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<table border="0" cellpadding="3" cellspacing="1" width="100%" class="forumline"> <tr> <th class="thCornerL" width="22%" height="26">Author</th> <th class="thCornerR">Message</th> </tr> <tr> <td width="22%" align="left" valign="top" class="row1"><span class="name"><a name=""></a><b>Zea31085</b></span></td> <td class="row1" height="28" valign="top"><table width="100%" border="0" cellspacing="0" cellpadding="0"> <tr> <td width="100%"><img src="http://picsrv.fora.pl/subBlack/images/icon_minipost.gif" width="12" height="9" alt="Post" title="Post" border="0" /><span class="postdetails">Posted: Mon 11:33, 07 Mar 2011<span class="gen"> </span> Post subject: 9-year-old child killed by train Railway Bureau Pi</span></td> </tr> <tr> <td colspan="2"><hr /></td> </tr> <tr> <td colspan="2"><span class="postbody">railway side said that they have done to the security responsibility, the responsibility upon the children and their guardians. <br /> It is reported that railway transportation in the early days of the court is to imitate the Soviet Union formed the settings. railway transport two level court personnel, finance, materials management and part of the railway system. Section Mao Bing counsel, in such a system, the courts and at the same level railway Railway Administration would be > <br /> City section of the High Court in a military lawyer Mao's by the executive branch, business management courts, does not meet the people's courts exercise judicial power independently in accordance with the law of the Constitution, undermine the rule of law and authority; Railway Transport Court judges elected and the help eliminate the department of protectionism. <br /> It is understood that the court has Huaying Nov. 27 ruling parties bear responsibility for 7 percent rail, 51 million yuan compensation. <br /> will soon be out of the railway sector <br /> 2006 National during the two sessions, Henan Provincial High Court president Li Daomin other 32 NPC deputies submitted a motion, proposed to abolish the Railway Transport Court. January 2008, the city People's Congress, Kam Young Lawyer Section Mao Bing, also submitted a motion in Chongqing during the two sessions, the proposed abolition of Railway Transport Court. <br /> <br /> court also held that Zhou Yiguan not go crossing the railway level crossing railway set or walkways, nor pedestrians must pass through the channel, their parents neglect their children's safety education and monitoring , leading to tragedy, is also at fault. <br /> Liangping County Court ruled in July this year, said the Supreme Court issued damages, the plaintiff chose to rail transport infringement court disputes, the jurisdiction of the court by the railway transport. Mao Bing lawyer, thinks that the railway system gave the driver the train accident, as belong to high-speed train transportation, so the case should apply to - unless the evidence to prove that the accident was due to intentionally cause the victim, the defendant can not otherwise exempt. <br /> the Liangping County Court case,<a href="http://www.tods-shoes.org" target="_blank" class="postlink">Tods shoes</a>, the final adoption of the views of the plaintiff attorney to determine the primary responsibility for the railway side. <br /> <br /> paragraph Mao Bing attorney said the case was handed down, if the rail side does not appeal, you can take effect on December 20. <br /> yesterday, a station official said Liangping County, in accordance with existing laws and regulations, the railway station in this case should not be liable for damages. It is understood that the Chengdu Railway Bureau Administration of Work Safety Office in May 22 to make the railway traffic Confirmation, determines that the reasons for Zhou Yiguan own casualties, the railway side no responsibility. <br /> <br /> <br /> <br /> <br /> <br /> to the local court? <br /> <br /> Mao Bing, according to lawyers in paragraph introduction, he Acting together this year, Guang'an City in Sichuan Province, the train gave the driver case. Guang'an Huaying under the jurisdiction of the court accepted the case, the defendant also raised the Chengdu Railway Bureau challenge jurisdiction, the Court requested the transfer rail. Huaying court rejected the objection of Chengdu Railway Bureau, the council refused to accept the Court of Appeal to the Guang'an City, Guang City Court found Huaying City Court has jurisdiction. <br /> happened this year at 17:00 on May 13th over, the train station location is Liangping County. To hear the news of his son Zhou Yiguan accident in Fujian and wife working in the Hong-Jun Zhou Liangping back the next day. Because there is no train station and Liangping reach a compensation agreement, Chongqing, Hong-Jun Zhou and his wife commissioned the director of law firm lawyers Yang Jin Mao paragraph soldiers, Hu Yisong lawyers, the railway management reported to the square of Chengdu Railway Bureau Liangping County Court, claims 30 million element, and the spirit of solatium claim 4 million. <br /> <br /> section Mao Bing lawyer said the accident to see from the case, no evidence was deliberately caused the accident victim; the same time, Accidents are not personal injury, are victims of personal injury caused by their own reasons, but the defendant did not adduce evidence to prove the case of this illegal traffic is the victim Zhou Yiguan level crossing or pedestrian through the corridor, but also no evidence to prove Zhou Yiguan the railway line to walk and sit on the lying, so the railway side should bear full responsibility for the case. <br /> Railway Law examination is the product of the times <br /> However, in the family of the deceased to the Liangping County court, the defendant raised objection to the jurisdiction that is the case with the rail transport-related infringement case, the relevant judicial interpretations of the Supreme Court, Court of railway transport should be designed is jurisdiction. <br /> according to Southern Weekend reported from the Central Political and Law Commission, is the iron nails, railway public security personnel will be transformed into the civil service. <br /> <br /> <br /> <br /> After hearings, the court found the death of Zhou Yiguan total death compensation and other expenses generated 30.3 million yuan, the verdict by the commitment of Chengdu Railway Bureau, 6 as liability,<a href="http://www.tods-shoes.org" target="_blank" class="postlink">Tod's Outlet</a>, compensation of 18.2 million yuan and 5000 yuan in emotional damages . <br /> <br /> <br /> who are the jurisdiction of the train killed battle <br /> the child's parents will be reported to the Chengdu Railway Bureau Liangping County Court, claims 34 million yuan. Although the railway lodge objection to jurisdiction, requested the court to hear the case by the railway, but Liangping County Court to break the 18 million yuan. <br /> still the case in Sichuan district court gave the driver the train trial <br /> <br /> <br /> <br /> <br />-year-old child crossing the foot stuck in the train station Liangping can not move within the tracks, the result of a train roaring run over him. <br /> <br /> <br /> depth reading <br /> <br /> <br /> <br /> Liangping County court hearing that the train station walls that do not have openings, the Department of the villagers without excavation of the station square Despite several repair plug, but to no avail. Station side before the accident did not set up warning signs and take protective measures, poor management, leaving a security risk, and, in a train by the railway protection areas, the party did not staff the station watchmen, eventually leading to the tragedy, so the railway Fang significant fault. <br /> <br /> <br /> case focus <br /> <br /> Huyi Song lawyers said the case was killed because of the railway lay, according to the Supreme Court explained that they were free to choose the court to the railway or to the local court. In order to facilitate the parties, they chose the local Court.</span></td> </tr> </table></td> </tr> <tr> <td colspan="2" height="1" class="spaceRow"><img src="http://picsrv.fora.pl/subBlack/images/spacer.gif" alt="" width="1" height="1" /></td> </tr> </table>
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