Opening remarks

We have reviewed the legal business case files for the year 2023 and selected six with social significance. We would like to share them with you all. Please stay tuned.

Trial of Conscience

Case Introduction

Dai is in her fifties and has been widowed for many years. Cao Jia is a civil servant who has always held a leadership position and has a relatively high income. Before the end of 2016, Cao Jia was divorced and single. He was very busy with work. His daily life was always taken care of by his younger brother Cao Yi. A large part of Cao Jia's salary and other income were placed with Cao Yi. Cao Jia's family was also aware of this situation. Cao Yi was a laid-off worker from a factory in Jiaozuo City. For many years, he made a living by doing odd jobs and his income was very low. At the end of 2016, Cao Jia and Dai were introduced to live together and had a very good relationship. However, they never got married. Cao Jia fell ill in 2018 and was diagnosed with rectal cancer in June 2019. In addition, Cao Jia had diabetes for many years and later suffered from rectal cancer, jaundice and hypoproteinemia. It was not until July 2021 that Cao Jia passed away while on the job. For over three years, Cao Jia has been repeatedly treated and hospitalized in several hospitals in Zhengzhou and Jiaozuo more than ten times. It was always Dai who was by his side, taking care of his daily life, running around to consult and see a doctor, accompanying him in the hospital, consulting with doctors to understand the progress of his condition and treatment plans, and communicating with Cao Jia's other relatives about the progress of his illness. Her care was extremely thorough.

On January 14, 2020, Cao Yi made a transfer of 270,000 yuan to Dai. There is a transfer record. In fact, Cao Jia gave Dai the money he had kept at Cao Yi's place to her for her to buy a house. However, at that time, Dai had a good relationship with Cao Jia's family and no evidence of the gift was left. After Cao Jia passed away while on the job in July 2021, Dai and Cao Jia's family had some conflicts over the handling of the funeral and the distribution of the estate, and there has already been a lawsuit. In February 2023, Cao Yi filed a lawsuit for unjust enrichment against Dai as the defendant in the Jiefang District Court, claiming that the 270,000 yuan transferred by Cao Yi to Dai on January 14, 2020, was Cao Yi's own money and that Dai should return this money to Cao Yi as unjust enrichment.

After obtaining Cao Yi's complaint, Chen Deguang, a lawyer from Jinyan Law Firm, analyzed the case and retrieved a lot of peripheral evidence, including a series of evidence about Cao Jia's working conditions and a series of evidence that Dai had been taking good care of Cao Jia from his illness until his death. However, this was only indirect evidence and could not directly prove that the 270,000 yuan was a gift from Cao Jia to Dai. During the process of communicating the case with Dai, Lawyer Chen Deguang said that because Cao Jia not only had a high income and a high position during his lifetime, but also was reasonable and had great prestige in the Cao family. I asked Lady Dai to wrap up Cao Jia's portrait and bring it to the court during the trial. Coincidentally, on that day of the trial, Cao Yi's father attended the trial as an observation for some reason, perhaps also to understand the progress of the case. When the trial atmosphere reached a certain level, with the judge's permission, I asked Dai to stand up and show Cao Jia's portrait, so that Cao Yi could be questioned by Dai in front of Cao Jia's portrait in court. Although Cao Yi still insisted on his demands, his attitude was obviously softened. It was only said that Cao Jia had some money in his deposit but very little. The judge inquired about a series of income situations of Cao Yi and confirmed that his income was very low. As Cao Yi's father appeared in court at the last moment, due to procedural issues, our side could not directly inquire. However, after explaining the identity relationship, the judge questioned Cao Yi's father on the spot. Cao Yi's father told the truth in court, confirming that Cao Jia had a high income and had deposited several hundred thousand yuan with Cao Yi before his death. Later, in the judgment, the judge made a series of arguments based on his daily life experience and ruled that the gift relationship in this case was established. After the first instance judgment, the other party did not appeal, and the first instance judgment came into effect.

From the process of handling this case, Lawyer Chen Deguang realized that even in the absence of direct evidence and when our evidence was unfavorable, we should firmly believe that facts are facts, demonstrate our strong determination and willpower, and do everything possible to seize the opportunity to conduct a "conscience trial" against the other party, which would achieve good results.

Case Analysis

From the process of handling this case, Lawyer Chen Deguang realized that even in the absence of direct evidence and when our evidence was unfavorable, we should firmly believe that facts are facts, demonstrate our strong determination and willpower, and do everything possible to seize the opportunity to conduct a "conscience trial" against the other party, which would achieve good results.

Introduction to lawyers

Lawyer Chen Deguang is a practicing lawyer at Jinyan Law Firm. With a solid theoretical foundation in law and long-term judicial practice experience, he/she has a stable, efficient, meticulous and rigorous case-handling style, and has accumulated rich case-handling experience and skills, which have been highly praised by clients. Motto: "Pursue the maximization of the legitimate rights and interests of the parties involved."

Proficient in criminal cases, commercial and economic cases, non-litigation legal services, real estate, and corporate affairs.

Contact Information

Telephone: 13803919916

Email: Cdg668@163.com