the other two were withdrawn or retrial Yushu City People's Court

zcnft796v · 發表於 2015-4-22 21:45:31

14 years to get the 21 legal instruments
■ reporter Zhou Bo / reports Li Xu / photo

WASHINGTON Recently, Yushu educating villagers rural villagers Yumin Wang Zhaoxing incense retrial to Changchun City Intermediate People's Court. To her husband's car jump the whole case, from Wang Zhaoxing incense to her mother, then her daughter, a 14-year sued lasted three generations of Yushu City Public Security Bureau. May 19, 2009, Changchun City Intermediate People's Court of Final Appeal ruling executive compensation, compensation sentenced Yushu City Public Security Bureau, Wang Zhaoxing incense 132,691.64 yuan, but Wang Zhaoxing incense on the amount of compensation is not satisfied, because the amount of executive compensation claims she is more than 160 million.

Thing goes back to September 11, 1994, more than one o'clock that day, the villagers were taken away by car jump the whole staff of Yushu City Public Security Bureau. Other car jump the whole family to see the car jump a full-time, he has been hospitalized for serious injuries. Relevant information, car jump a full line of injuries caused by falling from the car, identified as post-secondary disability,http://www.gaoyinjiao.com/forum/home.php?mod=space&uid=14484, in November 2002, when he was 38 years old in the car jump the whole death.

Since 1996, the car jump the whole wife WANG Zhao Yushu City Public Security Bureau of Hong complaint executive compensation of more than 160 million. From the first trial began in Yushu City People's Court, Wang Zhaoxing incense to get a total of mediation, ruling, judgment, rejected a series of legal instruments altogether 21.

/ Incident /

After being taken away by police officers injured

The evening of 10 September 1994, the car jump the whole, Wang Zhaoxing incense couple asleep after dinner early. But the middle of the night, the police came to the village security officer with a car full of family jump, jump the whole car away.

Later, I discovered WANG Zhao Hong, the police took the car jump the whole reason: the year in July, the same group of car jump the whole villagers contracted Tanaka soybean leaves roll up the lower half of plastic bags, police believe the car jump the whole it is destroyed standing crops behavior .

7 o'clock the next morning, someone came to Wang Zhaoxing incense messenger, saying the car jump the whole injured, knock on the head a pack. According to Wang Zhaoxing incense recalls that unconscious in a hospital car jump the whole head wrapped in bandages, there are usually two big swollen. Car jump a full brother to tell WANG Zhao Hong, yesterday, when he came to the hospital, I heard the car jump from full charge to his car falling elm, causing a skull fracture, have surgery, and can not wake up. Thereafter Yushu City Public Security Bureau twice to advance medical expenses of $ 6,000.

On the 15th, the car jump the whole dying, the doctor asked Wang Zhaoxing incense prepare for his funeral, when Wang Zhaoxing incense despair. Amazingly, the car jump the whole survive, two weeks after the car jump the whole opened his eyes, eyes even though it will not turn. At this point advanced by the Public Security Bureau has long run out of 6000 yuan for medical expenses, in order to cure her husband, Wang Zhaoxing incense raise money around.

After the car jump a full 47 days after admission, and finally restored some sanity, but never recover less than the previous look. On the forensic Changchun City Intermediate People's Court of July 15, 1996 to make the car jump the whole show: "car jump leads to structural changes in the whole brain injury, caused by trauma, dementia,http://roda-store.jp, should be named secondary disability."

/ Question /

In the end what matter occurred during

A good man, why let the Public Security Bureau after taking become like this? During this period in the end what happened? There are all sorts of questions about Wang Zhaoxing fragrant heart. She asked more than once to the car jump the whole what happened that night, but every time the car jump the whole is very angry and grumbling, but who could not understand what he said.

At this point the car home already destitute, and in May 1995, because it do nothing to boil, WANG Zhao Changchun incense alone to work.

Then the whole family in the car jump, led by Qin Shuzhen old mother, began to run the car jump the whole case. Then they only know that the Public Security Bureau is because the line and someone else took the car jump soybean leaves whole. The Public Security Bureau after taking the car jump the whole, it was another theft suspect and handcuffed together taken Yushu City Public Security Bureau said that in this period the car jump the whole car was injured in the fall.

May 4, 1996, Changchun Municipal Committee of Political Science has sent a letter to Elm Municipal Committee: car jump the line and others just have the whole bean leaves the question,chaussure nike tn pas cher, is a minor offense, only mediation or administrative penalties. The investigation found that the volume of Yushu City Procuratorate investigation, the car jump all in the absence of the right to exercise administrative proceedings, Yushu City Public Security Bureau to take compulsory measures is a violation of the Administrative Procedure Law. Moreover, in the way they guard escorted the serious consequences caused by the car jump the whole ...... a fall. Yushu City Public Security Bureau to coordinate ...... bear responsibility for the consequences of Yushu City Public Security Bureau to resolve as soon as possible. If the council disagreed, may notify the parties to court proceedings, and pay close attention to the trial court instructed.

May 30, 1996, the car home to the Yushu City People's Court filed an administrative complaint, the Yushu City Public Security Bureau to court.

/ Twists /

Has tried 10 times

June 25, 1996, Yushu City People's Court held a public hearing on the case to trial, but in the course of a hearing, the defendant participated in Yushu City Public Security Bureau, but no people. August 5, 1996 morning, Yushu City People's Court made the (1996) Yu Min Chu Zi No. 2658 civil mediation, Yushu City Public Security Bureau requires the defendant to pay the plaintiff for medical expenses, nursing and other costs 50,000 yuan a whole. But on the same day in the case of mediation Elm Court transcripts but only the plaintiff, the agent's name and fingerprints, the accused agents column is empty.

Although Yushu City Public Security Bureau, the court should listen to lost money, but the car home believes Yushu City People's Court in the case of the defendant does not sign the transcript issued by the mediation can not take effect. Car home and think these claims is not enough, the Yushu City People's Court retrial, but was rejected aspects of the court. Then the car home on the case of a complaint.

June 9, 1999, Changchun City Intermediate People's Court (1999) long before the people the word civil ruling No. 36: (1996) Yu Min Chu Zi No. 2658 civil mediation voluntarily violate the principle of legality is not legally binding, indeed there is an error,http://accesio.com, and withdrew the civil mediation, the case is sent back to the turn of Yushu City People's Court for retrial.

November 3,http://www.axiabridge.com/sunbbs/sunbbs.cgi?mode=form&no=13&page=, 1999, (1999) Yu Min heavy word No. 32 civil judgments, sentenced Yushu City Public Security Bureau, car 50001.64 yuan compensation. November 30, 1999 (1999) Yu Min heavy word No. 32 civil judgments, to take effect after the verdict, the car jump the whole agent request a retrial ......

From May 30, 1996, for the first time in Yushu City People's Court to now, has tried 10 times. The results have been remanded five Changchun City Intermediate People's Court; the first was revoked in Changchun City Intermediate People's Court; the other two were withdrawn or retrial Yushu City People's Court, until last year only results.

Initially, the car jump the whole old mother and wife Wang Zhaoxing incense as his agent, is now, Wang Zhaoxing incense always run around in her husband's case with the help of her sister Wang Zhaohua. Now her daughter has grown up car Lijuan, the addition of the plaintiff bar car daughters Debbie's name.

/ Yushu City Public Security Bureau /

Car full of themselves jumping jump

Yushu City Public Security Bureau in the trial argued that:

First,louboutin scarpe, the trial court found the car jump jumping full self-induced disability facts are clear. This fact Yushu City Public Security Bureau to provide the corresponding evidence, and the car jump the whole family alone infer think caused the car jump all police officers beating,http://hookele.org, there is no basis.

Second, the car jump the whole family thinks identification and reporting of Provincial Public Security Bureau and Changchun Municipal People's Procuratorate made invalid, illegal, there is no basis. Two instruments this case occurred after the car jump the whole family to go to the two organs of the problem, after the identification made,http://sxzxc.com/home.php?mod=space&uid=220989, is objective and fair. Within a dossier of evidence about its authenticity is not mere imagination of the family car jump presumed untrue, car jump the whole family could get no evidence to prove that the evidence provided by the Yushu City Public Security Bureau is false.

Third, the case occurred in 1994, which is before the implementation of the State Compensation Law, Civil Law was still the civil liability provisions of the executive infringement, but does not apply the relevant provisions of the State Compensation.

Fourth, the case is through mediation, the two sides have approved $ 50,000 in damages,nike tn pas cher, the car jump the whole family, not the actual performance monitoring, support obligations, should be compensated.

/ France /

PSB bear full responsibility

May 19, 2009, Changchun City Intermediate People's Court (2009), a long line of No. 88 final word executive compensation verdict. In the verdict, the court finds that: Yushu City Public Security Bureau on the question of responsibility assumed, Yushu City Public Security Bureau when jumping event escape Yang Zhanlin confessions in the trial, hoping to prove that the car hop fully automatic jumping to escape. But Yushu City Public Security Bureau in the years of litigation, has not provided the court with Yang Zhanlin, car jump the whole jeep while back and is responsible for the custody of Wang Fu Jun (village security officer when rural prosperity,http://www.nakagawa-j.com/hpgen/KEIJ/light.cgi, and the car jump all phases suffer sitting) testimony; and Yang Zhanlin is the first jumping to escape, but can not accurately grasp the situation after the car he was jumping. Thus, according to recognized May 4, 1996 the CPC Changchun Municipal Law Committee, and Yushu City Public Security Bureau has not provided sufficient evidence to prove the car jump all active jumping to escape, it should be recognized Yushu City Public Security Bureau should take full responsibility for this purpose .

Changchun City Intermediate People's Court as follows: Yushu City Public Security Bureau, the judgment shall indemnify WANG Zhao Hong, the loss of car Lijuan Total 132,691.64 yuan, after deducting the payment of 50,000.00 yuan,louboutin outlet, appellee need compensation 82691.64 yuan.

/ Focus /

If applicable, "State Compensation Law"

Changchun City Intermediate People's Court held that the car jump the whole time was injured in 1994, during "People's Republic of China on State Compensation Law" has not yet implemented and violations are not in a persistent state, so in this case the appellant shall apply "People's Republic of China request the State Compensation Law "does not hold. In accordance with the Supreme Court "on & lt; People's Republic of China on State Compensation Law & gt; retroactivity and Compensation Committee People's Court approved the issue by the scope of the case," the first article that "State organs and their staff infringement of citizens, legal persons exercising powers behavior and other legitimate rights and interests of organizations ...... occur before December 31, 1994, but continued to January 1, 1995 after. and determined by the law, are compensable after January 1, 1995 parts applicable "State Compensation Law" for compensation, are compensable part before December 31, 1994, the then applicable provisions of compensation; there was no provision in the reference to the provisions "State Compensation Law" for compensation "requirement, the case shall apply to "People's Republic of China Civil Law" be compensated.

The car jump the whole family said, in fact, the Court has clearly stated: occur before December 31, 1994, but continued to January 1, 1995 after, and determined by the law, are to be after January 1, 1995 be part of the compensation for "State Compensation Law" for compensation,louboutin pas cher, are compensable part before December 31, 1994, the then applicable provisions of compensation. The jump occurs when the whole car was seriously injured in 1994, but continued until after January 1, 1995, until November 2002, the car jump the whole death. So part of compensation January 1, 1995 after the applicable "State Compensation Law."

/ Complaint /

Continuing claims 1.6 million

Wang Zhaohua, told reporters that more than 80,000 yuan is now,http://www.linuxdevcenter.com, Yushu City Public Security Bureau has to compensate the sister. But this 130,000 and 1.6 million of their demands too far from, they will continue to claim.

"I am currently filed a complaint to the court for a retrial of the case." Wang Zhaohua said. Lawyers said that if Wang Zhaohua and sister of the sentence has been in force have objections to the court has the right to file a complaint.

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