In 1998, Wu Chunxia met a guy who sold cement. The boy's name was Li Zhenhong, and he was born in the same year and different month as Wu Chunxia.
1Petitioning for domestic violence causes trouble
2 "The mentally ill" are encouraged
3 "Finally won the case"
1Petitioning for domestic violence causes trouble Editor
1999 In April, the two got married and had a son a year later. After the marriage, Wu Chunxia went to the city to send pure water, her husband Li Zhenhong did not sell cement, but also into the city as a security guard. Because they were free to love each other, the small family had a pretty good life until their son was 3 years old.
In 2003, the family's happiness ended when Li Zhenhong cheated on her. One day that year, Wu Chunxia returned from delivering water and was beaten by Li Zhenhong because of a disagreement. Later, Li Zhenhong went from scolding Wu Chunxia and smashing things to taking away her children and kicking her out of the house. Li Zhenhong even let slip in front of government officials that "I will beat her if she enters the house." Until her husband sued the court for divorce, Wu Chunxia realized that her husband was having an affair. Township Women's Federation mediation was unsuccessful, can only let Wu Chunxia out of hiding. Since then, Wu Chunxia from the village committee all the way to the provincial Women's Federation, but no results.
Wu Chunxia decided to go to Beijing to seek help from the All-China Women's Federation. It was her first time petitioning in Beijing. She stayed near the Yongdingmen coach station. Hearing that she had gone to Beijing, people from the Vegetable Township Police Station of the Shannan Branch of the Zhoukou Municipal Public Security Bureau went to Beijing to stop the petition. In front of the State Bureau of Letters and Calls, Wu Chunxia found the petition stoppers and hurriedly hid in a cab. Just getting into the cab, a police officer stopped the cab and dragged her out of the car, after which Wu Chunxia was taken to a hotel near Taoranting Bridge in Beijing. The police stopped the car called Zhang Xiaodong, then a vegetable township police station instructor, and Wu Chunxia husband's family acquaintance.
In 2004, Wu Chunxia, who lives in Gaozhuang community, Xiaoqiao Street Office, Chuanhui District, Zhoukou City, Henan Province, petitioned for "disputes over family and village affairs" and was later taken to the local government as an "object of stabilization", and was detained, re-educated through labor, and sent to a psychiatric hospital for "treatment" at the beginning of the re-education through labor. The first 132 days of "treatment" in a psychiatric hospital.
In the spring of 2007, in her lawsuit against her husband for abuse, Zhang Xiaodong's uncle, Zhang Hengbin, was suspected of perjury in court, and Wu Chunxia went to seek justice, but was injured by him.
July 16, 2008, was the day Wu Chunxia and her husband, Li Zhenhong, went to court for another divorce. She was taken straight from the courtroom and has been plunged into a darker life ever since.
According to Zhoukou Chuanhui District People's Court Shabei court judge Cai Yuzhong recalled, when Wu Chunxia was arguing with Li Zhenhong over the custody of his son, the door of the courtroom was slammed open, rushed in a few men, and the leader asked, who is Wu Chunxia? Wu Chunxia responded and was escorted out of the courtroom. "I've never seen anyone dare to kidnap in court, it's so lawless!" Cai Yuzhong said. He wrote down the license plate number, busy calling 110 police. Soon, Zhoukou Municipal Public Security Bureau Shannan Branch, a deputy director of the call back, told Cai Yuzhong, Wu Chunxia arrest is the Public Security Bureau. This makes Cai Yuzhong quite puzzled and angry. When Wu Chunxia reacted, she had been taken to the familiar Zhoukou City Vegetable Township police station, where her "old acquaintance" - Zhang Xiaodong, the police station instructor.
December 2008, Wu Chunxia has long been a serious family conflicts, conflict of interest in-laws and their line, sent to a mental hospital, the condition of the main complaint "running around, sue for three years.
Since 2009, Wu Chunxia continued to complain, the previous detention, re-education through labor decision was eventually revoked.
In June 2012, Wu Chunxia won a civil lawsuit, access to the Henan Provincial Psychiatric Hospital, Zhoukou City, Chuanhui District Xiaoqiao Street Office *** with compensation of 145,336.7 yuan.
In June 2012, the Intermediate People's Court of Zhoukou City, Henan Province, made a final judgment, the court in the judgment clearly that the Henan Provincial Psychiatric Hospital did not send Wu Chunxia to the hospital for treatment in accordance with the relevant rules and regulations of the identity of the guardian or the judiciary to carry out identification, and did not have to Wu Chunxia whether she suffers from mental illness to confirm the diagnosis, Wu Chunxia directly according to the psychiatric patients admitted into the hospital, there is a fault, should bear the responsibility for tort compensation. There is a fault, should bear the responsibility of tort compensation. Compensation also includes 100,000 yuan of mental comfort. According to the medical department of the psychiatric hospital, which lost the case, this is the first case in the 61 years since the hospital was founded that was lost due to a dispute over the treatment of "being mentally ill".
After that, Wu Chunxia went on to file an administrative lawsuit against the Zhoukou Municipal Public Security Bureau.
On May 6, 2013, the Zhoukou Intermediate People's Court ruled that the Shannan Branch of the Zhoukou Public Security Bureau had violated the law by sending Wu Chunxia to a mental hospital.
After the verdict was delivered, the Zhoukou Municipal Public Security Bureau appealed against the first-instance verdict.
On the afternoon of July 18, the Henan Provincial Higher People's Court held a hearing, and did not pronounce a verdict in court. [1]
2 "The mentally ill" encouraged by the editors
Wu Chunxia's victory quickly energized many "mentally ill" people.
Beijing engineer Chen Dan (a pseudonym) also had a "mentally ill" experience in June this year. "It was June 5, my parents, who live in my hometown all year round, came to my residence in Beijing without any prior communication with me because of their opposition to my romantic relationship, and hired four male health care workers they met at the hospital to force their way in by prying open the door and forcing their way in, and then hijacked me by violent means to the Huilongguan Hospital in Beijing", she said. Chen Dan stayed in the hospital for nearly 72 hours, and was later approved for discharge after a three-level expert consultation.
On Sept. 5, Chen Dan filed a lawsuit against the psychiatric hospital.
On Oct. 9, Chen Dan, along with three other "mentally ill" people with similar experiences, sent a letter to hundreds of psychiatric hospitals and courts across the country, attaching the verdict in Wu Chunxia's case. In their letter to the court leaders, they said, "The verdict of the Intermediate People's Court of Zhoukou City, Henan Province, has encouraged many people who have had the same experience as me. It shows that more and more judges realize that psychiatric treatment involving restrictions on personal freedom also needs to be regulated under the framework of the law." In a letter to the leaders of psychiatric hospitals, pro-lifers had this to say: "If psychiatric hospitals continue to practice such unspoken rules, it is conceivable that more and more psychiatric hospitals will be sued in court with the introduction of the Mental Health Law. More and more psychiatric hospitals will also suffer from losing lawsuits due to the failure of hospitals to review guardianship qualifications in the psychiatric admission process."
Scholars believe it will help curb confusion
It's worth mentioning that the Ministry of Health recently issued the "Measures for the Management of Training in the Prevention and Treatment of Serious Mental Illnesses," which specifies the establishment of Regional Guidance Centers for Mental Illness Prevention and Treatment Training at the Sixth Hospital of Peking University, the Shanghai Center for Mental Health, the Second Hospital of Xiangya of Central South University, and the Huaxi Hospital of Sichuan University, as well as the publication of the list of 108 national-level teachers who will be responsible for the training in the prevention and treatment of mental illnesses. The first batch of 108 national faculty members for mental illness prevention and treatment training was announced, and those on the list will also receive letters from those who have experienced the disease. Chen Dan believes that "if these 108 experts can focus on the point of 'reviewing the qualifications of the guardian of the person sent for treatment' in their training, and standardize the medical behavior of psychiatric hospitals, it will greatly improve the status quo of indiscriminate admissions."
Professor Liu Ruishuang of the Medical Ethics and Law Research Center at Peking University's Institute for Medical Humanities pointed out in his evaluation of the Wu Chunxia case: "For a long time, the understanding and implementation of the guardianship system in the psychiatric community has been in a state of extreme confusion, and the Wu Chunxia case is a typical manifestation of this phenomenon: that is, by the hospital, the hospital will be forcibly sent to the doctor's 'relatives' automatically presumed to be a guardian. relatives' automatically presumed to be guardians. The judgment in this case helps to curb that phenomenon." [1]
3 "Finally won the case" Editor
May 20, 2014 finally waited for the second-instance verdict: Zhoukou Public Security's appeal was not justified, Wu Chunxia won the case! A peasant woman, relying on a force of argument, won the public security.
"In the end, or win." Yesterday, the Provincial High Court after the second instance judgment, Zhoukou peasant woman Wu Chunxia long out of breath. Six years ago, Wu Chunxia was petitioned by the Zhoukou Municipal Public Security Bureau, the sixth branch (referred to as the "sixth branch") of the civilian police to take away, will be detained for ten days and then sent to a mental hospital, the time is up to 132 days. [2]
Sue the psychiatric hospital and sue the public security
After being discharged from the hospital, Wu Chunxia was determined to "be mentally ill" to make a statement.
In 2009, she sued the psychiatric hospital and Zhoukou Chuanhui District Xiaoqiao Office ("Xiaoqiao Office" for short), and in June 2012, Zhoukou Municipal Intermediate Court made a final judgment: the Xiaoqiao Office and the psychiatric hospital violated Wu Chunxia's right to personal integrity and bodily integrity, and awarded her 150,000 yuan in compensation.
On October 9, 2012, Wu Chunxia took the Sixth Precinct to court again, requesting the court to confirm that the Public Security Bureau had violated the law by forcibly sending her to the mental hospital.
On May 6, 2013, the court of first instance, the Zhoukou Municipal Intermediate Court, ruled that the Sixth Precinct was at fault for participating in the act of sending Wu Chunxia to a mental hospital, and found that the act was illegal. On May 17 of the same year, the Sixth Precinct appealed the first-instance decision to the Provincial High Court.
In the afternoon of July 18, 2013, the Provincial High Court of the second instance of the public hearing of the case, did not pronounce a verdict in court. [2]
Progress Zhoukou public security appealed to the Provincial High Court
The sixth branch of the appeal on three grounds: first, they did not implement the act of sending medical treatment, the court of first instance found that the facts were wrong; secondly, the act of sending medical treatment took place in July 2008, Wu Chunxia filed a lawsuit in October 2012, which is more than 2 years of the litigation period; thirdly, the effective civil judgment found that the act of sending medical treatment is Xiaoqiao Office of the civil behavior, and according to the degree of fault to determine the corresponding liability, the first-instance verdict to deny the nature of the act of medical transportation and re-evaluation is not appropriate. Request the court of second instance to revoke the judgment of first instance.
Wu Chunxia claimed that on July 26, 2008 she was sent to the psychiatric hospital is still in reeducation-through-labor constraints, and only the public security is in a position to send her to the psychiatric hospital. On the statute of limitations, December 5, 2008 Wu Chunxia from the mental hospital, and then in October 2009 to Chuanhui District Court, but has not been the result, no choice but to Zhoukou City Court, and did not exceed the deadline.
For the third reason for the appeal, Wu Chunxia said, the civil judgment to determine the Xiaoqiao office to bear the responsibility for illegal torts, the psychiatric hospital to bear the responsibility for illegal treatment, and did not judge the appellant to bear the corresponding responsibility.
Results Wu Chunxia "finally won"
The Provincial High Court second review of the facts consistent with the first trial. The Provincial High Court held that, on the basis of the evidence so far, the Sixth Precinct's claim that it did not carry out the act of sending a doctor could not be established. The court held that the public security organs to send Wu Chunxia to the psychiatric hospital, there is no corresponding psychiatric judicial medical appraisal, the factual and legal basis is not sufficient, because it does not have revocable content, according to the law should be confirmed illegal.
Accordingly, on May 20, the Provincial High Court rejected the appeal of the Sixth Precinct in the second instance, and upheld the judgment of the first instance, which is final.
"In the end, I won the case." After 10 months of waiting, yesterday morning, Wu Chunxia finally got this second-instance judgment, and in the second instance court hearing the case last year, Wu Chunxia told the Oriental Daily reporter, she "is very sure of winning." [2]