Will Sun Xiaoguo be sentenced to death in the retrial of his case? In the first "personal bankruptcy" case, a debt of 2.14 million yuan only requires repayment of 32,000 yuan.

Sun Xiaoguo case reopened for retrial, 19 public officials and key associates involved transferred for examination and prosecution

On October 14, the highly anticipated trial of the Sun Xiaoguo case commenced.

 The entire report can be summarized in the following three points:

 1. The Yunnan Provincial High People's Court formed a collegial panel in accordance with the law and held a public hearing in accordance with the trial supervision procedure on the case of Sun Xiaoguo involving rape, compulsory indecent assault on women, intentional injury, and picking quarrels and provoking trouble;

2. The procuratorial organs of Yunnan Province filed a public prosecution in accordance with the law against Sun Xiaoguo for suspected organized crime of a gangland nature after his release from prison;

3. 19 public officials and key persons involved in the case were transferred for examination and prosecution.

Wenzhou concludes China's first "personal bankruptcy" case: 2.14 million yuan debt reduced to 32,000 yuan

On October 9, the Wenzhou Intermediate People's Court, together with the Pingyang County People's Court, reported on China's first individual debt centralized liquidation case with the substantive functions and comparable procedures of personal bankruptcy. In this case, the debtor, Cai, is a shareholder of an enterprise. After the enterprise went bankrupt, he owed 2.14 million yuan in debts. A legally effective judgment confirmed that Cai bore joint and several liability for the 2.14 million yuan debt of the bankrupt enterprise.

However, Cai indeed lives in difficult circumstances. His family income is low, his child is still attending university, and he has suffered from long-term illness with enormous medical expenses. His family has been living beyond its means for a long time and truly has no money to repay the debt. In September of this year, the Pingyang Court convened the first creditors' meeting for Cai. With the consent of four creditors, the following plan was reached: Cai ultimately proposed a plan to repay at a ratio of 1.5%, amounting to 3.2 yuan, in a one-time payment within 18 months. At the same time, Cai promised that within six years from the date the plan is fully performed, if his family's annual income exceeds 120,000 yuan, 50% of the excess portion will be used to repay the debts owed to all creditors that remain unpaid.

 What is “personal bankruptcy”?

 A lawyer from Guangdong Zhiming Law Firm stated, China's personal bankruptcy system is still in the exploratory stage and has yet to take shape, but countries such as the United States and Japan have long since implemented it. 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 is given a time limit, during which, aside from retaining the debtor's basic living expenses, all remaining funds must be used to repay the debt. After this period expires, regardless of whether the debt has been fully repaid, no further repayment is required. 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 instead of mannitol intravenously, resulting in the death of a 5-year-old child.

The official website of the Health Commission of Yixing City, Jiangsu Province, released on October 15 a "Notice on the Handling of the Death of Zhu XX": On the afternoon of September 8, 2019, a 5-year-old patient, Zhu XX, was admitted to Yixing People's Hospital for “viral encephalitis” and received targeted treatment. During this period, the child's condition worsened. The nurse on duty, following medical orders, mistakenly administered an intravenous drip of “metronidazole” instead of “mannitol.” That afternoon, the child was transferred to Suzhou Children's Hospital for treatment and was ultimately diagnosed with “acute necrotizing encephalopathy.” The child died that night after rescue efforts failed.
 

After the incident, the Yixing Municipal Health Commission immediately opened an investigation. A preliminary investigation confirmed that the nurses on duty violated operating standards and mistakenly administered "metronidazole." Yixing People's Hospital has decided to dismiss the two nurses who were on duty. The Yixing Municipal Health Commission and other relevant departments will, based on the final investigation results, handle the personnel involved in accordance with laws and regulations.

 A lawyer from Guangdong Zhiming Law Firm stated,This incident can basically be characterized as a medical malpractice, and the next step depends on the appraisal result of the accident grade. If it is a Grade One medical malpractice, the medical personnel involved may also need to bear criminal liability. Article 335 of the Criminal Law stipulates: “Any medical worker who, due to gross negligence, causes the death of a patient or seriously damages the patient’s health shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention.”

(Some content in this article is reproduced from People's Daily and other public online channels; infringement will be removed upon request.)