trafficked persons should apply the spirit of how compensation

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Henan Zhengzhou 27 Plaza, missing child's parents, on display at their own expense printed picture of a long lost child posters
A, abducted 17 years get 28 yuan compensation
 
To hear the verdict of the moment, Gan Zhenghong there is a feeling out of anger.
 
In 1993, 6-year-old son, Gan Zhenghong Gan Lin abducted by traffickers from Guangzhou to Fujian. Trafficking Gan Lin, is called a self-proclaimed "CHEN Guo" people. In 1993, Gan Zhenghong encountered near the Guangzhou Railway Station "CHEN Guo," Chen claimed was robbed on the train,http://www.renshouwang.com/home.php?mod=space&uid=327727, penniless. At that time, Gan Zhenghong see his poor would shelter him and let him in on the site responsible for their own work, and eat with their families. However, when the September 4, "CHEN Guo" dry full month at the site, after you receive wages, but with another worker Zhang Gan Lin will (now Wu Zhijian) abduction to Fujian.
 
Aiko abducted after Gan Zhenghong one looking, and once the debt cleared family wealth. In 2009, 21-year-old Gan Lin posted online information related to tracing. By this time, Gan Zhenghong let their son released information on a missing children called "baby home" sites. Eventually, they meet online, and in June 17, 2009 reunion.
 
December 2010, traffickers trafficking Gan Lin Qiu Wenlong (ie "CHEN Guo") is Guangzhou Yuexiu Mountain Area Court sentenced six years, Qiu did not appeal. During the trial of criminal cases, Gan Zhenghong brought to the court in a civil compensation, including compensation for material and moral damage compensation, but did not get the support of the court.
 
Thereafter, the Gan family to file a lawsuit in Haizhu district court, claims 170,000 yuan to traffickers for moral damages and losses pink dress 28 yuan. June 2, 2011, Haizhu District Court ruling on the case: a request Gan Zhenghong, Yang Zhifang, Gan Lin three plaintiff 170,000 yuan mental damages not support, and advocate for their economic losses of 28 yuan clothes , the defendant agrees, the court support. Case acceptance fee of 100 yuan,http://www3.kcn.ne.jp/~azrite/cgi-bin/fantasy2/fantasy.cgi, 90 yuan burden Gan Zhenghong plaintiff, the defendant the burden of 10 yuan.
 
Son was abducted 17 years, but only received compensation of 28 yuan, 90 yuan but also the burden of processing fees, Gan Zhenghong said he would appeal.
 
B, the decision was unreasonable legal
 
Incidental civil action and a separate civil litigation, Gan Lin family's request for compensation for moral damage were not supported.
 
In this regard, legal scholars are unanimous decision "unreasonable but legitimate."
 
Civil Procedure Law Professor Wang NCEPU cotton that Article 36 of the Penal Code: As a crime victim has suffered economic losses,giubbotti moncler, the criminals shall be given in addition to criminal penalties, and compensation for economic losses should be sentenced accordingly. Article 77 Code of Criminal Procedure states: Because the defendant's criminal conduct victim has suffered material losses, in criminal proceedings, the right to file an incidental civil action. According to these two, criminal with civil compensation for material damage only, without compensation for moral damage.
 
Haizhu District Court did not support the request for compensation for moral damage, based on a 2002 Supreme People's Court, "the People's Court on the admissibility of victims in criminal cases bring the spirit of civil action for damages approved the issue," the provisions of the approved "after the criminal case has been concluded, the victim separately bring the spirit of civil action for damages, the court is inadmissible. " According to the court rejected their claims for compensation for moral damage judgment.
 
Acting Gan Lin case  lawyer that "approval" in the separate civil action for damages brought the spirit of the provisions of the rights, should belong to the category "basic civil system" and "litigation system", according to the provisions of the legislation law, such matters "only You can make laws. "
 
In this regard, Professor Wang Xuemian believes that the Supreme Court's approval is no problem, "legislative law: the law of the Standing Committee of the National People's Congress interpret the law has the same effect with the provision of a clear legal interpretation and validity and legal equivalents. People's Court Organization Act: Supreme People's Court for the trial of how the specific application of laws and decrees, the interpretation of the supreme law of judicial interpretation of the provisions made in view of the legal interpretation by the NPC and its Standing Committee to operate it. difficulties and can not meet the timeliness needs. Therefore, for decades, the NPC and its Standing Committee has never denied the judicial interpretation of the Supreme Court. convention thus formed is made by the supreme law of judicial interpretation of the effectiveness equivalent to law, people's courts Judgments are binding. "
 
China University of Political Science expert  Civil and Commercial Law also believes that the case of judgment "legal but unreasonable."
 
"The court at the trial that the effectiveness of the supreme law of judicial interpretation made equivalent to the law, there is no problem. If a judicial interpretation of the irrational, the supreme law would revoke the judicial interpretation, but the" approved "more than a decade has not revoked,http://www.dayoubbs.com/thread-2288453-1-1.html, the court of course, think that this judicial interpretation is reasonable, and thus will serve as basis for the trial. "Professor Li Xiandong said.
 
C, trafficked persons, mostly to give up civil claims
 
Earlier, the Ministry of Public Security office to combat trafficking in women and children crime  main canal in a media interview that began in April 2009 since the crackdown special action of the Fifth National uncovered cases of trafficking in women since 6574, cases of child trafficking since 4595, destroyed 2757 criminal gangs, trafficking suspects detained 17,486 people,louboutin, these fugitives arrested 3044 people, 6785 people rescued abducted children, women 11,839 people.
 
The 2010 annual report released by the Supreme People's Court,http://libir.soka.ac.jp, in line with the national "crackdown" campaign, severely punish the crime of trafficking in women and children, in 2010 the national total of concluded criminal cases of trafficking in women and children 1924, 3817 people sentenced offenders, an increase of 14.8 respectively % and 52.47%.
 
In these cases,http://wap.txhjly.com/forum.php?mod=viewthread&tid=110492, traffickers are punished, while buying abducted women and children who are rarely held accountable. Gan Lin Case, traffickers Qiu Wenlong was sentenced to six years, but people did not buy Gan Lin punished. Another common phenomenon is that trafficked persons and their families rarely a civil compensation to the traffickers.
 
"This happens with the relevant provisions of the Criminal Law concerning." Criminal Law professor Wu Ming China University of Political Science said, "our country deemed to have committed forty-one states: buying abducted women and children, in accordance with the wishes bought by women,http://www.warmovie.com, not hinder their return to their original place of residence, for not abusing bought children and not obstructing efforts to rescue them,chaussures nike pas cher, we can not be held criminally responsible. "
 
According to the understanding of ordinary people, trafficking in women and children first because of this demand, if the person trafficked is no market, the traffickers will not take risks to human trafficking naturally, if you do not block the acquisition of the channel of the population, human trafficking market difficult completely destroyed. Therefore, this provision of criminal law is accused of letting a lot of people buy people who indirectly contributed to the trafficking in women and children. Prior to this, China University of Political Science Professor Ruan Qilin has proposed to add "the crime of illegal acquisition of the population", the population's buying criminally prosecuted in the criminal law.
 
"I can not simply think that people who buy the Penal faire." Professor Wu Ming, criminal law so provides, mainly by buying complex demographic realities decision. Now many people simply buy children to raise children, not because they bought the children to them all conviction, they do have this need. As long as they do not impede the child return to their original place of residence, bought children and not abuse, not obstructing efforts to rescue, we can not hold them criminally responsible. The provisions of the criminal law and the reality of the situation is consistent conducive rescued trafficked women and children.
 
Few trafficked persons for a civil compensation phenomenon, Cai Jianfeng lawyers believe that, first, because, after all, a lot of people feel that their kids have found, the purpose has been achieved, they gave up claims; the second is to consider a claim is subject to a lot of time and no ability to provide compensation , to nothing; the third is a civil action in this area is difficult,http://www.88822.com/#03666/read.php?tid=980, and some children abducted for over ten years or even longer, too much time in the proceedings is very troublesome.
 
"The key issue is not the ability to compensate the victims of traffickers. Traffickers after being held criminally responsible, it was taken to prison, there is no ability to provide compensation." Wang told reporters cotton.
 
D, smooth advocate the spirit of compensation to traffickers legal channels
 
So, trafficked persons should apply the spirit of how compensation?
 
Professor Wang Xuemian that, at present, seems to be the spirit of damages achieve through three paths: First, the incidental civil action, together with the substance and spirit of compensation for damages; the second is merely incidental civil action requested material damages,tiffany roma, afterwards filed separate civil action for compensation for moral damage; the third is not to bring criminal incidental civil action after the completion of criminal proceedings, and then bring a civil action for damages together with the substance and spirit of the damages. Under the current judicial interpretation, the first and second path will not work, leaving only the third path.
 
"From a legal perspective, the negative first path is obviously not appropriate because it would lead to claim compensation for moral damage victims can only give incidental civil action, at the end of the criminal proceedings and then separately filed civil action. This is clearly a waste of judicial resources, added to the party defendants tired, but not modified before the Code of Criminal Procedure, the judicial interpretation of the Supreme Court there is no problem. This is why the case was legal but unreasonable judgment reason. "Professor Wang Xuemian representation.
 
"In addition, the parties have put forward in the criminal incidental civil action for damages in the matter after the end of the proceedings and asked for compensation for moral damage, which was of the same dispute, but because on the one hand do not allow the spirit of the victim asked for damages in criminal incidental civil action during and after the and advocate bis in idem, apparently unreasonable. In fact, as long as the Code of Criminal Procedure Article 77 'material losses' in the 'substance' word removed, the victim can use two incidental civil action and civil action path advocated compensation for moral damage. "Professor Wang Xuemian said.
 
"Victims in criminal cases such as requiring compensation for moral damage, do not bring criminal incidental civil action, only after the completion of criminal proceedings, and then filed a separate civil action can be advocated compensation for material losses and mental damages." Professor Wang Xuemian He told reporters.
 
And Professor Li Xiandong believe spiritual compensation can be changed by way of material compensation claims. "Although the provisions of the Tort Liability Act severely mental damage has been infringed may request compensation for moral damage. But according to the current Code of Criminal Procedure, the spirit of the compensation is very difficult, so the spirit of the compensation can be changed to material compensation, as long as the substance has been proved damage can claim compensation, however, requires material compensation must be evidence that has been compromised. "Professor Li Xiandong representation.
 
In this regard, Cai Jianfeng lawyers called for the trial of the case is a civil action for compensation by traffickers foot, with a good law, civil judgments through a real deterrent to crime, to compensate victims of the moral and material damage caused by such criminal violations. In addition, he reminded the parents of abducted children, to leave all the evidence suffered economic losses and mental damage as much as possible in the process of looking for children to prepare for the claim for future use.
 
In the interview, Gan Lin Yang Zhifang's mother told reporters,http://brest-hockey.by, Gan Lin came back to Fujian, but this time, he was going there to work, he said there had been a friend for him.
 
Law Article Link
 
Criminal law
 
Article 36 If a victim has suffered due to criminal acts of economic losses, the criminals shall be given in addition to criminal penalties, and compensation for economic losses should be sentenced accordingly.
 
Code of criminal procedure
 
Article 77 since the defendant's criminal conduct victim has suffered material losses, in criminal proceedings, the right to file an incidental civil action.
 
"People's Court on the admissibility of victims in criminal cases bring the spirit of civil action for damages issue of approval"
 
For criminal cases, the defendant's criminal conduct because the victim suffered moral damage incidental civil action filed or after the conclusion of the criminal case, the victim filed a separate civil action for compensation for moral damage, the court inadmissible.
 
Tort Liability Act
 
Article infringer for the same act should bear administrative or criminal liability does not affect tort liability. For the same act shall assume the tort liability and administrative liability, criminal liability, the infringer's property is insufficient to pay the first tort liability.
 
Article 22 infringes personal rights and interests, causing serious mental harm to others,tiffany roma, has been infringed may request compensation for moral damage.
 
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