alive or dead, that is, to distinguish between live birth and stillbirth, the key is to see whether the fetus has undergone spontaneous breathing after cutting the umbilical cord and separating it from the mother. ”

Xia Hong nodded again and again, hearing that Meng Tianchu suddenly grasped the key to the problem, and began to believe that he really had a way, he couldn't help but be very excited, and asked, "How to identify whether the fetus has breathed?" ”

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