After four years of marathon hearings, a district court in
northeast China's Liaoning
Province recently ruled that former soccer player Qu Leheng
should receive compensation amounting to 2.6 million yuan
(US$320,000) from his former teammate for damages sustained as a
result of a car accident.
Qu, now 27, was an ace defender for the Liaoning soccer club
until April 26, 2000, when a traffic accident ended his promising
career. He was riding in a car driven by his teammate Zhang Yuning,
a forward, after they had dinner in a restaurant.
The car veered off the road and crashed into a tree. Zhang was
injured in the accident and afterward pressured to leave the
Liaoning club, but he soon recovered and continued his soccer
career as a forward for the Shanghai Shenhua soccer club after a
record transfer fee of 12 million yuan (US$1.4 million). His
outstanding performance even earned him a place on the Chinese
national team as a striker.
A different story
For Qu, however, it was a totally different story.
He has been a paraplegic and wheelchair-bound ever since the
accident. Obviously, his career was over, and he had to pay
mounting bills for medical care and rehabilitation. He and his
family finally announced at a press conference in March 2001 that
Zhang had maliciously masterminded the accident in collaboration
with gangsters.
In October 2001, the Beijing Huayi Law Firm sought private
prosecution on behalf of Qu at the Dongling District People's Court
of Shenyang, alleging Zhang's criminal liability. The court denied
the case for insufficient evidence.
Mediation efforts ensued but the two families could not agree on
the terms of compensation. As Qu was certified as having suffered a
first-degree injury and disability in 2003, his family lodged civil
litigation against Zhang, asking for 5.7 million yuan (US$691,500)
in compensation--far more than the 700,000 yuan (US$84,300) that
Zhang's family was willing to pay.
On March 8 this year, the Dongling District People's Court of
Shenyang ordered Zhang Yuning to pay 2.6 million yuan (US$320,000)
to Qu Leheng.
The amount covers 13 items, including medical treatment,
nursing, accommodation, transportation, disability necessities,
nutrition and lost wages. Damages also included mental trauma, for
which 700,000 yuan (US$84,300) was ordered to be paid.
Both the amount of compensation and the payout for mental trauma
are firsts in tort cases in the country, notes Hu Anchao, Qu's
attorney.
Han Baoliang, chief judge in the case and deputy president of
the Dongling District People's Court, says, "The whole process of
court hearings has fully exemplified the principle of fairness of
the Civil Code. Our verdict is fair and square."
As to the unprecedented 700,000-yuan compensation for emotional
trauma, Han says it is in line with the judicial interpretation
issued on March 9, 2001, by the Supreme People's Court, which
states that mental anguish inflicted in tort cases shall be
adequately compensated.
"Although no detailed amounts are given in the interpretation,
it states that compensation should be meted out in light of the
responsibility of the tortious person and his ability to provide
economic compensation, as well as the economic situation in the
place where the case takes place. For the car accident, Zhang
Yuning is fully liable. The sum of money is within his ability. If
the defendant were a farmer, we would not have given such a
verdict, which has taken into full consideration Zhang's economic
capability," Han explains.
Lost wages
Zhang's lawyer queried the amount of lost wages in the
compensation package, which amounts to 567,000 yuan (US$68,300).
Han said it is based on the General Principles of the Civil Code of
the People's Republic of China. "Professional soccer playing is
only a short period in one's life. Qu Leheng's soccer career was
forced to end as a result of fault on Zhang Yuning's part. Zhang's
lawyer argues that regulations for traffic accidents should be
applied in the calculation of lost wages. This is not fair, because
the regulation was issued back in 1991, and some of the terms it
contains contradict the Civil Code. Therefore, the latter should
take precedence in application."
The verdict and award have kindled strong debate in legal
circles.
"If I were the judge, I would've done the same," says Li
Xiandong, professor of civil law at China University of Political
Science and Law. "As big as the sum is, the compensation is quite
fair."
According to Li, the principle in civil compensation is to
restore the state before the mishap. But mental and physical harm
done to Qu cannot be repaired; therefore, compensation is called
for to improve his economic situation so as to alleviate his pain.
"The verdict will be an example for tort cases and will have a
great impact on the future definition of mental trauma," he
predicts.
Song Jianhua, a senior lawyer with the Huajian Law Firm in
Liaoning, regards the verdict as "a historic breakthrough," adding
"the amount of compensation is not high given the special
circumstances of the two sides."
However, not all agree with the court ruling. Wang Peng, a
member of the Law Society of Liaoning Province, believes the
compensation for mental trauma far exceeds the normal ceiling in
the region.
"The verdict would not have been the same if Zhang Yuning were a
farmer, which implies differentiation in legal application to the
poor and the rich. But in China, every one is supposed to be equal
before the law. From this perspective, the verdict is not very
fair," he argues.
Neither defendant nor plaintiff has commented in public since
the court decision, although both sides are believed to be
dissatisfied.
Qu had expected the compensation to "at least sustain the
expenses for rehabilitation treatment" for the rest of his life
since he's lost the ability to work, saying the ruling fails to
meet some of his requirements. "I'm discussing with my lawyer the
next step to take," he says.
Zhang Zhiyi, father of Zhang Yuning, says the family's stance
remains what it was at the beginning.
"We would surely pay him. But it should be reasonable and
legitimate. I don't think the law allows differentiating judgment
just because Zhang Yuning and Qu Leheng are soccer players," he
insists.
Ending the hostile entanglement
For former teammates who have witnessed the two friends turning
into foes, the most important thing is to put an end to the hostile
entanglement that has dragged on for four years.
"It would be the best ending if both parties are satisfied,"
says one player who doesn't want to be named.
In the cyber world, some of Zhang's fans imply that Qu is
jealous of his former teammate's career so he will not leave Zhang
alone. Others resent the reality that Chinese soccer players,
although ranking poorly in the world, earn an income 130 times that
of an average Chinese.
"This [lawsuit] is not an issue of blackmailing the rich, it's
about compensation. Wealth means not only power, but also
obligation. After all, any compensation, however mammoth the sum,
can no longer bring back a running young man," observes a netizen
using the name Feiying, or Flying Eagle.
He adds that to Qu, the money is not a victory but compensation,
whereas to Zhang Yuning it will be a relief instead of failure.
Feiying holds that the tort case has strong implications for both
the legal protection of athletes and the ongoing legal
restructuring in China.
Qu and Zhang can file their appeals within 15 days of the court
ruling.
According to a report in Chinese Business View, Qu is preparing
for the appeal.
"I won't feel relieved," said Qu. "For me, the trauma can never
heal."
(China Daily March 17, 2004)