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發表於 2015-12-16 11:38:19 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式
Person in charge of the Credit Union on the way to higher units on duty, suddenly was beaten to death by three strangers. After investigation, the three strangers and he had no hatred, why lay violent hands still hurt? Then by the investigation,bracciale tiffany, who was actually his waiting list incitement colleague that he stand in his posts Road.
 
Li Jun, whether identified as work-related injuries suffered overwhelmed? But the road seems to be a dead end. Whether related injuries department or court, all that way not be identified as work-related injuries killed on duty. But experts do not think so
 
Meng Yasheng
 
"A year and six months." Wang Jianling breaking a finger count another number, only a few know her husband Li Jun to leave their day. For her, such as "long life."
 
Li Jun was in February 14, 2009 in the afternoon to watch the way to being hurt lethal assailant waiting list of workers employed by the unit of Li Jun,http://www.yxluntan.cn/forum.php?mod=viewthread&tid=4786176&extra=, and incitement by reason turned out to be "In order to post teaching."
 
After the perpetrators and who was sentenced for incitement, leaving Wang Jianling pain is just beginning.
 
Battered downtown
 
Was that the "job" to blame
 
Wang Jianling did not witness the scene of her husband was hurt, but the description of others, but often appear in her eyes.
 
At 17:40 on February 14,http://bd.034000.gov.cn/home.php?mod=space&uid=540339&do=blog&quickforward=1&id=339189, 2009 or so, Xuzhou City, Jiangsu Province, Peixian Zhen Jing downtown alley undergone a frightening scene: a middle-aged man approached his bicycle alley, suddenly It appears three men punched and kicked him, stabbed him with a knife, slash.
 
When police arrived on the scene, the middle-aged man covered in blood, fainted. He was immediately taken to a nearby police hospital, the end result of excessive bleeding, died.
 
Middle-aged man is Li Jun Wang Jianling husband, only 38 years old, is in charge of rural cooperative credit unions Pei Jing An credit unions Xinhua credit bureaus.
 
The bad news came, Wang Jianling a distraught.
 
Wang Jianling do not understand, the husband usually with people no injustice Wu Chou, how it attracted a fatal disaster?
 
Police investigation,hogan rebel, and this fit: Junping when upright style, the masses very good reputation, has been rated as advanced workers, has never been the "scandal"; Jun wages are not high, his wife has laid off at home, there is nothing money can seek.
 
Neither "love to kill", nor "financial killing", "Li Jun, who was going to such a murderous"?
 
Investigation, police learned that a strange thing: Xinhua credit bureau seal over a new employee, a few days ago on his way to work was also beaten by strangers.
 
Xinhua credit bureaus a total of only three employees, in addition to Li Jun, Feng Chao, in addition to a female worker. There have been two strangers somehow been attacked, which in the end what's the problem?
 
After visiting an eyewitness, careful investigation, collect clues, the police finally found traces of the perpetrators will soon LU Wei, Du Xinrong ZhuYuBin and arrest three people.
 
After interrogation, the police shocked: 3 Jun Jingbu know, no more holidays.
 
"Why you want to kill people?"
 
Truth turned out to be incredible --- Jun of "jobs" to blame.
 
Incredible
 
Employees waiting list for the "post teaching" incitement
 
LU Wei explained, a few days before the incident, someone found him, and said he is willing to call out 10,000 yuan learned about Jun. Get 1000 yuan "deposit", the LU Wei and find another ZhuYuBin, Du Xinrong They do help.
 
This is clearly incitement to wounding together. "Who is the employer?"
 
LU Wei explained, hire their own people named Hao Jing whole, they are met in the labor market. It can be brought to justice after a full Hao Jing and Li Jun also claimed that they never met the real person named SUN Zhi - guo incitement.
 
"SUN Zhi - guo Xinhua credit bureaus waiting list are not staff it, why did he murder his colleagues to do?" Police summon the SUN Zhi - guo immediately.
 
Originally, SUN Zhi - guo Zengyin personal bad loans overdue responsibility not recovered by the probation sanction. Later, the mother is ill, SUN Zhi - guo, please take care of a holiday home.
 
December 2008,hogan outlet, Peixian credit unions system to implement two-way choice, competition. SUN Zhi - guo due to missed opportunities, had waiting list at home, get 580 yuan a month.
 
SUN Zhi - guo psychological imbalance repeatedly asked to re-found leadership posts, but this post is full and unable to arrange for credit unions work.
 
To be able to re-appointment, SUN Zhi - guo invested 8,000 yuan, instigate Hao Jing hire the whole staff of Super Xinhua credit bureaus wounded, it can not participate in the work, so as to achieve by their own replacement purposes.
 
February 8, 2009, 11, Hao Jing twice ordered the whole people of Super beating, causing his eye being Sometimes.
 
Due to injury is not heavy, sealed super still every day to work properly.
 
SUN Zhi - guo and anger at just transferred Xinhua credit bureau chief Li Jun, Li Jun believed to be accounted for their posts, thus invested 10,000 yuan again, instigated the whole hiring wounded Jun Hao Jing, Li Jun to replace jobs.
 
They did not expect, because the start too, even causing death Jun.
 
March 2010, Xuzhou City, Jiangsu Province, the Intermediate People's Court sentenced the defendant SUN Zhi - guo intentional injury death, the other four defendants were sentenced to death two-year reprieve, life imprisonment, 15 years imprisonment. Meanwhile,http://sjh.bbs.windplay.cn/forum-53-1.html?mod=spacecp&ac=blog&blogid=, the court also ordered five defendants compensate for the loss of relatives of victims of a total of 36 million yuan Jun.
 
However, since the five defendants did not enforceable property, the court "criminal property" judgment become a dead letter.
 
Performance of dispute
 
Killed on duty the way not claiming for compensation
 
Li Jun was originally a mainstay of the home, there are elderly parents,http://91jrd.com/news/html/?75753.html, under-age son, his wife is also unemployed. Today, his pillar down, the home is no source of income.
 
Wang Jianling feel, if not the credit unions Jun employee, would not have been unexpected, Li's death simply because "Credit Union employees," this identity due to both create jobs, it should belong to injury.
 
Pei Wang Jianling rural cooperative credit union considered opinion there is some truth, so the labor and social security departments to Pei Jun finds application belong injuries. But Peixian Labor and Social Security Bureau believes Jun fatal injuries in non-working time and non-workplace injuries not identified.
 
Pei Wang Jianling Labor and Social Security Bureau to produce an evidence table --- a duty Jing An credit cooperatives, Li Jun killed prove evening,http://web.izhechen.cn/news/html/?140457.html, is scheduled to work in accordance with the credit bureaus from Xinhua credit unions to go on duty to respect the security, But 500 meters distance two, Li is in the way to respect the security of credit unions killed on duty.
 
This is the docking point between Li Jun is the continuation of the work content. In this process, it should belong to the working hours and workplace injuries suffered internal work reasons, it should be recognized as work-related injuries.
 
But Peixian Labor and Social Security Bureau considers, in accordance with the industrial injury insurance regulations, on his way to work, only one case can be clearly identified as work-related injuries --- by motor vehicle accidents. Jun Department of victims of violence, rather than a motor vehicle accident, obviously does not meet the requirements.
 
July 6, 2009, Peixian Labor and Social Security Bureau made the decision "not identified injuries,http://www.clarityenglish.com/englishonline/index.php?item/create_form/1," the.
 
Wang Jianling refused to accept Xuzhou City, Jiangsu Provincial Labor and Social Security Bureau to apply for administrative reconsideration.
 
November 2009, Xuzhou Municipal Labor and Social Security Bureau issued by the administrative reconsideration decision, maintaining Peixian Labor and Social Security Bureau found.
 
March 2010, Wang Jianling sued Xuzhou Gulou District People's Court, the Xuzhou Peixian levels, the labor department to court, requesting revocation of the decision on Jun injuries not identified Peixian Labor and Social Security Bureau and made Xuzhou Municipal Labor and Social Security Bureau to maintain a written decision of administrative reconsideration and request finds Jun killed belong to injury.
 
April 2, 2010, Xuzhou City Drum Tower District Court hearing the case. Court, the original defendant, the two sides over whether to perform the functions Jun suffered violence had a heated debate.
 
Wang Jianling think, Li Jun and SUN Zhi - guo never had a personal grudge, he is completely killed due to work. SUN Zhi - guo incitement to intercept hurt Jun Jun's aim is to make can not continue to work on the job, by him to replace, which fully proved, Li suffered injuries to his job and responsibilities have a direct causal relationship. Li Jun on the way due to work issues and killed on duty, should be recognized in the working hours and workplace.
 
The defendant believes that injury ultimately belong to an occupational injury, the workers engaged in production work, since there are safety factors of production equipment provided by the employer or the working conditions, leading to an accident injury, the situation of workers of the right to life and health deprivation This is the main difference between accidents and other accidents where injuries. Li Jun's death was violent criminals as crime and violent criminal behavior and the savings are engaged in the work of Jun no direct causal relationship is not working causes of death. Nor is it the way on duty during working hours and workplace.
 
The original defendant, the two sides against each other, who can convince anyone.
 
May 20, 2010, the court of first instance verdict, dismissed the claims of Wang Jianling.
 
The court held that the direct cause of death of the victim that the offender out of "post teaching" the purpose of the implementation of incitement to harm, do not have a causal relationship between "post teaching" work factor and the victim casualties.
 
Job title victim is the person in charge of Xinhua credit bureaus, specific duties are "accounting" and Jing An overnight security Credit Union headquarters. 17:40, Li Xinhua credit bureaus from the King on his way to work the night shift security Credit Union headquarters, not in the performance of their duties in the damage, and no leadership work and are between the victim and offender Leadership, management and managed relationships perpetrators of crime against all workers in the post, Xinhua credit bureaus, there is no personal grudges the victim to perform job duties arising between it and the victim,peuterey outlet, therefore, "to perform job duties" and the victim It does not have a causal relationship between casualties.
 
May 31, Wang Jianling appeal, currently awaiting a final outcome.
 
■ Further Reading
 
Legislation designed to prevent injury the injured person bloodshed and tears
 
Nanjing University labor law experts accept the "rule of law over the weekend" in an interview he said that China's industrial injury insurance regulations Article XIV, working hours, the workplace and the reason is that the three major elements related injuries.
 
In this case, Li was killed on duty in the way, Li Jun was hurt does not seem to meet the working hours and workplace conditions, it is not recognized as work-related injuries can not do?
 
Experts believe that, in this case, whether identified violence belong to injuries suffered by Li Jun, the key to whether the provisions of the industrial injury insurance provisions of Article 14 of the third term, that is, within working hours and workplace, the discharge of duties by violence accidental injury.
 
Legislative Affairs Office of the State Council of Politics and Law Division of Labor and Social Security on the legal interpretation,http://bbs.anjian.com/home.php?mod=spacecp&ac=blog&blogid=, has two meanings: one refers to workers due to perform job duties, make some people unreasonable or unlawful purpose does not reach these people out of revenge and the workers to carry out violent personal injury; the second refers to the working hours and workplace, employees perform job duties because of injuries suffered.
 
According to the interpretation of the first layer of meaning itself as the innocent party of workers due to work with others, suffered the disputes of others (at fault) malicious retaliation hurt, although not within the working hours and workplace injuries still should be identified.
 
Experts believe that Li Jun killed neither of passion, but also non-financial killing, revenge killings and more impersonal resentment caused due to complete work causes --- defendant SUN Zhi - guo Li Jun's considered normal work posts blocking his path.
 
The reason is not that perform work work,http://bbs.tt919.com/read.php?tid-262522-fpage-80.html/read.php?tid-262522-fpage-80.html/post.php?fid=42?fid=42?
 
Chinese People's University Law School Professor Li Jianfei that the work is derived from the reason the behavior of the offender out, and work reasons injury is work duties is to perform duties in the hurt, this is one of the most fundamental point of injury.
 
Experts say that a comprehensive view of the present case, Li killed indeed caused by the discharge of duties, in line with the core elements of its work reasons --- related injuries. In conformity with the work reasons, working hours and workplace elements should be identified as an ancillary element.
 
Experts stressed that labor relations, legal principles and spirit of the injury is to guarantee protection of workers due to work without malice or work-related activities can get relief after injury, the content as long as the workers who have suffered injuries associated with the work,moncler outlet online, for working hours defined according to the different nature of work to judge, as long as the injury situation does not belong to the scope of work-related injuries ruled out, it should be recognized as work-related injuries.
 
The present case, although Li Jun killed on duty in his way, but the reason is based on the performance of duties. If only a few minutes because there is no place not on duty rushed identified as work-related injuries, conscientiously perform their duties if the work is not identified as the reason, the results are not any workers 'compensation, legislative intent which labor law and the protection of workers' legitimate rights and interests of fairness purposes and principles of the legislation and work injury insurance regulations inconsistent.
 
Source: Law weekend
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