Her husband was in a car accident sexual dysfunction wife to the driver, the owner claims 100,[url=[第一私募论坛]http://www.simu001.cn]islandtransportandtaxi###/link.php]moncler Outlet],000 court said no legal basis dismissed- l% j% p: n9 A, K" e( c
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(Reporter correspondent Linxiu Jia Wei Lina, Liao Yanchang) a sudden car accident, resulting in middle-aged man's sexual function Tsang damage also affected his wife Ms. Yang's "sex." Recently, Ms. Yang before the court "sex rights" of the complaint,[url=[第一私募论坛]http://www.simu001.cn]chinaylpos###/forum.php?mod=viewthread&tid=2874][第一私募论坛]http://www.simu001.cn]chinaylpos###/forum.php?mod=viewthread&tid=2874], requested the driver, the owner compensation for moral damages fee of 10 yuan. Court that the current judiciary does not recognize such "sex rights", and the main prosecution request compensation for moral damage should be Mr Tsang, rather than Ms. Yang. Was dismissed after the prosecution, Ms. Yang did not appeal.9 a$ i8 ^; i4 V, R0 p( {
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( q7 |' ~+ v& A& n. \8 O y( ]6 u2 l7 bAt 13:30 on April 5, 2012, Mr Tsang driving two motorcycles and Zhu driving small cars collided, causing Mr Tsang injury. Identified: accident led to Mr Tsang, "erectile dysfunction",[url=[第一私募论坛]http://www.simu001.cn]nj-bridge###/ad/Review.asp?NewsID=486][第一私募论坛]http://www.simu001.cn]nj-bridge###/ad/Review.asp?NewsID=486], is a nine disability, in addition, Mr Tsang cervical spine fractures, spinal cord injury, is eight disabled. After the incident, the traffic police department to accident Confirmation, identified the car driver involved Zhu bear the main responsibility for this accident, Mr Tsang bear secondary responsibility for this accident.- O; R1 v1 }- l. y
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Because sexual function and damage, Mr Tsang and his wife Ms. Yang was unable to lead a normal married life,[url=[第一私募论坛]http://www.simu001.cn]buscasalsa###/spip.php?article357][第一私募论坛]http://www.simu001.cn]buscasalsa###/spip.php?article357], not only to Mr Tsang also gave Ms. Yang tremendous mental anguish. Yang believes that this is the fault of the driver Zhu, so as to "sex rights" have been violated on the grounds, took place in Guangdong Raoping county court proceedings to the accident, requiring car owners Zhu and soothe common compensation for moral damage gold 100,000 yuan.
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: `6 w; S0 M$ R" H' @7 WCourt: the judiciary does not recognize
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Are indirect damages
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8 `. e0 F9 j! ^! G8 f( E) T0 m& N- Y' vCourt after hearing that the focus of dispute in this case is whether the violation of the right to life Zhu Yang, the right to health,[url=http://uswebsitebuilder###/temp.php]piumini woolrich], right to the body. The so-called "sex rights", in the current judiciary does not recognize this right,[url=http://123.57.237.39/read.php?tid=1454609&ds=1]http://123.57.237.39/read.php?tid=1454609&ds=1], we can not arbitrarily create rights. Wounded "sexual dysfunction" can be given the appropriate wounded himself in emotional or disability compensation, Ms. Yang suffered mental damage, just a collateral damage,[url=[第一私募论坛]http://www.simu001.cn]appaltipubblici.it/link.php]piumini woolrich sito ufficiale],[url=http://103.41.7.107/read.php?tid=93197&ds=1]http://103.41.7.107/read.php?tid=93197&ds=1], and does not have a direct interest in the case. You can sue for moral damage compensation request shall be Mr Tsang, rather than Ms. Yang. Therefore, the court rejected the prosecution.
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' f9 d/ h, w5 CFirst People's Court of Dongguan City, Huang judge adjudicating another case "sex rights" Case said that China's current law on "sex rights" provisions is still blank, and, based on sex spouse rights arising from the right, the right to subject her husband or wife, the law does not clearly defined. Therefore,[url=[第一私募论坛]http://www.simu001.cn]910955###/home.php?mod=space&uid=451462][第一私募论坛]http://www.simu001.cn]910955###/home.php?mod=space&uid=451462], the "sex rights" case in the trial process is also faced with the dilemma of applicable law. "As people's awareness of the law, judicial practice has no shortage of independent citizens to pick up legal weapons to safeguard their own rights cases life."2 I0 [! I1 |, P* l" C3 A+ T
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Focus Cases
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No "sex" Who lost?6 }2 A5 y: x1 [7 c8 I8 n5 Q6 m x
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Lawyer: Compensation precedent$ d5 d$ y0 E" N' f
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Instead of the spirit of solatium* {, _- e; i- ~* |9 m$ `
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, Q3 t9 C1 j: h8 m8 ^Dongguan Qiming Chen Zhenghua law firm lawyers said yesterday,[url=[第一私募论坛]http://www.simu001.cn]linhai521###/news/html/?192261.html][第一私募论坛]http://www.simu001.cn]linhai521###/news/html/?192261.html], Shandong, Sichuan and other places in recent years,[url=http://bbs.weilanhaian###/home.php?mod=spacecp&ac=blog&blogid=]http://bbs.weilanhaian###/home.php?mod=spacecp&ac=blog&blogid=], there have been similar cases, the wife of 100,[url=[第一私募论坛]http://www.simu001.cn]radon.it/site/]hogan outlet online],000 square awarded 20 thousand dollars, but in the application of law, generally classified on the right to life, the right to health, body weight against compensation. As in 2011, 28-year-old woman from Sichuan Wang, her husband suffered an accident due to the loss of sexuality in the construction company where the defendant husband to court, claims 200,000 yuan "sex" compensation. Dongguan City People's Court mediation first case, Liu's company paid 640,000 yuan to Liu. However, the case hearing, Wang select withdrawal compensation Ryu actually obtained with "sex rights" has nothing to do but work injury damages. Chen lawyers believe that "in fact,[url=[第一私募论坛]http://www.simu001.cn]orangesite.it/temp.php]piumini moncler sito ufficiale], is in emotional 'Flirt rights' another form of compensation."4 s8 e4 R: C. N. ^. v; a$ {5 l
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Mr. Chan said, "Tort Liability Act" judicial interpretation states that all civil rights, "'and other' personal and property rights, 'and so' should the body right, sexual autonomy, such as the right spouse, including the second paragraph of Article II, in fact, spouse has the right to be a positive, but in judicial practice requires further exploration. "4 E, P$ T3 s2 U3 W2 e
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3 J$ I* [* a# D8 Y1 D(Original title: Cable wife after her husband in a car accident "sex rights") |
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发表于 2016-1-5 11:57:58