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Minhou 5 dead 2 injured in a car accident, as a result of the relevant provisions of the taxi passenger management approach legal gaps exist, the court refer to "deal with railway accidents Regulations" ruling
Zhang Hongpeng newspaper reporter trainee reporter intern Lin Liang Xie Valley plan
February 15, 2010,louboutin homme prix, Min Hou Zhuqi tragic accident occurred,air max 1 noir, two vehicles collided five dead 2 injured.
36-year-old Chen Han (a pseudonym) is one of the two survivors of the accident, his wife and daughter, but had only 4 years old,moncler bambini prezzi, was killed in a car accident. In June,?giubbotti peuterey donna, he told Minqing County, Fuzhou court to require taxi company 1.09 million yuan compensation for economic losses.
Recently, Minqing County Court of First Instance decision,prix moncler, based on each of the deceased will be 150,basket asics femme pas cher,000 yuan compensation for "railway accident investigation and handling of emergency relief and Regulations" (hereinafter referred to as "railway accident Treatment"), injured 10,000 is eligible for compensation .
This means, Chen Han and his wife and daughter killed three people will only get 310,boutique moncler paris,000 yuan of economic compensation.
"Obviously was a road traffic accident,woolrich outlet online, why apply the Regulations of railway accidents ruling it " Chen Han puzzled.
Minqing court case related to the judge said that because the relevant provisions of the taxi passenger management approach legal gaps exist, so the court can only refer to "deal with railway accidents Regulations" ruling.
Taxi car accident
Railway Standard pay 150,000 yuan per person dead
February 15, 2010 afternoon, Chen Han and his wife and 4-year-old daughter from a taxi ride back to Fuzhou minqing. The way, the taxi collided with a black car,air max thea homme, seven occupants in five deaths,outlet woolrich bologna, only cold and black car driver Chen Wu Mouxing survive.
By the end of February, Chen Han received Minhou County Public Security Bureau Traffic Police Brigade patrol sent traffic accident.
Confirmation pointed out that drinking and driving a black car driver crossed the center line of the road to the opposite lane, colliding with the taxi happen,hollister co, should take full responsibility for this accident.
Chen Chen Xue Han's sister (a pseudonym) said that although the accident car driver in this accident should take full responsibility,woolrich outlet roma, but taking into account that it can not bear the huge compensation, so they chose the taxi company to court.
In June this year, Chen Han court official to minqing formal proceedings to taxi companies without security escort passengers to their destination, there is a breach of the grounds, the taxi company officials Jiangmou court,saldi woolrich roma, and to its claim 1.09 million yuan of economic losses.
Minqing court verdict that the plaintiff Chen Han and his wife and daughter to take a taxi, the two sides have formed a contractual relationship passenger, the driver of the carrier did not reach the destination will be the safety of passengers, resulting in the death car,achat louboutin pas cher, has been a breach of contract. According to relevant regulations, "People's Republic of China Contract Law" (hereinafter referred to as the "Contract Law"), the defendant shall bear civil liability Jiangmou.
As for how to compensate  Verdict pointed out that under article 21 and the relevant provisions of the "Regulations of railway accidents,louboutin pigalle prix boutique," the State Council promulgated the "People's Republic of China Road Transport Regulations" (hereinafter referred to as the "Road Transport Regulations"), each of the deceased will be economic losses 150 000 Yuan.
Court: Legal missing
Judgment only by rail accidents
"Why would reference the Highway Traffic Regulations of railway accidents judgment " Chen Xue was very puzzled, she later went through the specialized "Road Transport Regulations" found that one of the provisions of Article 82, a taxi passenger and a city bus passenger management measures shall be prescribed by the State Council.
In this regard, the case of Minqing County People's Court Judge Huang Shun Zhou explained, given there is no infringement of the defendant's vehicle (car full responsibility) in the accident, the plaintiff asked the defendant for damages in accordance with the road traffic accident personal loss, there is no legal basis for the amount of their compensation can only refer to "Road Transport Regulations" and "Regulations of railway accidents."
Huang Shun Zhou said Chen Xue said, "Road Transport Regulations," Article 82 which does exist, the State Department has not developed the relevant provisions of the taxi passenger and city bus passenger management approach, for which they only refer to "railroad make judgments accident Disposal Ordinance. "
Huang Shun Zhou also said that if the family members expressed dissatisfaction with the first instance verdict, they can appeal again to the second trial.
Expert opinion
Trial court
Legal unreasonable
"The trial court was legally unreasonable." Fujian Normal University, Associate Professor of Law 丁兆 Zeng said, because the State Department has not issued for a taxi passenger and city bus passenger management approach, the Court refer to "deal with railway accidents Regulations" ruling is legitimate a.
However,peuterey sito, Professor Ding Fu also said that the verdict is unreasonable, according to the spirit of national legislation,peuterey abbigliamento, the legislative purpose and legislative point of view, the purpose of the law is supposed to consistency and fairness of rights and obligations. According to state regulations, residents of urban household has died in a car accident, the general should have access to nearly 400,asics nimbus,000 deaths in damages.
Meanwhile, road transport regulations are administrative regulations of the State Council,woolrich sito ufficiale, the lower its legal effect, if the higher law (such as the "Contract Law") has made the relevant provisions, provisions should be administered "Contract Law".
For the legal gaps that appear in this case, Professor Ding Fu hope the relevant state departments to respect the value of life,moncler gilet, legislation as soon as possible, and to repeal some of the value of life is not suitable laws and regulations.
Note: The first paragraph of Article 33, "railway accident investigation and handling of emergency relief and Regulations": accident causing personal injury and railway passenger cabin luggage loss, railway transport enterprise liability limits for each rail passenger personal injury to 150,000 yuan for each rail passenger cabin luggage liability limits for loss of 2000 yuan.
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