This shouldn't compensate

[introduction] four years ago, jilin guide in lijiang XuMinChao square street even cut severalTory Burch Flats Sale, people, had been network opinion "2007 provinces' top ten ranked shock events. Four years later, the case of the civil part in lijiang then trial.
Three focus

NO. 1


LiChunGuang think XuMinChao agent, this case involves many legal relationship: from the program perspective involve civil also involve criminal; From the solid perspective, involve tort relation, they also involve labor contract relationship,tory burch online but also involves cooperation contract, tourist contract, insurance contract, labor relations, etc. But inductive down, the core problem is this shouldn't compensation. Is this case is concerned, the injury consequence obvious, tort exist, accord with the components of the infringement liability shall be required, so compensation. Need to emphasize: XuMinChao does not exist subjective fault, because the judicial authentication has made it clear that he probably lack the consciousness, the lack of control ability, but not ruling out other subject existence fault.

NO. 2

The who to compensate

LiChunGuang think, XuMinChao classics appraisal have been identified as "limited (part) of criminal responsibility", so from civil on shall be a full capacity for civil conduct. But as the full capacity for civil conduct (to restrict, Tory Burch Flip Flops Sale, person of civil action competence or without person of civil action competence) cannot independent attend incidental civil lawsuit should be, shall also don't belong to bear civil liability for compensation. This case is not listed Ming XuMinChao legal agent and no additional his guardian as the defendant, the program exists obvious flaws. Others shall pay, whether from the fact, LiChunGuang to the court to be deemed legal Angle.

To this, the plaintiff yu me, also said the case agent, the responsibility of XuMinChao is clear, but the real reason is the tragedy of the management, guide travel, tourism market management management of severe disorder. XuMinChao behavior not only seriously hurt the plaintiff's body, breaking the country criminal law, should punished by the law. The defendant jilin fog there travel agency Co., LTD deal with the plaintiff's loss shall bear responsibility for compensation, and other defendants also because there are different fault and obligations of the plaintiff's losses would be jointly and severally liable for.

NO. 3

This compensate how many

LiChunGuang think, criminal and attached civil lawsuits in compensation,Tory Burch Flip Flops Sale, different from the general civil compensation. If only XuMinChao or its guardian by independent liable, so sure specific amount should consider the following questions: 1. The actual compensation according to the defendant shall determine the compensation ability. 2. Besides realistic compensation ability outside, because its personal freedom has been stripped when, in jail now will not be possible to create value for compensation. In the defendant do not have compensation under the condition of the judgment ability full compensation, actually still cannot carry out.

Case playback

More than 20 people cuts

April 2007 1, 4 o 'clock in the afternoon, XuMinChao led the two travel agency jilin fog red-beatiful-unique "tour line" in lijiang, 40 square street play, and kunming tour guide (because of work accompanied) peng so-and-so contradictory and argument. XuMinChao in ancient city square street, claiming a handicraft shops inside a long about 22 centimeters dagger, successively stabbed 20 tourists and passers-by along the way.

20 victims, severely injured 1 person, minor injuries 3 people, slight injury 15 people, not up to minor injury 1 person. Among them, 15 years old were with the parents depressed me square street in lijiang tourism, be XuMinChao cut into seriously. By lijiang municipal people's hospital has successively, kunming medical school first affiliated hospital, nanjing military mange nanjing general hospital, rehabilitation hospital treatment, have made injury, treatment basically stable temporarily pause. The judicial qualification lecels appraisal of anhui huimin, yu I disable grade for two level 3, 1, 5 need to continue therapy and nursing.

Out-of-court voice