<br>A vocational technical college girls in a car sales company during the trial period,http://discuz.qyedt.com/forum.php?mod=viewthread&tid=20338, driving a car killed the man, her behavior is job behavior, who bear civil liability in this accident? Inadequate legislation Qinhuai court recently ruled that the case be liable for personal injury accident occurred student interns during the internship, the jurisprudence of the internship students, schools and employers are instructive.<br> <br>Girl accidentally killed colleague<br> <br>Last March 11, 0900, in an automobile company (a pseudonym) 4S shop working girl Mei Yue, Li Hua's driving customers to the company car wash car wash area, due to lax observation, the vehicle being tested in the company's employees Zhang bruises. Although the hospital to rescue, Zhang still died on the same day. Last July 7, Mei Yue found guilty of negligence causing death and sentenced to a year in prison Nanjing Qinhuai court, suspended for one year. Zhang died when only 36 years old, he has been at home in the countryside is the mainstay of the family, there are sixty-year-old parents, a pair of unhappy children under ten years old, and his wife has no fixed job. Last April 11, a total of five people whose whole family will Mei Yue, a Nanjing Polytechnic, Yuhua car companies, car owners Li Hua, an insurance company, Jiangsu Branch reported on the Qinhuai court, asking them to compensate the dependents living expenses, death compensation and other Total 635,814.58 yuan.<br> <br>Qinhuai court accepted the case found that Mei Yue is a student in Nanjing Polytechnic, the day of the accident, her second day in the car company Yuhua trial period. By this time, Mei Yue has not yet completely out as an intern. Qinhuai Court, the reporter saw a technical college and internship agreement Yuhua Motor Company. The agreement, Mei Yue internship period is November 2, 2007 to June 30, 2008. But from March 10, 2008, Mei Yue car company in charge of reception work, which will enter the work trial period, can not think of the next day something happens. Because Mei Yue at this time has not yet officially graduated from a vocational technical college, or in school, families of the victims this college also will be on the court.<br> <br>Sentenced compensation insurance companies and schools<br> <br>Qinhuai court held that the internship agreement from the content point of view, Mei Yue internship is a "type of employment practice", when the accident occurred, Mei Yue in fact ahead of the end of the internship. Therefore, the main responsibilities Mei Yue supervision and management should be transferred to the car company, its position in the legal consequences arising out of acts by car companies to bear. Meanwhile, Mei Yue not yet graduated, with a student status, college still has some education, management and oversight responsibilities, but in terms of the work environment, proximity and distance control and other aspects of the real possibility of inspection,collane tiffany, technical colleges are unable phase with the car company ratio. Therefore, the court finds Technical College in fault in the accident is small, the consequences of the share at the expense of weak reason, at the discretion of its commitment to a 10% duty.<br> <br>Last September, the Qinhuai court finds that the loss of five plaintiffs totaled 470,661.58 yuan. Meanwhile finds Mei Yue driving duty conduct, behavior, verdict: The defendant insurance company to compensate the plaintiff Jiangsu Branch 110,000 yuan compensation for death, medical expenses 1468.90 yuan, totaling 111,468.90 yuan; defendant a technical college in five compensate the plaintiff 47,000 yuan; reject the plaintiff The other claims. After the first trial, an insurance company refused to accept the appeal to the Jiangsu Branch Nanjing Intermediate People's Court, cassation, revision law. Recently, after the second trial,http://bbs.coco.cn/thread-174033-1-1.html, the two sides reached a settlement agreement, in particular: an insurance company,http://www.vcarekit.com/forum/forum.php?mod=viewthread&tid=399263, Jiangsu Branch of the total cost of compensation for five plaintiff 108,468.90 yuan; Technical College plaintiff 50,000 yuan compensation for five; no other bilateral disputes. As Yuhua car company to liability, the judge said the victim's family can sue another case,air max femme, according to "Injury Insurance Regulations" process. (Text characters are not his real name)<br> <br>Qin research Shuangjiang<br> <br>During the internship compensation for lack of damage, "saying"<br> <br>Students in internships related laws and regulations still in the "vacuum", resulting in personal injury lawsuits in recent years, college students during the internship compensation increase. Current "Yangtze legal group", about the judges and lawyers expressed their views.<br> <br>Jiangsu Zhongshan mirror Law Firm Raofen Bin lawyer: Students of various institutions before the formal go to work, the vast majority have an internship process, however, the legal relationship between interns and internships are not labor relations, China's now there is no a specific law to adjust for this. Personal injury compensation disputes during the students practice are mainly two: one is an intern problem in the work process itself internships suffer personal injury. According to law, practice acts as a labor relations interns can not handle, so such problems are generally treated as a civil tort; the other is an intern personal injury caused problems for others in internships during operation. In such cases, the dispute focused on the responsibility shared between the school and internships, it is also reflected in the above-mentioned problem cases. On the judicial process,http://luntuan.ezxvip.com/showtopic-137563.aspx,hogan outlet online, to clarify the relationship between the school and internships, by both parties share the responsibility.<br> <br>Ma Yong, Nanjing days to listen to the law firm lawyers: for students during the internship cause personal injury compensation in the law does not clearly defined, especially college students own personal injury practice, because the workers are not eligible intern without the protection of labor law only to protect their rights through civil law. Practice intern behavior caused bodily injury situation,http://www.luciasnack.com/news/html/?4897.html, a situation law does not stipulate. Court case judgment according to each defendant separately conduct the internship responsibilities and control the size of the stakes, the basic principles of civil law reflects the fair. Recommend internships and school, it is best to practice matters prior express written agreement, how to solve related problems arise,moncler sito ufficiale, how responsible the content. At the same time proposed legislation relating to our operational regulations may provide for the occurrence of accidents during the internship,http://shequ.1000new.com/forum.php?mod=viewthread&tid=254797, reference service workers deal with the accident approach.<br> <br>Nanjing Qinhuai District Judge: from the following aspects: First,http://www.wanzhanjianshe.com/news/html/?2740.html, to enact a special law, regulation or amend the existing "Labor Law", "Labor Contract Law",doudoune moncler pas cher, "Work Injury Insurance Regulations." Clearly stipulates the legal rights of interns. Earlier,http://www.zhuangmingbai.com/bbs/forum.php?mod=viewthread&tid=3303, through the relevant judicial interpretations, and gradually improve during the internship and related rights protection system personal college students; two, made content complete internship agreement signed by the way interns with businesses, schools and voluntary consultation by contract to regulate the practice of behavior, especially Students practice to question the possibility of personal injury accidents during the internship was expressly agreed to assume responsibility, to make up for inadequate legislation, timely and effective means of relief. From the effective safeguard their own interests internship conscious college students starting college students should take the initiative before the internship required to sign an agreement with internships internships; Third, schools should strengthen management trainee. Schools should send teachers on a regular basis to internships internship students thinking, psychology, clinical performance and other surveys, understanding. Qualified schools can send someone Permanent internship guidance, management student interns, so that more timely detection of problems and timely solutions; four, internships should strengthen the student is to protect the safety and health management.<br> <br>Di Chen Luo Shuangjiang<br><br>
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so such problems are generally treated as a civil tort
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