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发表于 2014-12-3 05:05:36 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
Wan Jinfeng never thought I would be known as the world's top 500 enterprises with Wal-Mart to court,giubbotti woolrich prezzi.
Square Jinfeng said that on April 18, she and her son Yue (a pseudonym) to go to Wal-Mart shopping, the son of a supermarket employee was forcibly searched. After that, Wan Jinfeng require Wal-Mart an apology and compensation for mental damages, have been rejected.
Her paper petition Wal-Mart Stores, Inc. SZITIC Nanchang Jiefang West Road (hereinafter referred to as the "Wal-Mart Jiefang West Road") to court. Court of first instance store "search" behavior was established to compensate the plaintiff 5,000 yuan. Wal-Mart has Nanchang Intermediate People's Court of Appeal.
Walmart First Instance sentenced to apologize and lose money
Walmart was "searched"
April 18 morning, Wan Jinfeng small mountain with his son arrived at the Nanchang Jiefang West Road Wal-Mart shopping. After checkout, they are ready to leave the supermarket, the door alarm rang. Female employees a Mingwoerma supermarket came to see the square Jinfeng shopping basket of goods and did not find a way to alarm alarm items. Then she put gaze shifted to the small mountain body.
"I was asked to take his son did something son said no. But the supermarket staff forcibly searched my son's body, from the search to the next. Found no things, repeatedly touch." Wan Jinfeng gestures with both hands searched for Action said.
As to why the alarm will sound, who do not know, it is certain that, Wan Yue Jinfeng and son who did not find out without payment to privately supermarket goods. At this time, Wan Jinfeng excited. "I am the mother of the child, they did not ask for my consent to my son's body found, it is not infringing it? Also attracted a lot of people watching, clearly see my son as a thief." Wan Jinfeng immediately asked Wal-Mart Just explanation for the behavior. But the other said, supermarket staff just "checking the alarm sounding reasons."
Shopping turmoil after one week, a small mountain in the school and broke his arm,http://www.kaz32.com/cgi-bin/nextbbs.cgi?mode=form&no=466&page=,prezzi moncler donna, spent 1,300 yuan cost of treatment. In Wan Jinfeng view, his son before being injured and "search" experience not unrelated. "Rang the alarm can be found on the child's body it? My son was a primary school, was as a thief,sito ufficiale moncler piumini, his injury be? I asked my son to apologize to Wal-Mart and 2000 yuan compensation for mental damages,piumini moncler outlet online, but they do not willing. "
Police said the supermarket employees took child pocket
For a description of Wan Jinfeng, Wal-Mart has a different view. "It was the behavior of the staff of the consent of the consumer's consent,ciondolo tiffany prezzo, so there is no 'frisked' one said." Wal-Mart says a customer service staff.
According to Wal-Mart staff, deputy general manager Wu Xing and the day after the incident came to the scene in charge. "Miss Wan, vice president has apologized verbally, when we presented some commodities willingness to apologize, but she refused. After a period of time,http://www.e-gan.net/forum.php?mod=viewthread&tid=747147, she said the child falls, and wants us to bear the cost of medicines, such a requirement is unreasonable . "
Yang Yi Nanchang area Walmart Affairs Manager, said things Houwoerma internal investigation on the matter and concluded that "there is no customer behavior in any searches." As for the specific aspects of the investigation, there is no invitation to assist in the investigation and other parties and witnesses, he refused to answer.
Reporters asked to see the surveillance video incident,http://www.postyourasian.com, Wal-Mart has been rejected. Reporters tried to interview for a small mountain to check female employees also rejected.
It is reported that the incident had ten thousand Jinfeng dial "110", several police Xu Square police station rushed to the scene and saw the surveillance video transfer. Wan Fang Xu Jinfeng issued to the police station "on April 18 at Wal-Mart out of the police note,woolrich polar parka," and "victim Wan Jinfeng accused Wal-body search of her child, when the child Wan Guo Jinfeng security at Wal-Mart, the alarm sounded alarm,http://tw-politics.info/bbs/viewthread.php?tid=16604000&extra=, security at a waitress patting the child's pocket. "
Court of First Instance found Wal-infringement
June 18,hogan scarpe prezzi, Wan Jinfeng sued Wal-Mart on behalf of his son Jiefang West Road, requesting the court to Wal-Mart Jiefang West Road in the local public media to its apology, compensation for mental damages, 30,000 yuan, as well as counseling fee of 3,http://www.qinzhoubbs.com/forum.php?mod=viewthread&tid=10658&fromuid=2221,000 yuan.
August 27, south of Nanchang Qingyun Pu District People's Court court hearing the case.
October 21, Wan Jinfeng  attorney,giubbotti peuterey outlet, said in an interview with reporters, in court, the plaintiff said that citizens' personal freedom is inviolable. Unlawful detention and other unlawful deprivation or restriction of personal freedom of citizens, citizens against unlawful search of the body.
The court found that a small mountain as a minor, was not conducive to collect evidence in a particular environment, as supermarket operator, a dominant advantage in gathering evidence and choose the right way to solve the problem, the response behavior of its legality, legitimacy will be described.
The court held that "shoot pocket" behavior is a "search" behavior,hogan interactive donna, supermarkets as a business, the right to search a citizen's own body. According to rules of evidence, the court finds that the defendant has a right to conduct a search of the behavior of the plaintiff.
September 13, the Court of First Instance ruled that the defendant Mart Jiefang West Road at the entrance to his shop supermarket bulletin posted an apology to the plaintiff, and one-time compensation for the plaintiff small mountain spirit of solatium 5000 yuan. As for psychological counseling fees,moncler quincy, due to the plaintiff to provide evidence to prove that the court be dismissed.
The defendant appealed that "shoot pocket" is not a body search
Results of the verdict does not make square Jinfeng satisfaction. "Wal-Mart must apologize to my son, to admit their mistakes." As for compensation, she frankly did not expect so much. "Compared to the child suffered heart damage,hogan scarpe uomo 2014,http://www.hotfree.org/forum.php?mod=viewthread&tid=101289&fromuid=316, 5000 yuan and not that much."
There is dissatisfaction with the verdict Mart Jiefang West Road. Wal-Mart believes that due to the customer through the security alarm sounded, shopping malls based on the "self-help" fishes behavior plaintiff "shoot pocket", the act does not constitute infringement. More importantly, in addition to the share, "a police note", the evidence submitted to the court and the plaintiff can not prove the existence of "search" facts behavior. And even if there is "beat pocket" behavior, it should not be considered a "search" behavior. In their view, the "search" is the search and examination on the body, "Consumer Protection Act" only refers to "not search the body of consumers,http://www.freebit.com/manual/ubiqmail/h.php?id=vpass," does not refer to "shoot pocket" behavior.
"For the first trial,sconti woolrich, I think that some questionable places." Wal-Mart attorney mountains of First Instance said in an interview: "shoot pocket" whether they are shopping, "self-help" behavior,http://weiliu.longhoo.net/bbs/forum.php?mod=viewthread&tid=1471370, their behavior is beyond the "reasonable limits", leading to the first trial critical verdict.
September 26, Jiefang West Road Wal-Mart appealed to the Nanchang Intermediate People's Court.
Currently, Nanchang Intermediate People's Court has accepted the appeal of Wal-Mart Jiefang West Road.
Text / Chart reporter Qi Tao
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