The second-instance verdict in the Jiang Ge case has taken effect; how should Liu Xin's urgent "fundraising" be defined?

📅 2023-01-05 📂 Zhiming Hot CommentsZhiming Hot Comments 🏷️ #公序良俗 #刘鑫募捐 #微博打赏 #Civil Code #江歌案

[2] Compiled from: Red Star News, The Paper
 
Case review
On January 3, 2023, the Weibo hashtag #LiuXinLaunchesOnlineFundraisingForNearly700000Compensation# topped the trending list, sparking heated discussion. On the night of January 2, Liu Xin (now known as Liu Nuanxi) posted an article on her Weibo account @L-N-X-wisteria, stating, “Since the court has ruled this way, I can only bear it. If anyone is willing to help me, I kowtow in gratitude. I will record every bit and hope to repay you someday.” The article enabled a tipping function. On the night of January 3, Liu Xin posted on Weibo that she had closed the tipping function, having received a total of 25,600 yuan. Liu Xin’s actions on Weibo sparked significant controversy.

 
 

Currently, the Weibo account @L-N-X-wisteria has been permanently suspended. Additionally, the aforementioned article posted by the account has been deleted due to a copyright infringement complaint. On the afternoon of January 4, @WeiboAdmin posted a message stating that regarding the online rumor of “initiating online fundraising,” the platform, upon discovering the tipping behavior related to user @L-N-X-wisteria, immediately and proactively closed the tipping function of user @L-N-X-wisteria and restricted their ability to withdraw funds.
 
Jiang Qiulian stated that she discovered Liu Xin may have activated a new Weibo account. She also believes that Liu Xin's online fundraising is "continuing to insult Jiang Ge by obtaining tips from 893 people," and that Liu Xin has never reflected on her own issues, always blaming others.

 
 

[1] The People's Republic of ChinaCivil Code
Article 8
Civil subjects engaging in civil activities must not violate the law or contravene public order and good customs.
 
Article 153
A civil legal act that violates mandatory provisions of laws or administrative regulations is void, unless such mandatory provisions do not render the civil legal act void.
A civil legal act that violates public order and good customs is void.

 
 

[1] The author's perspective
Liu Xin's act of posting on Weibo in hopes of receiving tips is not a fundraising activity as defined in China's Charity Law, but rather a gift as stipulated in the Civil Code. It is not illegal, but the crowdfunded money is intended to repay the tort damages from the Jiang Ge case. Liu Xin's behavior seriously violates public order and good customs, not only desecrating the court's judgment but also causing further emotional harm to Jiang Ge's mother, Jiang Qiulian, resulting in extremely negative social impact.

Even if Liu Xin was driven by financial pressure to take such actions, it would not be tolerated by law or society. Setting aside Liu Xin's family background, which allowed her to study abroad at her own expense, she should still adopt legal means to repay the compensation and assume the responsibilities she ought to bear.

⚖️ Start Your Professional Legal Service Journey Now

Professional legal team, providing one-stop legal solutions

  • @ Email: zhiminglawfirm@126.com
  • WeChat ID:zhiminglawyer01
  • 💬 WeChat: gd_zhiming

Business hours 9:00-18:00 · Fast Response · Strict Confidentiality · Professional & Efficient

Consultation QR Code

Scan the QR code for consultation

Law Firm Official Account

Scan to follow us