On October 4th, 65438/KLOC-0, the victim expressed his despair in a letter to his lawyer. In this regard, ZTO Express responded that in the communication with the victim's lawyer, Zhongtong offered to bear the medical expenses caused by the incident and paid the spiritual comfort money with reference to the upper limit of the spiritual comfort money standard in the relevant court documents, but the injured party explicitly rejected this plan and demanded millions of compensation.
The victim's attorney denied ZTO Express's statement about the amount of compensation, saying that the issue of compensation price was not mentioned in previous negotiations.
The victim wrote: I want to give up and have nothing to do with Zhongtong.
654381October 8, Zhou Zhaocheng, the attorney of the victim of sexual assault by ZTO courier, received a letter.
"I was very sad and angry when I saw the letter. I think the poor girl is completely desperate. " Zhou Zhaocheng told the victim's mother the contents of the letter at the first time. The victim's mother thinks that ZTO Express has not kept his promise, which is the second time to insult her.
Chengdu Evening News reporter obtained the specific content of this letter from lawyer Zhou Zhaocheng.
In the letter, the victim told her thoughts about sexual assault, saying that she wanted to give up her responsibility for the incident and had nothing to do with ZTO Express. Recalling the experience at that time, the victim said that the courier left him with a lifelong shame and his whole body was scarred. "Finally, this ZTO express said that it would give me a' free courier fee' as compensation."
"Why did this happen to me? Why did I call ZTO Express at that time? " The victim said that now he has serious insomnia and is unwilling to communicate with anyone. He always thinks that someone will pounce on him.
On September 25th, the victim was diagnosed with severe depression. At that time, Zhongtong responded that it was willing to bear the medical expenses and spiritual comfort caused by this incident. "If (the victim) can help in life and work, we will try our best."
However, from September 2004, 65438+ZTO express sexual assault case to now, the victim has not received any substantial compensation. She wrote in the letter: Why did the chairman of ZTO Express Company respond after it apologized in the media and promised compensation? Why can't you give me a "fair" up to now? I don't understand!
Zhongtong responded: The injured party rejected our plan and offered millions of compensation.
On the afternoon of June 65438+1October 1 1, Chengdu Evening News reporter interviewed ZTO Express Company in response to the query raised in the victim's letter (Zhongtong failed to fulfill its promise).
ZTO Express replied that it regretted that the injured party once again accused ZTO Express of not paying compensation. ZTO Express said that after the incident, ZTO Express tried to contact the victim's mother to discuss compensation, but it was always rejected. Afterwards, the victim's mother entrusted a lawyer to discuss compensation with ZTO Express.
"In communication with the victim's lawyer, Zhongtong offered to bear the medical expenses caused by this incident, and paid the spiritual comfort money with reference to the upper limit of the spiritual comfort money standard in relevant court documents, but the victim explicitly rejected our proposal and demanded compensation of several million yuan". ZTO Express said that the injured party repeatedly accused Zhongtong of being insincere and refusing compensation through the media, and these accusations were inconsistent with the facts.
At the same time, ZTO Express mentioned that during the negotiation, the injured party mentioned family difficulties and it was difficult to pay high medical expenses. We offered to help them pay the current medical expenses first, and other compensation could be discussed, but it was also rejected.
The victim's lawyer denied ZTO Express's statement on the amount of compensation. "I haven't talked about this step with ZTO Express. The victim's family confirmed with me before (negotiated amount). I said if only I could decide. "
Finally, ZTO Express said that in view of the great differences between the two sides, it is hoped that the two sides will solve the problem through legal channels in order to avoid further deepening misunderstandings.
Third-party lawyer: Zhongtong's handling method may have a negative impact on the enterprise.
The victim mentioned many times in his letter that he would give up the responsibility of Zhongtong, so is it legally allowed for the victim to do so? If you give up your responsibility, will Zhongtong Company have no responsibility?
Lawyer Zhang Lijuan of Chongqing Yonghe Law Firm believes that the victim can only give up the civil litigation part and has no right of appeal in the criminal part, so he did not give up the lawsuit. In terms of criminal responsibility, the personal behavior of the courier is not the responsibility of the company, but in terms of civil responsibility, it should bear corresponding responsibilities.
"If the victim wants to get the compensation he deserves, he can choose to file a civil lawsuit with the courier through criminal proceedings, or he can file a civil personal injury compensation lawsuit with Zhongtong Company and the courier respectively." When talking about the time to get compensation through litigation, Mr. Zhang said that the specific time depends on the development of the case, and it is possible that both parties can reach a settlement and get compensation soon.
Regarding the sexual assault of female customers by ZTO Express, Mr. Zhang believes that according to public reports, the public is not satisfied with the handling method of Zhongtong. "Such a thing will have a negative impact on the enterprise, sincerely apologize, compensate in time, and the rectification plan is in place, which is acceptable to the public."
Lawyer Zhang said that if the victim's claim for excessive compensation mentioned by Zhongtong Company is true, it is suggested that both parties should negotiate on the basis of compensation stipulated by law in line with the principle of minimizing damage. "