Yao Qingwei (screenshot from a video) Zhang Xian, reporter of our newspaper, took the photo. Last May, after the second trial of Yao Jiaxin's case, Yao Qingwei once visited family Zhang with 200,000 yuan. But later, this money was mailed back by family Zhang.
On February 6 this year, Zhang Xian, the civil agent for the victim in Yao Jiaxin's case, contacted our newspaper and revealed that the victims' family of Yao Jiaxin's case, including Zhang Pingxuan (the father of the deceased Zhang Miao), Zhang Miao's mother, and Zhang Miao's son, wrote a statement expressing their intention to accept the 200,000 yuan previously gifted by Yao Qingwei, Yao Jiaxin's father.
Yesterday, Zhang Xian also posted this statement on his own Weibo account. Before the result of Yao Qingwei's lawsuit against Zhang Xian for defamation was out, this Weibo post again caused a stir.
Yao Qingwei's Weibo:
Once left 200,000 yuan but it was returned
On February 5, I received this news. On February 6, I rushed to Xi'an Electronic Science and Technology University where Zhang Xian works and met Zhang Xian and Zhang Pingxuan. They provided a printed statement with signatures from Zhang Pingxuan, Zhang Miao's mother, and Wang Hui signing on behalf of his son. The statement mentioned: On May 31 last year, Yao Qingwei opened a Weibo account under the name "Yao Jiaxin's father Yao Qingwei" and wrote: "After the second trial, Yao Jiaxin left two last wishes: one is for us to visit Zhang Miao's parents, and the other is for us to visit Zhang Miao's child. On May 26, 2011, accompanied by lawyers, we visited Mr. and Mrs. Zhang Pingxuan and Zhang Miao's child, and left 200,000 yuan in cash for Zhang Pingxuan as their pension." On June 5, 2011, Yao Qingwei said on Weibo, "On May 26, we visited your (Zhang Miao) child and parents, they were all very pitiful and in great need of help, so when we left, we left 200,000 yuan"; "Now these 200,000 yuan have been returned by your parents for unknown reasons, we will also deposit these 200,000 yuan in a special account and wait for your parents and children to really need them before coming to take it, because this is Yao Jiaxin's last wish, as parents, we must complete it." At that time, Zhang Pingxuan mailed the 200,000 yuan back. Zhang Xian explained on Weibo that "because these 200,000 yuan were conditional, intending to seek a lighter sentence for Yao Jiaxin..."
Zhang Xian's Weibo:
Yao Qingwei's sincere attitude, family Zhang accepts 200,000 yuan
In the afternoon of February 6, Zhang Pingxuan and others held the statement and rushed to our newspaper office, wanting to publish this statement in the newspaper in the form of an announcement, but later canceled this idea for some reason. At around 9 o'clock in the morning yesterday, Zhang Xian issued such a Weibo post: "Family Zhang Miao learned that Yao Qingwei said on Weibo: will definitely complete Yao Jiaxin's last wish, 200,000 yuan deposited in a special account waiting for them to come and collect. They thought Yao Qingwei might have acted impulsively at the time, so they did not make any comments. From June 7, 2011, when Yao Jiaxin was executed, until now, it has been exactly eight months, Yao Qingwei still keeps these Weibo posts, showing that Yao Qingwei's attitude is sincere and determined. Announcement today." A few minutes later, the "announcement" appeared on Zhang Xian's Weibo: Now relatives of Zhang Miao express their willingness to unconditionally accept the 200,000 yuan gifted by Yao Qingwei, and are scheduled to go to Yao Qingwei's residence on the morning of February 8, 2012, to accept this amount. 40 minutes later, this "announcement" was repeated. The beginning of Zhang Xian's "statement" indicated that he was entrusted by Zhang Miao's family to issue it, "after Zhang Miao was killed, as the victim's family, we once actively contacted Yao Jiaxin's father Yao Qingwei, hoping to negotiate matters related to civil affairs, but were coldly received by Yao Qingwei. Ultimately, after the first-instance verdict, we abandoned the request for civil compensation."
Yao Qingwei's side:
The gift no longer exists, Zhang Xian shifts focus
Such a statement immediately sparked heated discussions among netizens, by 5 p.m. yesterday, there were nearly 2,000 comments. It was at this moment that Zhang Xian issued another Weibo post, stating that on the morning of February 7, family Zhang sent a "Statement" to Yao Qingwei via courier, and went to Yao's house in the afternoon, "when knocking on the door, no one answered, so the 'Statement' was inserted into the room through the door crack." After failing to contact Yao Qingwei multiple times via phone and text message, "when leaving, the 'Statement' was posted on his front door and the bulletin board of the neighborhood, making it convenient to inform."
Yesterday afternoon, when the reporter called Zhang Xian and asked why he initially claimed no compensation or gifts would be accepted, but now wants to accept this money, Zhang Xian refused to comment, saying these thoughts were from the family of the deceased Zhang Miao.
Subsequently, Zhang Pingxuan said on the phone: "At that time, the parents of Yao Jiaxin came with 200,000 yuan, saying it was one of Yao Jiaxin's last wishes before his death: to use this money to allow Zhang Miao's parents and son to manage. If we don't accept it, we would feel sorry for their sincerity... Moreover, Maodan (the nickname of Zhang Miao's son) still needs money for upbringing, since they said this money can be accepted anytime, we decided to accept it."
At 7:59 pm last night, Yao Qingwei commented on this matter on Weibo: "Because my father-in-law, mother-in-law, and wife have always been in poor health, I have been taking care of them in the hospital. Regarding the matter of the 200,000 yuan donation, I have entrusted my agents Ma Yanming and Lan He to handle it entirely, please Mr. Zhang Xian contact them in time."
"The gift no longer exists," yesterday afternoon, Yao Qingwei's agent Lawyer Lan He said that he was entrusted to fully represent Yao Qingwei's response to this matter. He said that the 200,000 yuan was not a court judgment, but rather at the time to fulfill Yao Jiaxin's wish, Yao Qingwei borrowed 200,000 yuan and gave it to Zhang Pingxuan, which was equivalent to a gift contract. After Zhang Pingxuan returned it, the gift contract was revoked. Meanwhile, he believed that family Zhang "fabricated lies", harming and attacking the giver (i.e., Yao Qingwei), according to the law, the gift can also be revoked.
Lan He also questioned the intent of this statement, "Is this Zhang Pingxuan's real intention or Zhang Xian's?" He said, according to the trial limit, Yao Qingwei's lawsuit against Zhang Xian for defamation is about to be judged. At this critical point, suddenly raising the issue of 200,000 yuan is Zhang Xian shifting the focus, diverting the public and media attention from the defamation case back to Yao Jiaxin's case, deliberately bundling the two cases together. "Therefore, this money cannot be given and cannot be given," Lan He said that after Zhang Pingxuan returned the 200,000 yuan, Yao Qingwei had already repaid this borrowed money to the creditor.
Finally, Lan He said that the Yao family will continue to live as usual, ignoring the demands of the Zhang family. "If blocking the door or attacks affect normal life, the Yao family will report it to the police."
Lawyer:
The gift can be revoked before actually receiving the 200,000 yuan
Should the 200,000 yuan be given? Netizens have different opinions. Lawyer Zhu Zhenfeng from Shaanxi Haogong Law Firm believes that the establishment and effectiveness of a gift contract require mutual consent. If one party has the intention to give, and the other party does not accept it, the gift contract is not established.
Specifically regarding these 200,000 yuan, Yao Qingwei delivered the money to family Zhang, but Zhang Pingxuan returned it, indicating that he did not accept the gift, so the gift contract was not established. Later, Yao Qingwei stated on Weibo that the 200,000 yuan would be deposited in a special account and left for family Zhang, which could be considered as Yao Qingwei having the intention to give, and it has been ongoing. Zhang Xian's Weibo post declaring acceptance means that both parties have reached an agreement on the gift, and the gift contract is established.
According to Article of China's Contract Law: "A donor may revoke the gift before the rights to the gifted property are transferred." Gifts with disaster relief, poverty alleviation, or other public welfare and moral obligation nature, or gifts that have been notarized, do not apply to the previous provision. "This money definitely does not belong to disaster relief, poverty alleviation, or other public welfare nature, whether it belongs to moral obligation nature is also difficult to say," therefore, Lawyer Zhu tends to believe: before family Zhang actually receives the 200,000 yuan, Yao Qingwei's act of giving can be revoked.
Reporters Ning Jun and Yang Xiaogang share to: Welcome to comment, I want to comment, Weibo recommendation | Today's Weibo hot topics (Editor: SN001)