Likai Jiang insisted that innocent.
alleged that the collision by Li Song retrograde cycle. After about a car accident
old guy riding a bicycle hit the rear wheel of his electric car.
car accident after a small group of elderly people about the electric car hit her while riding the waist.
ride electric vehicles propped up with what happens to students virtually scratch due to court the elderly,
mbt shoes on sale, college students first instance court costs 79,000 yuan compensation for the elderly. Li Kaijiang get the ruling was made to the media reflect that they are The matter reported by the media, caused a big stir in the community, many people have overwhelmingly said: Li Kaijiang in learning from Lei Feng, the first instance verdict is unfair.
the truth in the end how? Li Kaijiang in the end is learning from Lei Feng or traffic accident? March 22 morning, the case in open Zhengzhou Intermediate People's Court of second instance, handing President Zhang Yong personally attend the case. The court also invited friends, NPC deputies, CPPCC members, observers and media representatives on-site appraisal case and the first live trial, the contents of the public hearing users.
□ reporter Han Jingwei Guo Zhen-Zhen Wen intern reporter Xu Junwen Figure
yesterday, the second instance, students insisted that the innocent
courtroom yesterday, a number of central and provincial media have sent reporters to the courtroom to further understand the truth of the incident.
two parties appeared at the trial site.
appellant Likai Jiang, 21, August 2008 incident, he was a police academy in college students.
yesterday, about the situation time of the incident, Li Kaijiang mood became very excited.
Likai Jiang said in the court of appeal:
day electric car he was riding through the side door Zheng Affiliated freshman, the car is dead, his relatives prepared to charge, so the riding very slow. From west to east in his way to the spinning ride, when large overpasses in the northwest corner of River Medical, suddenly heard the
he turned and saw a bike's rear wheel hit the electric car, an old man sitting on the floor, his mouth, later, passers-by came up, including two middle-aged women with kids, said he did not hit the old man, let him hurry.
dispute caused a patrol duty in the vicinity of the attention. Patrol asked the old man, repeating: .
Likai Jiang had thought the matter had been in the past,
mbt outlet, December 28, 2009, Li Kaijiang received a court-ordered judgments: at 15:14 on August 21, 2008, the plaintiff riding a bicycle from the Zhengzhou Song Jinshui Road travel to the river from north to south overpass roundabout doctors were accused Li Kaijiang riding the electric car upside down injured. Diagnosed by the hospital, then home health care costs because there is no treatment so far. The court found that electric cars and Song Li Kaijiang riding bicycle in a traffic accident. Survey evidence finds that can not be verified or Song by Li Kaijiang the fault of one of the parties caused by traffic accidents. According to the principle of fairness, the court held that the plaintiff's loss of a reasonable part of the Song of the commitment by both sides over 50% of properly. So 15 days to pay judgments Likai Jiang Song 10,000 yuan in emotional and other costs a total of 7.9 million yuan.
Event Review, media users have one-sided
's Court, the province, a media once said that Continuous coverage of the Likai Jiang's
time,
mbt shoes, many think: old man lying on the ground in the loss of trust There website is dedicated to Li Kaijiang incident to
Likai Jiang's attorney, Henan University School of Law Teachers Hao Zhenjiang is to see media reports, the initiative to provide legal assistance free of charge Likai Jiang.
for the court of first instance, Hao counsel argues that: the court of first instance for an error of law, the verdict is not the basic facts. Appellee can not prove, Li Kaijiang Court of First Instance can not be found at fault in the accident, of course, can not be proved or determined, appellee's injury or loss and the causal relationship between the appellant. Verdict in the absence of clearly defined legal elements identified the fact that the case can not be identified in the clear that the appellant's fault situation, but 50% of directly ruling the appellant (7.9 million) liability.
Therefore, Hao counsel that: the basic facts are not clear verdict for error of law, is a capricious and arbitrary, requesting the court verdict revocation, revision of first instance dismissed the plaintiff's entire claim, the verdict in the appellant Li Kaijiang case does not bear any legal responsibility.
Yesterday the second trial site, the appellant also invited two witnesses and a woman.
two witnesses said: that time, Li Kaijiang riding in the front of the electric car did not take people off the second person to see Li Kaijiang fact help the elderly, two electric cars do not see Li Kaijiang hit the elderly. But how old fell to the ground, two witnesses were called
old woman alleged that: he gave the driver a ride retrograde
Yesterday, for the appellant's claim, appellee Song called tears several times, said the appellant said Old man pulled out a donation in the earthquake, 1,000 yuan when the two honorary certificate, trying to prove who she is not a much ado about nothing.
Song said yesterday that she is 57 years old, no job in Zhengzhou, Zhengzhou, when she was to see the patient, her life is distress in Zhengzhou.
the case for the time of the incident, Song to the court states that:
afternoon, her golden waterway from north to south along the normal road driving to the spinning wheel to the River overpass west pillar Medical west side, when suddenly a young man riding electric car over, after that he called Li Kaijiang, rear seat also with a woman. Li, east to west along the construction route violated provisions forbidding speeding emergency line, so although Lee had a bus, but his handlebars severely hit her waist, her car carrying the man and knocked to the ground.
her fall, the upper body on the pressure against the front wheel, the wheel of the electric car packed close to the northwestern side of the column, when the electric car can not go, got out, the woman will be pressure on my leg bike lift, push to the northwest there are three meters far. more than 10 meters away, after the man stopped, Li Kaijiang was not
evidence that they exist crime time. According to the testimony of two witnesses,
mbt sneaker, as well as media reported the incident after the incident captured DV video data observed show that Li Kaijiang not courageous, but the traffic accident. Because, according to transcripts of DV data and the police inquiry, Likai Jiang made it clear that their own electric cars and bicycles has been virtually scratch the elderly.
Song Granny's attorney that: due to the illegal driving behavior Likai Jiang, resulting in the electric car and the old bike collisions occur, resulting in traffic accidents. After identification of the elderly constituted a disability now, and now the elderly up and down stairs is difficult. Court under the relevant provisions of the appropriate sentence Li Kaijiang Compensation of appellee is not an exaggeration. Facts of the case clear evidence, the court shall dismiss the appellant's appeal. Maintenance of the trial verdict.
jury site, views are divided
the end of the trial, the court asked the parties agree to mediation, Likai Jiang said: there is no fault of their own, do not agree to mediation.
after the end of the trial, the jury members of the site also had differences on the case. Some members of the jury happened to compassion Li Kaijiang that Li Kaijiang may be innocent.
but there are also members of the jury that the existing evidence does not prove that the elderly are Pengci, and can not prove that Li Kaijiang is being wronged. From the evidence to see, Lee's electric car with the old woman's bike was virtually scratch or actual collision, Lee fell to the ground and the elderly there is a direct causal relationship. Legally, if you can not determine the responsibilities of each party,
mbt sport shoes, and who can not rule out the behavior and the consequences of a causal relationship between, then the two sides according to the principle of equity to be allocated responsibility for the decision. Therefore, the court of first instance was not inappropriate, but there flaws in the interpretation.
court did not sentence the court case. Provide clues Xu Ying Li Zhao