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Recently, Lee shed a car accident case in Lantian County People's Court, on the trial, Lee shed compensation standards should be in accordance with the accounting standards of urban and rural areas has become the focus of debate in this case. Although Lee Shed is a teacher, but it is still rural household, recently, the Court of First Instance ruling families of Lee shed compensable funeral expenses, death compensation, dependents living expenses and a total of 28 million yuan ......
Lifetime
He worked as a substitute teacher in Lam Tin, because of family poverty, social contributions give him 43,756 yuan,nike tn pas cher, but he used the money in Lantian County, founded the Blue Bridge free kindergarten,louboutin pas cher, benefiting 33 students, he was known as "contemporary Wu Xun" "coolie educator."
The evening of August 2012 27 accompanied by harsh braking sound,http://www.postyourshavedpussy.com, 41 years old, he fell to the children to buy books on the way home, and then not wake up.
He is Lantian rim Lang Chuan Zhen Guan Cun people, Lee shed.
Event
He fell to the children to buy books on the way home
Lantian rim Lang Chuan Zhen Guan Cun Li Shed, born in 1971. 2008 autumn, Lee shed founded in Lantian Town Blue free "Blue Bridge Kindergarten", the summer of 2010, because kindergarten is not approval procedures, a lack of funds will continue running after the China Daily tracking reports, loving flock to the kindergarten, He was known as "contemporary Wu Xun", "coolie educator."
August 27,requin tn nike, 2012 morning, Li went to the shed upcoming school kindergarten children to buy textbooks, evening 7:40, he and Fan same village with a motorcycle to return home,http://bbs.yapaifs.cn/forum.php?mod=viewthread&tid=9461614, the line to State Road 312 at the time,http://www.melst.com/bbs/forum.php?mod=viewthread&tid=1117780, Yang Yan village, car accident, motorcycle fell to the ground, Lee shed and Fan were lying on the ground, 41-year-old Lee shed died instantly.
Debate
In the end what is the criteria to be considered by
Recently, Lee shed a car accident case in Lantian County People's Court, the trial,hogan uomo outlet, Lee shed compensation in accordance with the criteria to become the focus of debate, Lee shed families of funeral expenses, death compensation, dependents living expenses and other related costs a total of 63 million yuan.
Attorney believes that "the Supreme Court Civil Tribunal on rural residents often live in urban traffic accident casualties Reply how to calculate the damages" that should be based on the actual circumstances of the case,scarpe online hogan, combined with the victim domicile, habitual residence to other factors, to determine the applicable standard of personal damages, for household registration in rural areas,nike tn requin pas cher, but often residence and main source of income the victims were of the town, its costs related to damages shall be calculated according to the relevant standards of local urban residents.
Lawyers believe that Lee hut although rural household, but he was teacher of the people, there is Teacher and educator for 23 years and did not engage in the production and living in rural areas, have a fixed work to town as the main source of income,http://forum.youthcancercoalition.org/profile.php?id=9437, so its various compensation should be calculated according to town standards.
Wie accused party believes that Lee hut although substitute teachers, but has been a rural hukou household, not an official teachers in the series, it is not in accordance with the compensation standards urban hukou to count, after the trial, the court did not in court for sentencing.
First instance
Be awarded 28 million yuan Lee shed their families have refused to accept the appeal
Lantian County People's Court held that the defendant Wie violation of traffic regulations, major traffic accidents,piumini moncler, resulting in one death, have traffic crime,http://www.syriagaming.com/forum/viewtopic.php?pid=82250#p82250,nike tn requin, the fact that Wie Lantian County People's Procuratorate accused guilty of the crime of traffic accident establishment. The court held that the death of Lee shed families of compensation,air jordan soldes, dependents living expenses and other losses request compliance with the law, should be supported. Lee shed their families should be made to the calculation of urban residents, the court held that the lack of legal basis, not support.
March 19, 2013, Lantian County People's Court of first instance verdict: guilty Wie traffic accident crime, was sentenced to one year; incidental civil plaintiff Fan Xiaoling (Lee shed wife),woolrich outlet online, Li Xinwen (Lee Shed daughter) because Lee shed funeral death 19,521.50 yuan, 115,260 yuan compensation for death, dependents living expenses 102,http://bbs.7377.com/forum.php?mod=viewthread&tid=344065&fromuid=22483,300 yuan ,http://www.wlsmidc.com/forum.php?mod=viewthread&tid=566609&fromuid=55689, dependents living expenses 40,920 yuan, handling traffic accidents lost income, transportation fees 10,000 yuan, repairing motorcycles loss 1800 yuan and a total of 289,801.50 yuan. Incidental civil action undertaken by the responsible party's insurance company and, and pay a Fan of medical expenses, disability compensation and other 70267.70 yuan; defendant Wie's company jointly and severally liable.
Yesterday morning, Lee shed the families said that for the first instance verdict has been appealed to the Xi'an Intermediate People's Court, according to residents of the court judgment standard town.
Views
Meet two conditions may Towns standard compensation
Shaanxi Law Lawyer Chi said: according to the relevant provisions: household registration in rural areas of the right to compensation in the event of a road accident, has for more than a year living in towns, compensation for rights holders department full civil capacity of people to its stability as the main source of income of urban life, in calculating the amount of compensation can deal with urban residents.
"Reply supreme law also has legal validity." said, "Supreme People's court on a regular residence in the rural town of injuries due to traffic accidents Reply how to calculate the cost of compensation" is also referred to this problem, press Compensation urban residents to meet two conditions, one lived in the town, and second,requin nike pas cher, there is a stable source of income for the town.
Case
There are sites of migrant workers compensation injuries treated by town
Interview, the reporter learned that, in the case of Baqiao District had together,scarpe hogan, taking into account the first instance is the rural household, according to the town half the compensation execution, then the parties appeal, the Xi'an Intermediate People's Court ruling by urban standards.
2011, Sanyo Luomou working at a construction site broke the case when Baqiao District People's Court, according to half of the urban standard of compensation, while Luo refused to accept the verdicts, Xi'an Intermediate People's Court of Appeal. Xi'an Intermediate People's Court believes that Luomou recent years has been working in Xi'an,http://www.lalalafood.com/forum.php?mod=viewthread&tid=227960&fromuid=77453, and apply for a temporary residence permit to the town as the main source of income, so the disability compensation shall calculate the net income of urban residents. Subsequently, the Court of First Instance ruling changes the contents of the defendant Luo disability compensation and other compensation totaling 81,327.04 yuan.
Newspaper reporter Liu Lichun
(Original title: rural teachers accident case verdicts Lee Shed (FIG)) |
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