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Full-Term Abortion Lawsuit a First for China
Caijing Magazine ^ | 07.25.07 | Duan Hongqing

Posted on 07/27/2007 10:09:34 AM PDT by Dr. Marten

Full-Term Abortion Lawsuit a First for China
 
[An appeals court has agreed to hear the case of Jin Yani who, with her husband, is suing family planning officials for an abortion seven years ago tied to China’s family-planning policies.]

By staff reporter Duan Hongqing 

As a result of a controversial abortion, Jin Yani can no longer bear children. She was nine months pregnant when officials from the local department of China’s State Population and Family Planning Commission came to her home to force an immediate termination of her pregnancy which, she says, was against her will.  

Now, seven years later, Jin and her farmer husband Yang Zhongchen have won attention from Chinese courts. Their case marks the first time that China’s judiciary has accepted the appeal of a family planning lawsuit.  

In spring 2000, Jin and Yang welcomed the opportunity to become parents. But when Jin became pregnant, the couple did not have the appropriate birth license issued by the government for each legal birth, and the local Changli Family Planning Clinic in Hebei Province executed a last-minute, partial-birth abortion. After the procedure left Jin, then 20, unable to bear children, the couple spent seven years exhausting their resources at every level of the judicial system to tell their story and seek reparations. 

The Changli District Court agreed to hear Jin and Yang’s complaint against the Changli Population and Family Planning Department early this year, but ruled against the case in May. The couple has now appealed to the Qinhuangdao Intermediate Court, which has yet to announce a verdict. 

Jin and Yang are seeking 290,000 yuan in compensation for medical expenses and 1 million yuan for psychological distress. They’re also seeking compensation for Jin’s disability. 

“According to our understanding of the circumstances, I think this is the first instance of a planned pregnancy lawsuit admitted to the Chinese judicial system,” Sun Maohang, the couple’s Beijing lawyer, told a Caijing reporter. 

“No matter what the outcome, the ability of this kind of case to enter the judicial system, the acceptance into the legal realm, is already progress,” he said. 

{snip}



TOPICS: Crime/Corruption; Foreign Affairs; News/Current Events
KEYWORDS: abortion; china; forcedabortion; law
The Horse's Mouth
1 posted on 07/27/2007 10:09:43 AM PDT by Dr. Marten
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To: InShanghai; HighRoadToChina; maui_hawaii; srm913; Free the USA; rightwing2; borghead; ChaseR; ...

China Ping!


2 posted on 07/27/2007 10:10:46 AM PDT by Dr. Marten (http://thehorsesmouth.blog-city.com)
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To: Dr. Marten

News of the strange: Chinese officials show glimmer of appreciation for life.

Now if we can only get Pat Robertson to put his convictions over his investments...


3 posted on 07/27/2007 10:14:40 AM PDT by farmer18th
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To: Dr. Marten
Jin and Yang are seeking 290,000 yuan in compensation for medical expenses and 1 million yuan for psychological distress.

1.29M yuan is about $170,000

4 posted on 07/27/2007 10:27:05 AM PDT by Teacher317
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To: farmer18th

I’d rather just get rid of Pat Robertson altogether.

He’s a Christian version of a muslim extremist, imo. (I’m sure I’ll get flamed for that comment)


5 posted on 07/27/2007 10:28:23 AM PDT by Dr. Marten (http://thehorsesmouth.blog-city.com)
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To: Teacher317

Compare this to a certain 60 million dollar pair of pants. O_o


6 posted on 07/27/2007 10:39:06 AM PDT by Constantine XIII
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To: Dr. Marten
I’d rather just get rid of Pat Robertson altogether.

Flame on! Pat doesn't call for killing unbelievers as do Mulim extremists. He just warns of the judgement to come.

7 posted on 07/27/2007 10:40:57 AM PDT by sr4402
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To: Dr. Marten

Besides, this is about a Chinese Abortion lawsuit. Can’t you stay on the subject?


8 posted on 07/27/2007 10:41:56 AM PDT by sr4402
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To: sr4402

“Besides, this is about a Chinese Abortion lawsuit. Can’t you stay on the subject?”

If you don’t like what I have to say, don’t read it. You’re the one who brought up Pat Robertson and is “convictions”, that makes it fair game.


9 posted on 07/27/2007 10:45:31 AM PDT by Dr. Marten (http://thehorsesmouth.blog-city.com)
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To: sr4402

Sorry, I meant to say “he” mentioned pat robertson.


10 posted on 07/27/2007 10:47:25 AM PDT by Dr. Marten (http://thehorsesmouth.blog-city.com)
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To: Dr. Marten

This is the end-game for pro-”choice”.


11 posted on 07/27/2007 10:47:34 AM PDT by Lorianne
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