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China Health & Science

Applying China’s New Civil Code, Shanghai Court Annuls Marriage after Husband Hides HIV-positive Status from Wife

The court case triggered discussions on the need for premarital health checks.

Manya Koetse

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Jiang is HIV-positive but did not mention his status to his partner before getting married. Under China’s new civil code, the marriage is now annulled.

On January 4, a Shanghai court applied the new rules of China’s Civil Code for the first time to annul a marriage.

The Civil Code of the People’s Republic of China was adopted by the third session of the 13th National People’s Congress in May of last year and is effective since January 1st 2021. Some experts within China call the law a “milestone legislation” that will better protect people’s civil rights.

On Monday, January 4, a landmark court case in which the new civil code was applied for the first time in Shanghai went trending on Chinese social media.

The case involves a married couple of which the husband had failed to inform his wife that he was HIV positive before getting married.

In June of 2020, Mr. Jiang and Ms. Li got married after Li became pregnant. Afterward, Jiang confessed that he had been HIV-positive for multiple years, and was taking medication to control his disease.

Jiang alleged that, due to his medication, there was effectively no risk of transmitting HIV to his partner. But Li, who did not contract HIV, could not accept the situation and decided to terminate her pregnancy and applied for a marriage annulment.

Under the new civil code, annulment of marriage is possible when a partner who is “seriously ill” – which now includes HIV/AIDS – fails to inform their fiance of their condition before getting married.

Since Jiang had not informed his wife of his condition before tying the knot, the Shanghai Minhang Court ruled in Li’s favor and annulled the marriage.

On Weibo, the case has attracted a lot of attention, with one hashtag about the case (#男方婚前患艾滋未告知婚姻关系被撤销#) attracting 690 million views on Monday.

The news item also led to another hashtag gaining many views: “The Need for Premarital Medical Examination” (#婚前体检的必要性#) had 200 million views on its hashtag page on Monday.

One popular relationship blogger (@感情感分析异地恋) argues that the Shanghai court case shows the importance of couples getting a medical examination before getting married: “It’s not to discriminate against those who are HIV positive or who are suffering from other illnesses, but it’s about informing your partner about these things before getting married.”

Premarital health checks were previously compulsory in China, but these examinations are no longer required since 2003. Many couples do still go for premarital health checkups. According to Xinhua, over 61% of Chinese couples had a medical examination before getting married in 2018.

Although the application of China’s new civil code is generally praised by Weibo users in this case, it has previously also received a lot of negative attention. The new law also introduced a mandatory 30-day “cooling off” period for couples seeking divorce.

This “cooling off” period is seen as harmful to those who are suffering abuse within marriage and already have difficulties in leaving their abusive partner. The case of Lamu, a Tibetan vlogger who died after her husband set her on fire, also led to more online discussions of the “cooling off” period and how it makes women more vulnerable within their marriage.

By Manya Koetse

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©2021 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

Manya is the founder and editor-in-chief of What's on Weibo, offering independent analysis of social trends, online media, and digital culture in China for over a decade. Subscribe to gain access to content, including the Weibo Watch newsletter, which provides deeper insights into the China trends that matter. More about Manya at manyakoetse.com or follow on X.

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China Health & Science

Stolen Bodies, Censored Headlines: Shanxi Aorui’s Human Bone Scandal

A Chinese company illegally acquired thousands of corpses to produce bone graft materials sold to hospitals—a major scandal now being tightly controlled on social media.

Manya Koetse

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On Thursday night, August 8, while most trending topic lists on Weibo were all about the Olympics, a new and remarkable topic suddenly rose to the number one, namely that about the “Illegal Human Bone Case.” Just moments later, however, the topic had already disappeared from the Weibo hot search list.

An article about the topic by Chinese media outlet The Paper (澎湃)1 that had just been published hours earlier on August 8 had already been taken offline. Later, an article published on The Observer (观察)2 was also redirected. Another article published on the website of Caixin and state broadcaster CCTV similarly disappeared, 3 along with many other headlines.4

However, at the time of writing, there are some articles on the issue, such as by Sina News or Phoenix News, that remained accessible.

The story centers on Shanxi Aorui Bio-Materials Co., Ltd. (山西奥瑞生物材料有限公司), also known as Shanxi Osteorad in English, a company founded in 1999 that specializes in the production and supply of bone graft products.

On August 7, a prominent Chinese lawyer named Yi Shenghua (易胜华), who has a large following on Weibo, exposed details of Shanxi Aorui’s involvement in illegal and unethical practices surrounding the purchase of human bones. The company engaged in these practices for over eight years, from January 2015 to June 2023, generating an income of 380 million yuan ($53 million) from these activities.

These details had previously been disclosed by the Taiyuan Public Security Bureau in May of this year. The case has allegedly been transferred to the Taiyuan Procuratorate for review and potential prosecution, but it has yet to be concluded due to its complexity, involving some 75 suspects.

Over the years, Shanxi Aorui illegally acquired thousands of human remains, reportedly forging body donation registration forms and other documents to illegally purchase bodies from hospitals, funeral homes, and crematoriums from various places, from Sichuan Guangxi, Shandong, and other places. These human remains were then used to produce allogeneic bone implant materials, primarily sold to hospitals.

Due to the high demand for bone implant materials and limited supply, it is an incredibly lucrative industry. Some reports claim that those selling the human remains to Shanxi Aorui could charge between 10,000 and 22,000 yuan per corpse ($1400-$3000).

“I’ve been a criminal lawyer for many years, and have handled all kinds of cases, but this is the first time for me to be so shocked and angry,” Yi Shenghua wrote in his post (screenshot available via RFA.org).”What makes me particularly lose hope is that the maximum punishment for these kinds of people under the current law is only three years.”

However, Yi Shenghua’s Weibo post about the issue was later blocked from public view. “I can still see my own post, but apparently, others cannot,” Yi wrote at 17:35 on Thursday.

On August 9, China’s major pharmaceutical company Sinopharm issued a statement in light of the controversy surrounding the human bone case, stating it has never had any kind of relationship with the Shanxi Aorui company.

On Friday, the news topic on Chinese social media was tightly controlled. Various media outlets, from Weibo to Douyin, reported on the issue, but despite the public’s interest in the scandal, not a single comment could be seen under multiple threads.

‘Even Douyin blocked the Shanxi Aorui incident. Is this the government stepping in?’ one commenter wondered.

‘Why are they suppressing this hot search topic? Do they think the public is stupid?’ another person wrote.

One individual implicated in this case is Li Baoxing (李宝兴, born 1955), who was General Manager at Shanxi Aorui. Li is a renowned research professor who was reportedly awarded the title of National Model Worker in 2005. He was formerly affiliated with the Institute of Biomaterials Science and Technology at the Chinese Academy of Sciences, where he developed bone implant materials that benefited thousands of patients across the country. He allegedly joined the Communist Party in 1985.

Some commenters called the entire scandal a “horror film,” with Li Baoxing being the director.

“We know about 4000 [human remains], what about those we don’t know about?”

“These so-called ‘human remains’ were once people like you and me,” another Weibo user wrote: “They were alive, their voices and smile are still in the hearts of family and friends. They liked to be clean, they had their privacy, they are still being missed. We can’t replace ourselves or our loved ones, [yet] they were used and peeled layer by layer.”

By Manya Koetse

1 Title: “探访涉盗卖数千具人体骨骼的山西奥瑞公司,此前已被公安查封” (“Investigation into Shanxi Aorui Bio, involved in the illegal sale of thousands of human bones, which had previously been seized by police”). Original link: https://www.thepaper.cn/newsDetail_forward_28348324

2 Title: “涉嫌非法盗卖数千具遗体用于制作植入材料,山西奥瑞生物八年营收3.8亿” (“Suspected of illegally stealing and selling thousands of human remains for use in making implant materials, Shanxi Aorui Bio made an eight-year revenue of 380 million yuan”). Original link: https://www.guancha.cn/GongSi/2024_08_08_744234.shtml

3 CCTV’s publication is the same as the article published by The Paper, namely: “探访涉盗卖数千具人体骨骼的山西奥瑞公司,此前已被公安查封” (“Investigation into Shanxi Aorui Bio, involved in the illegal sale of thousands of human bones, which had previously been seized by police”). Original link: https://news.cctv.com/2024/08/08/ARTIkxoJEQuHmvTxmxGVmDug240808.shtml. Caixin’s publication was titled “75人卷入山西盗窃倒卖遗体案 多地民政局称已跟进调查” (75 people involved in the theft and sale of human remains in Shanxi, investigations underway by various civil affairs bureaus).

4 For example, by Sina News: “起底倒卖4000具尸体操控者李宝兴- 曾获“全国劳模”称号” (“Li Baoxing, the manipulator who speculated in 4,000 corpses, was awarded the title of “national labor model”). Original link: https://finance.sina.com.cn/chanjing/gsnews/2024-08-08/doc-inchxqva1690315.shtml?cre=sinapc&mod=g.

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©2024 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

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China Food & Drinks

Chinese Woman with Heartbreak Passes Away after Drinking Bottle of Baijiu

Three friends are held partially responsible for not intervening when the woman consumed 500ml of baijiu.

Manya Koetse

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An incident that happened on the night of May 21, 2023, has become a trending topic on Chinese social media today after a local court examined the case.

A woman named ‘Xiao Qiu’ (alias), a resident of Jiangxi’s Nanchang, apparently attempted to drink her sorrows away after a heartbreaking breakup.

She spent the night at a friend’s house, where she drank about 50cl of baijiu (白酒), a popular Chinese spirit distilled from fermented sorghum that contains between 35% and 60% alcohol. One entire bottle of baijiu, such as Moutai, is usually 50cl.

She was together with three female friends. One of them also consumed baijiu, although not as much, and the two other friends did not drink at all.

As reported by Jiupai News, the intoxicated Xiao Qu ended up sleeping in her car, while one of her sober friends stayed with her. However, at about 5 AM, her friend discovered that Xiao Qiu was no longer breathing. Just about an hour later, she was declared dead at the local Emergency Center. The cause of death was ruled as cardiac and respiratory failure due to alcohol poisoning.

The court found that Xiao Qu’s friends were partly responsible for her death, citing their failure to prevent her excessive drinking and inadequate assistance following her baijiu binge drink session. Each friend was directed to contribute to the compensation for medical expenses and pain and suffering incurred by Qiu’s family.

The friend who also consumed baijiu was assigned a 6% compensation responsibility, while the other two were assigned 3% each.

On Weibo, many commenters do not agree with the court’s decision, asserting that adult individuals should not be held accountable when a friend goes on a drinking spree. Some commenters wrote: “You can tell someone not to drink, but what if they don’t listen?” “Should we record ourselves telling friends not to drink too much from now on?”

This is not the first time for friends to be held liable for an alcohol-related death in China. In 2018, multiple stories went viral involving people who died after excessive drinking at social gatherings.

One case involved a 30-year-old Chinese man who was found dead in his hotel room bathtub in Yangzhou after a formal dinner with friends where he allegedly drank heavily. The man reportedly died of a heart attack. His friends reached a 1 million yuan (±US$157,000) settlement with his family, with the cost shared among the friends who were present during the night.

Surveillance cameras in Jinhua captured how the man was unable to stand or walk after drinking with his friends.

Another case involved a man who died when he was left by his friends at a hotel in Jinhua, Zhejiang province, after heavily drinking at a banquet. Surveillance cameras captured how the man was unable to stand or walk after drinking with his friends. Those friends also paid a compensation together of 610,000 yuan (US$96,000) to the man’s family.

Organisers of an alcohol drinking contest in Henan province were also ordered to pay a compensation of over US$70,000 after one participant died due to excessive alcohol intake in July of 2017.

These cases also triggered online discussions about how Chinese traditional drinking culture often encourages people at the table to drink as much as they can or to exceed their limits; the goal sometimes is to literally “take someone to the ground by drinking.” When someone proposes a toast, everyone at the table is required to finish their glasses, sometimes at a very high pace.

In light of the latest news, some commenters write on Weibo: “No matter what kind of drinking gathering it is, for someone who is already drunk, others should intervene to prevent them from continuing to drink. Even if they invite, provoke, or insist on drinking themselves, they should not be allowed to continue. Otherwise, it not only harms them, you might end up facing legal responsibility yourself.”

Others remind people that overindulging in alcohol when you’re in a state of distress is never a good idea, and that no heartbreak is worth getting drunk over: “There are plenty of other fish in the sea.”

By Manya Koetse

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©2023 Whatsonweibo. All rights reserved. Do not reproduce our content without permission – you can contact us at info@whatsonweibo.com.

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What’s on Weibo is run by Manya Koetse (@manyapan), offering independent analysis of social trends in China for over a decade. Subscribe to show your support and gain access to all content, including the Weibo Watch newsletter, providing deeper insights into the China trends that matter.

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