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3 24, Ganzhou City, China Zhen-fat (a pseudonym) came to Zhanggong court to daughter Lily (a pseudonym) was gang-raped the spirit of the case presented the request for damages. The answer is
2 years ago, several male students located Bureau drunk Lily, then raped her. Recently, with the conclusion that criminal cases since, that was not the full stop, what follows is Li, a separate civil action issued, 30 million claim for mental damages.
In fact, on whether to accept incidental civil action,
This has to be said that a major shortcoming in our legislation.
parties in improving judicial efficiency to reduce litigation costs and v. tired of the context of judicial reform, the spirit of compensation can be achieved
gang-raped by classmates suffering from schizophrenia
Zhanggong Lili, who lives in Ganzhou City, the campus of the University into the dream of North Korea embarked on her art, but now only medication at home on a regular basis.
2008 年 4 月 12 evening, a student at a middle school in Ganzhou City Middle School students Luo Lili by anti-anti-(a pseudonym) was invited to dinner at a restaurant, accompanied by Wang downtown (a pseudonym) , Xu, etc. 4. Table, several male students take turns toast drunk trying to Lili.
However, until Sanxi, the Lily not drunk. Wang trouble seeing this, and proposed to his house to play mahjong, who lost to a fine drink. The table, Luo anti-anti, Wang Lili, downtown, who frequently lose the card together, and then compel him to drink a lot of wine. 10 o'clock that night, Luo anti-anti, Wang Lili, has been barely see trouble, they dragged her to the Wang room downtown, not Gu Lili's resistance, the two take turns to force ######ual relations with Lily, but because their physical reasons, did not succeed.
Zhen made that her daughter was gang-raped, immediately to the police. Wang trouble, Luo anti-anti-fast justice. Police found the two suspects are under 18 years of age, is a minor, and anti-anti-Lo or student status.
2009 年 5 months, Zhanggong court verdicts, anti-anti-Luo, Wang downtown's behavior constituted the crime of rape, given the time of the crime they are under 18 years of age, should be mitigated punishment, respectively, Two sentenced to 3 years imprisonment suspended for 5 years.
for such a ruling, Li, made a very unhappy, feeling
then, more bad things happen, Lily began to not eat the incident, character has become fidget anxiety, depression, fear, anxiety.
) admitted to the hospital. She was diagnosed with schizophrenia Li-Li Li, issued in the forensic hospital book, list the disease as
the prosecution protection of human rights of the victims.
thank lamp, said anti-anti-Luo, Wang trouble with two statutory aggravating circumstances: First, the defendant violated two women will, in turn forced to have ###### with the victim,
Herve Leger Skirts, is gang-raped; Second, the two defendants with serious consequences for the behavior, resulting in the victim insane. Lily was only 17 years old, as underage girls, but need care and protection, should be treated equally. Prosecutors believe that abnormal light sentence verdict for improper probation.
2009 年 7 29, Zhanggong Procuratorate brought to Ganzhou City Procuratorate, according to court in protest of Ganzhou. January 22 this year, according to the law of Ganzhou City in the hospital made a final decision to maintain anti-anti-Luo, Wang qualitative part of the criminal trouble, they are 5 years imprisonment suspended for 3 years commuted to imprisonment for 5 years.
mental damages claim was
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while a real problem is: After the Final of this case, Li,
Sac Louis Vuitton Collection Sai, has not made a point to get compensation.
Our parents were each of 5 million, plus medical expenses, care, loss of working time charges totaling 40 million. question provides that
3 24, issued to Li, the court filing Zhanggong court, the case of Lily separate civil action for damages the spirit of the request. The answer is
incidental civil action should be accepted The case exposed the current lack of moral damage compensation system.
In fact, practitioners and theorists, on whether to accept incidental civil action,
This has to be said that a major shortcoming in our legislation. anxiety, sadness,
ghd sale, despair, mental anguish, but can not get relief, it does not meet the legal principle of fairness.
first prosecution business experts Jiangxi, Nanchang Branch of the original railway Attorney Director of Public Prosecution, Fuzhou Railway Inspection Review Committee is now full-time members of Chen Xiang has written that criminal proceedings should take full account of the spirit of compensation, made public sentence combining point of view. Lack of law, and gave the secondary damage caused to the victim.
(chief reporter Xu Xiaoyong Guo Red)
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