0046 Public Interest Litigation
The Sixth People's Hospital of Shanghai is located in District C of Shanghai. Its most famous department is orthopedics, which is among the best in the country.
When Qu Zhong arrived at the emergency room of the Sixth Hospital, it was just past midnight.
She never imagined that the New Year would end like this. Even more unexpected was the scene in the emergency room at midnight—
Amidst the chaos of war, cries of despair filled the air, and the scene resembled a bustling night market.
Medical staff in white coats came and went, but Qu Zhong couldn't hold onto any of them. She felt like she had entered a honeycomb maze, with no direction and no way out.
Fortunately, Zhai was there and told her to calm down and call Feng Jing first.
Qu Zhong nodded and quickly dialed her number, which was answered shortly.
"Qu Zhong?" Feng Jing's voice was very weak and listless.
Upon hearing this, Qu Zhong became even more anxious and hurriedly asked, "Where are you?"
"Ah, I'm here..." Through the noisy background sounds, Feng Jing guessed that Qu Zhong had most likely arrived at the hospital. Moreover, they shouldn't be far apart; as long as she gave an accurate location, Qu Zhong would be able to find her quickly.
Unfortunately, she was sitting a bit far from the entrance and couldn't see the signs on the door. Also, she was helped in by medical staff while bent over, so she wasn't quite sure where she was and could only say, "I'm getting an IV drip, but..."
"Is it an IV drip? Okay, I'll look for it and be there soon."
Before Qu Zhong could ask the staff, Zhai Shi told her a few words: "Your friend should be in the observation room."
"The observation room?" Qu Zhong looked at him with some surprise. "Are you sure?"
"Yes, I've been here before."
As Zhai spoke, he pulled her along, clearing a path with unwavering determination. They walked straight through the crowd and soon arrived at the entrance of the observation room.
Sure enough, Qu Zhong saw medical staff carrying IV drips and helping patients out of the building.
Just as she was about to lean in to look inside, she heard Zhai whisper behind her, "I won't go in."
Because most people brought to the emergency room are in a disheveled and exhausted state, they certainly don't want strangers to see them looking sick, and they don't have much energy to socialize.
Qu Zhong's friends probably wouldn't really want to see him in this kind of situation either.
So Zhai stepped forward, gave her a gentle hug, and quickly let go: "I'll wait for you outside."
This brief embrace, with its gentle strength, took root in Qu Zhong's heart. The moment she left Zhai Shi's body, she suddenly felt no longer restless and empty, but became grounded and settled.
Qu Zhong looked into his eyes, knowing there was no need for further words, and simply hummed in agreement before going inside to find Feng Jing.
The observation room was also filled with people, all with their eyes closed, sitting or lying down receiving IV drips. The room was filled with the strong smell of Lysol.
Qu Zhong quickly scanned the area and soon found Feng Jing in the corner, who was looking down at her phone.
Qu Zhong went over and called to her. Feng Jing heard the noise, looked up, and sat up slightly: "You're here."
Her face was pale and bloodless, her lips were like dried flower petals wrinkled from the sun, and she was extremely weak.
Qu Zhong saw everything, so she didn't rush to sit down. Instead, she went to the side, found a paper cup, poured herself a cup of hot water, and then sat down next to Feng Jing.
Her deep concern was evident in her eyes and words: "What happened? Did you eat something bad?"
Feng Jing took the paper cup, held it in both hands as a makeshift hot water bottle, sniffed twice, looked around, and said in a low voice, "We must have eaten the same batch of cakes that were poisoned."
Her words raised many questions for Qu Zhong: "What cake? And are you saying that everyone in this emergency room came in for the same reason?"
Feng Jing took a small sip of hot water and explained to Qu Zhong one by one: "Well, I asked a few people and they all said they felt unwell after eating the cake, the one that was popular online and had a stringy texture, which we bought together on Hongshi Road the night before last."
"Huh?" The brightly colored, flashing sign was still vividly imprinted in Qu Zhong's mind. She frowned sharply: "How could this be..."
Who would have thought that the trendy cake they queued up for so long to buy would turn out to be a toxic and harmful food?
Qu Zhong was shocked but also felt fortunate, as the box of cake she bought had been in the refrigerator and she hadn't had a chance to eat it yet.
Ke Fengjing bought three whole boxes at the time, probably because he was afraid they would expire, so he opened them and ate them.
With things having come to this, Feng Jing had no choice but to accept her fate. She put on an optimistic look, as if she had just escaped death: "I've already had my stomach pumped, and I'll get an IV to reduce the inflammation. There shouldn't be any major problems."
Qu Zhong felt a little relieved, but just then Lin Qianqian called again to inquire about Feng Jing's situation.
Qu Zhong told her that the person was fine now, and then asked, "By the way, you didn't eat the candied cake I bought last time, did you?"
Lin Qianqian replied, "Oh, I haven't eaten yet. I've been so busy these past few days that I haven't had time to eat."
Qu Zhong said "It's alright," then carefully reminded her, "Don't eat it."
Lin Qianqian was completely confused: "What do you mean?"
Qu Zhong kept it short and told her about the situation in the emergency room.
Lin Qianqian panicked after hearing this: "It's all my fault. If I hadn't gone to stand in this line, this wouldn't have happened..."
"How can you blame yourself?" Qu Zhong interrupted her, taking the blame for what happened first. "If that's the case, if I hadn't suggested eating hot pot together, we wouldn't have eaten so much that we needed to go for a walk to digest."
What she's trying to say is that legal attribution of liability adopts the principle of substantial causation, rather than the simple "but-for" condition principle, where liability is not established unless it exists. Extending the scope of liability to infinity through endless assumptions is an ineffective approach and will never lead to a correct solution.
Qu Zhong understands, Feng Jing understands, and Lin Qianqian naturally understands as well.
"But..." But she just felt bad about it.
Qu Zhong was thinking about how to stop Lin Qianqian from blaming herself when Feng Jing leaned closer, seemingly wanting to say something. Qu Zhong held the phone to her ear:
"Qianqian, this is the merchant's problem, it has nothing to do with you, don't overthink it."
"When you get back, we'll sue them together."
That single, determined "sue" instantly brought the three practicing lawyers on either end of the phone to life.
No, to be precise, it brought back to life three law students who had once been defiant and rebellious in law school.
"Absolutely. Whether it's three times or ten times the compensation, it's up to you!"
"Yes! Let's just sue them until they go bankrupt!"
"..."
After a passionate discussion about the Civil Code, Consumer Protection Law, and Food Safety Law, Feng Jing, who was still receiving an IV drip, was exhausted and soon felt sleepy.
Qu Zhong stayed by her side all night. In the middle of the night, Zhai sent her a message, asking her to come out and get something to eat, but she said she had no appetite.
The next morning, Feng Jing woke up looking much better. Seeing Qu Zhong's red eyes, she told her to go back and rest.
Qu Zhong shook her head and forced a smile: "How can I feel at ease leaving you here alone?"
"It's okay, my childhood friend is on his way and will be there soon. You haven't slept all night, go back and get some sleep."
Hearing Feng Jing say that someone would come to keep her company, Qu Zhong finally agreed: "Okay, call me if anything happens."
Finally back in the car, Qu Zhong's eyes were almost closed. Like a phone with less than 10% battery left, she hugged Zhai Shi's arm tightly and rested her head on it to recharge.
“I’m so tired…”
Her voice was unusually weak, and Zhai couldn't help but turn to the side, pulling her into his arms. He lent her his warmth in return for her helplessness. An equal exchange, a repayment.
Of course, he was also recharging himself at the same time, and he didn't sleep a wink all night.
After squinting and snuggling together for a while, Qu Zhong finally regained some of her temper. She took out her phone, found the picture of the cake shop, and handed it to Zhai Shi, angrily saying, "I'm going to sue this unscrupulous shop!"
Zhai stared at the picture for a moment, then said calmly, "Besides civil compensation, perhaps we could also file a public interest lawsuit."
He used the word "perhaps," indicating uncertainty. But to Qu Zhong, his tone was exceptionally certain; he was thinking things through carefully, and putting it into practice might only be two public holidays away.
Qu Zhong suddenly became interested: "Public interest litigation?"
"Yes, it is clear that this is a major food safety incident, and the victims are an unspecified number of people."
Qu Zhong roughly recalled the legal provisions regarding public interest litigation in her mind: "Oh right, besides consumer associations, the procuratorate can also file public interest lawsuits." Then she asked him, "Are you going to file one?"
“I’ll mention it.” Zhai seemed to have made up his mind, nodding heavily as he pointed out a common phenomenon hidden behind the pull-apart cake: “There are too many so-called internet celebrity products on the market now, and they are updated very quickly. But along with them come a series of problems such as quality defects, false advertising, and even toxicity and harm, which seriously infringe on the legitimate rights and interests of consumers. It’s time to find an opportunity to rectify this.”
Bai Qing's assessment was absolutely correct; Zhai possessed a pair of righteous eyes that inspired unconditional trust.
As he spoke those words, his eyes seemed to hold a boundless, fearless universe, burning with an overwhelming, unstoppable force. Qu Zhong was instantly mesmerized, her gaze fixed on his profile, unable to look away.
Zhai sensed it and turned to look at her with a smile: "What's wrong?"
Qu Zhong did not look away, but instead met his gaze more frankly: "Nothing much, I just feel that my understanding of your profession was somewhat one-sided before. I thought that judges only judge right and wrong, and prosecutors only consider the severity of crimes, but I was too narrow-minded."
In the past, their positions were often completely opposite. One was acting in the public interest, the other in private; one was a victim, the other a defendant, making it difficult to determine who was right and who was wrong.
Looking back now, there's no right or wrong, and it's impossible to distinguish between them. Because they've all been demonstrating the value of the law in their own ways.
Qu Zhong can file a civil lawsuit to vent Feng Jing's anger, and Zhai Shi can also file a public interest lawsuit to seek justice for more victims. It turns out they aren't necessarily irreconcilable enemies; they can also reach the same goal through different paths.
Public power and private rights, once two parallel lines that would never intersect, now converge at a certain point. She and Zhai will also go from rivals to teammates—it's a truly strange feeling…
As she spoke, a remarkably beautiful smile appeared on Qu Zhong's lips. Zhai stared at her intently for several seconds, then leaned down, clearly intending to kiss her.
Before he could succeed, Qu Zhong reacted quickly. She reached out and grabbed his collar, turning her face slightly away to avoid him: "What are you trying to do so early in the morning?"
Zhai was forced to stop very close to her. Without saying a word, he used a sincere, affectionate, and seductive gaze to gradually erode Qu Zhong's will, making her obediently submit.
Soon, Qu Zhong blushed and felt thirsty under his gaze. Then, her body went out of control, and she leaned in and kissed him on the lips.
After the kiss, her mind was completely blank.
What... what happened? How did she end up taking the initiative?
Zhai chuckled softly, and before Qu Zhong could react, he grabbed her chin, switched from defense to offense, and kissed her.
Their breaths mingled together, and Qu Zhong wrapped her arms around his neck in response, with no space between them, inseparable.
Gradually, their breathing became heavier and their body temperature rose.
Sensing the drastic change between them, Qu Zhong regained some of her composure, nudged Zhai Shi's shoulders a couple of times, broke the kiss, and said in a low voice with a flushed face, "I...I have to go back."
Zhai, having tasted the sweetness, pecked her again and asked in a hoarse voice, "Back to where?"
Qu Zhong regained her composure: "Go home, my own home." She pronounced the last few words very clearly, leaving no room for ambiguity and not giving anyone an opportunity to act shamelessly.
"Oh..." Zhai curved his lips slightly, acquiescing, but not completely. Instead, he asked with ulterior motives, "When does your lease expire?"
Qu Zhong immediately understood her meaning, and smiled to herself with narrowed eyes: "Next year May..." Suddenly realizing that the new year had already passed, she corrected herself, "I should say May of this year."
Zhai lowered his eyes and asked her in a serious tone, "What are your plans after the expiration date?"
Qu Zhong had already guessed most of what he wanted to say, but he still pretended to be deep in thought, shaking his head as if he was confused: "Hmm... I haven't thought of it yet."
For no other reason than to hear Zhai make the first offer to her:
"Stop thinking about it and move in with me."
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