People's Court of Laizhou City, Shandong Province
paper of civil judgment
(20 13) Laizhou minchuzi No.4759
Plaintiff Wu Yiduo.
Plaintiff Wu.
The entrusted agent Wu Yiduo is the younger brother of the plaintiff Wu.
II. Plaintiff * * * is entrusted agent Zou Dayong, lawyer of Shandong Fang Xiangming Law Firm.
Defendant Laizhou Funeral Management Office.
Legal Representative: Zhang, director.
Authorized Agent: Li Xuewei, legal worker of No.1 Legal Service Office of Wenchang Road, Laizhou City.
After the plaintiffs Wu Yiduo and Wu and the defendant Laizhou Funeral Management Office accepted the case, our court formed a collegial panel according to law and held a public hearing. Wu Yiduo, the attorney of plaintiff Wu, Zou Dayong, the attorney of second plaintiff, and the attorney of Laizhou Funeral Management Office attended the proceedings. The case has now been closed.
According to the original report, on June 7, 2007, 165438+ the defendant failed to check the death certificate as required, which caused the plaintiff's father to lose the opportunity to visit the relatives' bodies, and the plaintiff was unable to worship, which seriously hurt his spirit. The defendant is at fault for the consequences of this damage and should be liable for compensation. The court was asked to order the defendant to compensate the two plaintiffs for mental comfort totaling 40 thousand yuan.
The defendant argued that the plaintiff's claim was inconsistent with the facts. According to the cremation register of our unit, a man named Wang was cremated in our unit on June 7, 2007. Wang is from Bayan County, Heilongjiang Province, and our unit did not cremate the plaintiff's father. In addition, when our unit was cremated, we checked the death certificate of "Wang" as required.
It was found through trial that Wang. After marriage, Wang and Wu Guixia have a son, plaintiff Wu Yiduo, and a female plaintiff Wu. After Wang and Wu Guixia divorced on 1988, the plaintiffs Wu Yiduo and Wu lived with their mother Wu Guixia.
In April 2007, Wang and Tang worked in a brick factory in Shijiang Village, Pinglidian Town, Laizhou City. On June 7 of the same year, Wang died and sent the defendant to be cremated. The defendant's cremation registration form States: registration number 5851; Relatives column: Name: Village Committee; Among the dead: Name: Wang. After cremation, Tang handled the school ashes storage procedures and deposited the school ashes with the defendant.
On June 5438+1October 65438+August 2009, Wu Guixia filed a complaint with Laizhou Public Security Bureau on the grounds that Wang was killed by others. On October 7th, 2065438+065438+/kloc-0, Laizhou Public Security Bureau ruled that there was no evidence to prove that Wu Guixia had committed a crime (20 12). Wu Guixia filed a reconsideration. 20 12 165438 Laizhou public security bureau made a reconsideration decision on122, and upheld the original judgment.
On July 8, 20 13, the plaintiff went to the defendant to inquire about the cremation of Wang's body, and the defendant issued a certificate for him, which read: "This is to certify that Comrade Wang's body was cremated in our hospital on June 7, 2007 +0 165438." Later, the plaintiff lied about going through the cancellation procedures of Wang's household registration, and the defendant issued it for Wu Guixia. He worked in a brick factory in Pinglidian Town, Laizhou City. The death certificate was issued by Shijiang Village Committee, and there was no stub. Because the death certificate of Laizhou was issued by CDC after July 20 10, and it was included in the formal management and preservation of funeral parlours, the death certificate of cremation before standardization will not be preserved for a long time. "20 13 1 1.4 The plaintiff believed that the defendant was at fault for failing to check the death certificate of the deceased when Wang's body was cremated, so the original trial informed our court.
During the trial, the plaintiff also provided the investigation records of Du Changcheng, Sun Changxi and Han, the workers who worked with Wang in the brick factory on 20 12 165438, and the witness testimony of Sun Changhong and Tang, claiming that Wang was beaten by workers at work, which led to Wang's death because he could not be treated in time. The plaintiff also provided the investigation record of Zheng, a doctor in the health center of Pinglidian Town, Laizhou City, claiming that Wang went to the hospital on June 5438+065438+1October 30, 2007 due to injuries. At the same time, the plaintiff provided the investigation records of Li Shengkun and Hong Gang on September 4, 201/KLOC-0, claiming that Wang was sparked. The defendant was unclear about the above-mentioned evidence provided by the plaintiff, and believed that the witness testimony and investigation record provided by the plaintiff should be questioned in court.
In view of the cremation process of Wang Wen's school, at the plaintiff's application, our hospital obtained the inquiry record of the criminal police brigade of Laizhou Public Security Bureau. Among them, Tang stated in the inquiry record on September 2, 20 12 that after Wang's death, he found a small notebook with five or six telephone numbers on it, so I dialed them one by one, some were connected, and some were not. After the connection, I asked them about their relationship with Wang, and they said they didn't know Wang. After Wang Wen's death, I asked Hong Gang to ask the police how to deal with this situation. Hong Gang told me that the people at the police station said that if they died of illness, they should handle it themselves. Hong Gang led me to the crematorium to inquire again. The crematorium said that the deceased's current work unit has a certificate to spark. I went back to the brick factory and found a cremation certificate saying that Wang died of a cerebral hemorrhage. Chen Xiliang wrote a cremation certificate and stamped the official seal of the brick factory. I took the cremation certificate, and the workers of the brick factory, Wu and Liu Jinhai, sent Wang's body to the crematorium for cremation. After cremation, the ashes are stored. Chen Xiliang, who contracted the brick factory, said in the inquiry record of the public security organ that I contracted the Shijiangcun Brick Factory in Pinglidian Town, Laizhou City from June 5438+1 October/KLOC-0 to the end of 2007. During my contract, the business license of the brick factory was revoked, but I kept the official seal of the brick factory for myself. One day in 2007, Tang, the foreman of Northeast China, came to me and said that he could not talk after drinking outside the school. He said that the hospital was examining cerebral hemorrhage and needed to arrange a nurse to take care of it, so that I could record the work for the nurse. Only then did I know that Wang Wen was lying down because of drinking. A few days later, I heard from Don that he was dead. After the death of the king, Tang came to me again and said that the Wangs couldn't find it, and began to want to transport the body back to their hometown. But then I heard that the journey was too far, so I didn't want to go, so I had to be cremated in Laizhou, but I needed proof. Tang brought me a medical record written by the hospital and let me have a look. I read it said that Wang Wen's school was due to alcoholism.