Civil pleading

The respondent:The kingXX, male,XXXYearsXMonthXXHan was born,Soldiers

By the respondent:WuX

Being aPeople argue: WuX

According to the prosecution defense by the respondent:

In this case2010Years3Month14Day, compensation for personal injury. "The people's Republic of China in accordance with the general principles of the civil law" the relevant provisions, the personal injury litigation request compensation for1Years, the limitation of action since the party knew or should have known that right is infringed date, that the rights of manRequest, action or obligations agreed interrupt performing their duties. In this case the spot to be aPeople argueTo alarm.3Month22Day, Hunan Furong judicial identification center to make against Wu Chunxia for schizophrenia, forensic psychiatric expertise when committing a crime without capacity of criminal responsibility. According to China's "criminal law" article18"The mental patient harm results in time when he is unable to recognize or control his own conduct, upon verification and confirmation through legal procedure, he shall not bear criminal responsibility." And "Criminal Procedure Law" article130"In the course of the investigation, found that a crime suspect should not be investigated for criminal responsibility, it shall revoke the case." Regulations, the public security organ case. According to "the Supreme People's court" about some problems of the application of limitation in civil proceedings system trial fifteenth provisions specified in the second paragraph: the public security organs, people's Procuratorate, the people's court decided not to file the case, not to prosecute, the period of limitation of action from the right person knows or should know that not filing, revoke the case or not to prosecute the day recalculation. This case is the respondent to the tort, damage compensation, and the public security organs to withdraw the case are very clear, there is no violation of the rights of the know. In this caseBy the respondent to prosecuteDay2012Years4Month6Day, regardless of the distance the or the public security organs withdrawing all have more than two years, far exceeding the limitation of action.

The respondentDon't agree to perform the obligation of compensation, but also based on the following reasons: the case against Wu Chunxia before, had been diagnosed as: schizophrenia, there have been more than half year history of mental disorders, and is extremely unstable. The people and is aPeople argueLive together, have no reason not to know, the infringer has also repeatedly expressed on the victim's hostility, this also is aPeople argueUnderstanding.2010Years3Month14Day, the morning, everyone is sleeping, the respondent is no exception. Against the people enter is aPeople argueThe room will be children taken away, and be aPeople argueThe child neglect of care has a direct relationship, in the knowledge that the infringer may infringe upon the child's circumstances, not closed against the night, let people freely room, was aPeople argueThere are major fault. According to the law of our tort liability principle provisions, be aPeople argueShould bear the legal consequences.

Comprehensive above,According to the "general rules of the civil law" about the limitation of actionAnd the right infringement responsibilityThe provisions of,The respondent requests your court rejected by the respondent's claim.

Yours sincerely

YouxianThe people's court

The respondentKingXX

Agent: Liu Xiaoping

                               Two, one or two May 13th