a "certainly" was listed as a laughing stock

Who in the trial Xu Yunhe

"Overthrow the second trial of first instance verdict, found the old lady Wang Xiuzhi possibility of losing a very large, but the old lady Wang Xiuzhi lost because of lack of evidence, which is not equivalent to 'Xu Yunhe also an innocent', but not equivalent to '' say the establishment."

"China Economic Weekly" reporter Li Yan? Beijing reported

"I want a clean slate, the lawsuit in the end!" When the "China Economic Weekly" reporter Xu Yunhe's phone rang, he repeatedly sigh, say tired, Tai Weiqu. "Put those words countless times." Xu Yunhe most frustrating is that in the first instance verdict, he lost the.

The other lawsuit, Wang Liping Wang Xiuzhi old lady's daughter told the "China Economic Weekly" reporter:. "We are devastated, not only people with disabilities, the psychological impact has been particularly large and hurt," she said, so many people misunderstand her mother, "They do not trust her, insulted her, hurt her old heart broke." "There is no truth in this world, there is no fair?"

A seemingly simple case dragged on for nearly two years, was the driver lied, or learn from Lei Feng against being falsely accused, the public can also look forward to them a legal truth.

Bewildering truth

According to Xu Yunhe said, October 21, 2009 at noon,http://www.weilaikejicheng.com/home.php?mod=spacecp&ac=blog&blogid=, he drove the lane in the second Red Road, Hongqiao District, Tianjin, because the front of trucks, he turned to the first lane, he found four or five meters away from him, suddenly appeared of an old lady across the fence. "I have implemented brake." He describes the speed of about 30 to 35 yards,http://bbs.xuezhichina.cn/home.php?mod=space&uid=6121, and then he "subconsciously hit the steering wheel to the left, do not want to block the back of the car."

"I saw the old lady was tripped fence, landing two steps plump fall. I immediately stopped and helped in the past, has helped not up, touch anywhere 'ouch ouch' call, so did not think to call the ambulance dial 120 Car Can thought the old lady picked up the phone the first thing is, 'I'm on the road to let the car hit ......'. "Xu Yunhe said," I was stupid, but also did not think that things will trouble so big. "

"Liar! He lied!" Wang Liping excited, "he began to recognize the butt, but also went to the hospital, the hospital so pay 2000 yuan deposit, he said, with only 500 yuan, to borrow money to go back, we promise Who knows since then not contact him, we told him. "Wang Liping regret, to say that he should believe. "If not,http://bet39.cc/read.php?tid=354&ds=1, he admitted butt, also promised to compensate, then we'll forensics, surveillance video can get the roadside."

Three months later, the two sides dispute sudden, when to go to forensics, surveillance video has been unable to remove the. "Retaining only the video of the month." Wang Liping very upset.

Faced with very different statement, Professor of China University of Political Science and Beijing lawyer Wang Limin potential to accept the "China Economic Weekly" interview, made a different analysis.

Lixian Dong that, according to "People's Republic of China on Road Traffic Safety Law Implementing Regulations," ("the" Road Traffic Safety Law Implementing Regulations, "") provisions, "the old lady across the road isolation railing itself is illegal."

Moreover,http://bbs.cnw.com.cn/home.php?mod=spacecp&ac=blog&blogid=, according to the civil cases "who advocate who burden of proof" principle, the plaintiff needs to prove Xu Yunhe Wang Xiuzhi elderly infringement, must prove four elements constitute infringement: There are violations, there is damage to the facts, violations between the facts and the damage causality and the perpetrator subjective fault. But the case, "the evidence is unclear at present, the logic is unknown, Xu Yunhe determination of infringement is unfair."

Wang Qian agree concluded that "the evidence is unclear under the premise, Wang Xiuzhi old hard won." But at the same time, Wang Qian has a different view.

According to Xu Yunhe narrative, he found that when she fell 4-5 meters from the old lady, and brake assistance. According to traffic police on the scene camera records the measurement and the old lady's car Xu Yunhe distance of 2.4 meters.

"So short distance, brake maintained it?" Wang Qian doubt, he believes, based on common sense can guess, when the speed at 30 yards or more,air max femme pas cher, the braking distance is generally 7 to 10 meters. "And, Xu Yunhe car at a 45 degree angle to the left against the fence, it does have an emergency brake suspect."

In addition, according to the court verdict Hongqiao statements Wang Xiuzhi injury was diagnosed as a right tibia fracture, lateral meniscal tear in the right knee, etc., the hospital had recommended surgery, but because of lack of funds and took Wang Xiuzhi conservative treatment, only lived 5 days was discharged. After a judicial appraisal, Wang Xiuzhi been identified as 8 disabled.

Has repeatedly handling "Pengci" Wang Qian lawsuit that "if the woman he intends to blackmail, it will not in the case of serious injury, only stayed five days and was discharged." Last year, in Beijing's Fengtai District, a old lady with a car driver a traffic dispute,air jordan pour femme, "the old lady in the hospital for two years of hard living, require compensation in place before discharge."

Evidence confused confused sentence

The reason why the case has been pending, causing a controversy lies in the evidence is unclear. "Two years have elapsed since the incident,louboutin prezzi, two of the most crucial evidence - surveillance video and witnesses are difficult to obtain, which makes the case becomes more confused," Wang Qian said.

Two other evidence, but obviously inadequate potency.

The first evidence of a "traffic accident." But the proof will be faced with a start "failure" questioned. According to June 16 this year, the Court of first instance verdict Hongqiao statement: "Tianjin Public Security Traffic Management Bureau in November 14, 2009 issued by the traffic accident proof." At this point, has 25 days from the incident, according to "Road Traffic Safety Law Implementation Regulations "provides traffic accident investigation should be within 10 days from date of manufacture is complete.

But Wang Qian that "responsibility is overdue traffic management incompetence, but does not affect the legal validity of the certification as evidence."

Under the premise of effective key to the case of traffic Confirmation effectiveness is determined by expert opinion TDG Forensic Center issued the opinion in determining whether the vehicle will be in contact with Wang Xiuzhi old lady, this judgment will knock the next hammer - in the end is the "butt" or "rescue."

Unfortunately, in the trial on the spot, when the judge asked expert opinion "on a small passenger car can not be determined with human body parts in contact," the specific meaning, the days pass forensic center staff to answer, "we can not determine the number of small passenger ferry HAK206 pedestrian Wang Xiuzhi physical contact, we can not rule out small passenger ferry HAK206 number Wang Xiuzhi no contact with a pedestrian. "

Site immediately boos, Wang Qian believed that the expert opinion loses practical significance, "with people's words, is nothing said!"

The last evidence of Wang Xiuzhi elderly hospital injury diagnosis:. "Unable to determine the specific causes of the plaintiff's injury, but the plaintiff is able to determine the injury caused by trauma, according to the Department of plaintiff's age and specific injury, the plaintiff the possibility of their own falls small. "

Because of this evidence, and the judgment of the court verdict Hongqiao reasons expressed, "The defendant (Xu Yunhe) found that the plaintiff (Wang Xiuzhi) when only four or five meters within this short distance as a pedestrian suddenly found the vehicle to which the plaintiff is coming, definitely the occurrence of panic disorder, it fell to the ground would certainly be affected by oncoming vehicles, "the first instance judgment: Xu Yunhe bear 40% of civil liability, damages Wanglaotai 108,606.34 yuan, including disability compensation 87454.8 yuan.

Judgment upon exposure, different public comment, that "calabash gourd case officer sentenced." Among them, a "necessity", a "certainly" was listed as a laughing stock, is considered to be a judge subjective absurd expression.

In this regard, Wang Lixian Dong Qian and all the "China Economic Weekly" said that the decision was controversial. "The evidence is unclear, and the judge did not follow the logic of reasoning to make an accurate judgment, is unconvincing."

Wang Qian that, after the second trial, the possibility of very large case commuted. "The plaintiff insufficient evidence, should not be in favor of the second trial of first instance verdict will certainly be rejected."

Should not appear in the media trial

In the evidence is unclear, the plaintiff, the defendant should have been evenly matched fight for their rights. But in that case, public opinion is almost overwhelmingly favor Xu Yunhe side. Wang Qian believes that there should not be a media trial prematurely dominate public opinion.

August 16, 2011, one called "Tianjin owners helped illegal road climb the fence fall Granny against being falsely 100,000" post quickly spread throughout the major forums, caused widespread concern and widely discussed netizens.

Soon, a number of media reports on the matter, but in the early reports, many media only interviewed Xu Yunhe party, did not respond to the old lady Wang Xiuzhi party and intends entitled "Anti helpfulness was blackmail," " blackmail as "charity" stumbling block "," Tianjin reproduction "Peng Yu case," "and so on.

In evidence, and the court has not made clear at trial, the media overwhelmingly approved a statement Xu Yunhe, and "Xu Yunhe case" as "Tianjin version Peng Yu case." "This is undoubtedly contributed to outperform, so many people believe preconceived Xu Yunhe side of the story, which is not conducive to a fair case." Wang Qian said.

In addition to the media to guide public opinion, involving both sides quickly interact with friends through microblogging win public support. Currently, the "Tianjin Xu Yunhe" in the name to open microblogging has gained the attention of tens of thousands of users,louis vuitton outlet italia, and there are hundreds of commenters expressed support and sympathy Xu Yunhe "experience," and even a lot of people Xu Yunhe "Idealists" morality is no longer called.

In comparison, the old lady's daughter Wang Liping Wang Xiuzhi the opening on the popular microblogging disadvantage, concerns the number of thousand people, there are some strong words Comments are those of Wang Xiuzhi woman more than a personal attack and abuse.

The rapid development of events beyond the legal context, a great debate about the morality of expanded rapidly in the major media, and discuss the themes of the "should not save?", "How to avoid the anti-rescue is blackmail?" "Morality and helping others suffered mental harm "......

"These are the default theme is undoubtedly the Xu Yunhe saying - helping others against being blackmail,http://sanati.66rt.com/viewthread.php?tid=8503&extra=, as the basis for extending the discussion and evaluation of public opinion again exacerbated bias" Wang Qian said.

Long-term studies "media trial" Communication University of China professor Wang Lihua was preparing an article on "Xu Yunhe case" environmental analysis of public opinion papers, he said that in the "China Economic Weekly" interview, "(opinion injury to the parties) appear frequency is very high, "Xu Yunhe case 'is also true, the media has caused great psychological pressure to Wang Xiuzhi old lady, and assault and abuse also hurt her."

"To oppose and prevent 'media trial',http://my.5754.cn/home.php?mod=spacecp&ac=blog&blogid=, safeguard judicial independence and impartiality, in the international press and the legal profession are relevant consensus." Wang Lihua said that as early as 1948, the United Nations Convention on the draft "International Press Freedom? Third Convention "they" interfere with the conduct impartial tribunal, "the news as a ban overload. In 1994, the World Institute of Criminal Law Article XV Fifteenth Congress "on the issue of human rights in criminal proceedings Resolution": public media coverage of court proceedings, must avoid the formation of pre-conviction or emotional effect of the trial. This may occur if the expected impact,Burberry Outlet Online, you can limit or prohibit radio and television stations broadcast the trial situation.

"But in fact, 'media trial' is terminated or reverse phenomenon is very small, because the media is very much different and higher authorities, it is difficult to form a unified control,http://bbs.ebooks01.com/forum.php?mod=viewthread&tid=82064, in addition, 'freedom' concept has long been popular on the media Control key force likely to cause adverse reactions, to prevent 'media trial' still have to rely on the media's self-discipline. "Wang Lihua, said.

August 22, the case of second instance court,http://twkite.com/forum.php?mod=viewthread&tid=13832, the judge asked the parties adjourned after the facts, they will be on trial, the evidence submitted by the parties and the court cross-examination. Currently, all of the followers are waiting for "the new verdict." Wang Qian said: "The overthrow of the first instance verdict, found Wang Xiuzhi possibility of losing a very big lady." But he has repeatedly stressed that "the old lady Wang Xiuzhi lost because of lack of evidence, which is not equivalent to 'Xu Yunhe also an innocent', but do not equivalent to the 'anti-Xu Yunhe helpfulness was blackmail' argument founded. "

Media trial because the media has a great influence on propagation, its predictive reported cases may have a negative impact. Media influence public opinion environment by creating independent judges to decide cases; media untrue, unfair coverage in addition to prior court decisions and judgments, as a direct result of poor social evaluation to parties to the case, or hurt their privacy.

"People's Republic of China on Road Traffic Safety Law Implementing Rules"

Article 75 pedestrians crossing the road motor vehicle shall pass from the pedestrian crossing facilities; no pedestrian crossing facilities shall pass from the crosswalk; there is no crosswalk, the situation should be observed from the vehicle, after confirmation straight through security, not in a vehicle near When sudden acceleration or halfway across backwards, back.

"People's Republic of China on Road Traffic Safety Law Implementing Rules"

Article 93 The traffic control department of the public security organs after an inquest should inspect the scene of the accident scene at the date of the investigation within 10 days of making traffic accident. The need for inspection, identification, and should be tested to determine the identification results within 5 days from the date of production of traffic Confirmation.

People's Republic of China Civil Law

Article 132 party not at fault in causing damage, according to the actual situation, the parties share civil liability.