a man was found dead in the roadside bushes

显示全部楼层 · 发表于 2016-1-4 07:16:01

Nanjing Gaochun night a man witnessing a traffic accident,[url=[第一私募论坛]http://www.simu001.cn]magentagiovani.it/]moncler sito ufficiale], the police not only failed to rescue the wounded, the injured anti-motorcycle and mobile phone stolen. Police received the alarm call others rushed to the scene, could not find the injured. The next day, was found injured he died. After the incident, Yang was sentenced for theft. That the family of the deceased, the man stole the car, delayed treatment time, the consequences of death can not shirk its responsibility, so the prosecution to the court claims more than 30 million. Because of the autopsy have not dissected the time of death can not be determined. Gaochun court through mediation, the parties reached a settlement in a few days ago, car theft man one-time compensation of $ 100,000.
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Event Playback
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Car accidents reported to the police who did not find
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At 19:20 on December 11 2010 or so, a small truck driver Kung Kang driving through the village of Fengshan Road, Gaochun County Economic Development Zone section, see a motorcycle fell on the road teeth, headlight open. "I suppose a traffic accident, to call the police, because there was nobody roadside, I have no fear of being misunderstood parking." Kang said later. 19:27, Gaochun Cooper police station two police rushed to the scene. But did not find the roadside motorcycle alarm people described. 19:35 or so, they found on the Garden Route 200 meters away a grade for the Su AQE350 motorcycle, since the police did not provide the license plate number, police are not sure the car is not a vehicle accident, did not pass the system check to the owner, had returned.
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The next morning was found dead inside the roadside bushes
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At 7:00 on the 12th, it was through Fengshan Road Kung village road, a man was found dead in the roadside bushes, then alarm. Police rushed to the scene found the man face down on the road outside of the grass, head serious falls, the ground full of blood. After investigation, the man,[url=[第一私募论坛]http://www.simu001.cn]europhoto1.it]tiffany milano], surnamed Li, Gaochun County, about 40 years old, died of a unilateral line of traffic accidents (ie not collide with other vehicles). Family confirmed that 11 evening around 7:00, Lee Su AQE350 drink driving a motorcycle from a friend's house,[url=[第一私募论坛]http://www.simu001.cn]studiodentisticoriccardi.it/]hogan outlet], then missing. Police immediately realized that Lee is the 11th night they look around for the victims but did not find it.
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The original police arrived before the accident had been stolen motorcycle
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13, police found the stolen motorcycle, car theft and arrested Mr. Han. Mr. Han, 40 years old, is a carpenter. He confessed that the evening of 11, he was a man riding a motorcycle home, the road passes through the Kung Fengshan village road, I saw a lit headlight of a motorcycle fell on the road teeth, see no one around, he played greed. "Rotary car lights shine on the roadside bushes, I saw a man there Fuzhuo. I stay well after the motorcycle, walked beside the man touched left his cell phone, see the man lying face down the helmet off the ground, issued a 'whirring' sound. "Later, Mr. Han told the police that he believed that people must drink high, they did not say anything, the man's motorcycle quietly pushed onto another road then his cavalry to the previous unit of work, then walk back and took the man's motorcycle.
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Case hearing
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Controversy: Theft whether treatment delays
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Mr. Han did not expect the consequences of their greedy and sometimes could even be so serious. After the incident, he was found guilty of theft was sentenced to a fine. Lee's family that the deceased, Mr. Han stolen motorcycle and mobile phone behavior causes the police failed to find Lee, delayed treatment time, resulting in the death of Lee lost opportunities for treatment. In January this year, Lee families taken to court, Mr. Han claims to the total loss of more than 30 million.
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Gaochun court accepted the case,[url=[第一私募论坛]http://www.simu001.cn]abitus.it]moncler sito ufficiale], it has organized three hearings. Mr. Han's confession before the overthrow, when he said the implementation of theft,[url=[第一私募论坛]http://www.simu001.cn]m-pep.org/spip.php?article4012][第一私募论坛]http://www.simu001.cn]m-pep.org/spip.php?article4012], Lee has been motionless, lifeless. He admitted himself in trouble, but said they had been held criminally responsible, under no obligation to civil liability, since Lee's death was an accident caused no relationship with him.
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After the incident, police on Lee's body was identified, the Department identified the cause of death in traffic accidents by the impact of excessive bleeding, but no autopsy, and therefore failed to identify the time of death. Given Lee's body had been cremated,[url=[第一私募论坛]http://www.simu001.cn]boatbuilders.us][第一私募论坛]http://www.simu001.cn]boatbuilders.us], and the family was unable to prove Lee's exact time of death. And said when he implemented theft, Lee has died.
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Therefore,[url=[第一私募论坛]http://www.simu001.cn]lecasegialle.it]peuterey spaccio outlet], conflicts and divergence case,[url=[第一私募论坛]http://www.simu001.cn]imlnk###/x171958x1x1.html][第一私募论坛]http://www.simu001.cn]imlnk###/x171958x1x1.html], the Court particularly careful.
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Proceedings, the judge learned that Nanjing white under the court hearing earlier this year together to plot similar case, that the newspaper last May 9 A41 edition reported "Nanjing Green bones case": night guy fall from the viaduct , mopeds fall on the deck, was towed cleaners, as well as the police failed to take place promptly guy, five months later, the guy turned into bones. White under the court hearing that there is no evidence to suggest there is still life after the fall of Zhang breath, there is no causal relationship between the behavior of the cleaners to push it away Bicycle and Zhang died, the families of First Instance dismissed the claim. Families refused to accept the appeal to the Court has been, and is still awaiting a final outcome.
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Compare the two cases, difficult to find, Gaochun case, a greater degree of fault auto theft people - the master bedroom he saw the car in the grass, not only does not rescue, but also in two stolen motorcycles and mobile phones. The white lower case, cleaners did not see the owners, but also the implementation towed Bicycle "wrecker" This job behavior.
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The judge held that to sentence Mr. Han car theft, liability,[url=http://web-archive-me###/me/d/deadeyes.me/2013-08-25_2706222/index.php]http://web-archive-me###/me/d/deadeyes.me/2013-08-25_2706222/index.php], there must be evidence that Mr. Han theft delayed treatment time, and this is precisely the focus of the two sides dispute.
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Results: car theft, compensation for 100,000 people
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Proceedings, the judge consciously done a lot of mediation, the two sides finally led to a settlement last week: car theft, families of the deceased man,[url=http://cgi4.synapse.ne.jp/~oni/joyful/regist.cgi]http://cgi4.synapse.ne.jp/~oni/joyful/regist.cgi], Mr. Han time compensation of 10 million, the two sides agreed no dispute. The judge admitted that the reason why efforts to promote mediation, because I think it is the case, closed in mediation, legal and social effects were stronger than good judgment, but also conducive to resolve conflicts in favor of the maintenance of public order and morality.
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President Zhao Min San locked treasure that the law and morality are the two areas. From the moral level, the discovery traffic accidents, not only do not cure, but also looting, certainly despised by the public. In recognition of ordinary people, the thief stole the car, resulting in the police failed to timely discover the injured, is bound to bear the responsibility. But the legal level, the thief stolen property, to bear criminal responsibility, as to do on civil liability, depends on whether the causal link between the death of his theft and injured, and this evidence is needed proof. This case, there is no identified dead time, if sentenced to car theft who bear responsibility, a bit lacking on the evidence; if people do not bear responsibility sentenced to car theft, easy to produce negative social effects. By the court to do the work, the two sides finally agreed to a settlement, car theft, people compensate 100,000 yuan, which is neither in violation of the law, but did not harm public order and morality, it can be said to be relatively good results.
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■ Expert opinion
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Focus when car theft if the owner has died
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A civil law expert, told reporters that the law applicable in such cases on the more difficult, the existing civil law theory could not explain.
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If the owner has not yet died while theft occurs, car theft who can be held accountable under the "opportunity lost civil liability" theory. This theory is introduced from the common law, has been adopted over the trial, it means that an act resulting in the loss of opportunities for the treatment of others,[url=http://orangebeer###/fantasy/fantasy.cgi]http://orangebeer###/fantasy/fantasy.cgi], the perpetrator shall bear civil liability. Case, motorcycle owners from the motorcycle fell, probably just fell dizzy, if the motorcycle has not been stolen, police can easily find him, he rushed to the hospital,[url=[第一私募论坛]http://www.simu001.cn]ipheco.net/home.php?mod=space&uid=5200][第一私募论坛]http://www.simu001.cn]ipheco.net/home.php?mod=space&uid=5200], then he is likely to be saved. Car theft stolen motorcycle, so he lost the chance to get treatment for.
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According to "lost opportunities civil liability" theory, the families of people entitled to claim compensation for car theft. Previously there have been similar cases, such as the media has reported, a girl leg injuries, need to quickly go to a large hospital for treatment, such as delays are likely to be amputated, but when she sat in a wheelchair through security when he was refused boarding airline machine, the girl had to take the car to another big city hospital, delayed more than a good hour, final leg did not keep. Girl sued the airline claims, the court upheld its proceedings, it is based on this theory.
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Civil law expert,[url=http://xn--czru2dx95dd1q###/news/html/?10951.html]http://xn--czru2dx95dd1q###/news/html/?10951.html], Professor Qiu Heron Wind South believes that the trial of such cases, the judge must grasp the details of the case very carefully, because the responsibilities of the different merits of the assessments vary considerably. The owner died, the direct cause of the accident is certainly not theft. Car theft, whether the responsibility people, theft and owner of the key depends on whether the causation of death. If a theft occurs, the owner has died, then the car theft who just held criminally liable, without civil liability. Theft occurs only when the owner has not yet died, and the theft seriously affect the owner is found, the theft of talent should bear civil liability.
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The focus is on the case when the theft occurred, whether the death of the owner. Civil law experts believe that, although no autopsy identified as a support, but according to a theft in the police confession and knowledge of life, you can identify the owner was not dead, and accordingly bear civil liability judgments made car theft. Our reporter Chen Shanshan
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a man was found dead in the roadside bushes

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