Plaintiffs Wu Yiduo and Wu Yishi versus defendant Laizhou City Funeral Management Office concerning a moral rights dispute
Shandong Province Laizhou City People's Court
Civil Judgment
(2013) Laizhou Minchu No. 4759
Plaintiff Wu Yiduo.
Plaintiff Wu Yoshi.
The entrusted agent, Wu Yiduo, is the younger brother of the plaintiff Wu Yishi.
The second plaintiff *** also appointed his agent Zou Dayong, a lawyer from Shandong Fangming Law Firm.
The defendant Laizhou City Funeral Management Office.
Legal representative Zhang Junsheng, director.
The entrusted agent is Li Xuewei, a legal worker at the No. 1 Legal Service Office on Wenchang Road, Laizhou City.
After this court accepted the case of a moral rights dispute between the plaintiffs Wu Yiduo and Wu Yishi and the defendant Laizhou City Funeral Management Office, a collegial panel was formed in accordance with the law and the trial was held in public. The plaintiff Wu Yiduo attended the court as the agent of the plaintiff Wu Yishi, the agent of the second plaintiff Zou Dayong, and the agent of the defendant Laizhou City Funeral Management Office Li Xuewei attended the court. This case has now been concluded.
The plaintiff claimed that on November 7, 2007, the defendant failed to check the death certificate as required and killed the plaintiff’s father, causing the plaintiff to lose the opportunity to visit the body of his loved one and unable to worship and express his grief. Severe mental harm. The defendant was at fault for the damage and should be liable for compensation. The petitioner requested the court to order the defendant to compensate the two plaintiffs a total of RMB 40,000 in spiritual solace.
The defendant argued that the plaintiff’s accusation was inconsistent with the facts. Our company’s cremation registration book recorded that on November 7, 2007, our company cremated a person named “Wang Wenxiao”. He was from Bayan County, Heilongjiang. Our company did not cremate the plaintiff’s father. In addition, when cremating, our company checked the death certificate of “Wang Wenxiao” in accordance with regulations. We were not at fault for this and requested the court to dismiss the plaintiff’s lawsuit in accordance with the law.
After trial, it was found that Wang Wenxiao. After Wang Wenxiao married Wu Guixia, they had a son, the plaintiff Wu Yiduo, and a daughter, the plaintiff Wu Yishi. After Wang Wenxiao and Wu Guixia divorced in 1988, the plaintiffs Wu Yiduo and Wu Yoshi lived with their mother Wu Guixia.
In April 2007, Wang Wenxiao followed Tang Lirong to work in a brick factory in Shijiang Village, Pinglitian Town, Laizhou City. On November 7 of the same year, Wang Wenxiao died and was sent to the defendant's office for cremation. The cremation registration form states: registration number 5851; in the relatives column: name: Village Committee; in the deceased column: name: Wang Wenxiao. After the cremation, Tang Lirong went through the procedures for storing Wang Wenxiao's ashes and stored Wang Wenxiao's ashes at the defendant's office.
On October 18, 2009, Wu Guixia filed a complaint with the Laizhou Municipal Public Security Bureau on the grounds that Wang Wenxiao was killed by others. On November 7, 2012, the Laizhou Municipal Public Security Bureau stated that Wu Guixia’s accusation had no evidence to prove that a crime had occurred. Wu Guixia filed a reconsideration notice on the grounds of Lai Gong Bu Li Zi (2012) No. 00018, and on November 22, 2012, the Laizhou Municipal Public Security Bureau issued a reconsideration decision and upheld the original decision.
On July 8, 2013, the plaintiff went to the defendant to inquire about Wang Wenxiao’s cremation status. The defendant issued a certificate for him, which stated: “This is to certify that the remains of Comrade Wang Wenxiao were found on November 7, 2007. Cremated in our institute, hereby certify." Later, the plaintiff lied that he wanted to go through the cancellation procedures for "Wang Wenxiao". To this end, the defendant issued a certificate for Wu Guixia, which stated: "This is to certify that Wang Wenxiao, Bayan (Yan) County, Heilongjiang Province The body was cremated at the Laizhou City Funeral Management Office on November 7, 2007. He worked in a brick and tile factory in Pinglitian Town, Laizhou City. The death certificate was issued by the Shijiang Village Committee and there was no stub because the Laizhou death certificate was in July 2010. "After three months, they will be uniformly issued by the Centers for Disease Control and Prevention and included in the formal management and storage of funeral homes. Death certificates that were previously cremated will not be stored for a long time." On November 4, 2013, the plaintiff believed that the defendant made a mistake in not reviewing the deceased's death certificate as required when cremating Wang Wenxiao's body. Therefore, the plaintiff filed a lawsuit with this court.
During the trial, the plaintiff also provided the investigation records of Du Changcheng, Sun Changxi, and Han Mingxiang, who worked with Wang Wenxiao in the brick factory on November 6, 2012, and the witness statements of Sun Changhong, Tang Lirong, etc., claiming that Wang Wenxiao He was beaten by co-workers at work and was not treated in time, resulting in Wang Wenxiao's death. The plaintiff also provided the investigation transcript of Zheng Haiguang, a doctor at Pinglitian Town Health Center in Laizhou City, claiming that Wang Wenxiao went to the hospital for treatment due to injury one day in November 2007. At the same time, the plaintiff provided the investigation transcripts of Li Shengkun and Hong Gang on September 4, 2011, claiming that Wang Wenxiao was fired. The defendant claimed that he was unclear about the above-mentioned evidence provided by the plaintiff, and believed that the witnesses should appear in court to receive questioning based on the witness statements and investigation records provided by the plaintiff.
Regarding the process of Wang Wenxiao’s cremation, this court obtained the interrogation transcripts of the Criminal Police Brigade of Laizhou City Public Security Bureau at the plaintiff’s request. Among them, Tang Lirong stated in the interview transcript on September 2, 2012: After Wang Wenxiao died, I found a small broken book on Wang Wenxiao, which recorded five or six phone numbers. I called them one by one. Yes, some don't. After Wang Wenxiao died, I asked Hong Gang to ask the police station what to do in this situation. Hong Gang told me that the people at the police station said that if someone died of illness, they should handle it themselves. That’s it. Hong Gang took me to the crematorium again to inquire. The crematorium said that if the deceased's current workplace issued a certificate, it would be enough to spark the fire. I went back to the brick factory to find Chen Xiliang's cremation certificate. He said that Wang Wenxiao died of cerebral hemorrhage. Chen Xiliang wrote a cremation certificate. The certificate was stamped with the official seal of the brick factory. I took the cremation certificate and together with workers Wu Antao and Liu Jinhai from the brick factory, we sent Wang Wenxiao's body to the crematorium for cremation. After the cremation, we went through the procedures for storing the ashes. Chen Xiliang, who contracted the brick factory, stated in the interview record of the public security agency: I contracted the brick factory in Shijiang Village, Pinglitian Town, Laizhou City from January 1, 2006 to the end of 2007. , the business license of the brick factory has been revoked, but I have been holding the official seal of the brick factory for use. One day in 2007, Tang Lirong, the foreman from Northeast China, came to me and said that Wang Wenxiao had gone out drinking and could no longer speak. He said that the hospital was checking for cerebral hemorrhage and that he needed to be arranged for a worker to take care of him. He asked me to record the work of the worker who was taking care of him. I was At that time, I knew that Wang Wenxiao was lying down because of drinking. A few days later, I heard from Tang Lirong that Wang Wenxiao was dead. After Wang Wenxiao's death, Tang Lirong came to me again and said that Wang Wenxiao's family could not find him. He initially wanted to transport the body to his hometown, but later he heard that the journey was too far and was unwilling to go. He had to be cremated in Laizhou, but a certificate was required. . Tang Lirong brought me a medical record written by the hospital and let me look at it. I saw that it said that Wang Wenxiao suffered from brain damage after drinking.