<br>Legal Daily reporter Chen Dongsheng Legal Daily correspondent Gull<br> <br>Sunda riverside town in Lucheng District of Wenzhou City, Zhejiang Province Ao village railway side, Zhang's daughter was only four years old gallop by Zhejiang Jinhua-Wenzhou Railway Development Co., Ltd. in 5108 to train railway side grass Zhuangfei . Then Zhang daughter was rushed to hospital, the final treatment died.<br> <br>This day is January 25, 2009 in the afternoon.<br> <br>After her daughter died,http://www.lookandlearn.com, Zhang and his wife first found the railway business unit Zhejiang Jinhua-Wenzhou Railway Development Co., Ltd., the company requested an apology and compensation for all economic losses. But after several rounds of negotiations, Jin Wen railway company refused to recognize the existence of fault, and even show the past, "train butt Zhuangliaobaizhuang" case to Zhang and his wife,http://www.atr.jp, and ultimately only promised to compensate 3,000 yuan in economic losses.<br> <br>Train butt really do Zhang and his wife decided to embark Zhuanglebaizhuang Rights of Way laws.<br> <br>General damages disputes by the railway court exclusive jurisdiction to hear, but in view of possible departmental protectionism, the railway court may not protect the interests of Zhang and his wife according to conventional railway personal. Thus, a couple of agents Li Yicheng Zhang lawyer advised Xianxiang accident occurred grassroots court.<br> <br>But by the "railroad Court exclusive jurisdiction" effect, railways personal injury compensation cases to local grassroots courts rarely prosecuted, Lucheng District People's Court filing court staff initially also questioned the jurisdiction of the case.<br> <br>Li Yicheng believe that China's Civil Procedure Law does not specify the railway traffic causing bodily harm cases fall within the exclusive jurisdiction of the case. Supreme People's Court "on the scope of Railway Transport Court of jurisdiction provisions of economic disputes,canada goose femme," Article 11 of Railway Transport Court can accept, "resulting in railway traffic, shunting operation of personal and property damage, the plaintiff sued the Railway Transportation Court choose infringement Disputes. " According to the terms of the interpretation of this understanding, the parties may choose railway transportation court, of course, you can also choose other courts have jurisdiction to prosecute.<br> <br>Final Wenzhou Lucheng District People's Court decided to be a criminal. So Zhang and his wife became the first prosecution Wenzhou grassroots courts accepted by the railway personal injury compensation disputes.<br> <br>First instance verdict to break nearly 30 years of "iron rules"<br> <br>Zhang and his wife sued, said: railway through the village, near the village houses, there are people on the railway line steps, but did not establish any effective isolation railings and other protective measures, the child can easily onto the railway. The edge section of the incident did not set up warning signs, no duty nursing. In addition,http://kofchina.com/forum.php?mod=viewthread&tid=9526&fromuid=591, road accident along the tall weeds and trees have not been promptly removed, the train too fast, these are the causes of the accident. Jinhua-Wenzhou Railway Company had significant fault in the safety aspects of their daughter's death should take full responsibility.<br> <br>Jinhua-Wenzhou railway company argued that the accident was due to the small girl walking on the railway line caused, before the incident, the train operating normally, but after the dangerous train whistle timely warning, emergency brake. According to regulations,http://sideviews.at.webry.info, the railway transport enterprise due to force majeure or due to the victims for their own reasons, such as walking on a railway line, personal injury or death caused by sitting and lying, does not assume liability. And both sides of the railway have not set up isolation fence, warning signs and poor management, excessive speed and other reasons,doudoune moncler pas cher, they believe there is no basis, there is no causal relationship with the accident. They believe that the little girl's parents are negligent care that led to this accident happened, the little girl's parents should bear all the legal consequences of its own. The legal basis for the Jinhua-Wenzhou railway is the railway company to come up with the provisions of Article 58 of Law.<br> <br>Court after hearing that the victim Zhang daughter Department no capacity for civil conduct, his guardian guardianship legal obligation not doing it into the danger area, is the main cause of the accident in this case; the defendant as the railway line have managerial protective Units obligations not provided security measures in railway around, for security risks, do not take active measures to be excluded, there are some fault; according to the degree of fault of both parties, the plaintiff should bear 80% of the responsibility, the defendant should bear 20% responsibility.<br> <br>Lucheng court verdict "Iron boss" bear 20% of the liability, in fact, broken the "butt Zhuangliaobaizhuang" and "iron rules."<br> <br>What can the second trial and the "Iron boss" contest<br> <br>Although the first instance verdict found the Jinhua-Wenzhou railway company is at fault, but merely ordered it to bear only 20% of secondary liability, which is Zhang couples unacceptable. Thus, Zhang and his wife decided to continue to challenge the "Iron boss", appeal to the Wenzhou Intermediate People's Court.<br> <br>March 2, 2010, the Supreme Court promulgated the "Supreme People's Court on the trial of rail transport personal injury compensation disputes the interpretation of the law applicable to a number of issues", the implementation date of March 16,Piumini moncle,http://dspace.rcccs.rikkyo.ac.jp, 2010. The judicial interpretation of the provisions of Article VIII clear: "rail transport capacity for civil conduct caused no physical damage, the railway transport enterprise shall be liable for compensation; guardians at fault, according to the degree of fault reduce the liability of railway transport enterprises, but railway transport enterprise liability should not be less than fifty percent of the total loss. "<br> <br>In view of the above that may have a significant impact on the case of the latest judicial interpretation began March 16, Zhang and his wife Li Yicheng lawyer agents immediately submit a new legal basis for the new judicial interpretation of the provisions of the second instance court.<br> <br>May 12, 2010, Wenzhou City Intermediate People's Court after the hearing, according to the judgment, that "the Supreme People's Court on the trial of rail transport personal injury compensation disputes the interpretation of the law applicable to a number of issues,http://www.hbmysz.com/news/html/?9007.html," shall become effective on March 16, 2010 , applicable to the case. In this case the victims are no capacity for civil conduct, his guardian that is not entirely to legal guardianship obligations resulting from regulatory victim,http://events.ucr.edu/cgi-bin/display.cgi, walking on the railway line, and is in danger situation, there is no fault, should reduce the liability of the Jinhua-Wenzhou railway companies. Comprehensive case the actual situation, the court determined appellant Jinhua-Wenzhou railway companies undertake 70% of the liability. And the decision to change the Jinhua-Wenzhou Railway Company Zhang couples compensation for medical expenses, death compensation, funeral expenses, mental solatium total of 179,410.8 yuan.<br> <br>So far, early in 2009 occurred in the Wenzhou train together butt this case was finally settled. It is reported that the case is also the first since the railway sector liability cases, "train butt Zhuanglebaizhuang it" also have the answer: It is not white hit, gave the driver the same train to bear civil liability for compensation according to the law, even should bear primary liability.<br> <br>□ background<br> <br>Once upon a time, the train butt really have "Zhuangliaobaizhuang" of the phenomenon. China Railway Law Article 58 stipulates that "because of railway traffic accidents and other personal injury accidents rail operators, the railway transport enterprise shall be liable for compensation; if personal injury is due to force majeure or due to the victim's own causes,woolrich outlet, railway Transportation companies are not liable for "" Railway traffic accident emergency rescue, investigation and disposal regulations, "Article 32 also states:" Railway accidents resulting in personal injury or death,moncler outlet, the railway transport enterprise shall be liable for compensation; however,http://www.earthforums.com, force majeure or personal injury victims people's own causes, railway transport enterprise does not assume liability. " Among them, "the victims for their own reasons," including pedestrians on the railway crossing, stay. Thus, "the victim for their own reasons," became the railway transport enterprise "exemption" and "Zhuanglebaizhuang" and "legal" reasons.<br> <br>According to these regulations, train and killed a pedestrian, the railway sector generally last only a few hundred dollars to provide humanitarian (burial costs and benefits costs) assistance, such compensation a few instances in the whole country. In practice, people challenge the "Iron boss" claims cases, railways rarely lost. Affected by the people due to railway accident personal injury cases to court are very few.<br><br>
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