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"Good roost" and "full responsibility" of the dispute
 
[Studio]
 
This week, the Chengdu Longquanyi District People's Court sentenced together Traffic Accident looks ordinary, but it caused a wide public debate. The results of the case decision, the top three owners of hit and run to escape punishment, and active alarm, there is a corresponding fourth joint and several liability of the main vehicles have to bear all the major civil damages in an accident. "Why did not the good good newspaper ", "Whether the verdict unfair ", "Will allow future perpetrators have escaped to avoid bear responsibility " Faced with such a series of problems, we find different attitude not only of the public, even legal profession there are different attitudes and views.
 
This week, we spoke to the earliest expression of different views on this incident in the media law experts Hu Lixin Han Xu and industry lawyers, they will be to analyze from different angles, may be able to help us clarify the truth.
 
Commentary: The accident happened at around at 19:00 on October 10, 2011. When elderly Zengmou Longhua Road Kashiai town Longquanyi District in Chengdu across the road, was hit by a silver minivan. According to eyewitnesses,moncler donna, the car not far from a pause after the children leave. Subsequently, another witness saw a white truck and a red Slag were run over and escape from the old man. Then, a red QQ car from the old man run over, but the owners Pengmou the police stopped the car. Unable to find the front three cars were hit and run, so the family of the deceased will last Pengmou car owners and insurance companies to court, asked to assume the liability. Recently, Longquanyi District Court ruling on the case, the fourth car owners paid the deceased Pengmou nearly 40 million, of which 310,000 yuan paid by the insurance company. After the escape was intercepted by another vehicle, Pengmou enjoy recourse. Pengmou court said they did not appeal.
 
Public 1: I feel if it is to make this Pengmou because a charity that bear the adverse moral law, then is not to Pengmou not fair.
 
Public 2: Anyway, I was in my opinion if I was inclined to support the court, if the interests of the protection of victims from this area, I support the judgment of the court, because then although Pengmou bear all the responsibility, but could be better protect the rights of victims.
 
Reporter: From the perspective of scholars to judge how this ruling
 
Han Xu: this verdict, I think, still have a little problem.
 
Reporter: Do you think part of the problem occurs in which areas
 
Han Xu: I think first of all the facts straight,prada occhiali da sole.
 
Reporter: Do you think that the facts are unclear it
 
Han Xu: I think the surface is clear, in fact, there are findings of fact, including some episodes still not so clear.
 
Commentary: Sichuan Provincial Academy of Social Sciences Law Institute, Professor Han Xu recently in an interview that the case is insufficient evidence to make such a judgment of the Court,doudoune moncler paris, it will inevitably lead to doubts. But Beijing law firm, director Hu Lixin days before receiving another one media interview that the court's decision basically no problem, in line with the relevant legal principles and spirit.
 
Reporter: When did you know of this case
 
Hu Lixin: There are four or five days now.
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Reporter: Four five days only interested in this case.
 
Hu Lixin: The phone is not have the access that information, news, Tencent, it will be automatically downloaded to the phone speaking about.
 
Reporter: Do you then see this case, how do you judge from a lawyer's point of view
 
Hu Lixin: I saw this topic, I feel there are indeed problems.
 
Reporter: What is the impact of the subject at that time to you is
 
Hu Lixin: That is the fourth one is living Lei feng, has been unfair treatment.
 
Reporter: Why this feeling
 
Hu Lixin: Because no interpretation from the title he is infringer,louboutin femme prix.
 
Reporter: comprehensive coverage of all media information after you have further impressions of the case without some change
 
Hu Lixin: With some changes.
 
Reporter: What has changed
 
Hu Lixin: The most fundamental is the fourth person he is itself infringed, he also pressure from the victims who had.
 
Reporter: So you are to accept such a judgment result that the jurisprudence is not a problem
 
Hu Lixin: This decision should still, relatively speaking, it is still possible,
 
Commentary: In fact, for the last rolling if eventually death of the elderly, had been the focus of the trial. According to a fourth car owners Pengmou confession, when he saw the old man's legs run over the elderly body moving a bit, the court held that it was a manifestation of vital signs, integrated other evidence, the court ultimately determined that Pengmou last grind Pressure is the direct cause of death in the elderly. & Nbsp;
 
Reporter: What are the facts make you question
 
Han Xu: I think there are several aspects,maglie calcio, the first from this rule of thumb, from the daily life of common sense terms, before rolling Pengmou have three cars he had carried out on the impact and rolling, I think a Human life After three cars rolling, his chances of survival are much, if he would survive, then I think it is a miracle of life.
 
Reporter: But miracles sometimes happen.
 
Han Xu: yes, this probability is relatively small, so that judges decide cases in which you want to know how to use the rule of thumb, this is the first point. The second point that we can not only see the victim's legs move a little old man, identified the cause of this old man's death was caused by Pengmou after he hit accordance Pengmou said in court.
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Reporter: But the judge seems this is a manifestation of vital signs.
 
Han Xu: But according to this science, or according to some of our daily life experience, because the animals internal organs after you dig it out, including frogs ah, what to kill a chicken, its legs are moving about, a lot of people think this is a reflex, of course I am not an expert in this area, you may need science, neurology, medical knowledge in this area of life.
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Reporter: What is your question made two very significant points
 
Han Xu: Yes, this is a fact,
 
Reporter: From the legal point of view, then, if in the last rolling Zengmou Pengmou time, the dead and wounded that the biggest difference between the two, there will be a legal judgment of what kind of difference
 
Han Xu: If he is dead, then Pengmou is simply not on the infringement configuration, do not assume any responsibility, so to Pengmou bear all the responsibility in this case I think it is unfair, because the damage caused by the infringement, the the damage has been caused, in the first three cars and even the first car, the second car have caused the damage, and then back again after the car you say his responsibilities be
 
Commentary: However, many people in the industry, including including Hu Lixin also believes that even without the front three cars violations, Pengmou while driving entirely due to careful driving duty, it also has the possibility of causing death Zengmou. In accordance with the relevant provisions of China's "Tort Liability Act", the implementation of two or more violations were caused by the same damage, everyone abuses are sufficient to cause all the damage, the perpetrator jointly and severally liable. Therefore, the court sentenced Pengmou liability is understandable.
 
Reporter: What do you verdict of the first trial, how do you see
 
Hu Lixin: Like such events should refer to the Tort Law Article 11, Article 11 is concurrent infringement, then treat this case it applies to joint and several liability, in fact, reflect the three principles, and why there is joint and several liability, joint and several What responsibility, Tort Law clearly stipulates that the so-called joint and several liability is to be against the people, can claim the right to claim part of a number of infringement humans, or all to assume full liability, so long as you're identified a number of infringement an infringer in humans, but also jointly and severally liable to legal, then the victim can ask him to assume full liability. If you just said that the event identified several premise is established, then, apply Article 11 of the Tort Liability Act should be correct.
 
Reporter: But people think that such a judgment from the moral level, prompting more people to face if someone is rolling or the case was injured, will choose some of the behavior of the vehicle fled.
 
Hu Lixin: the final analysis, why should the provisions of joint and several liability is still a need to maintain the right to the pursuit of needs, efficiency and cost needs of justice, justice is just that, how do you achieve this justice,hogan scarpe, if he were a person liable wrong words We changed the decision method, and that the case would, assuming there were three people, the other co-accused infringers as to deal with this matter,asics gel lyte 3 femme, until long, is not conducive to protecting the legitimate rights of the victim does not meet efficiency and cost in principle.
 
Commentary: that this case after media reports, also caused a lot of hot friends, there are users that "alarm actually get into the thing, and rolling past perpetrators escape being held did not catch much of a hit and run that  the judgment  "everyone has a considerable degree verdict puzzled and puzzled.
 
Reporter: From the law, then such a party involved in the accident is now the only certainty is that Pengmou, but in the future if again found other ways to pursue other escape who might Pengmou also be to him a number of claims .
 
Han Xu: But this possibility is relatively small, the possibility of such a right to recover Pengmou implementation is still relatively small, this depends on the government's active as public security.
 
Commentary: Again, everyone on the judgment "after the escape was intercepted by another vehicle, Pengmou enjoy recourse" Responsibility and how to further safeguard the interests of Pengmou has become the focus of concern.
 
Reporter: But is laminated on the fourth driver is concerned, he has to bear all the responsibility and now the top three financial compensation, for him, then he will find inside are wronged.
 
Hu Lixin: Yes, he should, he may feel that some of the grievances I understand, but still this is a mandatory requirement of the law, which take into account the interests of all parties,giuseppe zanotti, first I saw the verdict online, it is covered by insurance The company undertook a major liability, you see 400,000 actually bear his own little part,ceinture hermes, that is, third party liability insurance by the insurance company has undertaken, second, what he may be caught in the top three after to recover them, let them share the costs of this part of damages borne by the individual, and I still say the fourth person to die, I think that the community should be given to understand, but also for his encouragement, I told him behavior is endorsed, in the event that an accident, get the police to stop the rescue.
 
Commentary: In fact, in such cases, how to coordinate the relationship between "love" and "Law" has always been the ability and wisdom to judge the test.
 
Reporter: If you say so in accordance with your viewpoint, then, for you are now the facts of your possession, do you think what kind of judgment was reasonable and in line with such a balance between the public or law
 
Han Xu: I think, although I did not see the court verdict, but the court's decision from the reported situation, I believe that the court's decision Tort Law used Article 11, stresses the Tort Liability Act 11 is unconscious liaison infringement To jointly and severally liable, the joint and several liability is implicated, that the injured party may apply to the defense, may apply to any request for compensation to be one of the perpetrators, then any one of the perpetrators should be liable for all damage, in fact,cappelli nfl, the mutual There is a room implicated, it is a joint responsibility with a tort on, then the first 12 to talk about that, according to copies of responsibility is based on the size, the size of the liability of fault to share the responsibility, if we can identify it, do not check then you can clear shared equally, that is, two or more separate violations were caused by the same damage, then be able to identify it by the size of the liability, then, the degree of fault to be shared, if you can not find out if the average share responsibility, I think may use this one, the interests of victims had been preserved, the defendant also consider the actual situation of the defendant.
 
Reporter: But the fact that people will see such a phenomenon, when they were sentenced, people will think it is difficult to escape the vehicle is found, he does not bear the responsibility, but willing to take the responsibility to bear these costs, It will be enormous.
 
Hu Lixin: If this was so, there is an escape by luck, first he thinks he can avoid legal accountability and sanctions, I can not guarantee or that the judiciary of any country in the world can not guarantee that all of the cases can be detected indeed slip through the net, indeed, but for most purposes, there is a word French gray, long arms, once the case has been detected, that is, those who escape the first three, once they are detected, then caught the words He should bear more than a fourth driver, infringer to more serious legal liability, there may be involved in a traffic accident crime, traffic crime because the "Criminal Law", escape is aggravated behavior.
 
Commentary: For this case caused controversy, many people think, in fact, it has exceeded the legal level, more is to explore morality.
 
Reporter: In some people you hear talk of such a case, the most sound you hear is what
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Han Xu: When I hear people hit the most,moncler milano, that later I was driving my mind flashed to them soon this one case, then I would choose to escape rather than actively go to the police for treatment, so He said the court's decision should be sworn in a fair and justice, should be encouraged to cultivate and promote a good social morality, and this decision gives us the release with a fashionable words, is not a positive energy.
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Reporter: For one can not change the outcome of such a case, for an event like this one can not take recourse against the truth and verify the truth, you have to question also to explore meaningful
 
Han Xu: I think in a truly democratic society the rule of law, the court's decision, in particular the entry into force of the judgment of the people can be questioned, if not changed, but there are flaws, if we can promptly point out, may in the future such judicial decisions played a role in warning.
 
Reporter: But for now this decision is concerned you have not such a worry, it will produce a moral level very negative impact
 
Hu Lixin: I think that this concern does this worry or unnecessary,louboutin pas cher.
 
Reporter: Because the interview, we heard some scholars worry for such an event will have a very negative effect and impact on the moral level.
 
Hu Lixin: I think this should be the moral and legal unity, should be unified, but not identical, the goal is the same,louboutin femme prix, when this happens, we must first take into account the number of rights, the first is human life and health, and this is our first to be protected, the right to life first of all to protect people's health. Second we will take into account, that is, property rights, the right to safe road traffic, a principle which is also a purpose of the legislation, when two rights conflict, you say really is a problem, two rights conflict, people The life and health and property, road right-of-conflict, we first want to protect the right to life or health.
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Reporter: You are very concerned about the interests of victims in this regard
 
Hu Lixin: When two rights conflict, we must first focus on the life and health of people and the legitimate rights of vulnerable groups, who truly disadvantaged groups in this incident or the victim is, that is to be killed old man, how to let his family, mentally get adequate compensation and comfort on the economy, which is the judicial and legislative should first pay attention to things. Suppose we come to the judgment, a plaintiff's lawsuit is dismissed until four full-find another judgment, it will produce another negative consequences.
 
Commentary: In this case, there are many legal experts said that this event did and had known "Peng Yu case" like, the relevant departments for information disclosure only to allay public concerns, for example, can be considered a news conference to explain investigators in principle.
 
Hu Lixin: I still say, I think that these points should not be the enlargement process, like similar cases are not this together, and some individual drivers did not find, but most of the driver is found, the second aspect,louboutin femme escarpin, I feel network or public, concerned about a certain thing, when you want to make a positive social guidance.
 
Reporter: Do you think should guide the direction of where
 
Hu Lixin: I feel like this is the first case, the first step to proclaim the law, the provisions of the law to tell you, do not create a conflict societies, public opinion and the judiciary and the legislature, and the second is from the front to publicize first four drivers, rather than just tell his grievances, of course, if the relevant national authorities to be established or the establishment of relevant institutions to give some subsidy fund is certainly better.
 
[Studio]
 
Should be jointly and severally liable in the end is a man, after the hit and run to the other person accountable, or should mean different perpetrators liable by the traffic law enforcement agencies continue to pursue, perhaps indeed open to question. But we really should be noted that Pengmou because there is no escape, but only assume civil liability; while the other three perpetrators to escape justice once, as well as to bear criminal responsibility, then I am afraid it is not how much money will be able to compensate the things, so the court's decision Pengmou itself has demonstrated the legal protection of law-abiding behavior of values.
 
Of course, people still have questions about the case of the Department: This case occurred in 2011, it has been nearly two years ago, other Why have not found the vehicle  From the court's decision to see, to see if the old man alone Pengmou once said legs move a little, it identified Pengmou man finally killed, the adequacy of the evidence  If on these issues, the Court can be fully considered and explained, judicial effect may be better and more help to dispel people's hearts were "good guys harder and harder," "good good newspaper must not" abnormal psychology. Sometimes the law is not just a fair result is correct, there are public programs and processes of justice.
 
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