129773184463750000_33Recently, dongchuan district, Kunming, Yunnan province people's Court a copy of the judgement aroused public concern. Zhang Wenxin private affair that happened at the driving the bus traffic accidents causing casualties, court bus affiliation Xundian Hui yi autonomous county people's Congress Office (hereinafter referred to as "Office of the county people's Congress"), compensation for loss of sons Zhang Xin and his grandfather Li guorong Zhang Wenxin economic 340,000Yuan. Why do gongchesiyong the public compensation? Judgment of the Court, immediately attracted controversy.
Reporter to call the Office of the county people's Congress asking events progress, the Office in charge, the case has been appealed to the Kunming city intermediate people's Court, "we are waiting for the Court of the second instance messages". After the incident is. March 30, 2009, Xundian County people's Congress Standing Committee Vice Chairman Zhang Wen when writing new procedures to leadership, public holidays off 4-day (March 31), and according to the relevant regulations for official requirements, using the buggy of the county people's Congress, to dongchuan district, relocated mother-in-law grave matters, and to cover fuel costs. March 31, Zhang Wenxin drivingVehicle crash, killing 3 people including Zhang Wenxin, Li Dongmei and his wife, killed, 2 injured. Road traffic accident responsibility determination by the public security authorities, Zhang Wenxin herewith. After the incident, is the army's son of Zhang Wenxin Xin became an orphan. Xin and his grandfather Li Dongmei Li guorong repeatedly requested the county people's Congress Office compensation of economic losses caused by traffic accident deaths in the.Two years on, things did not progress.
They will come to the Court of the county people's Congress Office, claim compensation for funeral expenses, death of Li Dongmei, maintenance, accommodation and spirit soothe payment more than 360,000 yuan. , On September 7, 2011, in dongchuan district, two public sittings of the court hearing the case.
In the trial, became a focus of the law applicable in the present case. The plaintiff on behalf ofLirenhuqionghua lawyers said the case arose in the Supreme People's Court on the application of the tort liability Act, a number of issues prior to the notification of, and therefore does not apply the tort liability Act. And the liability of road traffic safety act on specific subjects, particularly motor vehicle liability within the party and did not provide. Gongchesiyong makes no provision in our laws, judicial practice from singleManagement of duty of care to determine responsibility for defects, to full protection and relief to the victims. Office of the county people's Congress is considered: first, the lawsuit has been more than 2 years, second, official car Zhang Wenxin affair, is understandable. Zhang Wenxin is a direct infringement of the accident, and its liability should be third, vehicle useZhang Wenxin not there fault, also do not exist on the management of an obligation, yet there are laws and regulations require unit to unit staff are not allowed to take vehicles to use. Dongchuan district, the Court believed that Zhang Wenxin approved units of vehicles and driving duties not related to activities of a road traffic accident, Li Dongmei in the accident caused by death, Office of the county people's Congress did not meet management obligations, Li Dongmei died in the accident that damages shall bear civil liability for the consequences.
Dongchuan district, a trial court order compensation of the county people's Congress Office Xin, Li guorong economic losses amounted to $ 348,465. On February 24, Deputy Director Zhao Wenfu xundian County people's Congress said, the Court of first instance did not Zhang Wenxin Division responsibilities and county people's Congress Office, Office of the county people's CongressWill be brought to the District Public Prosecutor's Office protest. Gongchesiyong experts ' viewpoints should be presumed to have official activities in the present case, vehicle and driver is not an ordinary civil relations
tera power leveling, but the relationship between public law on the Civil Service Act. The bus, belonging to the administrative law sense of "public property or public property", its use in addition to the civil law, mainly regulated by specific administrative law constraints
tera gold, such as the railways actFor railway use belong to the property of special provisions for public domain use.
Circular, issued by the supervision Department, and all levels of Government about "no bus, licensed, rented, loaned" requirement, also was on public property by special specification for public domain use. Therefore, unless the law expressly authorize, buses use must be used for "official" purposes. From the sense of the assets, violation of the bus managementProvides loan for the bus, loaner firearms and violation of the gun control Act, there is no substantive difference. All use of bus, legally presumed "public activities".
Illegal lending does not change for the bus "public private" properties. Buses may be full time driver. If an accident occurs, the drivers only take personal responsibility (mainly administrative liability),Affiliations and its civil liability by the bus (or management). If they think there is intent or gross negligence of drivers, after external responsibility, you can recover all or part of the loss according to law.
But it cannot be denied defence of external accountability. In this case the driver of Xundian NPC staff, regardless of the county people's Congress is at fault (thingReal management exists on the gross negligence), its consequences, of course, should be borne by the national people's Congress (through death, their individual executive responsibility, criminal responsibility is no longer held). While the victim and driver of husband and wife, but should still be seen as official of the county people's Congress on the legal infringement, tort liability County people's Congress should be held. (Law School of China University of political science and law professor Jie Zhiyong) unit to take the car without much in the civil law relationsI think this event has three: the first is the relationship between bus Executive in the management discipline, which lends the county people's Congress Office Zhang Wenxin bus discipline, this is an internal disciplinary issue; the second relationship is the relationship between public institutions managing public property administrative law, which lends the county people's Congress Office Zhang Wenxin vehicle relating to the violation of administrative law, it is the relationship between public law;Relationship between the three is the Office of the county people's Congress as a vehicle owner is responsible for the Zhang Wenxin used vehicle crash, this is private law relations.
Public court decision puzzling, is that there is no distinction between the three main relationships, more importantly Court also confuse the relationship between the three. Court of the county people's Congress Office lease acts of administrative discipline, on the administrative law of the bus is not reasonableManagement of public property offence understood in civil law "does not meet management." Simply put, take car of the county people's Congress Office Zhang Wenxin is a disciplinary offence and may be in violation of the relevant regulations, but in private law (civil law) did not exist in the relationship between fault. Zhang Wenxin bear full responsibility for the accident, should be liable for compensation of Li Dongmei, however the case special is that LiIs husband and wife, both deceased, if judgment be liable for nothing, which is equivalent to the plaintiff's own liability. So, the Court rejected the prosecution. In addition, local discipline inspection and supervision departments should be conducted in the county people's Congress is a disciplinary offence, an offence dealt with in giving the public an explanation. (Vice President of Yunnan University Law School Professor, Wang Qiliang) debit without faultAssume joint and several liability in addition to involving "private bus" a "news watch", the fact of this case and the General and indiscriminate traffic accident cases. Although the tort liability Act does not apply, but the road traffic safety law, the Supreme People's Court on some issues concerning the trial of cases of compensation for personal injury law interpretation has established the principle of fault liability in traffic accidents.In general terms, that is, if the lender at fault (for example, lends the vehicle a security flaw, not eligible to drive), borrower and should bear joint and several liability if lenders without fault, the borrower and should not bear joint and several liability. Although in this case, Office of the county people's Congress may not there fault, lose a bit in the first instance for their grievances. But the case is still a warningMeaning: relevant departments under the bus in the reform process should strictly deal with the relationship between public and private, to avoid unnecessary legal disputes.
(Executive Director of the US law firm in Yunnan Li chunguang) such a judgment would encourage gongchesiyong the case reflects the perfection for bus management system, the laws are also missing. From the legal point of view that if judge County people's Congress OfficeResponsibility, one is force to do, not the social rule of thumb; the second is encouraging gongchesiyong. First of all, does not take responsibility of the county people's Congress Office. Master only to administrative privileges because of duty of care in negligence is responsible for. During driving the vehicle, was out of the range of normal control unit on the bus, unable to perform in accordance with the regulatory obligations, onlyAll risks borne by the people of actual control of the vehicle.
Second, the county people's Congress Office take death a car and take no direct causal relationship between damage
tera gold, take cars is not the direct cause of death leading to motorist and his wife. Extension question: xundian County people's Congress approved buses for private use, for loss, instead people should be held accountable to take car of responsibility. (Yunnan UniversityAssociate Professor of Jiang Xin) ()
Others:
No comments:
Post a Comment