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stabbed him with a knife

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Started 10 years ago by ujald72613sd

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The case had CCTV coverage These days, the 16-year-old son kept asking Wang Jianling:? "My father is killed on the way to work, but also to attack the murderer things work, and why he died not claiming for compensation," Wang Jianling do not know how Answer son. & Nbsp; Last February 14, Jun Wang Jianling husband was a colleague incitement injury death, but the reason the attack was "to post teaching." & Nbsp; To her husband's related injuries, more than a year, Wang Jianling has been on the run. September 8, Xuzhou City, Jiangsu Province, the Intermediate People's Court of Final Appeal ruling, so that a person's hopes again. A. Incitement to murder, just as "post teaching" When a middle-aged man approached his bicycle alley: at 17:40 on February 14, 2009 or so, Xuzhou City, Jiangsu Province, Peixian Zhen Jing downtown alley undergone a frightening scene suddenly jump out of three men punched and kicked him, stabbed him with a knife, slash. Done all this, the three quickly fled the scene. The man due to excessive bleeding, he died. & Nbsp; Murdered man is Wang Jianling husband, Jiangsu Province Peixian rural cooperative credit unions Jing An credit unions Xinhua credit bureau chief Li Jun. Police learned in the investigation, Li Xinhua credit bureaus are responsible, employees to work near a seal over a few days ago on his way to work somehow been repeatedly beaten by strangers. & Nbsp; Xinhua credit bureaus a total of only three employees,http://bronestlyonnais.fr/spip.php?article42, two of whom have been stranger inexplicably attacked, the assailants specifically why staff credit bureaus to start? & Nbsp; Three perpetrators quickly arrested. It turned out that this was a case of incitement to harm, incitement were called SUN Zhi - guo, Xinhua credit bureaus staff waiting list. & Nbsp; SUN Zhi - guo Zengyin personal non-performing loans overdue responsibility not recovered by the probation sanction. Later, his mother was ill,http://code.spip.net/spip.php?article5528, SUN Zhi - guo, please take care of the mother of the holiday. December 2008, Peixian credit unions system to implement two-way choice, competition, SUN Zhi - guo miss the two-way choice, but to the waiting list. Others see one full of energy to work, SUN Zhi - guo psychological imbalance, in order to re-appointment, he financed the employment of others, wishing Xinhua credit bureau employees of Super wounded, it can not participate in the work, so as to achieve the replacement of their work by their own purposes. February 8, 2009, on the 11th, SUN Zhi - guo hire people twice beating super seal, because the injury is not heavy, sealed super still every day to work properly. Unable posts Jun SUN Zhi - guo then start again. & Nbsp; March 2010, Xuzhou City Intermediate People's Court sentenced the defendant SUN Zhi - guo intentional injury death, the other four defendants were sentenced to death two-year reprieve, life imprisonment, fifteen years imprisonment penalty. Meanwhile, the court also ordered five defendants to compensate the victims for the loss of relatives Jun 36 million yuan. & Nbsp; However,woolrich outlet, since the 5 defendant almost no enforceable property,woolrich outlet online, criminal court with civil judgments become a dead letter. B. Two social security sector not identified injuries After Li Jun killed, his wife Wang Jianling sobbing. There on Jun elderly parents, under the minor son, he is the mainstay of the home, now a pillar crashing down, Wang Jianling and unemployed at home, family life suddenly lost their source. & Nbsp; Wang Jianling feel, if not the credit unions Jun employee, would not have been unexpected. Since it is a result of work, it should belong to the injury, not to mention Li Jun was killed on his way to work. & Nbsp; The unit Pei Jun and Wang Jianling Rural Cooperative Credit Union views consistent,http://www.midasuser.cn/upload/forum.php?mod=viewthread&tid=7446699, so unit labor department identified to Pei Jun injury applications. But Peixian Labor and Social Security Bureau believes, according to "Injury Insurance Regulations" provides that employees during working hours and workplace, due to work injury by accident; engaged in preparatory work on finishing work by accident or injury ; perform job duties due to violence and other unintentional injuries,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, injuries can be identified as. Li Jun was injured while in the non-working time and non-workplace, and therefore can not be identified are related injuries. & Nbsp; Pei Wang Jianling to Labor and Social Security Bureau to produce a piece of evidence - a duty schedule Jing An credit cooperatives, Li Jun killed prove that evening, he is scheduled in accordance with the credit bureaus from Xinhua Credit Union to work to secure respect way killed on duty. "Li Jun is the docking point in the work and the continuation of the process of work, by employees of the unit of injury, should belong to the working hours and workplace injuries suffered due to work, should be recognized as work-related injuries." But Peixian Labor and Social Security Bureau believes that in accordance with the provisions of "Work Injury Insurance Regulations", on his way to work, only one case of work-related injuries can be clearly identified - by motor vehicle accidents. Jun Department of victims of violence and clearly does not meet this requirement. & Nbsp; July 6, 2009,scarpe hogan outlet, Peixian Labor and Social Security Bureau made the decision "not identified injuries," the. & Nbsp; Pei Wang Jianling finding of Labor and Social Security Bureau refuses to accept, to Xuzhou Municipal Labor and Social Security Bureau to apply for administrative reconsideration. November 2009, Xuzhou Municipal Labor and Social Security Bureau issued by the administrative reconsideration decision, maintain finds Peixian Labor and Social Security Bureau. & Nbsp; At this time, Wang Jianling of litigation as the only choice. C. Two trials do not support injury March 2010, Wang Jianling sued Gulou District Court in Xuzhou City, the Xuzhou Peixian levels and labor department to court, requesting the court to revoke the defendant Peixian Labor and Social Security Bureau made on Jun injuries not identified decisions and administrative reconsideration of Xuzhou Municipal Labor and Social Security Bureau to maintain a written decision and request finds Jun killed belong to injury. & Nbsp; May 20, 2010, Xuzhou City Drum Tower District Court made a verdict on the case. The court dismissed the claims of Wang Jianling of. & Nbsp; Wang Jianling appealed his conviction, appeal to Xuzhou City, Jiangsu Province, the Intermediate People's Court. & Nbsp; July 21, 2010, Xuzhou City Intermediate People's Court hearing of the case. Court, the original defendant,http://www.chinanewauto.org.cn/bbs/home.php?mod=space&uid=17443, the two sides still around Jun whether to perform the functions violence suffered a fierce debate. & Nbsp; Wang Jianling believe that the first instance Court found that the victim Jun specific duties Xinhua branch "bookkeeping" and Pei Jing An nighttime security Credit Union headquarters, the day after the completion of the work of the Xinhua branch has been working to shift back to headquarters the next morning 7:50, these facts can be confirmed Li Jun was killed during the performance of duties, but the Court of First Instance identified victims killed time is not clear. In addition, the Court of First Instance that "the perpetrators harm the victim's behavior in this case is a criminal offender under abnormal thinking dominated implemented victim causes the victim not work,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=," Wang Jianling think about "under abnormal thinking led" perpetrators judgment too Subjectively, this negative "murder victim not work reasons" lack of basis. & Nbsp; "Injury Insurance Regulations," Article XIV: "during working hours and workplace, the discharge of duties by the violence, accidental injury, should be recognized as work-related injuries." Wang Jianling believes that "after completion of the Xinhua branch husband bookkeeping work King arrived safe and continuous duty credit unions, and is responsible with class "work in order to compete for jobs offender caused the death of her husband, in line with the three basic elements related injuries that the victim during working hours, in the work area, killed due to work reasons, should be injury. Labor department said the victim was not injured fulfill my duties, apparently made this provision narrowly critical understanding. & Nbsp; Appellee Peixian Labor and Social Security Bureau, said the respondent, according to the provisions of Article XIV of the sixth "Work Injury Insurance Regulations", on the way to work by motor vehicle accidents, only belong to injury. Li Jun is clearly not part of this legal situation. In addition, according to the Office of Jiangsu Provincial Labor and Social Security "on the implementation of & lt; Injury Insurance Regulations & gt; Several Problem opinions" Article XIV: "perform duties due to violence and other injuries, refers to others because they do not obey the workers to perform job duties management behavior, and violence against workers caused by injury, the violence and to perform duties should have a direct causal relationship. "And in this case, there is no relationship between management and the management of the offender and the victim, not the perpetrator of violence perform job duties due to management practices, that the perpetrators of the victim against the victim of violence is not applied to security work that is caused due to the victim to perform job duties, the victim also did not conduct the implementation and management of the offender to perform job duties. Therefore, the perpetrators of violence and victims applied to perform job duties does not have a causal relationship. & Nbsp; September 8, 2010, Xuzhou City Intermediate People's Court made a second trial: dismissed the appeal and upheld the conviction. & Nbsp; The court held that, Li killed time should be recognized as commuting time, but does not belong to Li Jun casualties "on the way to work by motor vehicle accidents" and "laws and administrative regulations should be recognized as work-related injuries," the situation. Meanwhile, Li Jun and no between victim and offender work leadership is leadership, management and managed relations, perpetrators of crime against Xinhua bureau all workers in the post, which does not exist between the victim and the victim to perform personal grudges duties generated, therefore, does not have a causal relationship between the "perform duties" and the victim casualties. It does not comply with the relevant provisions of casualties "Work Injury Insurance Regulations". & Nbsp; Wang Jianling said that in order for her husband to have a say, in order for his son, in-laws good show, she will appeal the departments concerned. D. Are injuries & nbsp; & nbsp; legal experts dispute Nanjing University of anonymity labor law experts believe that the court arguable. & Nbsp; He noted that the injury concept of "work" refers to workers performing their duties (business) in the labor process behavior, injury refers to workers in the labor process due to their duties (business) suffered an acute injury. Case, whether identified violence belong to injuries suffered by Li Jun, the key to see whether they meet the provisions of Article XIV of the third term, "industrial injury insurance regulations," that during working hours and workplace, the discharge of duties by violence accidental injury. The provision in working hours, the workplace and the reasons the three elements must be satisfied in order to identify whether the injury? Legislative Affairs Office of the State Council of Politics and Law Division of Labor and Social Security on the legal interpretation believe that there are two meanings: First, the workers perform their job duties, make some unreasonable or unlawful purpose does not reach these people out in retaliation for the workers to carry out violence in personal injury; the second refers to the working hours and workplace, employees perform job duties because of injuries suffered. According to the interpretation of the first layer of meaning itself as the innocent party of workers due to work with others, suffered the disputes of others (at fault) malicious retaliation hurt, although not within the working hours and workplace injuries still should be identified. & Nbsp; So, Li killed is not working why? In his view, Li killed neither of passion, but also non-financial killing, revenge killings and more impersonal resentment caused due to causes entirely work - the defendant SUN Zhi - guo Li Jun's considered normal work posts blocking his path, so only pain killers. & Nbsp; Comprehensive facts of the case, the experts believe, Li killed is caused due to perform job duties, in line with the core elements related injuries - work reasons. In conformity with the work reasons, working hours and workplace elements should be identified as an ancillary element. He stressed that labor relations, legal principles and spirit of the injury protection is to protect non-malicious employee injuries due to work or after work-related activities to obtain relief, the content as long as the workers who have suffered work-related injuries can be associated, For the definition of working time will have to be judged according to the different nature of the work, as long as the injury situation does not belong to the scope of work-related injuries ruled out, it should be recognized as work-related injuries. The present case, since the normal performance of duties Jun drew the waiting list SUN Zhi - guo staff dissatisfaction, and eventually even the tragic fatal disaster. Although he was killed on duty in his way,http://collabzo.com/nccfportal/blogs/1985/305423/swallow-the-way, but the reasons for its victim to perform job duties is based on retaliation. If only a few minutes because there is no place not on duty rushed identified as work-related injuries, conscientiously perform their duties if the work is not identified as the reason, if for no reason murdered due to work,collane tiffany, the results are not to any workers' compensation, which is contrary to labor law intention and fairness legislation to protect workers' legal rights and interests, but also contrary to the legislative purpose "industrial injury insurance regulations" to protect the rights of law,tn requin pas cher, and not conducive to workers to perform their duties. & Nbsp; However, Renmin University of China Law School Professor Li Jianfei believes that Li Jun is working reason victims conclusion is deduced from the behavior of the offender out, but injuries that the "work reasons", refers to duties that in the performance of work duties hurt, this is a most fundamental point of injury. Accordingly, he believes the court decision was correct, Li indeed difficult to identify victims of work-related injuries. & Nbsp; & nbsp; & nbsp; & nbsp; & nbsp; Sina exclusive manuscript statement: This work (text, images, graphics and audio and video) for Sina,http://www.huafeng360.com/home.php?mod=space&uid=53423, unauthorized, and any media or individual is allowed in whole or in part. 

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