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Post time: 2014-10-28 10:53:40
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Students are labeled as vegetable drink liquor liability hotel
The court held that the hotel violation "Prohibition" batterer Department classmate Pipan Pei 590,000
Junior high school classmate Xiao Han Liu drink will be labeled as a vegetable, Liu jailed for eight years that end. Liu Xiao Han parent and their parents will, a restaurant owner Kui, party organizers Ding sued together Fangshan Court, claims more than 200 million yuan (newspaper reported on December 17 last year). Yesterday, Fangshan court Xiao Xiao Han and their parents compensation of $ 59 million verdict for a restaurant owner Kui compensation of more than 10 million.
■ sentencing
Hotel liquor bear 15 percent responsibility
14:00 yesterday, Xiao Han father and aunt came to court. Referred to the child's case, the father is still very angry, and aunt then angrily out of the court, said:. "Do not ask, this thing is too hurt our hearts, the family only this one only child,4bd70nldXt, and now has become a vegetable."
Defendant only party organizer Ding's agent to appear in court to hear the trial results.
Court, the judge responsible for hearing the case  sentence said that in that case, Liu Xiao Han behavior causing injury suffered serious injuries, Liu and their parents should bear 85% of the liability, the amount of compensation for 59 million yuan; Kui a hotel owner liquor to minors, the consequences of the occurrence of the damage, there are some fault, should bear 15% of the liability in its degree of fault, the amount of compensation for the more than 10 million; transcripts of the public security organs according to the survey , Ding is the convener of the meeting, in view of the party for voluntary participation, party members have also agreed to AA meetings payment system participants relationship between people is relatively loose, and Ding also limit the capacity for civil conduct, so shall not be liable for damages.
Zhang Li said that, taking into account the specific situation of small Han, Fangshan court to determine their medical fees, appraisal fees and disability compensation fees incurred a one-time payment of compensation by the person; their care, disability aids fees from the compensation people a five-year installment payment. After follow-up medical costs actually incurred can be separately addressed.
■ reaction
Original defendants have said they will appeal
"We're not satisfied, we will appeal." After listening to the judgment, Xiao Han aunt took Xiao Han father left, they think too little money to pay, and there is no obligation to compensate the Ding as a person, "our children are not voluntary, When he called, the child does not want to go, then a telephone call to parents, we agreed to go. "
Hotel party's attorney Wang Chungang believe that the hotel party shall bear joint and several liability, "restaurant owner informed Xiao Han was wounded, the first time Xiao Han drove to the hospital, but also to advance the medical expenses that he has done to the best of obligations. "
Wang Chungang think, decree restaurant owner assume additional liability no legal basis. He said the Commerce Department issued a prohibition is an executive order, the hotel problems by industry authorities according to law, the case was called for restaurant owners liable for supplementary compensation, there is no legal basis.
Wang Chungang said it will appeal, "we are more willing to dialogue with small Korean parents, to see whether to care, rescue mode, give it some help."
It is reported that Liu mother are farmers, stepfather, a taxi driver. Liu mother had sent 300 yuan to the court, but Xiao Han family refused to receive.
Yesterday, Liu parents did not appear in court, the reporter failed to contact on them.
■ The judge said the case
Explicit prohibition of minors
Judge Zhang Li analysts said, from the "Law on the Protection of Minors" and "Prevention of Juvenile Delinquency" Look, very early, "Prohibition," This provision. But the nature of the legal analysis, it is generally considered an administrative prohibitions, does not involve explicit enforceability.
In this case, assume the responsibility of the hotel owners to 15 percent,e6FHx78icI, is for some reason. First, the sale of liquor to minors is expressly prohibited by law; secondly, the son of the hotel owner and the original defendant, students, and the day of his two sons are gathering spot. As business owners who may be out of some interest, without considering the consequences of the sale of liquor to minors.
"Prohibition" has been in Jinerbuzhi embarrassing situation, it can be considered a wake-up call to the community, not a legal furnishings, fault must bear responsibility,juojr7vgqW, pay the appropriate price.
Zhang Li believes that the hotel should prevent the danger of the first, the second should be done after the rescue. Relief afterwards, the boss due diligence, an injured child, and they drove to the hospital. But he did not do dangerous duty of prevention.
■ case outside Interrupted
Injured by the flow of food to sustain life
For live remote, and "7? 21" Storm suffered heavy losses last year, is to take care of his son, Xiao Han parent to his son to grandma lives, so that, grandma grandpa also help.
"Always lying in bed, do not move, the child's hands and feet shrink badly." Yesterday afternoon, Xiao Han Ma Lei aunt side of his mouth, Xiao Han is the home of the only child, a baby grandson was playing silly to hear the bad news, Grandma would be mad children, Xiao Han mother made no spoken, only watching the children crying, tears flow out even later.
Xiao Han aunt, said the incident so far, Xiao Han rely catheter into his stomach, eating stream water, milk and medicine, and every time is very difficult.
Make everyone happy that Xiao Han's condition gradually have some better. Judge Zhang Li said: "The last time I went to see him, I saw the child's eyes will turn with the people,modelli moncler, when the toilet, his face turned red, proving that the child's sense of progress in the past few days, the child. Diet has also been some progress, use a small spoon to feed the little watermelon juice to drink. "
■ case playback
Last February 25 at noon, to celebrate the class two students were admitted to vocational advance, in a Sichuan restaurant Shiwo Town, Fangshan District, yet Le Village, the same as a third grade class Xiao Han, Liu et al More than 20 students in the dinner celebration. The restaurant owner's two sons are gathering students.
Revelry up, someone among the students began Pinjiu. It is understood, Xiao Han and Liu usually dislike to see each other, through the wine effort, Liu Xiao Han when multiplied by the bathroom, with a bottle smashed head Xiao Han.
Restaurant owner immediately drove Xiao Han rushed to hospital and medical expenses paid in advance.
Last February 26, on suspicion of intentional assault, Liu criminal detention by the police. Last August, because of intentional injury Liu was sentenced to eight years Fangshan court. Since Liu was only 16 years old, belonging to minors, case no public hearing.
Beijing Times reporter Shu-Ling Zhang
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