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发表于 2014-10-12 03:20:37 | 只看该作者 回帖奖励 |倒序浏览 |阅读模式
32 years ago, 49-year-old mother Xurui E is a heaven wood took his life. 32 years later, the 63-year-old son, Zheng Changgeng finally have a court summons ......
32 years ago, his mother suffered indignity
"I will never forget that day, after the wood from heaven Flanagan claimed the lives of mothers, 'happy' word is insulated with our family." Recalls occurred in that scene 32 years ago, home in Xi'an Zheng Changgeng South Second Ring a district still has to fight back the tears welling.
February 1978, Zheng Changgeng father, was admitted to the First Hospital of Xi'an emphysema,http://1.ts.cn/home.php?mod=space&uid=47708&do=blog&quickforward=1&id=5890310, then at 17:30 on February 24, his mother and sister to the hospital to visit after going home,moncler online outlet, "when the hospital a building still under construction, when they are through the door from the inpatient to the hospital only way, one of about two meters long, square wood fell from a height of head hit my mother, my sister is also affected by the injury, they were sent to the scene of the masses hospital emergency room, etc. When I arrived only to see his mother's body, when the mother was 49 years old. " Zheng Changgeng said his father died in an accident that his mother sister injured after the news, as to withstand the blow, after a year has passed away.
At the time, Zheng Changgeng received the alarm, South Street police station on-site investigation, Beilin Public Security Bureau after the investigation found that the accident take full responsibility for the construction side of the first construction company in Xi'an. "But the first construction company in Xi'an has never admitted it relevant to them,louboutin femme pas cher, but also rejects any responsibility, public security departments summoned never appeared and I ran to the Public Security Bureau for six years, but it has not been resolved." Zheng Changgeng said angrily, in order to give his mother a say,chaussures louboutin soldes, in March 1984 he will be the first construction company in Xi'an Beilin prosecution to the court.
4 hearing no results
"After the prosecution material submitted,peuterey outlet milano, the court let me go home and other news, who knows the other is 20 years, even during the court filing notices are not received." Zheng Changgeng shook his head and reluctantly said, beginning a few In his spare time would often go to court to ask the progress of the case,chaussure nike tn requin pas cher, every time the answer is to go back to court to continue to wait,basket nike tn requin, and later because of work reasons, the number of times he went to the court is not so frequent, for unknown reasons, this matter has been did not get any reply.
"In 2008, the 30th anniversary of his death approaching mother died when I hold the last glimmer of hope came Beilin District Court, Jiayuan Zhang after listening to things very seriously,http://www.sjyyt.com/home.php?mod=space&uid=1188186, assign someone to be responsible for this case, when the May 13 formally opened. "said Zheng Changgeng, in June 2010, after he got excited Beilin court summons failed to sleep for several nights," I know you want to sit,abbigliamento peuterey outlet, and I more than 80-year-old uncle specifically from Henan rushed over to attend . "
June 17,http://www.nemobbs.com/home.php?mod=space&uid=26989, 2010,http://www.hrlife.net/index.php/read.php?tid=197333, July 8, October 15, October 25, Beilin District Court hearing the case of four. Until yesterday, Zheng Changgeng still did not get the verdict. "In court, I asked the defendant to the first construction company in Xi'an and the First Hospital of Xi'an compensation for the loss of 53.3582 million yuan, an apology to us, but they have expressed themselves on the matter assumes no responsibility." Zheng Chang Gung said that the statute of limitations and compensation standards has been the focus of debate.
Just when reporters near the end of the interview, Zheng Changgeng talked about his business experience. He said he was initially developed naval equipment, pre-retirement has been doing public safety technology research, make him feel great irony is that the mother died in such a public safety incident, they themselves are powerless, but so many years have passed, He did not hear an apology responsibility units.
Focus of debate
1, after a lapse of 32 years over whether the statute of limitations
According to "People's Republic of China Civil Law" Chapter VII Article 135 stipulates that the rights of people to the people's court for two years, except as otherwise provided by law request for protection of civil rights statute of limitations. During the statute of limitations to know or should have known from calculations rights have been infringed. However, the date from the right has been violated more than two decades,abercrombie pas cher en ligne, the people's court shall not be protected. Under special circumstances,abercrombie soldes, the court may extend the limitation period.
Zheng Changgeng for female rights case whether to extend the statute of limitations is a special situation? Yesterday,air jordan femme pas cher, this reporter went to court Beilin, head of the Policy Research hospital run by the non-mouth reporter refused a reporter's interview.
But the reporter learned from relevant media reports, Beilin District Court in 2008 after receiving a reflection Zheng Changgeng, had organized someone to Zheng Changgeng year pleadings submitted by the alleged conduct of the search, but failed to find. However, according to Zheng Changgeng said information and evidence provided by the study after the court granted the land to be the case, so he re-filled material formalized.
2, how to determine the standard solatium
After a lapse of 32 years, occurred in the personal injury case in 1978, the solatium how should determine the criteria?
Zheng Changgeng claims listed include funeral expenses, death compensation, dependents living expenses, for funeral expenses, mental solatium and other charges totaling 533,582 yuan. Zheng Changgeng said that in 1988 the Supreme Court issued opinions on the implementation of the "People's Republic of China Civil Law" Issues in the clear after January 1, 1987 to accept a case,http://jy.weihack.com/viewtopic.php?pid=80900#p80900, if the civil acts occurred in 1987 before the applicable Civil behavior occurs when laws, policies, prevailing laws,moncler outlet online, policies no specific provisions, mutatis mutandis,peuterey outlet italia, Civil Law processing. The "cf" The intention is "in accordance with, according to."
3, the present law can be applied
Shaanxi Noel Lawyer Lei Qiming think in 1978, the law in these areas are gaps, and simply no legal basis. January 1, 1987,http://bryllupskanalen.tv/bryllupsforum/ http://bryllupskanalen.tv/bryllupsforum/profile/gfyu65uy, "Civil Law" into effect. 2003 "Supreme People's Court on the trial of personal injury compensation cases interpreting the law applicable to a number of issues,http://zazna.com/selection/index.php?item/create_form/1," the introduction, it provides the normative basis for personal injury compensation scope and standards.
"Things happened before, it can be applied to the current law?" Lei Qiming said that in principle it can,http://mall.jblbake.cn/news/html/?506357.html, but taking into account the special nature of the case and the law in this regard was the presence of defects, it can refer to the current law judgments .
"Interpretation" of 36 clearly stipulates that after May 1, 2004 a new admissibility of First Instance personal injury compensation cases, applicable provisions of this interpretation. Person has made a valid judgment for damages retrial case law is not applicable provisions of this interpretation. Source: Xi'an Evening News
This group text / intern reporter Wang Haipeng Li Zhuo Yang Sun Tingting Zhang Guotao
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