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發表於 2015-7-8 18:23:16 | 只看該作者 回帖獎勵 |倒序瀏覽 |閱讀模式
June 16, 2011, Hongqiao District People's Court ruling on the matter, because Wanglaotai offense isolation barrier across the center of the accident can not shirk its responsibility, Xu Yunhe was sentenced to bear 40% of civil liability, compensation 108,christian louboutin homme,606.34 yuan, including disability compensation 87454.8 yuan Wanglaotai. Decision process, Xu Yunhe butt did not find proof. Tianjin Tian Tong specific circumstances Forensic Center issued instructions as: "unsure minibus contact with human body parts." People's Hospital Wanglaotai injury diagnosis is: "Unable to determine the specific causes of the plaintiff's injury, but can OK plaintiff injury caused by trauma system. "
@ Jian Hitomi - off: not a "principle of doubt in favor of the defendants' right, since there is no contact with the two sides can not be determined, it should not be sentenced to indemnify the owner!
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"Doubtful" means judiciary defendant whether the severity of the crime or offense is difficult to confirm, and are common judicial practice is difficult to avoid. "The Conflict" principle is reflected in modern criminal law "enabling the defendant" thought, it is one of the specific content of the presumption of innocence. That is: we can not prove guilt of the accused can not prove the defendant guilty of the case, the defendant the presumption of innocence.
"The Conflict"
Glossary
&#160,air jordan homme;
 Microblogging Recommended | today's hot microblogging (edit: SN029)
sheepsheep pig: that these cases often make us flinch in the face of a good thing.
Court
 
 
Event Playback
Coincidentally
No evidence butt, bear 40% responsibility
 
It is really difficult to do good contemporary society
Xu Yunhe was sentenced to compensate more than 80,000 yuan,http://www.yiliangren.com/home.php?mod=spacecp&ac=blog&blogid=, "eight disability" compensation,http://www.dyqcw.com/home.php?mod=space&uid=308147, Li Jian lawyers believe Wanglaotai for failing to follow the doctor's recommendations lead to disability, belonging to expand damage,hogan outlet, the owner should be held accountable.
 
 
 
&#160,http://cheyouhui.tj.cn/news/html/?945.html,tiffany outlet;
 
Granny exclaimed turn knocked column
After learning the verdict, Xu Yunhe immediately appeal to the Intermediate People's Court of Tianjin. It is reported that the appeal case will be hearing Aug. 22. August 18 afternoon,louboutin femme, Hongqiao District People's Court suddenly notice Xu Yunhe in the morning of August 19 to 13 in Hongqiao District Court Office, and did not inform any reason. Xu Yunhe listen to lawyers suggested that in the absence of informed of specific reasons, and did not travel. At 20:00 on August 17th, Xu Yunhe opening real-name authentication microblogging, and yesterday afternoon on the microblogging micro-interview form by interacting with microblogging users, clarifying event details.
&#160,http://www.jxsj8.com/home.php?mod=space&uid=24577;
 
 
The incident triggered reflection about human nature
 
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Judgment contrary to "the Conflict" principle
According to Xu Yunhe recalls that more than half the time Wanglaotai cross road, ready to tie him down when crossing the fence, landing two steps to plump ground. "Just in front of me,http://www.aurosiksha.org/login/index.php?item/create_form/1, looking to hurt!" Xu Yunhe, he said the old woman out of fear of danger, then he immediately stopped the car, the car pulls to Granny bandage Band-Aid on, and dialed 120. In this case, Wanglaotai pick up the phone, said something to Xu Yunhe cool to the feet from the ground, then, "I let the car on the road to hit it!"
@ Record is: I want to know, to see such a ruling, we will continue to do the right thing  What is the cause of modern society increasingly indifferent
Reasons court is "not sure minibus and Wanglaotai physical contact, can not rule out small passenger Wanglaotai no contact with the defendant when the plaintiff discovered only four or five meters within this short distance as the plaintiff pedestrian suddenly found their vehicle approaching, is bound to happen panic disorder, it fell to the ground would certainly be affected by oncoming vehicles. "
 
The court held that assumes no hit will cause Granny frightened owners should bear responsibility
 
 
@ Franklin1984: after going with friends to help, a Qufu, a cell phone camera, there must be dialogue, indicating that indeed is doing the right thing, leaving evidence. A person, then, may be the camera recordings and the like, although the trouble spots, but both worthy of their own conscience, but also to avoid the disadvantage.
November 20,http://www.hong933.net/home.php?mod=space&uid=9735, 2006, a bus station in Tianjin, Peng Yu propped party Xu old woman fell to the ground and taken to hospital, the hospital after treatment, confirmed Xu Granny fractures, after forensic 8 disabled. Granny Xu Peng Yu and his family found it hit the ground, and a lawyer, Peng Yu claims to medical expenses, care, disability compensation and other total of 13.6 million yuan. Peng Yu's Court sentenced Xu Granny compensation 45,000 yuan, Peng Yu refused to accept the outcome of the trial, was made to the Nanjing Intermediate People's Court appeal. Under the coordination of the Nanjing Intermediate People's Court, the two sides eventually settled out of court case, the settlement is explicitly requested, how much money do not pay public.
 
 
 
 
To consider the social impact of the decision
October 21, 2009 morning, Xu Yunhe driving route along the Red Hongqiao District, traveling south to north, in the case of Wanglaotai red road from west to east across the center guardrail, fell to the ground injured after Wanglaotai.
 
Welcome to comment I want to comment
August 16, users in the Voices forum community love card car forum broke the news, Tianjin driver Xu Yunhe trouble. Allegedly, in October 2009, he saw an old lady across the road trip over the fence, then get off the front relief, but was treated as perpetrators prosecuted while driving, although judicial identified that the vehicle did not touch Xu Yunhe the old woman, but in August 2011 still ordered to pay the plaintiff 100,000 yuan. Xu Yunhe in the micro-Bo said, he has appealed to the Tianjin First Intermediate People's Court, at 15:30 on August 22 separating the first court. Net posts after issue caused an uproar, many friends address him this is a replica of "Peng Yu case."
 
 
 
Expert opinion
 
 
Hunan million and joint law firm lawyer Li Jian believes that this case, the Wanglaotai as the prosecution did not provide evidence to prove Xu Yunhe hit her, the court should not be hasty judgment, to consider the social impact, would rather miss, not miscarriage of justice would otherwise obliterated much of the heart of the only remaining public interest.
Users voice
@ Hanfeng average: according to Western law is suspected as innocent, interests owned by the defendant. If there is no evidence that someone is killing someone did not kill anyone. This means that if the old man can not prove it down and injured Xu Yunhe, Xu Yunhe is not liable. In fact, this case is very simple, the elderly do not have to take the zebra crossing across the fence, right and wrong at a glance. Judges found a suckers losing money trouble.
 
 
 
Appeal court of second instance recently accused
Xu Yunhe Wanglaotai argument and say different. Wang said that the day when she climbed center guardrail, the car hit his own leg promises he knocked bounce back, lying in front of the car, and fell to the ground.
@ Guo Zi: suddenly reminds me of the drug Xin thing! Although he was bloody cruel, but who can say that this is not the result of abnormal society
Peng Yu case: there are no winners in a lawsuit
 
ZK_ZHs: It seems a good thing can not be done, the price is too high.
 
 
@ Past smoke: every inexplicably moved after every heart ten thousand kinds of resentment.
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