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& Nbsp; & nbsp; & nbsp; Survey: How do you see the owner helped the elderly Pi Panpei 100,000 yuan fall
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At 11:45 on October 21,spaccio hogan, 2009,dior lunette de soleil, when Tianjin Xu Yunhe was driving, an old lady across the road when the center fell fences. Xu Yunhe past the arm stop immediately and dialed 120. But the old lady said, Xu Yunhe hit her.
June 16, 2011, Tianjin Hongqiao District Court of first instance verdict, Xu Yunhe into four bear civil liability for compensation 10.8 million yuan. Reasons court is: "Suppose the defendant stated in the README and the establishment of the Tribunal's traffic team, that the two sides did not collide, the plaintiff is his fall injuries, but the defendant was found in the road from the plaintiff and the plaintiff only four or five meters within this short distance as the plaintiff pedestrian approaching their vehicle suddenly found, bound to happen panic disorder, it fell to the ground would certainly be affected by oncoming vehicles. "
This "what if" verdict immediately sparked heated debate, intense netizen said:. "This thing is more disgraceful than Peng Yu case"
The old lady across the street fall, help, or not help & Nbsp; & nbsp; & nbsp; & nbsp; this seems to be a problem.
Yesterday on the microblogging was friends known as "Tianjin version Peng Yu" of Xu Yunhe think that they helpfulness, kindness to help, but was framed each other, and ultimately the court will again be sentenced chaos.
Nanfang Daily survey learned that one-sided support of Internet users Xu Yunhe, with the content of the first instance verdict has great relevance.
According to Xu Yunhe introduced, at 11:45 on October 21,louboutin chaussures, 2009 or so, he was driving along the road with the red flag, because the speed is slow, he was going to judge a passer-old woman was the first to stand and not move across the street, the old lady seems "hurdle" action is too hasty, the fence stumbled after landing center of gravity to the ground.
Xu Yunhe said, because the fear of the old woman out of danger, he immediately stopped the car, past the arm, found the old lady wrist contusion help on a sore, have to get up, then returned to his own car and pulls out a Band-Aid to the old lady wrist bandage on, and hit 120 and alarm call.
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And the old lady and Xu Yunhe argument is exactly the opposite. She said that when the day she climbed center guardrail, the car hit his own leg Xu Yunhe, after their own pop hit, lying in front of the car, and fell to the ground.
[Judgment] the Court presumed to bear responsibility for four percent
June 16, 2011, Hongqiao District People's Court of first instance verdict on the matter because Wanglaotai ,,christian louboutin pas cher, said isolation barrier across the center of an offense against accidents can not shirk responsibility,doudoune moncler homme, but also bear Xu Yunhe 40% of civil liability, compensation 10.8 million yuan.
However, this verdict shows that there is no evidence to prove Xu Yunhe butt. The specific circumstances of Tianjin days pass Forensic Center issued instructions as: "unsure minibus contact with human body parts." Wanglaotai injury diagnosis for hospitals are: "Unable to determine the specific causes of the plaintiff injury, but can Plaintiff determined the injury caused by trauma system. "
Reasons court of first instance is "not sure minibus and Wanglaotai body contact, no contact can not be excluded. Suppose two sides did not collide, the plaintiff himself falls, but the defendant was found in the road from the plaintiff and the plaintiff only four five meters,peuterey torino, within this short distance as the plaintiff pedestrian approaching their vehicle suddenly found, bound to happen panic disorder,hogan milano, it fell to the ground would certainly be affected by oncoming vehicles. "
[Expert] reasoning, interpretation or defective
Xu Yunhe interview with Nanfang Daily said in an interview,peuterey, the Court assumed that he "scared" to Wanglaotai,chaussures louboutin, this is too ridiculous.
Xu Yunhe said he spent 3,000 yuan, through forensic vehicles have proven themselves in contact with Wanglaotai never happen. Secondly, when the police car there are other photo evidence of the fence there fifty-six cm distance, absolutely no encounter fence,woolrich parka uomo, deliberately close to the fence it is his aim is to not interfere with the back of the car.
Xu Yunhe, said the incident occurred he was a television camera reporter Tianjin. Afterwards was intimidation Wanglaotai family, and the families of Wanglaotai also registered Weibo, and lashed Xu Yunhe's "helping, said," identified as Xu Yunhe butt denial.
Yesterday afternoon, the Nanfang Daily telephone connection the parties to the Hongqiao district court. Office staff surnamed Wang, said the Court, civil judgments can reasoning, judgment of "what if" the word is not wrong. The case has entered the second instance, the hospital currently does not accept media interviews,louboutin pas cher femme, to be interviewed by the Tianjin unified the High Court. Still, he responded to several reporters' questions.
The staff said that the court let Xu Yunhe to visit on the 19th morning, after he was sentenced to the Q & A.
Xu Yunhe claimed that the court did not say why, only that saw elaborate. He did not go after consultation with a lawyer.
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Ultimately,nike france, the staff member asked the leadership said that at present, Tianjin High Court is not an interview. Court on the matter if a response will then contact the reporters.
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For Internet users that case, "the evidence is insufficient, can not show fair" attitude of this one-sided,louboutin pigalle prix boutique, Guangdong Province, an expert said Law, criminal cases, there is the presumption of innocence, and different civil cases,woolrich uomo lungo, in addition to the principle of burden of proof who advocate who In addition,swarovski lunette de soleil, in accordance with the high degree of probability, the possibility of which a large presumption. The first instance verdict with the "what if" reasoning is not inappropriate, but the content of reasoning and interpretation or defective.
Moreover, even if Xu Yunhe should bear responsibility, but because Wanglaotai cross the street, across the fence, let Xu bear responsibility into four, the proportion is too high.
Nanfang Daily reporter Liu Guannan
Intern Chen Zexuan
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