 Posted: Mon 3:13, 19 Aug 2013 Post subject: Girl killed by a train Zhuangfei sentenced to bear |
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| 's daughter was only four years old gallop came from Zhejiang Jinhua-Wenzhou Railway Development Limited trading as 5108 times Zhuangfei to train railway side grass. Then Zhang daughter was rushed to hospital, and ultimately heal died. This day is January 25, 2009 afternoon. After her daughter died, Zhang found the first couple of Zhejiang Jinhua-Wenzhou Railway Railway operating units Development Co., Ltd., the company requested an apology and compensation for all economic losses. But after several negotiations, Jinhua-Wenzhou railway company refused to recognize the existence of fault, even Zhang couples to show the past, "train butt Zhuangliaobaizhuang" case, ultimately only promised compensation for economic losses of 3000 yuan on. Train butt really Zhuanglebaizhuang Zhang couples do decide to embark legal rights of way. Conventionally, railroad personal injury compensation disputes generally the exclusive jurisdiction of the court hearing by rail, but in view of possible departmental protectionism, to the railway court Zhang and his wife might not be conducive to the protection of interests. Therefore, the couple's agent Zhang Li Yicheng lawyer advised Xianxiang accident occurred grassroots court. But by the "Railway courts exclusive jurisdiction," the impact of personal injury compensation cases rarely railway to local grass-roots court, Lucheng District People's Court filing court staff under the jurisdiction of the case was initially questioned. Li Yicheng that the Civil Procedure Act does not explicitly state railway traffic causing bodily harm cases belong to the exclusive jurisdiction of the case. Supreme Court "on railway transport courts of economic disputes jurisdiction provides that" Article XI, railway transportation court may accept "railway traffic, shunting causes personal injury or property damage, the plaintiff chose to sue for infringement Railway Transport Court disputes. " According to the interpretation of this clause understanding, the parties may choose railway court, of course, can also choose other court of competent jurisdiction. Final Wenzhou District People's Court decided to be placed on file. So Zhang and his wife became first indicted by the Wenzhou area grassroots courts railroad personal injury compensation disputes. Verdict broke nearly 30 years of "iron rules" Zhang couples sued, said: railway through the village, near the village houses, there are people on the railway line level, but did not set up any effective isolation railings and other protective measures, the child can easily took to the railroad. The edge section of the incident did not set warning signs, there is no duty nursing. In addition, the road accident along the tall weeds and trees have not been promptly removed, the train too fast, these are the reasons for the accident. Jinhua-Wenzhou Railway Company For safety, there are significant fault, their daughter's death should take full responsibility. Jinhua-Wenzhou railway company argued that the accident was due to the small girl walking on the railway line caused before the incident, the train is operating normally, but after the dangerous, the train whistle and timely warning,hogan outlet, emergency brake. According to regulations, the railway transport enterprises due to force majeure or because of the victim's own reasons, such as walking on the railway line,louboutin, personal injury or death caused by sitting and lying, not liable for damages. The rail on both sides did not set up isolation fence, warning signs and poor management, excessive speed and other reasons, they believe that there is no basis, and no causal relationship with the accident. They think that the little girl's parents are negligent care, which leads to this accident happened, the little girl's parents should bear all the legal consequences. Jinhua-Wenzhou railway company took legal basis is Article 58 of the Railway Act provisions. Court after hearing that the victim Zhang Department daughter no capacity for civil conduct, his guardian did not try to put it into legal guardianship obligations danger zone is the main reason for the accident led to the present case; defendant as a railway line management responsibility to protect obligations unit is not set up around the railway safety measures,gucci outlet, security risks, do not take active measures to be excluded,hollister, there are some fault; according to the degree of fault of both parties, the plaintiff should bear 80% of the responsibility, the defendant should bear 20% of the responsibilities. Lucheng court verdict "Iron boss" bear 20% of the liability, in fact, has broken the "butt Zhuangliaobaizhuang" and "iron rules." What can the second instance with "Iron boss" contest verdict has been identified although Jinwen railway company is at fault, but only ordered its bear secondary responsibility of only 20%, which is unacceptable Zhang couples. Thus, Zhang and his wife decided to continue to challenge the "Iron boss", the Wenzhou Intermediate People's Court of Appeal. March 2, 2010, the Supreme Court promulgated the "Supreme People's Court on the trial of railway transport personal injury compensation Disputes Interpretation of Several Issues", the implementation date is March 16, 2010. The judicial interpretation of Article VIII clearly states: "The railway transportation capacity for civil conduct caused no physical damage, railway transport enterprise shall be liable for compensation; guardian at fault,hogan, according to the degree of fault to reduce the liability of the railway transport enterprise, but the railway transport enterprises 's liability shall not be less than a total loss of fifty percent. "In view of the above that may have an important impact on the case of the latest judicial interpretation began March 16, the couple's representative Zhang Li Yicheng lawyer forthwith new judicial interpretation of the provisions of the legal basis for submission as a new court of second instance. May 12, 2010, Wenzhou Intermediate People's Court after the verdict according to law, that "Supreme Court to hear rail transport personal injury compensation Disputes Interpretation of Several Issues" Since March 16, 2010 shall come into force , apply in this case. The case where the victims are no capacity for civil conduct,louboutin pas cher, that failed to fulfill their legal guardian guardianship duties,louboutin pas cher, resulting in the victim out of regulation, walking on the railway line, and in dangerous situations, there is a fault,gucci, should alleviate Jin Wen railway company's liability. Comprehensive case the actual situation, the court determined appellant Jinhua-Wenzhou railway companies bear 70% of the liability. And change the sentence Zhang Jinhua-Wenzhou railway company to compensate couple for medical expenses, compensation for death, funeral expenses, mental solatium total of 179,410.8 yuan. Thus, early in 2009 occurred in Wenzhou, which gave the driver a train case was finally settled. It is reported that the case is also the railway sector since the first case of liability, "the train butt Zhuanglebaizhuang you" also have the answer: It is not white hit, train butt equally liable for compensation according to the law of civil liability, or even to bear primary liability. □ relevant background Once upon a time, the train butt really have "Zhuangliaobaizhuang" of the phenomenon. Article 58 of Railway Act provides that "due to railway traffic accidents and other rail operators personal injury caused by the accident, railway transport enterprise shall be liable for compensation; if personal injury is due to force majeure or because of the victim's own causes, railway Transportation companies are not liable. "" railway accident investigation and handling of emergency rescue and Regulations "Article 32 also states: Railway" personal injury caused by the accident, railway transport enterprise shall be liable for compensation; however suffer personal injury or force majeure people's own causes, railway transport enterprise is not liable. " Among them, "the victim's own cause" to include pedestrians on the railway crossing, stay. Thus, "the victim for their own reasons" became railway transport enterprise "exemption",louboutin pas cher, "Zhuanglebaizhuang" and "legal" reasons. According to these provisions, the train killed a pedestrian,hollister outlet, the railway sector generally last only a few hundred dollars of humanitarian (relief burial fees and charges) relief, compensation for such instances in the whole country a few. In practice, people challenge the "Iron boss" Claims cases, railways rarely lost. Affected people because of the railway accident personal injury case to court is also rare.
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