tory birch flats Foreigners killed in car accident

Recently, the Chinese People's Insurance Company Shenzhen Branch lawyer to Hunan Hengyang City Intermediate People's Court of Appeal, requesting that the company paid with a car accident case decision to re-encounter the error trial. Therefore, once quiet





2009 年 3 月 9 in the morning, Singapore nationals Chen Rui Zhao Guangzong drivers who take the Hunan Hengdong small bus somewhere through the Hunan section of Beijing-Zhuhai Expressway, the weather was foggy field of vision is limited. Meanwhile, in the high-speed section of the department's Henan Province, Hunan Dancheng shicao countryman Zhang Weihua, was driving with a heavy tractor trailer driving. Despite all foggy weather conditions, Weihua not required to reduce speed. When he found the driveway in front of passing lanes and a traffic accident, less strain, resulting in the car in front of a cement mixer collided while driving the cement truck interspersed with moving violations from the left of the small passenger car collided Zhao Guangzong . And also promote Zhao Guangzong small passenger van collided with a heavy, resulting in tragedy. Chen Rui small passenger car who died on the spot. Same car with Chen Rui Zeng Hui, Chen Li, Zhao Yang Jie, Zhou Hongming also were injured, five of which have been disabled for the Hui, Chen Li of ten disabled.

Chen Rui's parents raised in the trial in this case, Chen Rui is their only child, students and immigrants in Singapore. Two plaintiffs invested their life-long growth of human, material and financial resources. Chen Rui sudden death, giving them an irreparable mental giant hit and huge economic losses. Therefore, the plaintiff asked the defendants for compensation for the loss of a total of 400 million yuan.
the case decision, the local judiciary lead to Shenzhen People's Insurance Company agents Luoqiu Lin counsel, in accordance with international common practice and principles of civil and commercial law, foreigners are engaged in civil activities to enjoy, If for foreign economic development than China or foreigners in their own country's standard of living higher than in China,tory burch totes, gave higher than our national treatment of foreigners, it is unfair to our citizens, that is the real unfair.
decision caused controversy, Zhao Guangzong negative secondary responsibility for the accident. Chen Rui's dead loss 799,855 yuan, the injured have been Hui 205,760.42 yuan, Chen Li 37524.06 yuan, Zhao Jie 49,331.51 yuan. Liability by the defendant.
Therefore, road traffic accidents in the case of death compensation shall be in accordance with Chen Rui, by the Court of Appeal last year where the disposable income of urban residents per capita net income of rural residents, or standards, calculated according to two decades, but more than 60 years of age, the age reduction for each additional year of age; 7 of fifteen years or more,tory birch flats, calculated by five-year
first instance court also held that, in the consistent application of the principle of full compensation under the premise of tort law should apply equitable principles, considering the economic situation of the parties,christian shoe 车主在车内连住22个夜晚抓获扎胎人(图), should decrease the amount of compensation. Chen Rui public defendant's parents as compensation for 400 million, may cause the public life of the accused and their families, caught in the production extremely difficult. Therefore, based on ten thousand yuan compensation range.
the accident by the Hunan Public Security Bureau Traffic Police Corps detachment Tan Lei speed management unit identified: Weihua in violation of the The main reason causing the accident, should bear the main responsibility for the accident. And Zhao Guangzong driving case before the motor vehicle stop or slow moving queue, interspersed with travel from the front side of the vehicle, is the secondary cause of the accident, bear secondary responsibility for the accident.

this end, the China Youth Daily reporter, Wuhan University Law School Dean Professor Xiao Yongping. That the present case involving foreigners, should first apply to the In other words, the case for all personal injury compensation criteria and calculation should be based on Chinese law in force as a basis.
legal experts: compensation may be appropriately higher


2009 年 4 15, Chen Rui's parents to the incident location Hengdong people's court proceedings. September 29, 2009, Hengdong People's Court held a public hearing of the case.

However, local people pointed out that there are legal, according to defense counsel's view, then, foreign people in China can get some compensation after the accident, how can you afford to pay back the cost of raising their families, which it is not fair?

Professor Xiao Yongping said in this case, if people do not need to Chen Rui dependents living in Singapore, but live in China, their compensation will not necessarily be that high. Therefore, Chen Rui higher compensation may be appropriate, but in a reasonable range,tory burch flip flop 战绩回想, and the need to provide sufficient evidence.

defendant Weihua Liu Xueqin's agent argued that the plaintiff's claim for compensation is too high, only agreed to pay compensation in accordance with legal standards. Another defendant, the Chinese People's Insurance Company Shenzhen Branch also argued that the plaintiff's death and compensation for moral damages are too high, and there is no legal basis. Very different views of all parties.
However,five toe shoes, despite all of the value of life is the same,karen millen clothing, but the price is not exactly the same. Because each person's experience and cost growth, the burden of family responsibilities, the income level of death, dependents of the cost of living is different. He believes that, in a traffic accident victims with different compensation received is reasonable.
case of road traffic accidents in the PRC's Hunan Hengdong,ralph lauren uk, according to the tort damages for violations of the laws' provisions, should apply to our legal proceedings, and in accordance with our statutory standard to calculate the amount of tort damages.

the judgment, died in a road accident, the plaintiff not only to bring the families of mental pain, and directly to the family of the deceased to bring economic losses. As the national economic development are significant differences between different nationals living expenses and wage levels vary widely, according to our country if all the standard compensation for our country from the more economically developed countries,lauren ralph lauren outlet 　遇难人数增至40人 12名, people, because can not make up their losses, contrary to our tort law system, the function value and the principle of full compensation of damages, unfair.
the same time, the case belongs in the People's Republic of road traffic accidents occurred in foreign-related disputes, personal injury compensation cases, personal injury damages does not belong to the sea, the two are totally different in nature. First trial application of the law applicable to this requirement is wrong.
Singapore nationals who died in a car accident, and the family claims four million yuan
the reporter Hongke non