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发表于 2015-7-4 13:41:29 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
 
 
 
Reporter's notes
 
 
 
It is knocked down  Or propped up  Similar disputes are frequent in newspapers, and almost every time the two sides are uncompromising,http://czpxhy.com/forum.php?mod=viewthread&tid=10711, truth is always confusing.
"Good judgment, reason and law should be unified."
Second instance: the trial verdict be revoked defect
Corridor, a Qixunlaotai, a seven year old child, another fall. The debate began. Butt or help people  Xi Jie said, when she was knocked down neighborhood kids, seven disability. 7-year-old Yang Bing (a pseudonym) said that he was to pick her up to see the old man fell.
 
August 29, 2011, the city community junior peach street scene, 72-year-old woman was walking in the street when Xiemou tricycle knocked down from behind, resulting in the left femoral neck fracture. Later, Xiemou thought was in the car side playing 9-year-old boy Xiao Ming (pseudonym) committed, then the prosecution to the court a claim of nearly 40,000 yuan. And Xiao Ming and his family insisted that no carts butt.
[First-instance judgment] Yuhua district court held that Zhang Granny falls,http://www.chavv.com/forum.php?mod=viewthread&tid=50366&extra=, only 7 years old Yang Bing presence and physical contact between the two sides, and the reasons for the fall, both sides argued. Granny Zhang Yang Bing said it was being knocked down, and Yang Bing said it was her own fall, both sides there is no evidence, so Zhang Granny claim compensation for lack of evidence, but given the facts of this case, Granny Zhang Yang soldiers should be given appropriate compensation and comprehensive bilateral economic situation, Yang Bing should be compensated 30,000 yuan.
[Upheld] Changsha Intermediate People's Court that, Granny Zhang said Yang soldiers knocked her down, but does not provide sufficient evidence, the court shall not support. The trial court in accordance with the "Civil Law" which states: "The parties are not at fault for the damage, according to the actual circumstances share civil liability", but the case does not belong to the situation through no fault of the parties, so the trial verdict ill conceived, be corrected according to the law.
 
Related Stories
 
■ intern reporter Guo Chan Zhang Liu Weizai
[Hefei] Qixunlaotai hit, sued nine age children Claims
In the example above dispute is still the case, but both sides a seven-year-olds is, one is no civil capacity of 7-year-old child. "Supporting the elderly," this is not a big thing, but the occurrence of many similar incidents, I do not know when, but the old man reached out to help a declarative replaced by an interrogative, even authorities also launched a tirade on this "technical specification "give guidance. As a original instinctive action, even become so "rational" and "hesitation", people can not help heart is feeling.
 
Verdict
 
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"After returning home, I carefully asked the children, he said the old lady is his fall, he wanted to help her up, but the 7-year-olds a small effort, help can not afford to, so there is physical contact." Yang said. More than a year later, Zhang Granny's family repeatedly come to seek compensation, the community also intervened to mediate, but to no avail. December 16, 2010, Granny Zhang Yuhua District People's Court to to Yang and his son claims more than 120,http://www.jqwst.com/forum.php?mod=viewthread&tid=76272,000 yuan.
 
 
 
Claiming to be 2 years old child riding a bike crashed into the right femoral neck fracture in children, to eight disabled, 69-year-old Wang after the incident the 2-year-old aircraft and his father to court, claims 15 million yuan. The small aircraft family believes that Wang is they do not accidentally cause unexpected falls, nothing to do with their children. The case is still no result in up to two years after experiencing consideration.
■ Comics / Wang Jue
Xijie the child and guardian court. Changsha Yuhua District People's Court, Yang Bing compensation 30,000 yuan. The defendant appealed,http://vips.discus.me/home.php?mod=space&uid=79231&do=blog&quickforward=1&id=139186, but both sides are unable to provide sufficient evidence during the past three years,chaussures louboutin hommes, the case is suspended without knot. Recently,louboutin soldes, the Changsha Intermediate People's Court to reopen the case and make a second trial, the overthrow of the original verdict: Yang Bing, a no liability.
 
Lawyers Reviews
When questions become declarative
[Shenzhen] old people walking down, and sued the two children age claims
 
Everyone will grow old, then people will have a strong day become vulnerable. So whether the news is "bad unruly Granny" in false person, or perpetrators butt again, "kicked in the teeth" in the fall to see the old man, we should help him out of an instinct.
 
 
Bing Yang's father Yang Wei introduced, February 21, 2009, Yang soldiers came home from school, passing downstairs and saw the neighbor Granny Zhang fall, he immediately stepped forward to help him. In other neighbor's cries, Yang Bing's grandfather ran downstairs to see reality it is Zhanglao hold tight clutching crying grandson scene,http://www.healthcarehall.com/viewnews-48120.shtml, Granny Zhang said Yang soldiers knocked her down, and Young soldiers then cry more than speechless. Yang said that they rushed out, quickly put Granny Zhang to the hospital the next day, also pad 1,500 yuan for medical expenses. Zhanglao queen was identified as seven disability.
Yang Bing is 11 years old this year, grade five, who lives in Shah Mi Ridge community. More than three years ago, he was involved in a little older than two years of continuing the lawsuit, after he had to turn to the field of study.
"After the first trial, we insist on the appeal is to help the children, why do we lose money " Yang also shows that most of the medical expenses of the elderly have Medicare reimbursement, while he and his wife Department of unemployed,http://bbs.shenmay.com/thread-56697-1-1.html, without any fixed property, "the Court of First Instance 'comprehensive bilateral economic circumstances' judgment also made unreasonable." Later, the newspaper group legal aid lawyer, Beijing law firm Changsha branch of Wang Zhenlin lawyers to provide them with legal assistance. In early June of this year, Yang received a final judgment of the Changsha Intermediate People's Court, the court revoked the first instance verdict, dismissed all the claims of Mrs Zhang.
 
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Event: Granny falls old boy sued 7
"A good civil judgments, should be unified feeling, reason and law, not only to help solve the case, but also on the social behavior guidelines." Adjunct Professor of Law, Xiangtan University, Hunan Golden State law firm Chen ordinary lawyers believe that in the present case, the infringement occurred, the need for infringement of the consequences, but also the existence of a causal relationship between the two, but to prove causation The lack of evidence. Court of second instance verdict in accordance with the law,tiffany outlet online, taking into account the social effects, starting from the human side of goodness, help promote social virtues.
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