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Created 03-09-2013
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Descripcion 's Court issued a "railway accident compensation dispute judicial interpretation" on the liability of the railway transport enterprises were restructured. See hope families will be responsible for the incident which sections Shichang Railway Company Limited to court, September 7 morning the case in the third floor of Changsha Railway Transport Court hearing. [Accident] octogenarian mother died on the tracks before the accident, 82-year-old son and Xu Yang Changgu back Ann lived in the town of Musa Anfu Linli County communities, the elderly, although in recent years, but the oldest old in good health, usually nothing will go out to pick up some garbage 2.5 km away from the waste station to sell. September 2, 2008 evening, but not old mother returned XU An one looking back until late at night is still not forthcoming. 3 September before dawn, Xu old mother back to safety and then along the way often go to waste station walked past a barber shop, a teacher, said: "I heard an old lady killed on the railway, you quickly go and see. "Xu immediately went back to Ann trouble spot, and she saw the mother familiar clothes. Xu back to Ann said: "one leg in the middle of the tracks,gucci, is caused by a train upside down split limbs, very miserable." [Claims] to seek explanation five years Young children run around the seventh day after the death of the elderly Changgu,toms shoes, five sons and daughters come sorrowfully feelings buried old mother, when we are still immersed in grief, the old father, who can not afford to leave his wife also died. Both sons and daughters that are due to the tragedy of the railway sector "negligence" caused. Sept. 7 court hearing the morning, Young Changgu's eldest daughter and son Xu Xu Linan An early came back to Changsha Railway Transport Court door. Mother's death in order to have a say,louboutin, they have to run around for a whole two years. 9:00, the trial began. Alex's claim includes a request the court to order the defendant compensation for funeral expenses, compensation for death, mental solatium three parts totaling 80,000 yuan,hogan, and require long stone has incurred legal fees. Their legal basis for this year's March 16 start of the "Supreme Court to hear rail transport personal injury compensation Disputes Interpretation of Several Issues." Which explicitly states that "personal injury caused by rail transport, railway transport enterprise shall be liable for compensation." [] The two sides heated debate Responsibility expand saw in court, Xu back to Ann provides a scene near the "railway slope" photos, from the pictures you can clearly see the stairs about 20 I can pass on the railroad. Plaintiff's attorney,hogan, said: "In the local railway line approximately 2 km there is a staircase that neither fence nor safety warning signs for the railway transport enterprise not fully fulfill security, alerts and other obligations,louboutin, should bear 20% -80% responsibility. " The defendant also provides a set of photos, pictures are about a two-foot high concrete barrier son, above warning pedestrians prohibited words on the railway traffic. It also provides a public security organs in the death of the day to do the inquiry transcripts,mulberry, a railway worker, said scheduling met once in the three o'clock old lady and she was sent away from the rail. So rail side has already fulfilled this obligation, according to the latest judicial interpretation take up to 10% -20% of the responsibility. Court, the original defendant, the two sides saw no less responsibility identification, the judge conducting the mediation of more than an hour after the two sides failed to reach an agreement. News Background from a few hundred dollars to pay 10% of the minimum sum for compensation 30 years after the train butt end icebreaking train butt on compensation in the past has been based on the 1979 State Council promulgated the "train collisions with other vehicles and rail-road workers casualty treatment Interim Provisions ":" For the family life is really difficult, except for funeral expenses up to 150 yuan, can also receives the highest $ 150 one-time assistance, totaling 300 yuan. "which provides that occurred during the past 30 years butt train accident, rail side usually only a few hundred dollars a symbolic compensation for trouble,toms outlet, you can say almost "Zhuangliaobaizhuang", the "iron rules" has long caused widespread controversy. Until March this year,hollister, the Supreme issued a "railway accident compensation dispute judicial interpretation", "iron rules" have been ice. Issued in March this year, "judicial interpretation" states: the victim due to climb, crossing the railway causing bodily harm, the railway companies should bear 10% of the minimum obligation; if the railway transport enterprise security is not adequate to fulfill the obligation,hollister outlet, to 80% 20% liable; when railway transport enterprises do to secure obligations, should bear the entire loss of 20-10%; if the guardian is at fault, the railway transport enterprises bear the entire loss of more than 50%; if the guardian and the victim people themselves are at fault, then the compensation ratio of not less than 40%. "Whether the division of responsibilities from a humanitarian or compensation, make sure the train gave the driver can get compensation is a major advance in justice." In this regard, Hunan University Law School Li four odd commented. Related Case ¡ñ 2009 Äê 1 ÔÂ daughter Zhang Wenzhou people killed by a train, the railway authorities initially promised compensation for 3000 yuan. May 2010, Wenzhou Intermediate People's Court to the new "judicial interpretation" as a basis to determine the 70% of the railway sector bear the liability Panpei 179,410.8 yuan. This is the "interpretation" of the implementation,hogan outlet, the country's first train butt claims cases. ¡ñ 2009 March Xiaolan force working in Urumqi hit by a train, and afterwards died, August 16, 2010, the court mediation,gucci outlet, the Urumqi Railway Bureau to compensate the plaintiff 165,000 yuan.

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