www.theplague.fora.pl Forum Index www.theplague.fora.pl
 FAQFAQ   SearchSearch   MemberlistMemberlist   UsergroupsUsergroups   GalleriesGalleries   RegisterRegister 
 ProfileProfile   Log in to check your private messagesLog in to check your private messages   Log inLog in 

Chuang judicial interpretation pedestrian railway

Post new topic   Reply to topic    www.theplague.fora.pl Forum Index -> Rekrutacja/Recrutation
View previous topic :: View next topic  
Author Message
Top Gun

Joined: 10 Aug 2013
Posts: 7099
Read: 0 topics

Warns: 0/5
Location: England

PostPosted: Mon 2:48, 13 Jan 2014    Post subject: Chuang judicial interpretation pedestrian railway

's lives, for pedestrians, "Chuang railway "responsibility for the accident,[url=http://www.ccw-ad.org/wp-includes/customize.php?p=174]authentic nhl jerseys cheap[/url], the provisions of the amount of compensation changed dramatically, described as" Qian Kun Da Nuo. " "Chuang railway" tragedy "of rural pension nail in the coffin for her son, what we do not require, at least give us an explanation." Said this is the pony Sanyi. Night Dec. 6, 2008, the 19-year-old colt young workers in Anhui to Beijing when walking through Beijing railway package Shahe,[url=http://bbs.51winp.com/thread-254462-1-1.html]http://bbs.51winp.com/thread-254462-1-1.html[/url], is a high-speed EMU Zhuangfei, died on the spot. After the tragedy, the colt's family could not accept the fact that they think the colt was able to walk through the railway, the railway is because there are 3 to 5 meters on both sides did not set up barriers,[url=http://www.premierpress.com/ipplan/system.php?p=558]order abercrombie online uk[/url], Railway Bureau, there is no obvious warning signs, but did not send duty. Therefore, they paper petition Railway Bureau to court. Railway Bureau also wronged, they think, "People Railway Act" expressly prohibits pedestrians crossing the railway line, crossing guard rail access to the railway network,[url=http://www.frugalsites.net/cgi-local/chronicle/board-profile.cgi]http://www.frugalsites.net/cgi-local/chronicle/board-profile.cgi[/url], the colt crossed the railway law, should be held accountable. In addition, the colt crossed the line, do not belong to high-speed operation of the railway, in accordance with the "Railway Act",[url=http://www.phideltbruins.org/wp-includes/temp.php?p=63]Abercrombie & Fitch Mens Pants[/url], less than 120 kilometers per hour road without installing guardrails,[url=http://nnc.or.jp/~y-miy/bbs/light.cgi]http://nnc.or.jp/~y-miy/bbs/light.cgi[/url], not to mention their own ponies over the fence last. This interpretation has been refuted family pony,[url=http://www.ccw-ad.org/wp-includes/class.php?p=1086]Womens Barbour Buttermere Duffle Coat[/url], pony's agent said there is no evidence that the crossing fence, because the fence has gaps, do not need to climb, pedestrians are common. The trial was over, sitting in the gallery of the pony four aunt would cry uncontrollably. She said her son entrusted to his sister, did not take good care of themselves, Railway Bureau is not timely repair damaged fence is irresponsible: "The railway is opposite the village, the field work of Congress live in the village, they commute need to pass through the station,[url=http://www.meirihanyu.com/home.php?mod=spacecp&ac=blog&blogid=]http://www.meirihanyu.com/home.php?mod=spacecp&ac=blog&blogid=[/url], because there is a gap, have become a walk through the natural channel. "In recent years,[url=http://www2.mi-tsuke.com/jjoyfule/jjoyful.cgi?mode=res&no=2846:http://www2.mi-tsuke.com/jjoyfule/jjoyful.cgi?mode=res&no=2846%22]http://www2.mi-tsuke.com/jjoyfule/jjoyful.cgi?mode=res&no=2846:http://www2.mi-tsuke.com/jjoyfule/jjoyful.cgi?mode=res&no=2846%22[/url], the pedestrian" break railway "when knocked events have occurred, mostly in the sides of the railway is no fence or fence damage No repair sections, one is careless pedestrians, illegal offense caused; hand rail sector is also to blame. In the Beijing Lawyers Association, deputy director of Transportation traffic management and legal experience to ultra-professional committee Dong opinion, this is the result of urban development, "when early railway construction site, in principle, is far from the city, but with the development of the city, urban area The larger share of the pie more, many railway 'is the city',[url=http://www.avis.ne.jp/cgi-usr/anpie_kokusaika_bbs.cgi]http://www.avis.ne.jp/cgi-usr/anpie_kokusaika_bbs.cgi[/url], on both sides of the tracks had become desolate crowded places, and even a track 'Cut' on a family contracting field,[url=http://www.crla.net/zenphoto/zp-core/customize.php?p=2168]Gucci Portafoglio al Caffè Script Cuore Logo inciso[/url], a common area of ​​the village. Additionally, Railway construction process rarely needs to consider the people, simply 'railway how easy repair', is located not want people to walk through the fence, and even in some places there is no fence. "pony four aunt believes that pony accident lots, while the village, while the station, laying railroad villagers travel to great inconvenience; road and rail crossing is formed naturally, Railway Bureau did not send care, there is no crossing lights and warning signs, for pedestrians, "Chuang railway" offers the opportunity and conditions. "Compelling" judicial interpretation issued in 1979, the State Council forwarded the Ministry of Railways, Ministry of Communications, Ministry of Public Security on "Trains collide with other vehicles and personnel casualties outside the railway deal Interim Provisions",[url=http://www.wht.mmtr.or.jp/~jyari/book/bbs/note/aska.cgi]http://www.wht.mmtr.or.jp/~jyari/book/bbs/note/aska.cgi[/url], which states that the train staff and external road accident, indeed difficult for the deaths of family life, was given 50 yuan to 150 yuan fee cremation or burial expenses by the railway authorities, but also to give a one-time fee of 100 yuan relief to 150 yuan, injured during hospitalization, eat the required food stamps required to pay by myself. In 1994, the State Council promulgated the "railway passenger transport damages provisions," which increases the amount of compensation, but not large, only 700 yuan to 900 yuan. September 1,[url=http://www.chicagoift.org/includes/class.php?p=908]cheap pittsburgh steelers jerseys[/url], 2007, the State Council promulgated the "railway accident investigation and handling of emergency rescue and regulations",[url=http://www.gredossandiego.com/old/customize.php?p=569]Mens Barbour Acre Down Quilted Jacket[/url], the amount of compensation adjusted 150,000. While these administrative regulations, ministerial rules step by step to improve the amount of compensation, but did not make a clear definition of the responsibilities of railway accidents. This requires the introduction of judicial interpretation,[url=http://theicor.org/library/customize.php?p=112]cheap nfl jerseys wholesale[/url], to be clear of their responsibilities. In addition, in the eyes of the law, judicial interpretation "had" introduced, because there has been a collision law and law in the trial practice. Encapsulation of young legal scholars believe, "" Railway Law "Article 58 provides that illegal crossing through the flat tone, or a pedestrian, or the railway line to walk, sit cause personal injury, personal reasons are victims of their own casualties. This is clearly in the railway sector to shirk its responsibility, and the "Civil Law" Section 123 regulations on high-risk jobs in contradiction. Moreover, "Railway Act" drafted by the Ministry of Railways official, typical of the sectoral legislation, to get the NPC Standing Committee Council to discuss, such sectoral legislation is sometimes difficult to remain impartial. Such a law introduced after only adverse impact to the public. " For a long time, "Railway Law" Article 58 and "Civil Law" Article 123 Uehara often become two sides of the court accused the collision point. Moreover, the Board also proposed to ultra: "May 1, 2004, the Supreme Court issued a" personal injury compensation judicial interpretation "of railway accidents and compensation standards are often contradictory follow." Railway accident investigation and handling of emergency relief and Regulations "provides the highest standard of compensation of 15 million yuan, but in accordance with the" judicial interpretation on personal injury compensation, "certainly higher than 150,000 yuan, the Beijing is concerned, basically compensation for urban residents reached 50 million, which in the judgment there have been contradictory. "Dong to super also said that China's railway accident cases are heard by a railway court, railway court is under the leadership of the Ministry of Railways of the trial mechanism, it is difficult to convince people of its fairness. "Right now, the state judicial system reform, the railway trial court system is likely to be included in national court systems to manage, and the executive decoupling, which should also be introduced in the context of judicial interpretation." "There is a reason this year, the upcoming July 1 implementation of the "People's Republic of Tort Law" is actually forcing the railway accident compensation must be incorporated into a unified trial track. "In Encapsulation view, these reasons have led to this judicial interpretation of" compelling "and introduced. Judicial interpretation of "people-oriented" This judicial interpretation since March 16 implementation, for responsibility, the amount of compensation provisions pedestrian "break" Railway accidents has changed dramatically. In determining the extent of the victim's own fault, fully taking into account the factors of time, place, environment and other aspects of the accident. Chao Dong to think: "This judicial interpretation put forward very clearly the responsibility of railway accidents, that is, the railway sector is a no-fault liability borne by the railway as long as pedestrians, other motor vehicle accidents, the railway sector is not at fault and should bear the responsibility!. Compensation is based on the proportion of pedestrians or other vehicles of the fault, appropriate to reduce the liability of the railway sector, the ratio is between 80% to 20% of pedestrians or other vehicles throughout the losses in other words, whether the other party has no obligation, railway had to pay 20% of the minimum terms,[url=http://www.coscoshman.com/bbs/forum.php?mod=viewthread&tid=1809508&fromuid=189606]http://www.coscoshman.com/bbs/forum.php?mod=viewthread&tid=1809508&fromuid=189606[/url], which is applied to the principle of liability without fault, unless the railway sector to provide evidence that the accident was caused by the victim intentionally, otherwise the railway sector is not a defense. relevant provisions of the regulations and China's "Civil Law" phase supporting the train once and pedestrians, vehicle collision, presumed to be the first railway fault. believe the victim is at fault if the rail, rail to the burden of proof,[url=http://www.opentelemac.org/includes/customize.php?p=84]abercrombie and fitch sale outlet[/url], and then reduce the responsibility of the railway, the proportion of no-fault compensation in 10% to 20 %. "So, this judicial interpretation and the applicable laws of the past, the biggest difference is more emphasis on humane care, people-oriented, appeared dead, the victim's personal rights protection. The introduction of judicial interpretation, have a significant impact on the country's railways. Attention must start each railway pedestrian safety, and if you do not attach importance to a traffic accident, then the court for legal costs to be paid will be greatly increased. "For example, before the railway sector in order to reduce costs, but simply a way a point of trouble, do not consider people's legitimate right of passage if want, I'm sorry, please bypass. Additionally, the fence is damaged, the railway authorities did not in time to fix it, acquiesced long walk through the pedestrian actually lay hidden for the accident. "Encapsulation believes that after the introduction of judicial interpretation, the railway sector should seriously consider pedestrian Why" break Railway "was. "Chuang railway pedestrian certainly have some mistakes, but they should also consider why rush Why do people want to open the fence Twists and repair the damaged fence Why do Explanation is simple, because railway Chuang convenient, protective Column pedestrians to be around very long way, very inconvenient, and I hope the railway sector to consider fundamentally, this place since there is need for people to travel, when the construction of a railway,[url=http://www.rcv.org/webcal/class.php?p=600]milano tiffany[/url], is not to add some cost, repair an overpass or underground channel, fully taking into account the safety of the people, which is much more than repair the fence once and for all. was sparse and not blocking. "Although repair overpass or underpass is a cost, but compared with the lives and property of the people,[url=http://www.normo.co.uk/html/system.php?p=2571]cheap jerseys nfl authentic[/url], which Point cost is negligible. "So this judicial interpretation forcing railway institutionally as a strong corporate administrative color, face the kind of overweening idea of ​​his past." Dong to Super said. In 2009, the State Council made it clear that we should vigorously develop the railway track transport, which is not only difficult to get a ticket in order to ease, but also for the economy of our country's future development lay the foundation. I hope after the introduction of judicial interpretation, to better protect the economic and social development, service and guarantee social justice, but also the general public should prompt us to "cherish life." Link: judicial interpretation of relevant content ★ judicial interpretation of Article 10 provides that: personal injury caused by rail transport, railway transport enterprise shall be liable for compensation; otherwise provided by law, in accordance with its provisions. Article 5 provides that: personal injury occurring in rail transport, railway transport enterprises evidence to prove one of the following two cases, it is not liable for: (a) force majeure; (b) the victim deliberately lying on rails, collision, etc. caused. ▶ According to the judicial interpretation of the provisions, even if the railway transport enterprises have fully fulfilled security, alerts and other obligations, and only staff on duty at the victim does not listen to discourage or ignore warning signs forbidding flag by hard-line railway level crossings, pedestrian aisle or vertical walking along railway lines,[url=http://www.chicagoift.org/includes/class.php?p=2228]cheap hockey jerseys from china[/url], or sit on the railway line and cause personal injury and other limited circumstances, to exempt from liability railway transport enterprises. In more cases, it is appropriate to reduce the liability only railway transport enterprises. ★ judicial interpretation of Article 6: where victims crossing, crossing, damage, move on both sides of the railway line protective walls, fences or other protection facilities across the railway line, stowaways trucks, trains cling marching in walkways is not set railway bridge, the tunnel traffic, climbing elevated railway lines, as well as other unauthorized access to the railway lines, stations, garages and other areas of fault behavior of railway operations, causing bodily harm, according to the degree of fault shall be appropriate to reduce the victim's railway transport enterprises liability. ▶ According to the judicial interpretation of the provisions are not sufficient to fulfill the railway transport enterprise security, alerts and other obligations, the victim above fault behavior, the railway transport enterprise shall be liable for between 80-20% of all losses; has fully fulfilled security, alerts and other obligations, the fault of the victims are still subjected to the above-mentioned acts, railway transport enterprise shall be liable for between 20-10% of all losses. (Excerpt from "Law and Life" semimonthly first half of April)

The post has been approved 0 times
Back to top
View user's profile
Display posts from previous:   
Post new topic   Reply to topic    www.theplague.fora.pl Forum Index -> Rekrutacja/Recrutation All times are GMT + 1 Hour
Page 1 of 1

Jump to:  
You can post new topics in this forum
You can reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot vote in polls in this forum

fora.pl - załóż własne forum dyskusyjne za darmo
Powered by phpBB © 2001, 2005 phpBB Group