错换人生28年 警方决定不予立案
- 2021-04-22 13:56:28
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- 作者:秘书处Secretary's Office
4月21日,河南警方通报对“错换人生28年”事件中的“换子涉嫌刑事犯罪”的警情决定不予立案。
On April 21, Henan police announced that the police decided not to file a case of "changing son is suspected of criminal offence" in the "wrong 28 years of life" incident.
21日中午,姚策生母杜新枝对此表示,这件事终于有了一个答案,感谢相关部门寻找真相,这个消息对姚策也算是一种告慰。
At noon on the 21st, Du Xinzhi, Yao CE's mother, said that there was finally an answer to this matter. She was grateful to the relevant departments for seeking the truth. The news was also a kind of comfort to Yao CE.
“楷楷(姚策儿子)长得非常像姚策,姚策生前让我重新把楷楷当成儿子抚养,所以我重任在肩,还要坚强。”姚策妻子熊磊说,认可遵从法律根据客观事实得出的结论,“网络暴力已经严重影响到我和孩子的人身安全。”一名知情人士也表示,熊磊孩子已经不敢去上幼儿园。
"Kaikai (Yao CE's son) looks very much like Yao CE. Yao CE asked me to raise Kaikai as my son again before he died, so I have to be strong and strong." Xiong Lei, Yao CE's wife, said she agreed with the conclusion drawn from objective facts that "cyber violence has seriously affected the personal safety of me and my children." A person familiar with the matter also said that Xiong Lei's children were afraid to go to kindergarten.
此前报道
Previously reported
河南大学回应错换人生28年质疑:存在床位号错误等问题
Henan University's response to the question of wrong 28 years of life: wrong bed number and other problems
“错换人生28年”事件发生以来,河南大学高度重视,成立专门工作组,开展相关调查工作。事件处理过程中,积极配合司法机关调查、审判,依法依规解决问题。
Since the "wrong 28 years of life" incident, Henan University has attached great importance to it and set up a special working group to carry out relevant investigation. In the process of handling the incident, we should actively cooperate with the judicial organs in the investigation and trial, and solve the problems according to law and regulations.
目前调查工作已告一段落,现将舆论关切的主要问题说明如下:
At present, the investigation has come to an end, and the following are the main issues of public concern.
1、关于婴儿标识问题。医院1992年使用统一配置的消毒抱被,抱被外系有对应产妇床号的圆牌,以此识别婴儿身份。
1. About baby identification. In 1992, the hospital used a uniform set of sterilized duvet, which was attached with a round plate corresponding to the bed number of the puerpera to identify the baby.
2、关于乙肝产妇隔离问题。根据1989年《中华人民共和国传染病防治法》及2004年、2013修订版,均未要求乙肝孕产妇及新生儿单独隔离。杜某枝在手术室剖腹产,许某在产房自然分娩,两人生产场所不同,也不住在同一病室。
2. On the isolation of hepatitis B pregnant women. According to the law of the people's Republic of China on the prevention and treatment of infectious diseases in 1989 and the revised versions in 2004 and 2013, it is not required that pregnant women and newborns with hepatitis B be isolated separately. Du had a caesarean section in the operating room and Xu had a natural delivery in the delivery room. The two had different places of delivery and did not live in the same ward.
3、关于婴儿护理问题。医院实行母婴分离管理,病房与产房为两套护理人员。婴儿出生后,称重、包裹,经产妇过目后,进入婴儿室集中管理。当时婴儿室三班值班,当班护士负责接生、新生儿洗澡、换被服及人工喂奶。婴儿每天洗澡一次,由两位护士负责,一位负责洗澡,一位负责包裹,洗完后由护理人员将婴儿送回婴儿室。
3. About baby care. The hospital implements the management of separation of mother and infant, and the ward and delivery room are two sets of nursing staff. After the baby is born, it is weighed and wrapped. After the parturient has a look, it enters the baby room for centralized management. At that time, there were three shifts on duty in the baby room, and the nurses on duty were responsible for delivering babies, bathing newborns, changing clothes and artificial feeding. The baby is bathed once a day by two nurses, one is responsible for bathing and the other is responsible for wrapping. After washing, the nurse will send the baby back to the nursery.
4、关于病历档案问题。临时治疗单根据病人需要开具;长期治疗单如未发生治疗变化,可延续执行,不需要每天开具。杜某枝病历材料页数与病案袋上记录的病案页总数相符。
4. About the problem of medical records. The temporary treatment sheet is issued according to the needs of the patients; if the long-term treatment sheet does not change, it can be continued and does not need to be issued every day. The number of pages of Du's medical record is consistent with the total number of pages recorded on the medical record bag.
但杜某枝病历中存在住院号、床位号错误、无首次病程记录、缺失乙肝表面抗原化验单等问题。手写病历中,杜某枝病历号原为155849,病历中出现的155489系笔误,医院无155489住院号;据工作人员回忆,病人入院时可能安排的是15床,后调整为16床,工作人员将15床号划掉后重新书写16床位号,患者的真实床位号为16;对于无杜某枝首次病程记录,调阅同时期病历,发现存在类似情况;对于杜某枝乙肝表面抗原检查化验单丢失问题,具体遗失原因因年代久远现已无法考证。
However, there are some problems in Du's medical record, such as wrong hospital number, wrong bed number, no first course record, missing HBsAg test sheet and so on. In the handwritten medical record, Du's record number was 155849, the 155489 Department clerical error appeared in the medical record, and the hospital had no 155489 hospitalization number. According to the staff recall, the patient may have arranged 15 beds when he was admitted to hospital, and then adjusted to 16 beds. The staff would cut out the 15 bed number and rewrite the 16 bed number. The real bed number of the patient was 16. It was found that there was a similar situation; for Du's HBsAg test sheet loss, the specific reason for the loss is too old to be verified.
5、关于赔付问题。依据开封市中级人民法院(2021)豫02民终238号、239号判决书,淮河医院在规定时限依法进行了赔付。
5. On the issue of compensation. According to the judgment No. 238 and 239 of yu02 Minzhong issued by Kaifeng intermediate people's Court (2021), Huaihe hospital made compensation in accordance with the law within the prescribed time limit.
6、关于医院职工身份职务问题。医院职工郭希志于1988年至1996年在妇产科工作,2008年12月退休。1992年,郭希志为妇产科办公护士,非护士长,不参与产房护理工作。“错换人生28年”事件发生以来,郭希志一直在积极配合各方调查。潘婷婷与郭希志系母女关系,为医院药学部办公室普通职工,未担任任何行政职务,其丈夫非医院职工。医院“张鹏”同名职工共有四人,其中与郭希志同发论文张鹏所在科室为核医学科,并非医院新闻发言人、医患办主任张鹏。
6. On the identity and position of hospital staff. Guo Xizhi, an employee of the hospital, worked in obstetrics and gynecology department from 1988 to 1996 and retired in December 2008. In 1992, Guo Xizhi was an office nurse in obstetrics and gynecology department. He was not a head nurse and did not participate in the nursing work in delivery room. Since the incident of "swapping 28 years of life by mistake", Guo Xizhi has been actively cooperating with all parties in the investigation. Pan Tingting and Guo Xizhi are mother daughter relations. They are ordinary staff members in the office of the Pharmaceutical Department of the hospital. They do not hold any administrative positions. Their husband is not a hospital staff member. There are four staff members with the same name of "Zhang Peng" in the hospital. Among them, Zhang Peng's department is nuclear medicine, not Zhang Peng, spokesman of the hospital and director of the doctor-patient office.
河南大学将以此为戒,开展以案促改教育活动,进一步加强管理,杜绝类似事件再次发生。此事件中涉及的有关人员如有违规违纪行为,一经查实,将严肃处理。
Henan University will take this as a warning, carry out educational activities to promote reform by cases, further strengthen management, and prevent similar incidents from happening again. Once verified, the relevant personnel involved in this incident will be dealt with seriously.
姚策生父母故意换子?警方通报“错换人生28年”事件:不予立案
Yao Qisheng's parents deliberately change their children? Police report on "wrong 28 years of life": no case
开封市公安局鼓楼分局官方微博21日凌晨通报称,针对“错换人生28年”事件当事人许某控告郭某宽、杜某枝夫妇等人涉嫌刑事犯罪问题,现将有关情况通报如下:
The official microblog of Gulou Branch of Kaifeng Public Security Bureau announced in the early morning of the 21st that Xu, the party involved in the "wrong 28 years of life" incident, accused Guo and Du of being suspected of criminal offenses
2021年3月15日,许某委托其表弟王某涛到开封市公安局鼓楼分局报案称:郭某宽、杜某枝夫妇及医护人员郑某、郭某志故意换子涉嫌刑事犯罪。同日,开封市公安局鼓楼分局依法受理该案件。
On March 15, 2021, Xu entrusted his cousin Wang Mou Tao to report to Gulou Branch of Kaifeng public security bureau that Guo Mou Kuan, Du Mou Zhi and his wife, as well as medical staff Zheng Mou and Guo Mou Zhi were suspected of changing their children on purpose. On the same day, Gulou Branch of Kaifeng Public Security Bureau accepted the case according to law.
接报案后,开封市公安局鼓楼分局及时成立调查组,对郭某宽、杜某枝等人是否涉嫌刑事犯罪进行调查核实。期间,调查组克服事件年代久远、相关线索匮乏、涉及当事人难以查找等困难,组织警力赴河南省驻马店市,重点调查了郭某宽、杜某枝夫妇养子郭某实际出生时间为1992年、户籍信息登记时间却为1995年的问题,经调取驻马店市驿城区卫健体委档案资料,证实郭某宽、杜某枝夫妇于1993年8月18日经原河南省驻马店地区计生委审批同意生育二胎,于1995年8月23日为郭某申报户口;组织警力赴河南省兰考县,重点调查了郭某宽与郭某志二人关系问题,经查询户籍信息、家族族谱、走访村干部及村民,证实该二人无亲属关系;组织警力询问河南大学淮河医院涉及医护人员、同期孕妇等相关人员,发现当时该医院在婴儿管理上,采取统一样式的襁褓,并在襁褓外捆扎统一样式的圆牌,仅以圆牌上注明的床号对新生儿加以区分,通过查询调取原始病历档案及妇产科管理规章制度,发现当时该院存在诊疗行为不规范及管理混乱的问题。另外,调查组还组织警力赴北京市、江西省九江市、河南省郑州市开展了调查取证。
After receiving the report, Gulou Branch of Kaifeng Public Security Bureau promptly established an investigation team to investigate and verify whether Guo and Du were suspected of criminal crimes. During the period, the investigation team overcame the difficulties of the long history, lack of relevant clues, and difficulties involved in finding the parties. The police force went to Zhumadian, Henan. The focus was on the actual birth date of Guo Moukuan and Du Mouzhi's son, Guo, who was born in 1992, and the registered residence information registration time was 1995. After obtaining the files of the Health Committee of the Zhumadian City, the Kuo Mou was confirmed. Kwan and Mrs. Du Mouzhi agreed to give birth to two children by the Family Planning Commission of Zhumadian, Henan Province on 18 August 1993. They registered residence for Guo in August 23, 1995. They organized the police to Lankao County, Henan Province, and focused on the relationship between Guo Moukuan and Guo Mouzhi. After querying family information, family genealogy, visiting village cadres and villagers, the two people were confirmed to be unrelated. The police asked the medical staff, pregnant women and other related personnel in Huaihe Hospital of Henan University, and found that the hospital adopted the uniform style of swaddling clothes in infant management at that time, and tied the uniform style of round plate outside the swaddling clothes. Only the bed number indicated on the round plate was used to distinguish the newborns. Through the inquiry of the original medical records and obstetrics and Gynecology management rules and regulations, it was found that the hospital at that time There are problems of nonstandard diagnosis and treatment behavior and management confusion. In addition, the investigation team also organized police to investigate and collect evidence in Beijing, Jiujiang City, Jiangxi Province and Zhengzhou City, Henan Province.
2021年4月7日,经开封市公安局鼓楼分局审查,认为不符合《中华人民共和国刑事诉讼法》第一百一十二条规定的立案条件,决定不予立案。2021年4月8日,开封市公安局鼓楼分局向控告人许某送达《不予立案通知书》,并将不立案理由通知许某,告知许某如有异议,可以申请复议,也可以向人民检察院申请对公安机关立案监督。
On April 7, 2021, after the examination of Gulou Branch of Kaifeng Public Security Bureau, it was found that it did not meet the filing conditions stipulated in Article 112 of the criminal procedure law of the people's Republic of China and decided not to file the case. On April 8, 2021, Gulou Branch of Kaifeng Public Security Bureau served a notice of not filing a case to Xu, the accuser, and informed Xu of the reasons for not filing a case. If Xu had any objection, he could apply for reconsideration, or he could apply to the people's Procuratorate for supervision of the public security organ filing a case.
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