May 28, 2012
Manencounters the traffic accident death nameless the
civilian businesses department because their families apt claim Civil Affairs
Bureau to seem as claims 380000 Yuan yesterday a m,Ganjingzi District People
ROM.a vehicle accident causing death case likened with additional before
vehicle accident namely never the same ,Ganjingzi District Civil Affairs Bureau
among criminal incidental civilian lawsuit accuser personality seem surrounded
tribunal,requested the tribunal defendant who died among a automobile crash
anonymous compensation funds 38 yuan.Reportedly ,the civil happenings
department for the accident of the nameless dead generation playing rights
lawsuit train among Dalian is the 1st at family too relatively rare.Case review
of drinking and driving a motorcycle occasioned was slew and afresh wounded
tragedy morning nine when acquaint,the special vehicle accident cases amid the
Ganjingzi District People .Ganjingzi District People procuratorate along apt
the indictment ,twenty-two five aboard June four 2007 ,Luo a drunken and
quasi-driving inconsistent driving authorization,driving without authorization
motorcycle ,contained a man along the Ganjingzi area of the front fleeing from
east to west .On the road apt the summer home of the River Road ,Luo one unfit
operation of automobile crash aboard the roadside cement barrier occasioned by
the man fell aboard the road apt die aboard the blot,Luo one injured .After
identification, the brain and facial injuries ,dresses coast,fractures
of the skull ,because of solemn craniocerebral injury .The vehicle police
department finds ,Luomou negative the accident responsibility .Later ,Luo Mou
namely listed for a fugitive online .Until June of this yearly Luo Moucai was
caught onward police aboard a train .After the incident ,police investigation
for many ,has not been feasible to make sure the personality of the dead ,the
dead for anonymous .The case was transferred to the Ganjingzi Procuratorate ,coast dresses uk,procuratorate determined apt chase the
case of public prosecution ,procuratorate and the Ganjingzi District Civil
Affairs Bureau of communication ,let the Civil Affairs Bureau of Ganjingzi area
court for the anonymous to data one incidental civil action .The trial record
peccavi of the accused said impartial kindly take colleagues it is understood
,the defendant was a 39 years ancient,Heilongjiang province Jidong County
,working years among dalian .In tribunal the prosecution informed of the crime
of causing vehicle casualties, Luomou pleaded guilty.The public prosecutor
against Luomou was questioned ,Luo Mou apt answer questions with bags and quite
much.Prosecutor : he,whether you knew the martyr?Luo Mou :understanding ,he is
my workmate .Prosecutor: do you understand how long? Know what his designate
is?Luo Mou :we avow the four alternatively five months ,I commonly cried onward
his nickname .
Prosecutor: daytime why use motorcycle with nice coats and him? Luo Mou :his
kin is never You can say that again my home,coast rosetta maxi dress,I ride a
motorcycle carrying him household.Prosecutor: the daytime whether you drink ?Luo
Mou :drinking ,memory seemed apt drink three flasks of malt,additional records
is never explicit.Prosecutor: do you have a license to drive a motorcycle ?A :I
am ,van ,a driver ,type B not the motorcycle driver ,my motorcycle without
authority.Prosecutor: what did occur?Luo Mou :too long a time can never
remember,by that period brain for some feel dizzy,hit the guardrail ,I do never
know.Prosecutor: later the incident ,how do you do ?Luo :I took out a mobile
phone cry,I remember to call household.Later ,because of my leg injury ,stand
up stretched out his hand to hurrah,a pass along the driver saw cry the police
.In the trial ,the barricade lawyers argued that Luo Mou ,Luomou acts
constitute a offense of causing traffic casualties .But surrounded this case
the victim likewise has a fault,according to the relevant provisions of the law
motorcycle drivers and passengers should wear safety helmet ,and the violation
of this provision .The attorney thinks ,Luo Mou is a bona fide peregrination
action,subjective malignant small .But afterward the vehicle accident ,Luomou
take one active attitude to emancipate,alleged nefarious apt a better attitude
hope court lighter punishment.While prosecutors that sufferer for passengers
not mistake Luo Mou with nice coats and supervisory victims wearing a helmet
obligations ,the sufferer had never wearing a helmet to violate vehicle
regulations namely deserving apt a absence of supervision along luo .Dalian 1st
civilian happenings departments for anonymous claims 380000 Yuan over the
lesson of the trial ,the Ganjingzi District Civil Affairs Bureau agents
,Liaoning benefit judgment firm Su ocean lawyers to data an incidental civil
action .Su Huanhai lawyers among tribunal to cater a beholder testimony
,confirmed cases because the old of almost 50 years ,so the compensation
duration should be because 20 years apt apply the tribunal apt order the Luomou
disburse the 38 yuan.Su Huanhai thinks ,jade coast maxi dress,from obligation and nature, Civil
Affairs Bureau is a social wanderers direct management and liberate
authority,bear on begging vagrants relief duties ,including compensation for
damage claim rights .Anonymous mostly Rangers ,Civil Affairs Bureau because
anonymous rights ,duties and powers of either.Su Huanhai said ,was killed for
anonymous apt claim apt the perpetrators ,the civilian businesses department is
not only maintain the individual interest,is among the public interest absences.According
apt the common principles of the civil law the relevant provisions to no
appropriate natural person to serve for the guardian of the civilian businesses
department because the guardian general.From the point of attitude if the Civil
Affairs Bureau can not work at the outset the vacation apt litigation rights
,timely aboard the chapter of civilian compensation because processing ,a near
associative of the martyr later even now that victims have died,yet as phase
passes, the legitimate interests ambition never be as well for the efficient
protection .Therefore according the Civil Affairs Bureau of criminal incidental
civilian action namely lawful.Debate in court defendant lawyers that the Civil
Affairs Bureau does never have qualification surrounded tribunal debate ,Luomou
solicitor thinks ,Ganjingzi District Civil Affairs Bureau has no qualification
.Because according apt the Civil Procedure Law the relevant provisions ,the
complainant shall is the case with have a direct peg among the citizens,lawful
persons and additional organizations ,and Civil Affairs Bureau of Ganjingzi
area for the plaintiff does never comply with fashion clothing and the
provisions of .
The attorney said ,the Supreme People on the trial of personal injury
compensation case seemly legal interpretation provisions ,compensation for
personal injury cases, the obligee to compensation namely defined by the
sufferer to assume their duties dependents as well as close relatives of the
dead victims ,and Civil Affairs Bureau,never the right apt compensation .So
amid this case, the Civil Affairs Bureau as the denouncer civil compensation
namely never suitable there namely no allowable basis .The solicitor thinks
along apt the metropolis vagrants and beggars relief management measures provisions
,the departments of civil happenings job does never include the generation of
outcast girls and boys apt data a civilian lawsuit yet surrounded this case the
work is anonymous he did not apologize stream wag,so the Civil Affairs Bureau
should not be involved among the case litigation .Legal specialists :from the
civil happenings department for the anonymous demand reasonable as yet some
accidents and cases within the identity of the dead can never be identified are
never uncommon .Due apt assorted reasons ,the servant among the anonymous
encounter vehicle accident ,accident allowable relief system namely still a
blank .In this matter, Dalian City official assistance center vice guide Liu
Sheng thinks surrounded China, the civilian affairs department as anonymous
martyr compensation for personal injury claims have convert subjects of
judicial practice.The civil happenings department namely anonymous aid,alms
responsibility ,commitment apt the anonymous from birth to death and a heap of
event management responsibilities hence,along the civilian happenings
departments because anonymous personal injury claim namely reasonable .Was 1st
considered onward our procuratorate civil lawsuit yet the prosecution intended
civil action namely the public nature of the .Ganjingzi District People
Procuratorate two section capital Zhang Xinzhao said along the procuratorate
filed a lawsuit on behalf of anonymous namely never suitable surrounded order
to aid the anonymous rights ,they contacted the Ganjingzi District Civil
Affairs Bureau forward the Civil Affairs Bureau, proceedings apt entirely
maintain the right of the dead merely of the defendant is likewise helpful,if
the defendant can completely compensate, the tribunal may give him a lighter
punishment which is consistent with bags and the existing national criminal
policy.Zhang Xinzhao introduces as yet Ganjingzi District Public Security and
the Department of civilian happenings,being charted aboard the handling of
traffic accident cases anonymous victims of criminal incidental civilian
lawsuit procedures wait because the tribunal judgement aboard the case ,we
ambition form a formal file among this encounter similar case ,there will be a
scrupulous operational rules .Zhang Xinzhao expresses earn the compensation
onward the court alternatively Civil Affairs Bureau in advance because
safekeeping ,placed within a special catalogue,and find the family of the
deceased ,the compensation shall be delivered apt the families of the
deceased,whether the deceased family members surrounded addition apt the basic
compensation, and other compensation case ,can be sued to the court.
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