Court through the door

Court through the door, you can see Zheng Zhanggeng (fourth from left) plaintiff couples and relatives in the reporter Li Hui photo gallery
32 years ago due to an accident killed his mother , after a long wait, finally ushered Zheng Zhanggeng Court of First Instance hearing. Yesterday morning, Xi'an Beilin District Court on the 20th court of the gallery, with all three generations of 12 Zheng Zhanggeng family relatives, filled the court's public gallery.
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80-year-old from Henan relatives came to attend
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Filed in 1978, he killed her sister Xurui E thing, Zheng Zhanggeng 80-year-old uncle, still hard to calm the inner sadness. That case is finally hearing the news, the old man, accompanied by his wife, the night from Henan arrived in Xi'an to attend the trial. "My sister died injustice ah, a few decades, so many years of suffering of our family, others can not imagine." Speak, old hands trembled.
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Zheng Zhanggeng wife said, 32 years ago, her mother's portrait has been hanging in her living room. Every day to see the photos, the elderly are to be unable to appeal and guilt.
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It seeks compensation and an apology
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10:30 Xu, in court on behalf of his four brothers and sisters, for the court on the case in 32 years after the trial, thanks. They asked the court to sentence the defendant first construction company in Xi'an and the first hospital in Xi'an, compensation for loss of 520,000 yuan, and the family of the deceased apology.
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When a statement of the relevant facts and reasons, say, February 24, 1978, his mother and sister to the first hospital to visit sick father in hospital, 17:30 Xu, mother and daughter ready to go home,Louboutin Bottines, go through from the inpatient to the hospital door the only way to be housed in the hospital under construction fell on a piece of wood hit the building, the mother died on the spot, my sister was also injured.
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Over the next several years, they repeatedly seek government departments, requires first construction company responsible for the death of his mother, persevering first construction company refused to recognize this and have related. So many years, they did not hear an apology, then the responsibility of the unit, did not get a penny of compensation. It makes them feel, at the time of the historical background, the individual units at the national level to a construction company discussion to say, has become almost impossible.
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Unit two defendants have denied responsibility
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Zheng Zhanggeng the prosecution of four siblings, the first construction company in Xi'an first agent in his own name, on the matter, expresses sympathy and understanding. Then he replies that the plaintiff alleged facts, but their party statement, no relevant evidence. In 1978, China is still in the planned economy, when it was first built hospital buildings are arranged by the Government. Just a business relationship, not the relationship between the hospital and the contracted construction company. In addition, in accordance with the Civil Code, the statute of limitations has passed the case, the first construction company responsible for the matter.
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First Hospital of Xi'an argued before the the hospital as the second defendant,http://www.okhsw.com/home.php?mod=space&uid=400195, who has never had the right to claim to hospitals. After the incident, the hospital has done to rescue duties, was to treat the casualties. The case has already exceeded the statute of limitations, the case should be attributed to die. First Hospital,http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, also said the case is not the responsibility of the hospital, and in the construction side.
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Yesterday, the first construction company in Xi'an personnel also said that what happened 32 years ago, even the fact that those managers who also died the death,Louboutin Baskets Femme, leaving the left, after their investigation, found things difficult to verify said Zheng Zhanggeng . Xi'an, the first construction company said the issue must rely on the evidence speak, they only authentication data.
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Zheng Zhanggeng was granted three weeks to prepare
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Followed the hearings, although to the Court provide a lot of evidence, but the evidence is evidence 30 years ago,http://d.0717wf.com/forum.php?mod=viewthread&tid=2392311, the court in accordance with legal procedures, requirements must be issued by a court of the relevant witness evidence to prove the authenticity of evidence . Zheng Zhanggeng proposed, then these witnesses, and now some of them have passed away, and some due to job transfers, has been difficult to find, requested the court to grant some time proof.
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Because of the court proceedings not know enough about the evidence submitted to the court failed to correspond fully prepared for claims 520,000 yuan is also not in accordance with legal procedures set out in detail which contains the content,Louboutin Pas cher, the indictment only referred to the spirit of compensation, while no specific number, the court agreed to give three weeks, so he will prepare the relevant content again after the full hearing.
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Yesterday 12:30 Xu, after nearly three hours of the trial, the court adjourned the trial, and chose to continue the hearing.
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Expert opinion
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Professor of Civil and Commercial Law,Louboutin Mary Jane, Northwest University of Political Science in sensitive considered high
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Special cases can refer to the current law enforcement
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Yesterday,http://bbs.cug2313.com/home.php?mod=space&uid=223971, after the end of the trial, the reporter interviewed Professor School of Civil and Commercial Law Civil and Commercial Law, Northwest University of Politics and Law, master tutor high in sensitive, he's 30 years to improve the legal environment, legal aspects of the case is suitable to talk about his views.
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High in Min said, "In 1978, our law is not much, 'legal nihilism' ideas dominate the people, and after something happens,http://www.8liuxing.com/home.php?mod=spacecp&ac=blog&blogid=, few people think through legal channels. After 30 years of development, we have a sound legal system, gradually increase the legal awareness of citizens. "
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From today's perspective,http://lb168.com/bbs/home.php?mod=space&uid=40698, the construction site of wood falling stoned people, damage occurs, the infringing party should bear the legal responsibility to make appropriate compensation. This thing can happen in 32 years,http://club.tangguo100.com/home.php?mod=space&uid=75264, combined with the prevailing circumstances, we will consider, first, the Court should not accept the case? Second, today's hearing the case, should be in accordance with the law and when? Thirdly, the basis on which solatium standard reference?
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"This happened in 1978, when such civil cases,Louboutin Plates-forme, legislation is blank, then must be held accountable for damages, there is no legal basis for police, courts have not been authorized by the law,http://www.nn2014.us/forum.php?mod=viewthread&tid=71059&fromuid=8231, was afraid to settle a lawsuit is understandable Now sound laws, and personal injury compensation law, the court reopened Beilin, hearing this murder 32 years ago, this responsible attitude worthy of recognition. Zheng Zhanggeng persistent activist spirit worthy of admiration. "
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High in sensitive that happened in the past, in principle, can be applied to the present law, that is, we often say "before the incident after discomfort Law", but not absolute, taking into account the nature of the case, the case can be referred to the current law implementation of the system. As for the amount in question solatium, high in Min we believe that the incident should reference price, income level, considering all factors do decision.
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This series of articles written by the newspaper reporter Hui She