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and the family sought compensation 4

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Started 10 years ago by slkiIh0p2

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slkiIh0p2
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 Our reporter Szank non- Recently, the Chinese People's Property Insurance Co., Ltd. Shenzhen Branch lawyer appealed to the Hengyang City Intermediate People's Court, asking the company with the wrong judgment in the case of a car accident suffered payment be heard again. Therefore, once quiet "domestic accident, foreigners and people with the same fate if the price" of the meeting, and then turmoil. Singapore nationals who died in a car accident, and the family sought compensation 4,000,000 yuan March 9, 2009 morning, Singapore nationals Chen Rui ride Hunan Hengdong people minibus driving through high-speed Hunan section of Beijing-Zhuhai somewhere, when the weather is foggy,piumini moncler sito ufficiale, limited field of vision. Meanwhile, in the Hunan section of the department's Henan Dancheng shicao countryman Zhang Weihua, he was driving a heavy tractor-trailer traffic. Although weather conditions encountered fog, Zhang Weihua still prescribed to reduce speed. When he found the driveway in front of passing lanes and traffic accidents,http://jzwdscw.com/home.php?mod=space&uid=124573, less strain, resulting in the car with the front of a cement mixer collided with a cement truck while pushing the left from violations of interspersed with small passenger cars collided . And in turn promote Zhao Guangzong small passenger van collided with a heavy, causing the tragedy. Chen Rui small bus passengers died on the spot. Same car with Chen Rui Zeng Hui, Chen Li, Zhao Jie, Zhou Hongming also were injured, five of which have been disabled for the Hui, Chen Li of ten disabled. The accident by the Hunan Provincial Public Security Bureau Traffic Police Corps detachment Tan Lei speed management unit finds that: Zhang Weihua in violation of the "Road Traffic Safety Law" and the relevant provisions of the "Road Traffic Safety Law Implementing Regulations," is the main cause of the accident, should be bear the main responsibility for the accident. while driving a motor vehicle stop in case of waiting before or slow moving, from both sides of the front of the vehicle interspersed with, is a secondary reason for the accident,http://liaoningrenshikaoshiwang.com/read-htm-tid-1065874.html, we should bear secondary responsibility for the accident. April 15, 2009, Chen Rui's parents filed a lawsuit to the incident location Hengdong County People's Court. September 29, 2009, Hengdong County People's Court held a public hearing of the case. Chen Rui's parents raised in that case the trial,piumini moncler, Chen Rui was their only son,http://www.ygwssm.com/news/html/?23855.html, study and immigration in Singapore. Two plaintiffs grow into a life of its human,doudoune moncler femme, material and financial resources. Chen Rui sudden death, brought them irreparable spiritual giant hit and huge economic losses. Therefore, the plaintiff requested the defendants a total of 4 million yuan compensation for the loss. The defendant's attorney Zhang Weihua LANGUAGE AND CULTURE argued that the plaintiff's claim for compensation is too high, only agreed to pay compensation in accordance with legal standards. Another defendant Chinese People's Property Insurance Company Shenzhen Branch also argued that death compensation and moral damages of the plaintiff is too high, and there is no legal basis. Views of all parties far. Controversy triggered by the decision, "people and foreigners Same Life Different Price" By the end of 2009, Hengdong court ruling on the case: Weihua bear the main responsibility for the accident. negative secondary responsibility for the accident. The loss of the deceased Chen Rui 799,855 yuan, the injured have been Hui 205,http://kuze.tsukaeru.jp,760.42 yuan, Chen Li 37,524.06 yuan, Zhao Jie 49,http://www.kuangfeng99.com/home.php?mod=space&uid=332,331.51 yuan. Liability by the defendants. The verdict stated that died in a road accident, the plaintiff not only to bring the families of mental suffering, and bring direct economic losses to the family of the deceased. Because of the level of economic development of each country disparities, cost of living and wage income nationals of different countries differ greatly, if all criteria for compensation according to our territory,http://szhongs.com/home.php?mod=space&uid=8734, to nationals from more economically developed country, the inability to make up their losses,http://go2money.cn/forum/read.php?tid=6636&ds=1, contrary to the country tort law system functional value principle of full compensation and damages for unfair. Court of First Instance also considered that while adhering to the principle of full compensation applicable under the premise of tort also apply equitable principles of law, consider the economic situation of the parties should be appropriate to reduce the amount of compensation. Public defendant as compensation for Chen Rui's parents 400 million, will likely cause the accused and their families all living, production caught in extreme difficulties. Therefore, based on "Supreme People's Court case of foreign maritime personal injury compensation for damages (Trial) on the" ceiling for personal injury damages of 800,000 yuan per person provisions of the damage to the deceased Chen Rui, 80 compensation within ten thousand yuan range. After the court case, the local judiciary lead to "life with different people and foreigners price" controversy. Shenzhen City People's Insurance Company agents Luoqiu Lin counsel, in accordance with international common practice and principles of civil and commercial law, foreigners in our country engaged in civil legal activities are to enjoy "national treatment", that is to enjoy the same treatment as Chinese citizens. If for foreign economically less developed country or a foreigner in his own country than China's high standard of living, give foreigners is higher than China's national treatment, that is not fair to our citizens, that is the real unfair. The case of road traffic accidents in the territory of People's Republic of China Hengdong County in Hunan Province, according to "Civil Law" Chapter 8,louboutin soldes femme, "foreign-related civil relations law applies." Article 146: "tort damages, Applicable law of tort "requirement should apply our laws to hear, and to calculate the amount of damages based on infringement of the statutory standard in China. Therefore, Chen Rui road traffic accident compensation in case of death should be in accordance with the "Supreme People's Court on the trial of personal injury compensation cases interpreting the law applicable to a number of issues," Article 29: "Death compensation on the location of the previous year in accordance with the Appeal Court by Urban per capita disposable income or per capita net income of rural residents standard, calculated by two decades, but more than 60 years, the age reduction for each additional one-year-old year;. 75 years of age or more, according to five-year calculation "requirement , according to the seat of the court on a per capita annual income standard calculations. Meanwhile, the case belongs in the territory of People's Republic of China foreign road traffic accident personal injury compensation disputes, personal injury at sea does not belong to the two are totally different in nature. This provision applies belongs to the first instance verdict Applicable Law error. However, the local laws are also pointed out, in accordance with the defense counsel's point of view, then, foreigners can only get a little compensation after the accident in China, how can you afford to pay back the cost of raising their families, whether this is not fair? Legal experts: compensation can be appropriately higher To this end, China Youth Daily reporter interviewed the Dean of Law School of Wuhan University Professor Xiao Yongping. In his view, the case involving foreigners,http://auto8088.com/home.php?mod=space&uid=1638, should first apply to the provisions of Article 146, "Civil Law" for "violations to" the Chinese law. That is, all the case of personal injury compensation standards and calculations should be based on China, as according to the law in force. However, although the value is the same for all of life, but the price is not exactly the same. Because everyone experiences growing up and cost burden of family responsibilities, died of income, dependents cost of living is different. In his view, get together with different compensation of victims of traffic accidents are reasonable. Professor Xiao Yongping said that in the present case, if people do not need to Chen Rui dependents living in Singapore, but in the Chinese life, their compensation will not necessarily be so high. Therefore, Chen Rui compensation can be appropriately higher,air max 90 pas cher, but within a reasonable range, and the need to provide sufficient evidence. 

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