Xinhua News Agency, Beijing, February 9th (reported by Wang Mengjie) -- There has been new development in the case of the family of the victim in the Yao Jiaxin case demanding a donation of 200,000 yuan. This afternoon, Wang Siyu (represented by Wang Hui), son of Zhang Miao, his father Zhang Pingxuan and mother Liu Xiaoqian, issued a statement on their agent Zhang Xian's (Weibo) Weibo account, stating that accepting Yao Jiaxin’s family's donation of 200,000 yuan at this time is legally justified.
In this statement titled "Explanation of Why Our Family Agreed to Accept Yao Qingwei's (Weibo) Donation of 200,000 Yuan," the family of Zhang Miao argued that during the trial of the Yao Jiaxin case, the 200,000 yuan offered by Yao's father Yao Qingwei was essentially compensation for the civil litigation attached to the criminal case. "Since we have abandoned our legal claims, we will not accept these 200,000 yuan." However, the 200,000 yuan subsequently announced by Yao Qingwei on Weibo represents a new intention, leading to a new legal relationship. "This 200,000 yuan is not the same as that previous 200,000 yuan," demanding that Yao Qingwei fulfill his promise made on Weibo.
Last year, during the death penalty review stage of the Yao Jiaxin case, Yao Jiaxin's parents had attempted to give Zhang Miao's family 200,000 yuan but were refused. In June of the same year, Yao Qingwei posted on Weibo that he would keep this 200,000 yuan in a special account until Zhang Miao's family needed it. On February 7, Zhang Miao's family expressed willingness to accept this donation.
Regarding this, lawyer Lan He (Weibo), the entrusted agent of Yao Qingwei, believed that since the previous gift contract of 200,000 yuan was not established due to the refusal of the recipient, there is currently no contractual relationship between the Yao family and the Zhang family, hence no obligation to pay the money.
"The legal basis mentioned in the Zhang Miao family's 'Explanation' is incorrect. The 200,000 yuan presented by Yao Qingwei during the trial of the Yao Jiaxin case had nothing to do with the civil litigation compensation. The court's first-instance judgment already ordered a civil compensation of 45,000 yuan, which has taken effect; however, Zhang Miao's family has not yet collected this amount from the court," said lawyer Lan He to China Youth Daily (Weibo).
"As for the subsequent announcement of 200,000 yuan by Yao Qingwei on Weibo, for eight months, this goodwill expression has consistently been resisted by actions and words from Zhang Xian and Zhang Miao's family, such as emphasizing 'not taking blood-stained money,' so no agreement has been reached between both parties," said Lan He. "Now, just because Yao Qingwei hasn't deleted this Weibo post, one cannot assume they have the right to demand this donation at any time; this is unreasonable."
When asked about why they changed their stance to accept the Yao family's donation of 200,000 yuan, Zhang Pingxuan told the media: "The money is for treating my wife Liu Xiaoqian." He also stated that among various donations received previously, he only got 100,000 yuan, which has already been spent on medical expenses and other needs.
"If it is confirmed that Zhang Pingxuan's family indeed faces difficulties, Yao Qingwei and myself are willing to provide help within our capabilities," lawyer Lan He reiterated today to China Youth Daily. However, it is necessary to clarify the true flow of netizens' donations to the Zhang family. "We hope that Zhang Miao's family and Zhang Xian can publicly disclose the detailed amounts and usage of the donations received, to verify whether Zhang Pingxuan truly intends to use the 200,000 yuan for treatment."
In response to netizens' doubts about the "flow of donations," the "Explanation" also addressed this issue. Zhang Miao's family responded that after they abandoned their claim for civil compensation, some netizens' donations filled them with gratitude. "Please rest assured, under any circumstances, we will not do anything disgraceful," they stated.
According to other media reports, on February 8, when Zhang Miao's family went to Yao Jiaxin's home to demand the 200,000 yuan donation, Wang Hui, Zhang Miao's husband, was fined 200 yuan for public security offenses due to physical conflict with Yao Qingwei's agent Ma Yanming.
The Yao family stated that Zhang Xian must meet three conditions to receive the donation.
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