From the Xiao incident to see the complex impact of spousal reporting - a double-edged sword in divorce proceedings

2025 05/06

Recently, Dr. Xiao (hereinafter referred to as "the man"), a thoracic surgeon of China-Japan Friendship Hospital, was reported by his wife, Dr. Gu (hereinafter referred to as "the woman"), about the affair of cheating on more than one woman during marriage (6 people mentioned in the letter of report, with two people as the key witnesses: the head nurse, Mr. Shi, and the trained doctor, Mr. Dong), which caused public concern and discussion on issues such as education fairness, class solidification, professional evaluation system credibility, medical safety, etc. This incident not only involves disputes over the personal and professional ethics of the man, but also reflects the complex impact of spousal reporting in divorce proceedings from a legal and social perspective, providing a typical case for us to explore the relationship between marriage, law, and morality in depth. As a professional lawyer in the field of marriage and family affairs, this article only analyzes the impact of a spouse's real name reporting of the other party's scandal in divorce proceedings.



On the left of the picture is Xiao, and on the right is Dong. The pictures are sourced from the internet

1、 Reporting timing: Why did the woman report at this time?

Preliminary information can be obtained from the report letter from the female to the male unit's disciplinary committee and the report letter from the female to Dong's unit's disciplinary committee (not verified by the female herself, only reported by online media): around 2016, during the female's pregnancy, the male had an affair with a nurse. The evidence provided by the female party can prove that since February 2019, the male party has had an improper relationship with nurse Shi from the same hospital, which led to Shi's two pregnancies and miscarriages. Starting from June 2024, the man had an improper sexual relationship with Dr. Dong, a regular trainee in the same department. Dr. Dong became pregnant in September 2024 and is now approaching the delivery period. The woman has been holding back and not reporting the man's infidelity over the years. However, on April 10th, 2025, the woman attached the accumulated evidence to the report letter, reported it under her real name, and sent the letter to the man and the disciplinary inspection department of Dong's unit. Later, the report letter was made public, triggering widespread public attention.

The reasons why the woman chose to report at this time should be as follows:

(1) When the man cheated on the head nurse in 2019, the head nurse had no background and the man had no intention of divorcing. He wrote a letter of commitment to his wife, promising to repent. The woman chose to forgive the man for the sake of her family and children; Although the man still engages in infidelity after the guarantee letter, the woman may choose to turn a blind eye for the sake of the child.

(2) In June 2024, the man who cheated on Dong had a strong family and social relationship. After Dong became pregnant in September, he decided to give birth to the child. The man intended to give Dong a legal status and took the initiative to file a divorce lawsuit with the court. During the process of resolving the conflict, his attitude was arrogant and he actively competed for property and custody of his daughter (it is speculated from public reports that the woman became pregnant in 2016, and her daughter is still under 8 years old. According to legal regulations, both parties are in a stage of competing for custody of their daughter, and the daughter's attitude does not play a key role), which touched on the woman's most core interests. The woman then went all out and publicly reported the situation.

(3) The report letter specifically listed an incident in his job that could attract public attention: during his surgery, the man abandoned the anesthetized patient for 40 minutes like a child's play to please his lover Dong (which occurred on July 5, 2024), treating the patient's life safety as worthless, which caused a huge uproar. The background of Dong's education, employment, parents, mentor, and the 4+4 of Peking Union Medical College were gradually excavated, and the Xiao incident gradually developed into a public event. Currently, the National Health Commission has organized an investigation team to investigate the relevant facts.

2、 The duty of loyalty between spouses is a legal obligation!

The duty of fidelity between spouses in our country is a statutory obligation written into Article 1043 of the Civil Code! In marital relationships, loyalty between spouses is an important cornerstone for maintaining marital relationships and family stability. When one spouse cheats, their behavior not only violates their commitment to the marriage, but also causes significant mental harm to the spouse. In the Xiao incident, after enduring the man's continuous infidelity for 9 years, the woman ultimately chose to report it with her real name, using public opinion to condemn the man. One of the purposes was to make the man leave the household and not fight for custody of the child, in order to protect her legitimate rights and interests.

In divorce proceedings, if it is proven that the spouse has cheated, the court will recognize that the party at fault for the breakdown of the marital relationship. The innocent party can claim compensation for mental damages based on this and compete for a more favorable position in the division of marital property and the custody of children. According to Article 1087 of the Civil Code of China, the division of joint property between spouses should follow the principle of taking care of the rights and interests of the innocent party. This provision provides legal support for spouses who have suffered betrayal to safeguard their legitimate rights and interests. However, in judicial practice, even if one party continues to cheat and is completely at fault for causing the breakdown of the relationship, the court generally does not rule that the party at fault should leave the household. So Xiao's wife should be aware of the judicial reality and, at this critical period, take a gamble and report with her real name!

3、 The issue of reviewing the evidence listed in the real name report of the female party in divorce proceedings

1. The woman provided evidence such as WeChat chat records between the man and the head nurse, room opening records, head nurse abortion records, intimate photos between the man and the head nurse, photos of the head nurse meeting the man's parents, phone recordings, as well as WeChat records of Dong claiming to be pregnant to a third party, pregnancy test videos, airline tickets, etc. in two reporting letters. The author believes that the legality of the channels and sources of the evidence listed by the woman in the report letter is crucial for the ultimate adoption of the evidence by the court. If the female party obtains such evidence through illegal means, such as invasion of others' privacy, illegal surveillance, etc., it may not be accepted and used by the court in the divorce judgment. However, even if these pieces of evidence are not publicly accepted by the court, they will still have a certain psychological impact on the judge's judgment.

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The report letter and related evidence images shown in the above picture are from the internet. If relevant personnel request deletion, please contact the author and we will cooperate with the deletion

2. The authenticity of the evidence listed by the female party still needs to be reviewed, and the court generally requires the submitting party to provide the original carrier of the evidence when reviewing the evidence. However, even if the evidence cited by the woman is true and the source is legal, the woman has no right to disclose any evidence involving third-party privacy to the public at will. The evidence in this incident involves the personal privacy protection issues of Mr. Shi and Mr. Dong. However, these pieces of evidence proving that the man has been cheating on different women for a long time can be submitted for use in divorce cases. The court generally adopts a closed trial method for divorce cases, so the public will not know about the evidence involved. It is currently unknown through what channels the disclosure information involved in this incident was leaked and who made it public.

3. How to balance the legitimate rights protection of spouses and the privacy protection of third parties in divorce cases is a very complex issue! Even for juniors and seniors who disrupt others' marriages and engage in behavior that is not allowed by social order and good customs, their private information cannot be freely disclosed. This is due to the protection of individual rights in a civilized society.

4、 The complex impact of using the double-edged sword of real name reporting by spouses

1. Real name reporting by spouses will have a profound impact on families and society

From a family perspective, real name reporting by spouses often exposes internal conflicts within the family, causing significant psychological trauma to family members and having varying degrees of impact on the reporter, the reported, and their children. From a societal perspective, such incidents have sparked public discussions on marriage ethics and professional conduct. In this case, the man, as a doctor, not only violated his obligation of marital loyalty, but also left his post without permission during the operation, which caused the public to question the professional ethics of doctors and damaged the image of the whole medical industry, especially the reputation of the China-Japan Friendship Hospital.

In this case, after receiving the letter of complaint from the woman, China-Japan Friendship Hospital quickly investigated and took action, expelled Xiao from the Party and dismissed Xiao. The handling speed was still very fast, but the handling opinions on the immoral behavior of the head nurse have not yet been released. In addition, because Dong's labor relationship is not in the China-Japan Friendship Hospital, the Cancer Hospital of the Chinese Academy of Medical Sciences has not made a sound since receiving the woman's tip off letter. Although it is reported on the Internet that Dong's working relationship has been quickly transferred from the Beijing headquarters of the Cancer Hospital to the Langfang branch of the Cancer Hospital after the incident, it is still unknown whether this fact is true.

From the perspective of social public opinion and public perception, spousal reporting often triggers collisions of different viewpoints. Some people support spousal reporting, believing that it is a powerful counterattack against infidelity and a manifestation of maintaining social order and good customs; Another group of people are concerned that reporting may lead to a complete breakdown of family relationships, and may even pose a risk of malicious reporting. In some similar incidents, one party has maliciously fabricated evidence of infidelity in order to gain more benefits in divorce proceedings, which not only harms the other party but also undermines social trust.

2. Spouse reporting has a huge impact on children

Real name reporting by spouses has a huge impact on their children. In the process of parental divorce, if one party reports the scandal of the other party with their real name, causing a stir, children, especially underage children, may suffer significant psychological trauma and develop negative emotions such as inferiority, anxiety, and depression for a long time. For example, in a family where one parent cheats and is reported by the other parent, the child may face strange looks and discussions from classmates at school, leading to a narrowing of their social circle and even becoming isolated and unsociable, affecting the child's normal interpersonal communication. In academic studies, immense psychological pressure can also distract children and lead to a decline in grades. In the future development, some special industries with strict background checks on family members, such as military, police, judicial and other positions, may have their children's political review process adversely affected by parental infidelity and reported incidents.

Returning to this incident, the woman's real name report will first have a significant impact on their young daughter, and this event will always be an invisible label on the child, which will later affect the child's learning and life. In addition, this incident will also have an impact on the female party. If the female party eventually obtains all the joint property of the couple and custody of the children, the psychological damage to the female party will be long-term. According to online reports, the woman, as an ophthalmologist at a Beijing hospital, has currently stopped seeking treatment. It is still unknown whether the head nurse and Dong will initiate infringement lawsuits against the woman in the future. So, in divorce proceedings, if the spouse is not cornered, they generally do not resort to extreme measures such as real name reporting to protect their rights. The author suggests that during the divorce proceedings, the innocent party must think twice before reporting their spouse's scandal to protect their rights with their real name!

The author once represented a case where the woman was a senior executive of a subsidiary of a state-owned military enterprise. During the marriage, the man publicly cheated on a flight attendant. The man and his mistress were not ashamed of their unethical behavior and had a very arrogant attitude. If the female party directly reports this matter to the disciplinary committee of the group company where the male party is located, it will put her in a very advantageous position in the divorce litigation and negotiation process. However, after careful consideration, the woman did not want the man's work file to have such a tainted record. In addition, the child was still young, and in order for the child to grow up happily in a normal environment in the future, the woman ultimately chose to give up reporting and instead negotiated through a lawyer. Finally, the divorce was processed at the Civil Affairs Bureau. I still admire this young mother for being able to maintain a stable emotional state during critical moments.

5、 Reflection on the Xiao incident

1. The behavior of the male parents is worth examining, as their values violate social order and good customs!

From the evidence in the woman's report letter, it can be seen that if the parents of the man clearly know that his son has a legal spouse and has a common child, when the son seriously violates the public order and good customs and betrays the marriage, and brings the junior and senior back home to meet their parents, if they are normal parents, they must exhort the man, not indulge or even support him. In this incident, the male parents not only did not advise their son's unethical behavior, but also hosted a banquet to entertain the third and fourth graders, which actually played a condoning role; So, the first ones who destroyed Xiao were his parents!

2. The arrogant and conceited attitude of the man towards the woman and his divorce lawsuit request to the court were the triggers of this incident! It is also the last straw that overwhelms the woman!

The man voluntarily filed a divorce lawsuit with the court in order to marry Dong, and his attitude was arrogant, actively competing for property and custody of his daughter. It can be imagined that after receiving the lawsuit served by the court and seeing the man's lawsuit request, the woman's hesitant and suppressed heart probably became firm at that moment. If the man can recognize his long-term mistakes and the harm he has caused to the woman and the child, apologize to the woman, and give the custody of the property and the child to the woman, the woman will not resort to such extreme real name reporting methods to protect her rights; So, the second thing that destroyed Xiao was himself!

3. The punishment for infidelity and fault in marriage is too light and does not have a punitive effect according to relevant laws and regulations!

In judicial practice, even if a judge determines that one party has cheated, or even cheated on different women for a long time, and is entirely at fault for the breakdown of the relationship, they generally do not rule that the defaulting party should leave the household. The division ratio of common property is generally kept at 4:6, at most 3:7 (the defaulting party can receive at least 30% of the couple's common property). The victim often cannot accept this result and believes that their accumulated wealth over the years has benefited the mistress, which is why some unconventional rights protection behaviors are triggered. In this case, it can be inferred that the man must have told the woman that he could receive at least 40% of the joint property, and the court would never sentence him to leave the household. Moreover, even if he is at fault, the law cannot deprive him of the right to seek sole custody of the child. It is speculated that the woman may have already consulted with a lawyer for verification, and after learning about the judicial practice's results, ultimately adopted this extreme real name reporting method to solve the problem.

At the legal level, the author suggests that relevant institutions further improve relevant laws, regulations, judicial interpretations, and trial guidance. In divorce cases, significant bias should be given to the innocent party in terms of property division, child custody, and other aspects, causing serious losses to the innocent party. This can guide the innocent party to protect their rights normally.

In summary, the real name reporting behavior of the female party in the Xiao incident will inevitably become a key link in the divorce lawsuit between the two parties, and it also reflects the difficulty and complexity of the innocent party's rights protection through conventional legal means when the marriage relationship breaks down. The Xiao incident also reminds us of the importance of both spouses' loyalty in marriage. When a society is not ashamed of infidelity, mistresses, and seniors, and the wrongdoer does not suffer corresponding losses for their wrongdoing and is punished, the society will be filled with moral risks, and legal provisions will have the opposite directional effect. This result is also seriously inconsistent with socialist core values. Therefore, various organizations in society should strengthen the promotion and education of marriage ethics and family values, reduce the occurrence of such incidents, and maintain social harmony and stability!
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