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Old 04-22-2011, 01:15 PM   #1
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Default 健尔马足疗机官网|女子atm机取钱遭劫杀 引发银行是否

  本期主持:记者叶伟

  本期嘉宾:江西财经大学法学硕士、律师蔡明江西师范大学法学院教师、律师罗久保南昌市东湖区人民法院法 官张跃生

  新闻背景

  5月25日,沉浸在悲痛中的九江市武宁县小学老师张向东一家迎来了爱女张苗苗遇难七周的日 子。

  张苗苗,女,1984年出生,武宁县新宁镇人。张苗苗生命的终点被定格在4月7日0时08分46秒。当 时,在福建泉州做设计师的她来到泉州市丰泽街毅都大厦一自助银行取款,丈夫聂丙华则在车上等她 。

  就在张苗苗取钱时,一名男子走进自助银行,张刚取出钱,身后的男子便拔刀,发疯似的向张苗苗的身体扎去 ,仅仅10秒,张苗苗身中13刀。听到妻子呼救的聂丙华冲进银行,奋力抱住歹徒,歹徒将尖刀捅向了聂丙华。 张苗苗的呼救,引来了附近一家KTV的两名保安,凶手祝美华被擒,健尔马足疗机二代,张苗苗被送进医院,经抢救无效死亡。

  案发后,福建当地电视台在报道中播放了记录现场血腥一幕的视频,这段监控视频随即在网上热 传。

  然而,当死者家属欲找凶手索赔时,得知对方家中一贫如洗。无奈之下,健尔马足疗机多少钱,死者家属找到银行,但银行方面坚持认为无需承担责任,并只愿意提供1万余元的“人道援助”。

  在自助银行被抢,银行该不该赔偿,再次挑起了法学界关于这一话题的争论。而记者在南昌市走访发现,南昌 许多银行ATM机旁没有保安,储户取款安全环境令人担忧。

  议题一:

  自助银行深夜可以取钱,为何不设保安?

  主持人:晚上银行下班之后,银行ATM机依旧可办理存取款业务,可这时,我们基本看不到保安或银行工作 人员的身影。

  张跃生:我们可以回顾一下此前发生的“上海女子凌晨在自助银行存款时遇害”、“扬州自助银行发生持刀抢 劫血案”、“劫匪夜闯自助银行抢劫女储户”等案件,不难发现,此类案件每年呈上升趋势,并有相同点:一是案 发时间都是深夜,健尔马足疗机怎么样,自助银行没有巡逻的保安或者银行工作人员;二是被抢者大部分是女性。所以,在深夜时分,女士们最好不要单 独到自助银行取款。

  主持人:公众的疑问是,自助银行24小时提供服务,银行为什么不能提供24小时人身安全保 障?

  张跃生:从已发生的“自助银行劫案”来看,银行往往认为市民在自助银行里发生伤害被抢案件,银行作为服 务机构无需担责。但我还是坚持认为,既然银行提供24小时存取款服务,就应该为这些客户提供安全保障,应该 提供24小时保安巡逻,而现在包括南昌在内许多城市的银行,健尔马足疗机二代,并没有提供这些安全保障服务,这和银行认为成本高有关。

  议题二:

  自助银行发生劫案,健尔马,能找银行赔吗?

  主持人:张苗苗遇害案中,凶手家中无法提供经济赔偿,而银行仅提供“人道援助”,受害者家属遇到这一情 况该怎么办?

  蔡明:我认为在这起案件中,凶手祝美华肯定是基本的赔偿主体,由于祝美华家徒四壁,因此,现在死者家属 可以获救助的途径主要有两个:可以向银行申请救助,毕竟被害人是在他们的银行里面遇害的,健尔马足疗机,银行基于人道主义的考虑,可以先给他们一点补偿;还可向民政部门申请救助。等这起案件在法院判决生效执行 之后,死者家属还可以向法院申请被害人国家补偿。

  主持人:从法律方面,死者家属能否寻求银行的“赔偿金”?

  蔡明:《消费者权益保护法》第11条规定:消费者因购买、使用商品或者接受服务受到人身、 财产损害的,健尔马足疗机,享有依法获得赔偿的权利,健尔马足疗机官网。在本案中,虽然受害人前往的是自助银行,但并不意味着银行就完全不负有保障消费者人身安全的义务。银行有 义务采取必要的措施,保障客户必要的人身安全,包括配备保安巡逻等。如果采取措施仍不能预防或避免血案发生 ,银行有义务停止夜间服务。但本案中银行并没有采取足够的措施,依法应当承担赔偿责任。

  议题三:

  劫案盗案频发,银行屡赔钱冤不冤?

  主持人:前段时间,在上饶、赣州、九江等地发生多起市民在自动取款机取钱时,因密码被窃,导致存款丢失 案。储户将矛头指向银行,而法院大部分都支持了储户的诉讼请求,银行承担一定的赔偿责任。那么,银行冤不冤 ?

  罗久保:储户在自动取款机上取款,被犯罪分子通过技术手段盗取密码,充分说明自助银行从技术上尚无法充 分保护储户的存款安全,应对储户被盗款项承担给付责任。银行在全国范围内设置自助柜员机,本身能从中获取经 营收益,因此人机交易中的交易风险,应当由设置柜员机的银行承担。所以说,“银行替犯罪分子埋单”是有法律 依据的。

  主持人:储户到银行大厅取钱时,银行工作人员刚把钱递给储户,即被不法分子抢走,之后银行认为与己无关 ,是这样吗?

  罗久保:只要储户没有走出银行大门,银行就应该承担全部责任。银行作为为金融消费者提供服务的单位,应 该配备必要的安全防范措施,保证消费者的人身、财产安全。

  文/胡晓玲记者叶伟
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Old 04-22-2011, 01:21 PM   #2
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Default

Optimistic, cheerful smiling face with the disease Hu Yan Tao.
Hu Yan peach family. Speaking Hu Yan
a peach, an old grandmother could not stop the tears flowing. Hu Yan Tao
a decent home and almost no furniture, the wall is also close to her certificate.

Chengdu, Sichuan News Network News March 2 (Xinhua Zhang Jinchun) This is a touching story of a post trigger. Protagonist of the story is called Yan Hu Tao, 20 years old, studying at Sichuan Agricultural University.
if not a post,tory burch online, perhaps few people know this beautiful girl and her poor family is suffering from leukemia torture. It is also because of this post,tory burch boots, let out a warm hand of many users, 25 million donation to withstand the pain and suffering this girl again find hope.
doom descend

2010 the last day, as Hu Yan Tao memory of the pain day. She was on a sudden leg pain in class, five days after Hu Yan Tao in Yaan City Hospital was diagnosed with acute leukemia, the next day transferred to the West China Hospital. Reviewed again by the West China Hospital eventually was diagnosed with acute lymphoblastic leukemia L2 type, the face of this result, the poor family to an instant collapse at that moment.
20-year-old Yan Hu Jin Tao Soon, who lives in the town of Le Zhixian 11 Yuhe Village group, studying at the College of Veterinary Medicine of Sichuan Agricultural University of Pharmaceutical Professional 08 1 classes. Hu Yan Tao family has seven people,tory burch sales, 89-year-old great-grandfather, grandfather mother, father and mother and 8-year-old brother, before her mother unfortunately died before the two children, and as the youngest of her relatives were sent to the family infinite hope. Early father had tuberculosis, not to engage in manual labor,tory burch uk, unskilled laborer can only go out to do. It is necessary to support the elderly at home, but also raising children, the family goes by a rigid.
Hu Yan Tao know, waiting for her treatment would be endless, astronomical health care costs and dragged down by their own families ... ... time seems to get a medical certificate in the Hu Yan Tao was the moment to stop.
a female college students, Striving to provide because of this post, Hu Yan Tao's fate is slowly changing.
User Hu Yan Peach moved their families face numerous friends.
original, Hu Yan Tao is posting a classmate in the understanding of the situation, his classmates to scrape together some money to Hu Yan Tao's mother, her mother literally do not, not have much money. Yan Tao mother refused to see the students take care of the money from, the students were impressed by the simplicity of Yan peach family. Yan Tao for tens of thousands of families are already so not a small number of future treatment costs hundreds of thousands is an astronomical figure.
how best to help swallow a peach? Classmates constantly want to approach. After some discussion, they decided to use the power of the network to gather more social love, let us work together to help Hu Yan Tao. Thus, the first evening of 13 posts will appear in the spicy Sichuan News Network community.
There are a lot of friends that evening the corresponding thread.
order to allow more people to believe the authenticity of the post, the next few days, the students running around, looking for proof of the post content has been added. Hu Yan diagnosis by hospitals peach, in reading proof, proof of domicile relevant departments, student cards, ID cards, photo ... ... to be added to the post in succession.
hot friends in action

attention more and more users post, the post also caused hot spicy Community Forum Moderator Ziyang Needham's attention. To further verify the authenticity of things, Joseph Needham, a specially commissioned music to users to understand the situation on the ground Hu Yan Tao home. The face of huge medical expenses, Hu Yan Tao's father, helpless, said: to this unfortunate granddaughter, has long been the face of the tears.
tearful grandmother, dilapidated courtyard ... ... a picture deeply hurt the heart of Needham. He decided to further mobilize friends to help this unfortunate family.
2 15, the Needham community in the hot post by government departments for help. Impressed by the pictures and text for each person opening the post, more users are beginning to join the operation to save Yan Hu peach, and a message expressed the hope that the contributions of Yan Hu peach.
order to further expand the Sichuan News Network attached great importance to focus on and do post processing.
She went to visit, and in line with policy to support the range, reflecting the party committees and governments care about! 17 morning, Comrade Ziyang City Bureau of Civil Affairs on behalf of Gilbert to the hospital to see the secretary Hu Yan Tao, LI Jia conveyed the concern and care secretary, and sent to the family assistance payment of 5,000 yuan. Party Secretary Li Jia more people infected with the book, there are users post, said: 'She said,' the happiest things for the people '! she says so, it is done! Kim Sun Yue Zhixian town government and other relevant departments with 16,800 yuan in relief funds to the hospital to visit Hu Yan Tao. The same day an article entitled
Hu Yan rescue teams peach growing. User requirements should be, the students will be Hu Yan peach and telephone account posted on the web. Condolence calls, text messages and donations started coming to the Hu Yan Tao.
Yan Hu Ziyang people understand the situation of peach and love are constantly together.
2 24 February, organized by the Committee in Ziyang,tory burch shoes, Party Secretary Li Jia personally instructed, the City Federation of Trade Unions, City Women's Federation, the Urban Youth League, the Urban District, all have contributions from all business units, city leaders and Le Zhixian person to represent the leadership of Gilbert visited Chengdu, Hu Yan, secretary to the peach, and sending our love donation of 16 million. Municipal Committee, Municipal Federation of Trade Unions President Chen Liping further implementation of the West China Hospital of Comrade Hu Yan peach on the implementation of the China Charity Federation Gleevec to help plan health care projects were funded. Levels of the organization and the community through the love of the donor, and the great help of West China Hospital, Yan Hu Tao received the cost of treating a temporary solution.
Moderator Hu Yan Tao Needham been in that second tranche of 16 million donations, when excited, full of love condolence messages, many users specifically to the hospital visit. See post, Nanchong a family rushed to the hospital to visit West Hu Yan Tao, and bring love donations. Users every day to Hu Yan Tao Li Chen sent a text message,
addition to the students running outside Hu Yan Tao, Hu Yan Tao, Sichuan Agricultural University, where students also launched fund-raising. School leadership has been to the hospital to visit her. According to Veterinary Medicine of Sichuan Agricultural University, Party Secretary Wang Li introduction, March 2 The school will conduct a large-scale fund-raising, school teachers and students always worried about Hu Yan Tao's condition.
to the final interview, the reporter found that the protagonist of this story is not only Hu Yan Tao, the hand of every person out of love should be the protagonist of this story. They love the hands to promote the continuous development of the story. Strong and optimistic girl, kind of enthusiastic users, with action practice I hope that more of the river here, together, until it becomes a warm sea.
love are still together,tory burch flip-flops, Relay continues ... ...
(Editor: SN021)
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