father died in an accident, but receive no compensation shall Yingliaoguansi Liu actually driving the villagers to run over the debtor. August 6 morning, when police handling the case once again came to the detention center arraignment Ryu, he burst into tears, repent ... ...
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things have to start from July 2008 Speaking of, Liu's father was the village to help the villagers build a house Cai. To borrow Mizobe, the Liu's father accidentally falling or being hit on cliff death earth. Since then, several mediation by village cadres, the two sides failed to reach agreement on compensation. Ryu and the construction side with two pairs of Cai taken to court, the father claim funeral expenses and other costs.
May 4 this year, the Sanmenxia City Intermediate People's Court of Final Appeal ruling, by the death of his father Liu Cai bear 40% of total compensation 35012.8 yuan, the construction side and the victims themselves, the bear 30 %. After receiving the Court's judgments, Cai has refused to fulfill the obligation of reparation, thus leading to strong dissatisfaction with Liu.
7 27 (sixth days of the lunar month) is the local people to pay homage to deceased loved ones day. In the morning, Liu returned to his grave, a chat with relatives drinking, accidental death of his father suffered a year but still did not get you any compensation. Getting more and more angry,
Lunette de soleil Pas Cher, you'll feel after a bottle of liquor, it is unbearable chest Ryu anger, he went to Cai theory.
16 pm the same day, from their homes out of cement on the road in the village Liu and Cai territories, two again because of a dispute over compensation, and cause tussle. Liu Cai down, I felt the still vent, then go home to open to their own single-row white car, was wounded on the ground from the Cai who have not yet got up and grind rolled over, then turned around again to grind mill. Subsequently, Liu withdraw cash from their homes, the third car ran over him from fleeing the scene Cai, Cai died on the spot.
7 29, Lingbao Liu suspect police have settled in Zhengzhou, the clues, the hunt immediately. When police arrived at Zhengzhou, the suspect has fled to Zhumadian. However, the suspect again Zhumadian pass police, the suspect fled to Xinyang.
7 月 31 日 16, ably assisted by the Police in Xinyang, after arduous chase, the suspect was eventually arrested and brought to justice Liu. August 2, the suspect was escorted back to Lingbao Liu, a true account of its drive to vent their anger for the whole process will be run over others.
say a
intentional homicide, criminal and civil liability should bear
Lee Riverside (Henan Guoji Law Office): According to media reports of the case, the suspect Liu is PETTY people take beatings, car rolling method induced Cai death, his acts violated
intentional homicide refers to intentional acts of unlawful deprivation of life. This case, Liu and Cai village because the villagers dispute decision implementation, using beatings, car rolling, etc. intended to deprive of life Cai subjective intent and behavior, is obvious. After lying on the ground especially in Cai, Liu three times and then another car rolled over from the Cai grind him, causing Cai died on the spot, showing a larger subjective vicious brutality,
lunettes de soleil ray ban, vile.
Yuan Feng (Xingyang Procuratorate Prosecutor):
unlawful deprivation of life is a violation of civil rights acts of the most serious crimes, has always been the focus of China's criminal law to combat. The penalty for intentional homicide, China's . Comprehensive look at all the case, the circumstances of the crime the suspect is more serious, and do not have the statutory mitigating or extenuating circumstances, shall a heavier penalty within the range of legal punishment. But that does not mean a certain death.
If the families of the victims filed a civil action comes under the charges, was dependent for living expenses, death compensation and funeral expenses for relatives of the victims of transportation, lodging and other reasonable expenses such as loss of working time lost.
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compensation can not constitute extenuating circumstances of Ryu
Yuan Feng: Cai has refused to fulfill the obligation of reparation, Liu the antecedent of a suspect, then, whether the sentencing court to consider a lighter? This involves the issue of sentencing discretion.
plot of sentencing discretion generally include: 1. Motive for the crime. 2. Criminal means. 3. Crime, time, place and other prevailing circumstances and conditions. 4. Crimes against the object. 5. The results of the damage caused by crime. 6. Offender's personal circumstances and consistent performance. 7. The attitude of the offender after the crime.
Indeed, in this case the suspect's motive for the crime because the victims refused to fulfill the obligation of reparation and was angry to kill, this is a serious threat to the community and other public order cases of intentional homicide differ . But the motive for the crime is only appropriate to consider the judicial officers, one of the specific circumstances of discretion in the case of the coexistence of a variety of circumstances, more complex sentence, taking into account the size of the entire case harm to society, combined with the decision to analyze the plot. In my opinion, this case is particularly serious crime, social harm, with a strict plot, because the perpetrator criminal means cruelty, damage to serious consequences, with escape behavior.
Li Riverside: This case should not happen with the case, the parties, if a legal concept, focusing on the relationship between the village folks, calm and rational settlement of disputes, is entirely through legal channels (to apply for court enforcement) to solve the problem , rather than by the primitive, barbaric means to cause the destruction of the results of Liang Bai Ju.
the occurrence of this case are antecedents, Cai Liu's father helped build a house, killed when Mizobe borrow. Cai does not make timely compensation for this, nor to give effect to the Liu family's comfort, several mediation by village officials to no avail. Case went to the second instance to play the first instance, the Sanmenxia City Intermediate People's Court of Final Appeal ruling, Cai also has refused to carry liability. This is causing resentment and will harm its Ryu that the real reason to kill him. Intensification of conflicts both the road map as follows: Liu Fu Cai no compensation for accidental death → → → both the mediation agreement is not effective court decision refusing to perform Cai grudges → → → tussle → damage → dispute killing. This point of view, the cause of the case and there is a direct outcome of a case of causation. Handling the case will be the people's court to the case facts into account, according to China's
say three
calmly to avoid the tragedies that conflict
Cheng Shen Health (Supreme Court of the Judicial Committee of Henan Province penalty Third President of the Tribunal): p>
lives of others by the end of this way to solve civil disputes, the price is great, Liu also will ultimately punished by law! Unfortunately, my father has suffered, who had become a liability for the tragic death of the victim has been under the wheel, and now again behind bars himself, two families from falling apart. This case occurred in some rural areas exposed to the current lack of public awareness of the law: Cai does not comply with the law's decision, the compensation does not fulfill its obligation to provoke a fatal disaster for themselves. Liu did not seek court enforcement of the normal ways to kill lethal to vent their anger and blind, became a prisoner himself,
lunettes de soleil carrera, because the weak legal consciousness of the tragedy should not happen with the spawn.
fact, a similar neighborhood disputes even greater than that together, I hope every citizen in the conflict arise, are able to calm down, actively seek legal means to solve the problem, do not let them, or could have been avoided This tragedy should not occur again.
Son of the deceased debtor's car refused to be cru
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