Sun Xiaoguo's case is retried. Will he be sentenced to death? The first "personal bankruptcy" case: owing 2.14 million, only need to repay 32,000.
The retrial of the Sun Xiaoguo case has commenced, and 19 public officials and key individuals involved have been transferred for review and prosecution.
On October 14, the highly anticipated Sun Xiaoguo case was heard in court.
The entire report can be summarized in the following three points:
1. The Yunnan Provincial Higher People's Court lawfully formed a collegial panel to retry the case of Sun Xiaoguo involving rape, forced indecency against women, intentional injury, and affray under the trial supervision procedure;
2. The Yunnan Provincial Procuratorate lawfully initiated a public prosecution against Sun Xiaoguo for suspected involvement in organized crime of a mafia nature after his release from prison;
3. Nineteen public officials and key individuals involved were transferred for review and prosecution.
Wenzhou concluded the nation's first "personal bankruptcy" case, where a debt of 2.14 million yuan only required repayment of 32,000 yuan.
On October 9, the Wenzhou Intermediate People's Court, together with the Pingyang County People's Court, reported on the first case in China of personal debt consolidation with the substantive functions and procedures of personal bankruptcy. In this case, the debtor, Cai, was a shareholder of a company. After the company went bankrupt, he owed 2.14 million yuan in debt. According to an effective judgment document, Cai was held jointly and severally liable for the 2.14 yuan debt of the bankrupt company.
However, Cai was indeed living in hardship, with a low family income, a child still in university, and long-term illness causing significant expenses. The family had been living beyond its means for a long time and truly had no money to repay the debt. In September of this year, the Pingyang County People's Court held the first creditors' meeting for Cai. With the consent of four creditors, the following plan was reached: Cai proposed a repayment plan with a 1.5% settlement ratio, amounting to 3.2 yuan, to be paid in a lump sum within 18 months. At the same time, Cai promised that within six years after the plan was fulfilled, if his family's annual income exceeded 120,000 yuan, 50% of the excess would be used to repay the debts of all creditors that remained unpaid.
What is "personal bankruptcy"?
A lawyer from Guangdong Zhiming Law Firm stated, China's personal bankruptcy system is still being explored and has not yet taken shape, but it has long been implemented in countries such as the United States and Japan. Simply put, personal bankruptcy means that when a debtor truly cannot repay their debts, they can apply to the court for personal bankruptcy. Once approved, the debt has a time limit. During this period, aside from retaining the debtor's basic living expenses, all other money must be used to repay the debt. After this period, regardless of whether the debt has been fully repaid, it no longer needs to be repaid. As economist Song Qinghui said—The personal bankruptcy system is a blessing for the honest but unfortunate.
A nurse at Yixing People's Hospital mistakenly administered "metronidazole" as "mannitol" via intravenous drip, resulting in the death of a 5-year-old child.
The official WeChat account of the Yixing Municipal Health Commission in Jiangsu Province released a notice on October 15 regarding the handling of the death of Zhu Moumou: On the afternoon of September 8, 2019, a five-year-old patient, Zhu Moumou, was admitted to Yixing People's Hospital with a diagnosis of "viral encephalitis," and the hospital provided targeted treatment. During this period, the child's condition worsened, and the nurse on duty, following medical orders, mistakenly administered "metronidazole" intravenously instead of "mannitol." That same afternoon, the child was transferred to Suzhou Children's Hospital for treatment, where a final diagnosis of "acute necrotizing encephalopathy" was made, and the child died that evening despite rescue efforts.
After the incident, the Yixing Municipal Health Commission immediately initiated an investigation. Preliminary findings confirmed that the nurse on duty violated operational protocols by mistakenly administering "metronidazole." Yixing People's Hospital has decided to dismiss the two nurses on duty. The Yixing Municipal Health Commission and relevant departments will handle the matter in accordance with the law and regulations based on the final investigation results.
A lawyer from Guangdong Zhiming Law Firm stated,This incident can essentially be classified as a medical accident. The next step is to await the determination of the accident's severity level. If it is classified as a first-level medical accident, the relevant medical personnel may also face criminal liability. Article 335 of the Criminal Law stipulates: "Medical personnel who, due to gross negligence, cause the death of a patient or seriously harm the patient's health, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention."
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