Statement of Civil Claim

China Aid Association
To:  District People’s Court, Kashi City
By:  Qimiao Tong
Date: November 23, 2005
Plaintiff:  Qimiao Tong, male, aged 45, of Han nationality, owner of a private business
Address:  Group 5, Brigade 4, Xiamalebage Township, Kashi City, Xinjiang Autonomous Region
Zip:  844000
Telephone:  0998-2650562  2228476  2585360

Defendant:  Ruofei Wang, male, aged 32, of Han nationality, a native of Gansu, staff member of the State Bureau of Public Security, Kashi City, Xinjiang Autonomous Region
Zip:  844000
Address:  The State Bureau of Public Security, Keziduwei Road, Kashi City, Xinjiang Autonomous Region
Zip:  844000
Telephone:  0998-2685277

Cause of Action: Damages for violation of rights (demanding compensation for bodily injuries)
Statement of the lawsuit:
1.  That the court sentence the defendant to pay the plaintiff the damages he has suffered in the amount of 24,436.46 yuan, which includes the medical bills, wages lost, transportation fees for seeking medical help, hospitalization expenses, subsidy for food during hospitalization, funds for necessary nutrition, money necessary for continued treatment necessary for recovery, fees for nursing care, and for follow-up treatments.  (For details, see the attached list of losses)
2.  That the court sentence the defendant to pay the plaintiff a consolation fee of 5,000.00 yuan for emotional damages.

Facts and reasons:
On September 28, 2005, the plaintiff received a phone call from the State Bureau of Public Security, of Kashi Branch, where the defendant worked.  The plaintiff was required to appear that same day at the defendant’s work unit to verify certain issues.  The plaintiff arrived on time at the defendant’s office.  During the conversation between the defendant and the plaintiff, the defendant’s improper attitude to the plaintiff resulted in an altercation.  The defendant, too enraged to control himself, suddenly raised his foot and kicked the plaintiff on the ribs in the chest.  Afterwards, the plaintiff felt an intense pain in his ribs, and sought treatments at Kashi Zhonghua Hospital and Kashi Second People’s Hospital respectively.  The hospitals diagnosed that the plaintiff suffered rib fracture (See the attached hospitals’ certificates of diagnosis).  For this injury the plaintiff was hospitalized for treatment, having paid up front 29,436.46 yuan for medicine and other related fees.  (See the attached list of losses)

In this case, the defendant rudely inflicted bodily injury to the plaintiff, resulting in the plaintiff’s ribs being fractured.  The defendant’s action mentioned above has doubtlessly violated the plaintiff’s right to health in life.  At the same time, the defendant’s act of violation of rights has caused emotional damage to the plaintiff.  Pursuant to Article 106 of The Civil Codes of the People’s Republic of China and Article 18 of The Supreme People’s Court’s Explanations on A Number of Questions of Applicable Laws on Handling Cases Involving Bodily Injuries, the defendant, being at fault, violated the plaintiff’s right of personal safety and should be held responsible for the civil liabilities.  For this reason, the plaintiff has time and again requested that the defendant bear all the costs of his violation of rights, but all the requests have been rejected by the defendant.
Accordingly, pursuant to Article 108 of Codes of Civil Lawsuits of the People’s Republic of China, the plaintiff hereby files this suit at your court and ask for a fair judgment—to ensure that the citizens’ legitimate rights be protected from unlawful actions, so as to promote the goal of the law of punishing the evil and rewarding the benevolent, and to safeguard the justice of rule by law.
1.  A copy of the Statement of Civil Claim
2.  Evidence:
1)  hospitals’ certificates of diagnosis
2)  Copy of the plaintiff’s identification card
3)  Invoices and receipts of all the expenses (list of losses)
4)  Statements of the Witnesses

List of Fees
Medical bills:                4,663.46 yuan
Food:                           30 x 15 = 450 yuan
Nursing Care:               50 x 15 = 750 yuan
Transportation: 270 yuan
Nutrition:                      150 yuan
Lost wages:                  210 x 45 = 9,450 yuan

Other losses (all sorts of expenses occurring at the stores and factory facilities):  8,703 yuan
Grand Total:  24,436.46 yuan.

China Aid Contacts
Rachel Ritchie, English Media Director
Cell: (432) 553-1080 | Office: 1+ (888) 889-7757 | Other: (432) 689-6985
Email: [email protected] 

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