Lv Fushan, Xi'an is a rickshaw tricycle driver, operating without a license. The tricycle was confiscated by the first detachment of Xi'an traffic police according to the notice of Xi'an Public Security Bureau. Lv by checking the Public Security Administration Punishment Regulations, which says that non-motorized vehicle violations should be fined less than 5 yuan, that the Xi'an Traffic Police detachment should return his tricycle, and for this reason has been carried out for five years.
Experts believe that the notice of the Xi'an Municipal Public Security Bureau is only a local administrative regulation, he can not violate the provisions of the national regulations on public security management penalties, and therefore is not legal and invalid.
The final judgment was in favor of Lu, and the traffic police returned his tricycle. The National People's Congress is in the process of revising the regulations on public security administration penalties in response to the lightness of the penalties.
2. A very close relationship
An employer in Fuzhou City often abused the family's young nanny, finally beating her to death one day. In order to destroy the body, the employer's wife pretended to be the little nanny's sister to cremate the body. The court ruled that the employer's death sentence for intentional injury was suspended, and his wife was sentenced to three years in prison for harboring.
Experts analyze that employers and nannies are not masters and servants, and that the status of both parties is equal. The state should make changes to the labor law to protect the legal interests of people like nannies who have a personal employment relationship, which is not guaranteed now. In addition, in order to restrain the behavior of the nanny, the employer should sign a good contract with the nanny, or use the power of the judiciary.
3. The consequences are really serious
Chen Bing found a thief stealing his bag at the train station and went after him. Chased about 200 meters away. The result was sudden death. The thief did not have any physical contact with him. Sports medicine experts analyzed that he may have died suddenly because of heart problems.
Experts analyzed that the thief's theft had a causal relationship with Chen Bing's death. But only constitutes the crime of theft. Sentencing can be discretionary as an aggravating circumstance. The thief was at fault for Chen Bing's death, but Chen Bing's family did not file a civil compensation claim against the thief. In the end, the thief was sentenced to four years and fined 3,000 for attempted theft.
Lao Wu had a strange disease and went to many hospitals without finding out. Finally, he was diagnosed with cryptococcal pneumonia in a hospital in Nanjing. The doctor said the disease may be caused by pigeon feces. Wu's upstairs old Ding raised a lot of pigeons, the old Ding these pigeons as a baby. Wu and Ding have negotiated many times for him to tear down the pigeon loft, but Ding does not agree. The two sides are not the same. Wu will have no choice but to sue the old Ding to the court. Old Ding took out an appraisal material that his pigeon feces do not contain cryptococcus. The court held that one side of this case is for personal hobby and the other side is for people's health, the two rights should pay more attention to people's health. Therefore, the court ruled that Old Ding should demolish the pigeon loft within a period of time. The pigeons are now temporarily boarded at a friend's house.
Experts analyzed that this is a case of infringement. Although it is not illegal for Lao Ding to keep pigeons, he violated Lao Wu's right to health. About the old Ding took out that material, experts believe that one can not confirm its letter-opening body has the qualification of identification, two even if the qualification of identification on the effectiveness of the material also depends on the case.
4. Where are you
An 18-year-old boy came to Shenyang with his working parents. One day, went to play with his buddies at the Lilac Lake. But was drowned in the lake. According to his buddies who went out with him, he jumped into the lake to save a person. They said that the person was rescued and then ran away, they only cared to save the little friends did not see what the person looks like. After pushing the rescued person to the shore, the child was hit by a big wave into the lake and never came up. His family was in a bad condition and he was the only one his parents could rely on in the future. His father consulted the civil affairs organization and said that he could apply for martyrdom, but he needed the rescued person to come out as a witness. The family searched for the rescued person for many days, but the person never showed up. Later, a few workers at the lake were willing to testify for the child.
Experts analyzed that, for those who are brave, the first thing should be the state and society to give them compensation, the rescued person to bear the obligation is relatively small. The state set up a fund for bravery, and part of the taxpayer's tax is used for this.
Today's case is outrageous.
A small child of 3 years old went to a hotel for dinner with his mom and dad. During the meal, the child wanted a drink, and the mom went out to buy it, trying to get the child to follow the dad, but the child didn't want to, so the mom led him down. Later, the child ran into the road, a waiter at the hotel saved the child, but he himself died in a car accident.
The child's parents initially said they entrusted the child to the bar, then to this waiter, but there was no proof of either. They believe the waiter is responsible for the child's injuries.
The two sides took the case to court, and the court ruled that the driver of the traffic accident should bear 80% of the civil liability, and the child's parents should bear 20%,*** counting 150,000 yuan in death damages, but the compensator objected that the waiter was a rural household, and that even if he had worked in the city for 2 years, he should be compensated 50,000 yuan in accordance with the specifications of the countryside.
5. The Mystery of the Elderly Man's Death
A 79-year-old man was involved in an argument with a 30-year-old young man. Only 10 hours later, the old man died. The old man's family said that the old man was killed by the man, while the young man said that the old man died of a heart attack himself. There were no eyewitnesses on either side, as the incident took place in the back of the house in the courtyard. The old man died after the Public Security Bureau came, but insisted not to do an autopsy, said the old man is a heart attack, let both sides of the civil mediation, compensation of 8,000 dollars. The reporter asked about how to determine is the evidence of heart disease, the Public Security Bureau has not been, may simply can not provide.
Later the old man's family to the Public Security Bureau filed a protest, the county and municipal Public Security Bureau of the old man's autopsy, the conclusion is that the old man took poisonous rat poison suicide. The old man's family is very skeptical, and they stole a few samples sent to the nearby university test, the result is not contain poisonous rat poison ingredients.
After the family's continuous efforts, a few years later, the old man for the second time was open casket, the provincial department of the identification concluded that there is no poisonous rat.
The reporter tried to find the two forensic doctors who made the original appraisal, but was refused. Later, the Public Security Bureau apologized and paid more than 50,000 yuan. The matter is closed, how the old man died can never be known.
6. I'm not a thief
Xiaonan is a 15-year-old lively girl with high self-esteem. One day in the second half of her junior year she went to the supermarket with her mom. Mom was suspected by a supermarket employee of stealing from the supermarket, and they came together to the police station across the street from the supermarket. At the police station, mom was searched by a female officer and supermarket employees. When mom came out, she found that her daughter was also being searched by a supermarket employee.
Experts have analyzed that only investigators from the judiciary's prosecutor's office have the right to search suspects. No one else has the right. This practice by the supermarket employee is extremely wrong.
Afterward, Xiaonan's spirit has been bad. She was diagnosed with traumatic stress disorder by the Shenyang Mental Health Center. Doctors analyzed that because of some traumatic events to make mental damage. Through the appraisal, there is a direct causal relationship with being searched by the supermarket.
Xiaonan's mental health has been poor, affecting her studies and failing to take the midterm exams. She has good grades and is very strong.
The mother wanted to sue the court for moral damages. The court ruled that the incident had affected the child's life, and awarded the supermarket 100,000 yuan in compensation for mental relief. Supermarkets are not convinced that the disease can be cured in one year, claiming compensation for only one year's average salary.
Experts analyze that trauma can accompany a person's life. Mental consolation is different from medical expenses, there should be a judge's discretion.
For the supermarket was stolen, they should purchase their own anti-theft equipment.