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accidents reported to police vehicles and did not find
civil law expert, Professor Qiu Lu South wind that listen such cases, the judge must grab the details of the case very carefully, because another case of shared responsibility alter widely. The owner died, the direct cause of the accident is certainly not theft. Car theft, whether the responsibility of people, the key depends on whether the theft causal relationship with the owner died. If the theft occurs, the owner has died,
上海:家政业“抱团”共享保姆资源 -- 浙江新闻网 news.zj.com, then people just criminal liability car theft,
"glow in the dark air yeezys ", no civil liability. Only in the event of theft the owner has not died, and the theft seriously affect the car owners were found to be embezzling talent civil liability.
case of conflicts and distinctions so large, the tribunal particularly cautious.
Gaochun Court accepted the case, has organized three hearings. Mr. Han's proof before the overturn, the implementation of theft when he said, Lee has been stationary, without breath of life. He confessed himself in trouble, but said he has been held criminally responsible, beneath no duty to civil liability,
"nike hi dunk ", because Lee's death was caused by accident, nought to do with him.
the case when the focus is theft, whether the owner died. Civil law experts believe that, although no autopsy identified as support, but along to the police statement in car theft and general wisdom, an can suppose the owner was not dead, and therefore shall bear civil liability car theft sentence. Our reporter Chen SS
controversy: whether the delay in treatment theft
After the incident, police on Lee's body was identified, the Department identified the cause of death in traffic accidents by the shock of redundant bleeding, but no autopsy,
christian louboutin black pump, and accordingly failed to identify the time of death. Given Lee's body had been cremated, the family, Lee can not testify the accurate time of death. The Han Moujian said, when he implemented theft, Lee was yet dead.
latch people 3 Tribunal Zhao Bao that the decree and virtue are the two areas. From a moral class, found that traffic accidents, not only does not treat, merely likewise in difficulty, surely despised by the public. In ordinary people's awareness, the burglar stole the motorcar, leading police did not ascertain the impaired, is bound to bear the duty. From a lawful level, the thieves stolen property, to bear the guilty duty, as to not bear civil responsibility, depends above his behavior and the victim of theft if the causal relationship between death, and this certify namely required confirmed. This case, there namely no identified time of death, if the person sentenced to bear duty for car theft, the testify a mini missing ashore; if people do not bear responsibility for car theft sentence, easy to produce negative social effects. Work done by the court, the 2 sides coincided to settle, car theft were 10 million wage, which is not opposition the law, yet did not injury public mandate and agreeable ethics, good results can be said.
■ Expert opinion
proceedings, the judge has done a lot of aware mediation, and finally last week to enhance reconciliation between the parties: Mr. Han, one car theft were compensation for the deceased's family $ 100,000, the two sides agreed to no disputes. The judge admitted that the cause why exertions to enhance mediation, because that is the case, closed in mediation, legal and social effects better than a muscular sentence, but also aid determination conflicts, help nourish public order and good German.
Results: 100,000 compensation for car theft were
night, a man in Nanjing witnessed the accident Gaochun, not only failed to rescue the injured police, anti the injured motorcycle and mobile phone stolen. Police received the alarm shriek of others rushed to the scene, the injured could not be found. The next daytime,
"new balance outlet ", found the injured died from his injuries. After the incident, Yang was sentenced for theft. Family of the deceased that the man stole the car, where the time delay, the consequences of death can not avoid its responsibility, so the claims go to court extra than 30 million. Because no autopsy dissection, the time of death can not be resolved. The Gaochun court mediation, the two sides recently reached a accommodation, car theft, man-time compensation of $ 100,000.
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proceedings, the judge learned that the white, the courts early final year, Nanjing has tried cases with similar circumstances, that weekly on May 9 last year, reported the A41 version of the : lad on late-night fall from the viaduct, bicycle fell on the deck, was towed away cleaners, as well as the police failed to happen fellow, 5 months after the guy turned into bones. White, the courts held that, after the fall there is no evidence that Zhang is still the respiration of life, cleaner and move it away bicycle Zhang's behavior is no causal relationship between death, the families of premier instance dismissed the claim. Against family members,
salvatore ferragamo postman sack NUK专柜已停售问题爽身粉 沪监管部门或发撤柜通知, has prayed to the Court, is still awaiting a final sequel.
13 days,
karen millen red coat, police found a stolen motorcycle, and car theft were arrested Mr. Han. Mr. Han, 40 years old, is a woodworker. He confessed that the nightfall of 11, he was a man riding a motorcycle home later Fengshan Road Kung village road, I saw a lit headlight motorcycle down the road on the teeth, see no one around, he played of greed. the helmet fell to the ground, issued a 'whirring' sound. and then to their before go elements Juji, then wade back, removed the man's motorcycle.
magistrate held that to sentence Mr. Han people responsible for car theft, there have to be evidence of Mr. Han's theft delayed treatment time, and this is either a point of disagreement.
roadside bushes the next a.m. found the die
contrast two cases, not laborious to find, Gaochun case, a greater degree of mistake automatic theft people - main bedroom he saw the car in the grass, not only do not rescue, but also in two stolen motor cars and mobile phones. The white lower case, the detergents did not discern the employer, towed bike is the implementation of the
according to the Previously there have been alike cases, such as the media has reported, a girl leg injuries, absence to fast go to the big hospital for treatment, such as delays are probable to be amputated, but when she had security check on a wheelchair, the airline refused to be enrolled machine, the girl had to take the car to dissimilar city's important hospitals, delayed numerous hours, the last thigh did not keep. Girl sued the airline claims, the court supported its deeds, it is based on this theory.
before the appearance of police had been stolen motorcycle chance
focus on car theft when the owner has died
case to
salute to comment I ambition to annotate
a civil law expert, told reporters on the applying of the law in such cases more difficult the existing civil law theory may not annotate.
2010 年 12 月 11 日 19 点 20 minutes, truck drivers, Kang driving through the Economic Development Zone, Fengshan Road Gaochun Kung village road, see a motorcycle down the road on the teeth, pedaling a car headlight. 19:27, Gaochun Cooper two police station rushed to the scene. But did not find described by roadside police motorcycle. 19:35 alternatively so, they are 200 meters away on the Garden Route for the Soviet Union AQE350 found a motorcycle brands, because police did not provide authorize panel digit, police can not determine the car is not a vehicle accident, did not pass the system found the owner had to return.
Mr. Han did no anticipate the consequences of his instantaneous greed ruined so solemn. After the incident, he was base criminal of theft was sentenced and fined. Lee's household namely the deceased, Mr. Han stole motorcycles and mobile calls led to the behavior of police failed to detect Lee, postponed management time, resulting in the death of Lee lost manipulation opportunities. In January, Lee family taken to court, Mr. Han claims to the absolute loss of 30 million yuan.
12 日 7 am some way through Kung Fengshan countryside road, the grass on the roadside found a dead male, then bell. Police rushed to the scene found the male face down on the grass appearance the road with caustic brain falls on the ground full of blood. After inquiry, the man, surnamed Li, Gaochun County, about 40 annuals age, died Department of unilateral accidents (that is, not collisions with additional vehicles). Family members confirmed that about 11, at 7 pm, Lee Su AQE350 drink driving motorcycle home from a friend of departure, then missing. Police swiftly accomplished that Lee is the 11th night they did not see approximately to find the victim.
if the owner when the theft happened died anyhow, you can This theory is introduced from the prevalent law has been accepted in the trial over, it manner that where an doing causing the loss of the chance, the criminal shall bear civil liability. Case,
"onitsukatiger " 长江西路隧道有望年内开工 -- 浙江新闻网 newspaper.zj.c, from the motorcycle fell off the motorcycle owners, it may just fall dizzy, not if the motorcycle was stolen, police can easily find him, he rushed to the hospital, then he is likely to be saved. Car theft, stolen motorcycle, so he lost the contingency to get treatment.