Candidate Zhang Ping received the court acceptance notice. The Xin Cheng District Court of Xi'an has officially accepted the case on February 27th. Photographed by Li Lingpeng.
On December 29th last year, Yao Qingwei sued Zhang Xian for "defamation" in the Yan Ta District Court of Xi'an city. Yao Qingwei's agent Lan He appeared at the court. Historical pictures.
After the second trial, Yao Jiaxin left two final wishes: one was to visit Zhang Miao's parents; the other was to visit Zhang Miao's child. On May 26th, 2011, we visited Mr. and Mrs. Zhang Pingxuan and Zhang Miao’s child, leaving behind 200,000 yuan in cash as their pension (May 31st, 2011).
Now these 200,000 yuan have been returned by your parents for unknown reasons, and we will keep this 200,000 yuan until your parents and child really need it in the future (June 5th, 2011).
— In the lawsuit document, Yao Qingwei's Weibo was cited by the Zhang family, demanding the fulfillment of Yao Jiaxin’s “legacy” of 200,000 yuan.
Yao Qingwei's Weibo mentioned Yao Jiaxin's two final wishes but did not mention anything about money.
Yao Jiaxin had no economic source and no property under his name, thus he was incapable of "legacy" of 200,000 yuan.
Even if it was a "legacy", the Zhang family has exceeded the time limit to accept the "legacy".
— Lan He, the agent lawyer for Yao family, believed that the Zhang family's claim for 200,000 yuan was unreasonable and unfounded both emotionally and logically. Whether there are hidden people pushing things forward remains unknown.
Report by reporter Kong Pu and intern Li Yutong. After the physical conflict between the two parties involved in the Yao Jiaxin case over the payment demand on February 8th this year, recently, the case of a girl being disfigured after rejecting love advances, which was identified as serious injury, has been transferred to the prosecutor.
The lawsuit document lists Yao Qingwei's Weibo posts.
It is reported that Zhang Miaoxuan, the victim of the Yao Jiaxin case (Zhang Miaoxuan's father), Liu Xiaoqian (Zhang Miaoxuan's mother), and Wang Moumou (Zhang Miaoxuan's son) formally sued Yao's couple to the court on grounds of "legacy disputes", demanding the fulfillment of Yao Jiaxin’s "legacy" of 200,000 yuan. The Xin Cheng District Court of Xi'an officially accepted the case on February 27th.
In the lawsuit document, Zhang Pingxuan and others detailed four Weibo posts made by Yao Qingwei since he opened a real-name Weibo account on May 31st, 2011. They believe these four Weibo posts can verify the amount of Yao Jiaxin's legacy, the legatee, and the executor of the legacy.
"The Weibo shows that Yao Jiaxin's will includes legacy content, specifically and clearly: the legacy amount is 200,000 yuan. The three plaintiffs can accept the legacy at any time. There are no additional conditions attached. The two defendants are the executors of the will." The lawsuit document claims, "Now the three plaintiffs agree to accept Yao Jiaxin's unconditional legacy."
Regarding the reason for the lawsuit, Zhang Miaoxuan's family wrote in the lawsuit document: "After Yao Jiaxin's legacy took effect, the defendant did not notify the plaintiff but instead published the legacy on Weibo. Since the plaintiff has little education and cannot use the internet, they only learned about Yao Jiaxin's legacy during the Spring Festival of 2012. After the Spring Festival, when the plaintiff went to the defendant's place to accept the legacy, they were rejected by the defendant. Out of necessity, the plaintiff had to file a lawsuit."
"There might be someone else stirring things up behind the scenes."
Yesterday, Lan He, the agent lawyer for the Yao family, said that the manipulation of the entire event development has exceeded the intellectual range of Zhang Pingxuan or even Zhang Xian. It remains unknown whether there are hidden people stirring things up behind the scenes. Lan He said, "The Zhang family's request for 200,000 yuan is unreasonable and unfounded both emotionally and logically."
■ Statement
Zhang Family
"Even if drowned by saliva, we still have to sue"
The Zhang family also claimed in the complaint: "The Yao family's attitude expressed on Weibo moved many people to tears, Yao Jiaxin's repentance made people cry, through this, the Yao family gained great sympathy and understanding. However, the Zhang family instead faced attacks and insults. Some people even thought that because the Zhang family did not accept compensation, Yao Jiaxin was sentenced to immediate execution, it was the Zhang family who killed Yao Jiaxin, destroying the Yao family's hope, therefore Yao Jiaxin is a murderer, and the Zhang family is also a murderer. Faced with such black-and-white inverted public opinion, even if drowned by saliva, the Zhang family must insist on claiming this money, because doing so would further maximize the virtue of the defendant's family."
On March 1st, the reporter called lawyer Zhang Xian, who played a key role in the Zhang family's payment claim incident, asking about his views on the lawsuit. He indicated that he hoped for a peaceful life and hung up the phone quickly citing "will not participate in this matter anymore."
■ Response
Lawyer for Yao Family
Claiming payment is unfounded both emotionally and logically
Yesterday, Lan He, the agent lawyer for the Yao family, told reporters that he accepted Mr. Yao Qingwei's full authority to handle this matter on February 7th. Lan He believed that the Zhang family's lawsuit was a continuation from the physical conflict on February 8th to the legal level.
Lan He believed that the Zhang family's claim for 200,000 yuan was unfounded both emotionally and logically for several reasons: Yao Qingwei's Weibo mentioned Yao Jiaxin's two final wishes but did not mention anything about money; Yao Jiaxin had no economic source and no property under his name, thus he was incapable of "legacy" of 200,000 yuan; even if it was a "legacy", the Zhang family has exceeded the time limit to accept the "legacy".
Lan He stated that if the Zhang family could publish the details of online donation flows, prove that they indeed have no money for medical treatment, and clarify the false information previously disclosed in the media, making the truth of the "payment gate" public, then both Yao Qingwei and himself would be willing to provide help within their capabilities for Liu Xiaoqian's medical treatment.