From 65438 to 0998, Wu Chunxia met a young man selling cement. The young man's name is Li, the same year.
1 In trouble for petitioning for domestic violence.
2 "Psychopaths" are greatly encouraged.
3 "Win the case in the end"
1 abused, petitioning for trouble. Editor's editor
1April, 999, they got married and had a son a year later. After marriage, I went to the city to send pure water. My husband Li stopped selling cement and went to the city to be a security guard. Because it is free love, the life of this small family is still ok before my son is 3 years old.
In 2003, a happy family life ended because of Li's cheating. One day this year, when I came back from carrying water, I was beaten by Li because my words were not harmonious. Later, Li scolded and beat until she took the child and drove her out of the house. Li even said in front of government officials, "I'll call her when she enters the house." Wu Chunxia didn't know that her husband was having an affair until her husband sued the court for divorce. The mediation of the Rural Women's Federation failed, so Wu Chunxia had to go out to escape. Since then, Wu Chunxia has been suing the provincial women's federation from the village committee, but there is no result.
Wu Chunxia decided to go to Beijing to ask the All-China Women's Federation for help. This is her first visit to Beijing. She lives near Yongdingmen coach station. I heard that she went to Beijing, and people from Vegetable Township Police Station of Anshan Branch of Zhoukou City Public Security Bureau stopped by to have a look. In front of the National Bureau of Letters and Calls, Wu Chunxia found the man who stopped him and quickly hid in a taxi. As soon as she got into the taxi, a policeman stopped the taxi and dragged her out. Later, Wu Chunxia was taken to a hotel near Taoranting Bridge. The policeman who stopped the car was Zhang Xiaodong, who was the instructor of the Vegetable Township Police Station at that time. He knew Wu Chunxia's husband's family very well.
In 2004, Wu Chunxia, who lives in Gaozhuang Community, Xiaoqiao Sub-district Office, Chuanhui District, Zhoukou City, Henan Province, petitioned for "housework and village disputes" and was later regarded as "the object of maintaining stability" by the local authorities. He was detained for reeducation through labor and sent to a mental hospital for "treatment" at the beginning of reeducation through labor 132 days.
In the spring of 2007, when Zhang Xiaodong sued her husband for abusing her, Zhang Xiaodong's uncle Zhang Hengbin was suspected of giving perjury to the court. Wu Chunxia went to ask for a statement, but he was injured.
On July 6, 2008, she divorced her husband Li again. She was taken straight away from the court and plunged into a darker life.
According to Cai Yuzhong, a judge of Shabei Court of Chuanhui District People's Court in Zhoukou City, at that time, there was a dispute with Li about the custody of his son. The door of the court was knocked down and several people rushed in. The leader asked, who is Wu Chunxia? Wu Chunxia should be a cry and walked out of the court. "I have never seen anyone dare to kidnap in court. Too lawless! " Cai Yu said. He wrote down the license plate number and called 1 10 to call the police. Soon, a deputy director of Anshan Branch of Zhoukou City Public Security Bureau called back and told Cai Yuzhong that Wu Chunxia had been arrested by the Public Security Bureau. This made Cai Yuzhong quite confused and angry. By the time Wu Chunxia reacted, she had been taken to the familiar Vegetable Township Police Station in Zhoukou City, where there was her "old acquaintance"-police station instructor Zhang Xiaodong.
From June, 5438 to February, 2008, Wu Chunxia was sent to a mental hospital by her mother-in-law and her party. They already had serious family conflicts and conflicts of interest. She complained about "running around and complaining for three years".
Since 2009, Wu Chunxia has complained many times, and the previous decisions on detention and reeducation through labor were finally revoked.
20 12 in June, Wu Chunxia won the civil lawsuit, and obtained compensation from Henan Mental Hospital and Xiaoqiao Sub-district Office of Chuanhui District, Zhoukou City 145336.7 yuan.
On June 20 12, the Intermediate People's Court of Zhoukou City, Henan Province made a final judgment. In the judgment, the court clearly held that the Henan Psychiatric Hospital did not check the identity of the guardian or judicial personnel who sent Wu Chunxia to the hospital for treatment in accordance with relevant rules and regulations, nor did it diagnose whether Wu Chunxia suffered from mental illness, and directly admitted Wu Chunxia as a mental patient, which was at fault and should bear tort liability. The compensation also includes 6.5438+10,000 yuan of spiritual comfort. According to the medical department of the psychiatric hospital that lost the case, this is the first case that the hospital lost the case because of the treatment dispute of "being mentally ill" since its establishment 6 1 year ago.
Since then, Wu Chunxia has continued administrative proceedings and brought the Zhoukou Public Security Bureau to court.
On May 6th, 20 13, the Intermediate People's Court of Zhoukou City decided in the first instance that it was illegal for Anshan Branch of Zhoukou City Public Security Bureau to send Wu Chunxia to a mental hospital.
After the judgment was delivered, Zhoukou City Public Security Bureau refused to accept the first-instance judgment and filed an appeal. /kloc-On the afternoon of 0/8, the Higher People's Court of Henan Province held a hearing and did not pronounce a sentence in court. [ 1]
Psychopaths was greatly encouraged by the editor.
Wu Chunxia's victory soon inspired many "mental patients".
Chen Dan (pseudonym), a female engineer in Beijing, also suffered from mental illness in June this year. It was June 5th, when my parents, who lived in my hometown all the year round, opposed my love relationship and didn't communicate with me in advance. They came to my residence in Beijing, hired four male internal medicine nurses I met in the hospital, forced their way in, and hijacked me to huilongguan hospital, Beijing by violent means. Chen Dan stayed in the hospital for nearly 72 hours and was discharged after consulting a tertiary expert.
On September 5th, Chen Dan sued a mental hospital and was put on file by the court.
On October 9th, 65438/KLOC-0, Chen Dan, together with three other "mental patients" who had similar experiences, sent letters to hundreds of mental hospitals and courts all over the country, and sent the verdict of Wu Chunxia case as an annex. In their letter to the court leaders, they mentioned that "the judgment of the Intermediate People's Court of Zhoukou City, Henan Province has inspired many people who have the same experience as me. This shows that more and more judges realize that psychiatric treatment involving restrictions on personal freedom also needs to be regulated within the legal framework. " In his letter to the leaders of mental hospitals, the witness said: "If mental hospitals continue to implement this hidden rule, it is conceivable that with the promulgation of the Mental Health Law, more and more mental hospitals will be prosecuted. Because hospitals do not review the qualifications of guardians in psychiatric treatment, there will be more and more mental hospitals that lose the case. "
Scholars believe that it helps to curb chaos.
It is worth mentioning that recently, the Ministry of Health issued the Administrative Measures for the Prevention and Training of Severe Mental Illness, which clearly established regional guidance centers for the prevention and training of mental illness in Peking University Sixth Hospital, Shanghai Mental Health Center, Xiangya Second Hospital of Central South University and Huaxi Hospital, and announced the first batch of 108 national-level teachers for the prevention and training of mental illness. People on this list will also receive letters from witnesses. Chen Dan believes that "if the experts in this 108 can put forward the viewpoint of' examining the qualifications of midwives' in training and standardize the medical behavior in mental hospitals, the current situation of disorderly treatment will be greatly improved".
Professor Liu Ruishuang from the Medical Ethics and Law Research Center of Peking University Institute of Medical Humanities pointed out when evaluating Wu Chunxia's case: "For a long time, the understanding and implementation of the guardian system in the field of psychiatry has been in an extremely chaotic state, and the Wu Chunxia case is a typical manifestation of this phenomenon: that is, the' relatives' who were forcibly sent to the hospital were automatically presumed to be guardians. The judgment of this case helps to curb this phenomenon. " [ 1]
3 "finally won" editor
2065438+May 20, 2004, the second-instance judgment finally came: Zhoukou public security appeal reason was not established, and Wu Chunxia won the case! A peasant woman, relying on a stubborn strength, won the public security.
"I finally won the case." Yesterday, Wu Chunxia, a peasant woman in Zhoukou, took a long breath after getting the second-instance judgment of the Provincial High Court. Six years ago, Wu Chunxia was taken away by the police of the Sixth Branch of Zhoukou Public Security Bureau for petitioning, detained for ten days, and sent to a mental hospital for as long as 132 days. [2]
Sue a mental hospital, sue the public security
After leaving the hospital, Wu Chunxia was determined to explain his mental illness.
In 2009, she took the mental hospital and Xiaoqiao office in Chuanhui District of Zhoukou City to court. On June 20 12, Zhoukou Intermediate People's Court made a final judgment: Xiaoqiao Office and mental hospital infringed Wu Chunxia's right to personality and health, and compensated150,000 yuan.
On 2065438+02 109,10, Wu Chunxia once again took the Sixth Branch to court, requesting the court to confirm that it was illegal for the Public Security Bureau to forcibly send her to a mental hospital.
On May 6th, 20 13, Zhoukou Intermediate People's Court, the court of first instance, ruled that the sixth branch was at fault in taking Wu Chunxia to a mental hospital, and found that the act was illegal. On May 17 of the same year, the Sixth Branch refused to accept the judgment of the first instance and appealed to the Provincial High Court.
20 13, 18 On the afternoon of July, the second instance of the Provincial High Court held a public hearing to hear the case, but it was not pronounced in court. [2]
Progress of Zhoukou Public Security Appeal to Provincial High Court
There are three reasons for the appeal of the sixth branch: first, they did not send doctors, and the court of first instance found the facts wrong; 2. The act of sending a doctor occurred in July 2008, and Wu Chunxia filed a lawsuit in June 20 12, which has exceeded the two-year litigation period; Third, the effective civil judgment recognizes that the act of sending a doctor is a civil act implemented by Xiaoqiao Office, and the corresponding liability for compensation is determined according to the degree of fault. The first-instance judgment denied the nature of the act of sending a doctor, so it is not appropriate to re-evaluate. Request the court of second instance to revoke the judgment of first instance.
Wu Chunxia said that when she was sent to a mental hospital on July 26th, 2008, she was still under the constraint of reeducation through labor, and only the public security could send her to a mental hospital. Regarding the limitation of action, Wu Chunxia was discharged from the mental hospital on February 5, 2008, and then filed a lawsuit in Chuanhui District Court on June 5, 2009, but there was no result. In desperation, he filed a lawsuit with Zhoukou Intermediate People's Court, which did not exceed the time limit.
Regarding the third reason for the appeal, Wu Chunxia said that the civil judgment found that Xiaoqiao Office should bear the responsibility of illegal infringement and the mental hospital should bear the responsibility of illegal treatment, but did not judge the appellant to bear the corresponding responsibility.
As a result, Wu Chunxia "finally won the case."
The facts identified by the Provincial High Court in the second instance are consistent with those in the first instance. The Provincial Higher People's Court held that, according to the existing evidence, the behavior that the Sixth Branch advocated not sending a doctor could not be established. The court held that Wu Chunxia was sent to a mental hospital by the public security organs, and there was no corresponding forensic expertise in the psychiatric department. The factual basis and legal basis are insufficient, and since there is no revocable content, the violation should be confirmed according to law.
Accordingly, on May 20, the second instance of the Provincial High Court rejected the appeal of the Sixth Branch and upheld the judgment of the first instance as the final judgment.
"I finally won the case." After 10 months of waiting, Wu Chunxia finally got the second-instance judgment yesterday morning. On the opening day of the court of second instance last year, Wu Chunxia told the reporter of Dongfang Jinbao that she was "very sure of winning the case". [2]