|
|
Zhejiang nephew Zhang Hui, Zhang Gaoping Information, unjustly imprisoned for 10 years
After 10 months of prison after 65 years in Hengyang Leiyang City,http://bbs.70yx.com/thread-2822756-1-1.html,escarpins louboutin, Hunan Province of from gavel finally confirmed his mental solatium --3000 yuan.
And in 2013, Hebei Province, Zhao Yan Jin unjustly imprisoned for 10 years, the spirit of solatium get a 10 million; the same year, Zhejiang nephew Zhang Hui, Zhang Gaoping unjustly imprisoned for 10 years, awarded gold is 450,000 yuan .
Compensation project since "State Compensation Law" the spirit of solatium project, that "It is difficult to quantify with money",http://bbs.aizbc.com/forum.php?mod=viewthread&tid=140832, and: a few sets of numbers seemed to have no direct correlation, but with a confused its "tied" together exactly what measure? The same crime, the same punishment but compensation is different, so numerous cases, is constituted Wuyi Xi confusion.
sudden change of life occurred in November 6, 2012 - for obstructing his criminal detention by the police. September 10 this year,http://caobe.net/forum.php?mod=viewthread&tid=277380, when faced with reporters, he quietly lying on a chair, did not move over a bit body --10 months in prison and other torture,http://www.aptnsw.org.au/cgi-bin/show_blog.cgi, let the backs tough old man, has seemed even to speak of no strength.
of "obstructing" from the neighborhood because of a dispute resettlement housing homestead occurred. Leiyang City Public Security Bureau prosecution submissions, said the day after his son Wuyi Xi Wu Hui military dispute with the villagers, Caizi pool police duty police arrived, let the parties make it clear to the police station, and then settled through mediation by neighborhood. But police said the prosecution opinions, Wuyi Xi and his son "refused to cooperate with and attitude is very arrogant." According to the police recalled, Wuyi Xi not only "The police pushed" Qu Hao also torn police uniforms, will be forced to drag around a bend Hao sand, "unreasonable pulling tens of minutes." Two hours later, Wuyi Xi son fled, police Qu Hao by Sometimes.
10 days after the incident, Wu Yixi been under criminal detention. March 8, 2013, the local procuratorate prosecution, accused Wu Yixi committing the crime of obstructing.
The same month 13, Leiyang City People's Court to Wuyi Xi acts constitute the crime of obstructing, sentenced to 10 months.
Wuyi Xi refused to accept the appeal to the Hengyang City Intermediate People's Court. The second trial defense counsel at the time of the case files, they found that the police suspected of torture, in violation of procedure, lack of video data and so many doubts. In the detention center, also talk to a lawyer, which is torture in the public security organs, due to withstand, before making a unique a confession of guilt. These factors caused the Hengyang City Intermediate People's Court's attention, the case will be sent back to Leiyang City People's Court for retrial. November 8, 2013, Leiyang City People's Procuratorate to the "facts and evidence in the case of a change" as an excuse for withdrawal of prosecution,louboutin outlet milano, Leiyang City Court issued permit withdrawal.
February 27, 2014, Leiyang City People's Procuratorate made no appeal decision. Detained 304 days of Wuyi Xi, finally got clean. He then made an application for state compensation, and requires $ 50,000 in moral damages solatium.
Eventually, Leiyang City People's Court decision, compensation Wuyi Xi liberty compensation 61009.76 yuan, mental solatium 3000 yuan.
Why is this number? Leiyang People's Court Liu Weihua explained: liberty compensation 61009.76 yuan,http://xy.tcsvs.js.cn/forum.php?mod=viewthread&tid=6660564, is published in accordance with the supreme law of the State of compensation for infringement of personal freedom in 2014 the standard of compensation is calculated 200.69 yuan a day, but the spirit of solatium payment of $ 3000 is "as appropriate payment "," there is no standard can control, "nor is it a case can give.
But Wuyi Xi still do not understand is that their mental solatium 3000 yuan, what are the factors that determined?
Weihua president further explained that the Court, in making mental damages, will consider the original suspects involved in the crime, determine a combination of factors and actual custody time charges,http://www-ya.magma.ne.jp/~y-jc/cgi-bin/yjcbbs/honey.cgi?mode=howto, as well as to their life, family and other conditions brought about change. "When payment of solatium really a combination of the above reasons, but the payment and determine whether or not the House leadership about." And after such a decision is made, even if the appeal to the higher court, the general judgment will support grassroots courts.
"Leiyang court for moral damage compensation, although the amount is not much, but it is from" State Compensation Law "after the establishment of a mental solatium project, Hengyang city's first access to mental solatium case." In this regard, Wuyi Xi Luo Qiulin lawyer believes that compared to "first", even more concern is - whether there is a unified moral damage gold standard? With sin, but the spirit of compensation with criminal different things,http://kubikino.ne.jp/cgi-def/admin/C-002/sekikawa/visit/main.pl?PAGE_NUM=1+Result:+chosen+nickname+, how to end?
"Determines the nature of moral damage difficult to quantify the money, the current approach is made to the trier of discretion, and the resulting obvious injustice." Luoqiu Lin believes, for example: in 2012 in Anhui Province and Guangdong Province Zhou Bing Ran Huang Liyi wronged imprisonment for six years and 11 years respectively, were obtained solatium 50,000 yuan and 160,000 yuan; in 2013 in Hebei Province and Zhejiang Zhang Zhao Yan Jin nephew, were obtained solatium of 10 million yuan, higher up to 450,000 yuan.
Luoqiu Lin believes that legal certainty is to design purpose. "In this sense, the main mental damages, requirements, scope, procedures, standards,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, etc., should be determined by the laws to prevent uncertainty and arbitrary exercise of power."
Professor of Law,nike air max 90 pas cher, University of South China Luo Wan pointed out that the degree of moral damage,tiffany outlet italia, the court tends to mix personal custody by the impact of the case on charges of social status of the parties and whether their own fault behavior and other factors to judge. Generally, the court may refer a civil standard the spirit of compensation, but in fact the spirit of compensation standard in civil cases, but also blank. Therefore,nike air max command, the actual operation, the High Court will have to guide the various parts of this standard.
Luo Wan appeal, from the direction of judicial reform, the reduction of discretionary space for transparency and the list of judicial power is a trend, but also people's requirements. "The Supreme Court should make for some classic case of specific guidance for the district court in the implementation of 'problem-solving'." The reporter Szank non-
(Original title: Together "obstructing official business case" the spirit behind the confusion of damages)
(Edit: SN022) |
|
發表於 2015-6-17 00:39:47
收藏