QT4zNbHHpf

大概废话东莞

Chengdu Chinese Commercial News reporters Wang Ying and Zhan Sheying reported bursts of mist from the Ertan Hydropower Station spillway opening at about 500 meters,hogan spaccio, there is a three-story house, hydropower flood every rainy season, the house's windows and doors are always kept twitching, issued flutter Lala sound,d2g8f3GiIY,hogan rosa, owner of the house  always suffered flood affected stations generated noise and vibration.
The owner of the house had Yangru Chang, but can not stand the noise and vibration years,J9kw6WLM6U, a rare selection and construction of Ertan Hydropower Station Ertan Hydropower Development Co., Ltd. (hereinafter referred to Ertan Company) fought a long-lasting lawsuit claims 1.8 million yuan.
However, whether a court of second instance finds Ertan Hydropower Station constitute infringement is a big difference.
Today, though Yangru Chang moved, but to buy his house and some neighbors had  live in this environment continues ...... Yangru Chang neighbor  once said, "We are waiting to see the results of his sentence,piumini moncler outlet, and then intends to whether to prosecute. "After learning Yangru Chang won the first trial, the second trial against the news,ojMakMGE05, Chentai Fang silent.
Flood due to housing and Ertan Hydropower Station is only about 500 meters away, every rainy season will be affected flood generated noise and vibration, the villagers decided to court
Yangru Chang was a three-storey building home in Panzhihua City, Yanbian red berries Yi Heung Ertan Hydropower Station in the vicinity. Today, Yangru Chang has sold the house to another local residents Huang Kuixiang. Huangkui Xiang said he bought this building in 2012 on a three-tier house, the total price of 600,000 yuan. Moved shortly after,scarpe hogan saldi, he found the dam spillway, windows are vibrating, "If the two holes at the same time turn on the water, windows will swing back and forth, sometimes broken glass will be vibrating like an earthquake."
In addition to cracks in the walls, broken glass, but even shutter doors also flutter Lala ring. said he moved here has changed after three roller shutter door. Chengdu Chinese Commercial News reporters Zuo Zaijuan and Lian Menqian, the door has been able to feel the vibration.
Yangru Chang's sister Yang Ruying told Chengdu Business Daily reporter, Yangru Chang right hand amputated because of a traffic accident,TTe92CX6S0, belong to two invalids. In 1994, his brother Yanbian County Land Bureau to apply for a piece of land to build housing shops, business. Yanbian County Land Bureau in charge of land use planning, the use of Deputy Secretary  said Ertan company occupied land acquisition and resettlement in their home land,hogan outlet, taking into account  is disabled, self-reliance,scarpe hogan scontate, County Land Office to prepare the land for approval. After the approval of Ertan's consent, the bureau finally agreed Yangru Chang using the red 130 square meters of land.
Yangru Chang got the land after the repair of the brick structure houses a three-storey building for rent and live. And before that in 1991, has commenced construction of Ertan Hydropower Station, built in 1998 to generate electricity. "Every year during the rainy season station spillway,piumini woolrich, vibration and noise due to the impact of the water produced is very large, people can not live normally." Yangru Chang and therefore can not rest day and night. After collecting the relevant evidence,  in 2008 the company reported on the Ertan Yanbian court,scarpe hogan donne prezzi, and claims 1.8 million yuan. Ertan Company believes spillway is legal.
Focus
?
Infringement of First Instance should be compensated 520,000
September 2 in the afternoon,FVN1s3BXc6, Chengdu Chinese Commercial News reporters Zai Yanbian and Xian Fayuan found Yang Huanyun year judge hearing the case.
Yanghuan Yun said proceedings,scarpe hogan uomo prezzi, he conducted a local investigation and three village committee director Huang Dewen Tan conducted a survey and do a survey record. told Chengdu Business Daily reporter on the phone, turn on the water when the Ertan Hydropower Station vibration a little big, "usually no problem,scarpe hogan scontate online, but when the annual rainy season from June to October drainage impact, can not sleep."  said that through testing,[/url], Ertan Hydropower Station on Yangru Chang does have some impact.
said, according to the burden of proof, the court shall notify in writing Ertan company to provide this data, but it did not provide. Ertan company had applied for identification, but also eventually withdrew the application. Yang Huanyun that the case is a special tort,[url=http://www.terzocircolomassafra.it/hogan-outlet-interactive.php?nav=999]hogan interactive beige, Tort Liability Act This is clearly stated.
Yanbian court held that although the Ertan Hydropower Station approved by the national authorities and put into use, but the power plant generating single hole, vibration and noise holes during flood exceeds state standards,moncler outlet, Ertan company law should provide the appropriate basis proof. "Ertan company did not submit the evidence within the statutory period."  said, this should not be regarded as proof Ertan companies,[/url], presumed by law the existence of fault, for  constitute infringement, and bear corresponding civil liability.
Ultimately, the court determined Yanbian Ertan Yangru Chang's one-time compensation for the loss of 520,000 yuan. "520,000 is determined primarily based on surveys Court advocate and eventually mastered  made."
Flood is the second instance dismissed the claims of statutory obligations
After the first trial, Ertan company refused to accept the appeal to the Court of Panzhihua.
Panzhihua Court held that environmental pollution caused by the Civil Liability refers to the violation of national environmental protection, pollution prevention regulations,[url=http://www.granet.it/hogan-uomo-donna-outlet.php?hogan-store=213]hogan interactive outlet, environmental pollution causes damage to others who should bear civil liability. Ertan power plant design,hogan interactive donna, construction, production and operation are in line with relevant state regulations, water storage,woolrich uomo, flood control is one of the legal obligations it must fulfill. Therefore, according to the instructions Flood Ertan company regulations and flood control headquarters of flood, their behavior has no illegality. The vibration flood generated noise is its inevitable natural factors.
Meanwhile, the court held that the evidence is insufficient to prove Yangru Chang submitted his claim, and the Ertan Hydropower Station Spillway its statutory obligations, may have some impact on  houses and everyday use its spillway, but this effect is inevitable and permitted by law.
Therefore, Panzhihua second trial on the case before the Court were commuted, quashing the judgment of first instance Yanbian court, dismissed the claims 's. The case of the second trial judge is not an interview with reporters, provided only the second instance verdict.
Professionals / home / say / France
?
■ flood caused by noise pollution, the compensation
Southwestern University of Finance and a legal expert pointed out, does not mean that Ertan's flood is a statutory obligation, we can eliminate the impact on the surrounding environment, which is not exempt,hogan autlet, "even if it is the police administrative law enforcement, you violated the management relative person interests, like to take responsibility. "flood of noise, then, the same should be held accountable.
For national and individual interests concerned, should equal protection, not to say that national interest is superior to individual interests. This case does not involve trade-offs between national interests and personal interests, but once the flood has caused noise pollution,hogan interactive blu, it should be compensated.
■ To prevent flood disasters should Disclaimer
Southwestern University of Finance and postdoctoral Chendong Jun,giubbino moncler, Sichuan Zhong Bin cents Law Firm lawyers argued that if the environment  infringement dispute between the company and Ertan Ertan Company shall be borne by the need to comply with the law liability tort liability Elements environment, and no statutory exemptions.
Depending on the circumstances of the case, first of all, Ertan hydropower station reservoir,hogan online, flood discharge its statutory obligations to be fulfilled. Therefore, the flood of illegal sexual behavior does not have. Secondly,ddpXescBEG, the construction of Ertan Hydropower Station in front, Yangru Chang building in the post, then Yangru Chang should have foreseen its station may have been affected, so Yangru Chang should foresee continued to build houses in inappropriate places itself at fault; Finally,hogan rebel outlet, flood behavior is to prevent the irresistible natural disasters, the company should also be exempted from Ertan responsibility.
(Original title: The villagers sued the Ertan Hydropower Station: Spillway noisy people)