of April 1, 2009, witnesses. Profile picture when he
Xundian County Standing Committee, deputy director of Cheung Man-sun during the sabbatical leave in 2009, driving a bus with family and friends to the Dongchuan District to mother Qianfen, on the way The reconnects died.
After the incident, the army Zhang son of Zhang Xincheng orphans. After the grief, to ask for funeral expenses, compensation for death, Zhang Xin and his father before his death fighting off a lawsuit the unit XUNDIAN County Standing Committee office.
September 7, 2011, November 21, Dongchuan District Court of two public hearing the case, the first instance verdict in the recent, Xundian County Standing Committee office compensation Zhang Xin and Zhang Xin’s grandfather, Albert Lee, economic losses of 34 million yuan.
sabbatical for the mother Qianfen a car accident
traffic police identified Zhang take full responsibility
March 31, 2009, Xundian County Standing Committee, deputy director of Cheung Man-sun during the sabbatical leave, approved by the leaders of the unit, driving unit for the cloud AFP238 Siwei “brand off-road passenger license plate number by Xundian County to the Dongchuan areas as a result China town luoxue mine for my mother Qianfen, to multiply Dongmei Zhu Heng Zhi, Cao added Xu, Hu Cunde same car.9:30
the same day, Zhang drive about 49 kilometers per hour speed downhill to the concentric Dongchuan District, Tang Dan town near the village of sections from east to west, the vehicle left the road turn fall on a road 90.8 meters north of the village sidewalk.
Cheung Man by rescuing died, the accident caused by Dongmei (Xundian County Ethnic and Religious Affairs, Deputy Secretary), Zhu Heng Chi (male, Dongchuan District, Bureau of Mines Tang Dan ore retired workers, Dongmei two brother-in-law), two people were killed the Hu Cunde, (male, Xundian County Rende Town community residents), and Cao Xu (male, Xundian County Rende Town residents), 2 injured.
Zhang’s wife Dongmei the Dongchuan District snow ore people. In 1983, Dongmei the mother’s death, buried in the Dongchuan District snow ore bridge to. At that time, due to the development of iron ore mining area roads need to be built, Zhang’s mother’s grave need of relocation.
To this end, Cheung Man on March 30, 2009 in accordance with the procedures in writing to the leaders of the unit public is invited to leave four days (March 31 to April 3), and official vehicles management requirements County NPC organs Honda off-road vehicles, dealing with the relocation of the mother grave matters to the Dongchuan District, and apply to the payment unit fuel costs.
after road traffic accidents identified by the public security organs, Zhang negative full liability, the responsibility of other casualties.
after the incident, Xundian county, the county government attaches great importance to actively carry out the family of the deceased, to appease the work and the aftermath, and to strengthen the official vehicle management to stress once again reiterate that re-deployment, re- to avoid recurrence of similar incidents.
son sued the county people’s congress
mother claims $ 36 million
was being The son of the army of Zhang Zhang Xin heard the bad news, and immediately to return home to deal with parents’ funeral.
Zhang Xin said that in addition to a house, the parents never leave behind. Zhang Xin of life has plummeted, despite being the only son, but Zhang Xin is unusually strong.
strong pressure of public opinion to bear a heavy psychological burden. Parents gone, the day had to go on, I must hold on. “Zhang Xin wiped away tears, dealing with the aftermath of their parents rely on relatives aid over a period of time.
mother’s father has been with her mother to live with parents, in support of the relatives, Zhang Xin and more than 80-year-old grandfather, Albert Lee each other.
from December 2009 to July 2011, Zhang Xin, and Albert Lee and his father before his death Unit XUNDIAN County Standing Committee playing the long-term dealings, repeatedly asked Xundian County Standing Committee office compensation Dongmei died in a car accident suffered economic losses.
a start, the unit also control a bit with the aftermath of my parents, and later on the matter. Every day I went to the county people’s congress to ask, they assured me that will deal with, let me be assured later has been dragging is not resolved, “said Zhang Xin.
two years past, things are still no progress.
Thus, Zhang Xin and grandfather Albert Lee Xundian County Standing Committee office successfully sued, the claim Dongmei’s funeral expenses, death compensation, alimony, accommodation fees and $ 360,000 in emotional , including emotional damages of 10,000 yuan. The <</p
, plaintiff agent that
Gongjusiyong division of responsibilities without a clear law
Zhang Xin also did not expect, and once familiar with the County greatly hospital, suddenly become strange, and finally had to court each other.
July 4, 2011, Dongchuan District Court accepted the case, and on September 7, 2011, the two held a public hearing on November 21.
trial, the case law apply to become a focal point.
representative plaintiff Hu Qionghua lawyer said the case took place in March 31, 2009, according to the Supreme People’s Court Supreme People’s Court released on June 30, 2010 on the application of the Tort Liability Act ” notice, “Tort Liability Act is not applicable.
Road Traffic Safety Law “Article 76 of the liable party only in principle to the general use of motor vehicle shall” and “pedestrian” As for the specific liability of the principal, especially in motor vehicle the liability of a party within the provisions did not, depending on the specific circumstances of discrimination.
case traffic police identified as drivers Zhang take full responsibility for Zhang new vehicles of the county People’s Congress to pay the cost of 300 yuan, clearly belongs Gongjusiyong. Gongjusiyong our laws this does not require judicial practice to the attention of the management of the units defective obligation to consider the unit to determine responsibility for adequate protection and relief to the victims.
county people’s congress office argued that the
Zhang is a new direct infringer should be liable for compensation
searching Austin County Standing Committee office that, first, the case has been over two years the statute of limitations, the request shall be dismissed in accordance with the law.
Secondly, Zhang new staff as the county people’s congress, Zhang sabbatical leave, the unit of official vehicles to lend him to Dongchuan District handle Qianfen for mother matters to deal with the personal affairs unit staff a concern and care, but also in the case of human nature, accident Zhang new violation of the Road Traffic Safety Law “due to Cheung Man is a direct infringer, shall be liable for damages.
the event of death due to Cheung Man should be his legal heir of the inheritance share within liable for damages. The Dongmei also a vehicle beneficiaries of this accident be liable for compensation. Development of the open unit vehicles for personal affairs, but his behavior does not belong to the performance of their duties behavior.
third, according to the provisions of the Tort Liability Act “, to borrow the vehicle traffic accidents, all fault only if the damage occurred, to be held accountable.
Finally, the unit will lend the vehicle Zhang does not exist at fault, nor is there not entirely management’s obligations, so far no laws and regulations of the unit are not allowed by vehicles to the unit staff.the
Court of First Instance judgment
County People’s Congress Zhang Xin 34 million yuan in compensation
the case of the East The chuan District Court that the citizen’s life, right to health is protected by law.Xundian county office cadres of the Standing Committee of the the Zhang
new Department, he was driving cloud AFP238 Siwei “brand small off-road passenger is Xundian County Standing Committee office. Cheung Man-sun during the sabbatical leave, the unit approved and he was driving the vehicle engaged in road accidents with duties unrelated to the activities, caused by Dongmei died in the accident, Xundian County Standing Committee office failed to fulfill management obligations to deal with Dongmei death in an accident. consequences of the damage and civil liability.
county People’s Congress Standing office argued that, Zhang new units to borrow the vehicle for personal affairs, the car have passed the test, and Zhang disqualification between the units and Zhang new borrowing relationship County Standing Committee Office of the behavior of fault-free defense, the court shall not support.
accordingly Dongchuan District Court of First Instance ruling within 10 days after the commencement of Xundian County Office of the judgment of the Standing Committee of compensation Zhang Xin, Li Guorong economic losses totaling 348,465 yuan.Zhang Xin proposition 1 million in emotional damages, the court support. Zhao Wenfu
County mate Director: a lawyer to the prosecutor the right to appeal
<p February 24, 2012,, Xundian County Standing Committee, deputy director Zhao Wenfu said that the Court of First Instance is not for this accident, Cheung Man and the Office of the county People's Congress Standing Committee, the division of responsibilities, the Office of the County Standing Committee will be entrusted to a lawyer to Dongchuan The District Prosecutor's Office to appeal.
issue of whether the compensation, he said, to wait for the final judgment of the court, with a clear basis for compensable. Infringement occurred prior to the implementation of the Tort Liability Act of
law applicable at the time
notice of the People’s Court on the application of the Tort Liability Act, “a number of issues:
” Tort Liability Act since July 1, 2010 implementation. The correct application of the Tort Liability Act, the relevant issues are hereby notified as follows:
a tort occurred after the implementation of the Tort Liability Act, a civil dispute cases, the provisions of the Tort Liability Act. Tort Liability Act prior to the implementation of civil disputes, tort law applicable at the time.
violation occurred prior to the implementation of the Tort Liability Act, but the consequences of the damage in cases of civil disputes in the Tort Liability Act, the provisions of the Tort Liability Act.
, the people’s court for the Tort Liability Act to hear civil disputes, according to the application of the parties or decided to conduct the medical damage identification in accordance with the terms of reference, according to the National People’s Congress Standing Committee decision on the management of forensic issues. ” “People’s Court commissioned forensic regulations and the provisions of the relevant state departments and organizational identification.
four, the people’s court for the Tort Liability Act to hear civil disputes dependents shall be based on the interpretation of the Supreme People’s Court on hearing personal injury compensation cases to applicable law, a number of issues such as victims of “second 18 the provisions of Article dependents living expenses included in disability compensation or death compensation. (Hong Yang)
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