In the judgment of a case involving the death of a teenage girl, a Beijing court sympathized with the sufferings of the victim's family. The girl was killed by a bus conductor.
It was the first time such sympathy had been expressed. Normally, judgments are delivered in a matter-of-fact way and in neutral terms. The judgment caused widespread concern and some controversy.
In the opinion of this writer, this change is of great significance. It is a breakthrough from the long-standing mistaken concept about the law and heralds a return to the correct understanding of the essence of the law.
On October 4, 2005, Yan, a 74-year-old university professor and his wife and 14-year-old daughter had a quarrel with a conductor in a Beijing bus. The conductor attacked the girl and she fell unconscious. The girl died in hospital the next day.
In May last year the Haidian court heard the case and sentenced the conductor to death with a two-year reprieve and ordered the bus company to pay the victim's family 100,000 yuan ($13,158) in compensation for "psychological suffering". Professor Yan lodged an appeal for more compensation, accusing the bus driver and another conductor of refusing to take the girl to a hospital and driving away leaving the Yans behind.
The Beijing No 1 Intermediate People Court gave the final judgment last week, changing the compensation to 300,000 yuan ($39,474). In a statement explaining the increase, the court said: "The Yans saw their daughter being killed; they witnessed the whole process of their daughter's death. What agony it must have been to watch a life withering in an instant, the life of a loved one."
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