Li Xincao Drowning Case: Three Drinking Sessions, Two Slaps
Compiled from: CCTV News, Procuratorate Network
Case review
On September 9, 2019, Li Xincao, a sophomore at Kunming University of Science and Technology, along with her classmate Ren Mouxun, and Ren Mouxun's two male friends, Luo Bingqian and Li Moumouhao, were drinking at a bar. At around 2:04 a.m., the Kunming City Court Command Center received an alarm reporting that someone had jumped into the Panlong River. Police officers arrived at the scene immediately to conduct a search and rescue, and took Ren Mouxun (female, 19, from Mengzi, Honghe, sophomore), Luo Bingqian (male, 22, from Kaiyuan, Honghe, working in Kunming), and Li Moumouhao (male, 22, from Kaiyuan, Honghe, senior college student) to the police station for investigation.
On September 11, 2019, a female corpse was found at the East Wharf of Dianchi Lake. After investigation, it was confirmed to be the body of Li Xincao (female, 18 years old, from Shizong, Qujing, a second-year university student).
On September 16, 2019, Li Xincao's cousin Chen reported to the public security authorities that Li Xincao had been molested before falling into the water, and the Gulou Police Station accepted the case for investigation.
On October 12, 2019, Li Xincao's mother, Chen Meilian, posted the incident online and exposed videos of Li Xincao at a bar before her death, which sparked widespread public attention. (Especially regarding speculations about the 'slap' and whether there was 'forcible molestation'.)
On October 14, 2019, the Kunming City Court established a special task force to file a case and investigate the death of Li Xincao.
On August 12, 2020, the People's Court of Panlong District, Kunming City, reported on the drowning case of Li Xincao. Luo Bingqian, the man involved in Li Xincao's drowning, was prosecuted for causing death by negligence.
On September 19, 2020, the Panlong District People's Court of Kunming City held a public hearing to try the case in which the Panlong District People's Court of Kunming City accused defendant Luo Bingqian of the crime of negligent homicide, and the incidental civil lawsuit filed by plaintiff Chen Meilian.
Relevant legal provisions
"Criminal Law of the People's Republic of China"
Article 233: Negligent Homicide
If a person causes the death of another through negligence, they shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; if the circumstances are relatively minor, they shall be sentenced to fixed-term imprisonment of not more than three years. If this law provides otherwise, the provisions shall be followed.
[1] Court Opinion
On September 21, 2020, the Panlong District People's Court of Kunming City released case information: The case of Li Xincao's death by falling into the river was publicly adjudicated this morning in Kunming, Yunnan. The Panlong District People's Court of Kunming City sentenced the defendant Luo Bingqian to one year and six months in prison for the crime of causing death by negligence, and ordered Luo Bingqian to compensate the plaintiff of the accompanying civil lawsuit, Chen Meilian, for economic losses of 63,257 yuan.
The People's Court of Panlong District, Kunming City, after trial, found that on September 8, 2019, the defendant Luo Bingqian gathered with Ren Mouxun, Li Xincao, and Li Moumouhao. On the night of the incident, Luo Bingqian repeatedly suggested drinking continuously at different locations. When Li Xincao showed general signs of intoxication such as unsteady walking, difficulty sitting or standing, and emotional instability, Luo Bingqian offered comfort and reassurance, fulfilling certain care and assistance duties. During the latter stage of Li Xincao's intoxication, for more than an hour, his abnormal behavior continued to intensify, including speaking nonsense, throwing and breaking things, splashing water on his own head, banging his head on the table, cutting his wrist with a beer bottle cap, and climbing over the riverside guardrail, with his ability to recognize and control his actions significantly declining. Luo Bingqian only used general comforting measures, believing that this could prevent harmful consequences, and did not take effective rescue measures. Moreover, to avoid trouble and bearing rescue costs, he did not adopt reasonable suggestions such as calling the police or taking him to the hospital, and resorted to slapping Li Xincao to sober him up, which further destabilized his emotions, ultimately leading to Li Xincao climbing over the riverside guardrail and drowning. It was also found that the death of the victim, Li Xincao, caused economic losses to his family, including funeral expenses, transportation costs, and lost wages.
The Panlong District People's Court of Kunming City holds that the facts of the case in which the public prosecution accuses the defendant Luo Bingqian of involuntary manslaughter are clear, the evidence is true and sufficient, the charges are established, and he should be punished according to law. Considering that during the joint drinking, Luo Bingqian provided certain care and assistance to the intoxicated victim Li Xincao, the criminal circumstances are relatively minor. Luo Bingqian has the circumstance of turning himself in and can be given a lighter punishment according to law. Luo Bingqian voluntarily pleads guilty and signs an admission statement, and can be given leniency according to law. The sentencing recommendation proposed by the public prosecution is appropriate, and the court adopts it. The court supports the portions of the plaintiff's civil claims that conform to relevant legal provisions regarding economic losses. The court, taking into comprehensive consideration Luo Bingqian’s criminal facts, nature and circumstances of the offense, the degree of harm to society, and attitude toward guilt and repentance, makes the above judgment according to law.
[1] The author's perspective
The crime of causing death by negligence refers to an act in which the perpetrator, due to carelessness or negligence, fails to foresee or, having foreseen, lightly believes they can avoid, resulting in the death of another person, thereby depriving them of the right to life.
In recent years, tragedies caused by accidents resulting in injury or death due to excessive drinking at gatherings are not uncommon in daily life. According to relevant provisions of the Tort Liability Law, during drinking at gatherings, when someone becomes intoxicated, a specific legal relationship is automatically formed among those drinking together. In the event of an accident after intoxication, the intoxicated person, as a fully responsible civil actor, bears the primary responsibility for their own life safety, while the organizer and fellow drinkers also bear corresponding legal responsibilities depending on the specific circumstances.
The author reminds that if the act of drinking together has already led to someone becoming intoxicated, the others who are not drunk should maintain a high level of sobriety and should fulfill their duty to ensure the safety of others. If they fail to fulfill their duty to ensure the safety of others and violate their legal obligations, they must bear responsibility for compensating others for any losses.
