had the case these days, 16-year-old son kept asking WANG Jian-ling: Why not claiming for compensation he died?
February 14 last year, Li Jun, WANG Jian-ling's husband was killed incitement to harm my colleagues, and the perpetrators of the reason was
related injuries to her husband more than a year, WANG Jian-ling has been back and forth. September 8, Jiangsu Province, Xuzhou City Intermediate People's Court of Final Appeal ruling, so that a person's hopes dashed again.
A. Incitement to murder, only for the : When a middle-aged man approached the corner of his bicycle when three men suddenly jump out of the punched and kicked him, stabbed him with a knife, slash. Done all this, the three quickly fled the scene. The man due to excessive bleeding, he died.
murdered man is WANG Jian-ling's husband, Pei County, Jiangsu Province, King of rural cooperative credit union credit safe credit bureau chief Li Jun, Xinhua. Police learned in the investigation, Xinhua Li Jun is responsible for the credit bureaus to work near a seal over employees, commuting several times a few days ago somehow beaten by strangers.
Xinhua credit bureaus a total of only three employees, there have been two strangers inexplicably attacked, the perpetrators, why should the credit bureau specifically for the staff to start?
three perpetrators quickly arrested. Originally, this was a case of incitement to harm, incitement to those who called Sun Zhiguo, the credit bureaus of Xinhua employees waiting list.
Sun Zhiguo Zengyin personal non-performing loans overdue responsibility not recovered by the probation sanction. Later, his mother was ill, Sun Zhiguo a holiday, please take care of his mother. In December 2008, Peixian credit system to implement two-way choice, competition, Sun Zhiguo missed due to two-way choice, but to the waiting list. See other people go to work one full of energy, Sun Zhiguo psychological imbalance, in order to re-appointment, he hired another investment, credit bureaus, Xinhua staff wishing to seal over wounded, making it unable to work, so as to achieve the replacement of their work by their own purpose. February 8, 2009, 11, Sun Zhiguo employed people beating or two of the letters over, because the injury is not heavy, still persist in closed super-normal working day. So he can not for the induction of the Sun Zhiguo Li Jun to start.
2010 March, Xuzhou City Intermediate People's Court sentenced the defendant Sun Zhiguo intentional injury death, the other four defendants were sentenced to death two-year reprieve,Moncler Coats, life imprisonment, imprisonment for fifteen year sentence. At the same time, the court also ordered five defendants to compensate the victims of the loss of relatives Jun 36 million yuan.
However, 5 the defendant almost no enforceable property, the court's criminal with civil judgments are empty.
B. Two social security department will not identify injury
Jun murder after his wife Wang Jianling in tears all day. Li Jun has elderly parents,UGG Online, under age son, he is the mainstay of the family, now pillar crashing down, WANG Jian-ling and laid-off workers at home, family life suddenly lost the source.
Wang Jianling think Jun is not a credit if the staff would not have been unexpected. Since it is caused by work, it should belong to the injury, not to mention the way Jun is killed at work.
unit Pei Jun and Wang Jianling rural cooperative credit unions the same view, then, the unit labor department to identify Peixian Jun injury applications. But Peixian Labor and Social Security Bureau that, in accordance with ; to perform job duties due to accidental injuries by violence, can be identified as work-related injuries. And Jun injured in non-working time and non-workplace, it is not identified as work-related injuries.
Pei Wang Jianling to the Bureau of Labor and Social Security to produce a piece of evidence - a duty credit King On the table, that Jun was killed the evening, he is in accordance with arrangements from Xinhua An credit bureau credit to the work to the King was killed on duty on the way. and Social Security Bureau that, in accordance with The violence by the Department of Li Jun, clearly does not meet this requirement.
2009 年 7 6, Peixian Labor and Social Security Bureau has made a
Pei Wang Jianling of Labor and Social Security Bureau refused to accept the identification made to Xuzhou Municipal Labor and Social Security Bureau to apply for administrative reconsideration. November 2009, Xuzhou Municipal Labor and Social Security Bureau issued by the administrative reconsideration decision, maintaining Peixian Bureau of Labor and Social Security identification.
At this point, as Wang Jianling litigation the only option.
C. Two trial do not support the injury
2010 March, WANG Jian-ling to the Drum Tower District, Xuzhou City, the courts, the Xuzhou city and Peixian two labor department to court, the defendant requested the court to revoke the labor Peixian and Social Security Bureau on Jun made the decision not to identify work-related injuries and Xuzhou Municipal Labor and Social Security Bureau to maintain the administrative reconsideration decision, and requests are found murdered Jun injury.
2010 年 5 月 20, Xuzhou City, the Drum Tower District Court made a verdict. WANG Jian-ling the Court rejected the claim.
Wang Jianling appealed his conviction to Xuzhou City, Jiangsu Province, the Intermediate People's Court of Appeal.
2010 年 7 21, Xuzhou City Intermediate People's Court hearing of the case. Court, the original defendant, Li Jun, the two sides are still around to perform job duties and whether the violence had been a heated debate.
WANG Jian-ling that the Court of First Instance examined, the specific duty is to the victim Jun Xinhua bureau headquarters has been working to return to duty the next day morning, 7:50, Li Jun, these facts can be confirmed in the performance of duties during the murder, but the Court of First Instance found time murdered the victim is not clear. In addition, the Court of First Instance that subjective, as no
time, in the work area, killed because of work reasons, should be work-related injuries. That the victim was not injured in the labor department to perform my job duties, it is clear that the terms were harsh narrow understanding.
appellee Peixian respondent Labor and Social Security Bureau, said, according to the . Li Jun is clearly not part of this legal case. In addition, according to the Office of Labor and Social Security, Jiangsu Province, behavior, violence and damage to the workers, the violence and to perform the functions should have a direct causal relationship. the victim to perform duties because of management practices, that the perpetrators of acts of violence are not the victim the victim to perform duties because of security work that caused the victims and not perpetrators also implemented to perform the functions of management behavior. Therefore, the perpetrators of violence on the victim's behavior and to perform job duties is not a causal relationship.
2010 年 9 8, Xuzhou City Intermediate People's Court made final decision on appeal: dismissed the appeal and upheld the original verdict.
court held that the time should be identified as the victim Jun commuting time, but Jun casualties is not a for the injury, Meanwhile, the victims and perpetrators Jun no work between the leadership and the leadership, management and managed relationships, the perpetrators of a crime against all of the Xinhua bureau workers in the post, with the victim because the victim does not exist between the performance duties arising from personal grudges, therefore, The injury does not meet the
WANG Jian-ling said that in order to give her husband a say, to his son in-laws good show, she will appeal the relevant departments.
D. Legal experts dispute whether the injury
Nanjing University, who declined to be named, labor law experts believe that the court open to question.
He pointed out that injury concept of by the acute injury. Case, if found Jun injury suffered violence are the key to see whether they meet the injury. The provision of working hours, workplace and work-related reasons have to satisfy three elements can be identified as work-related injuries? Politics and the State Council Legislative Affairs Office of the Secretary for Labour and Social Security law of the interpretation that the there are two meanings: First, because workers perform duties that some unreasonable or illegal purposes is not reached, these people out of workers in retaliation for the violence of the injury; second is that during working hours and workplace, the workers perform duties because of injuries suffered. According to the interpretation of the first layer of meaning itself as the innocent party of the workers due to work with others who suffer the disputes of others (innocent party) malicious revenge hurt, although not in working hours and workplace, work-related injuries still be identified.
then, Li Jun victim is not working why? In his view, neither passion Jun victim, nor money to kill, not even the cause of strife due to personal grudges, totally work causes - the defendant Sun Zhiguo Li Jun's work that he posts the road block, so only pain killers.
comprehensive facts of this case, the experts believe that Jun is due to perform the functions of the victim caused, in line with the core elements identified work-related injuries - work-related reasons. In line with the cause of the work under the premise of working hours and workplace factors should be used as auxiliary elements to be determined. He stressed that labor relations, work injury protection principles and spirit of the law is to protect workers because of work or non-malicious work-related activities in after injuries to get relief, as long as the worker suffered injuries associated with the content of the work can be, For the definition of working time will have to judge according to the different nature of work, as long as the injury to rule out the case does not belong to the scope of work-related injuries, it should be recognized as work-related injuries. Case, because the normal performance of duties Jun led to dissatisfaction with waiting list staff Sun Zhiguo, eventually even the tragic fatal disaster. Although he was killed on duty on the way, but because the victim to perform job duties based on retaliation. If only a few minutes did not arrive due to location is not identified as work-related injuries on duty, conscientiously perform their duties if the work is not that it is the reason, if for no reason have been killed because of work reasons, the results are not any workers' compensation, which is not labor law protecting workers' legitimate rights and interests of the legislative intent and the principle of fairness, but also violated the
the Chinese People's University Law School professor Li Jianfei that Jun was killed because of work the conclusion is derived from the behavior of the perpetrators, but the injuries identified in the job duties, that is to perform duties in the hurt,Moncler Online, this is one of the most fundamental point of injury. Accordingly, he believes the court is correct, the victim is really difficult to be identified as Jun injury.
Sina exclusive manuscript statement: This work (text, images, graphics and audio and video) for Sina to use, without authorization, any media, and individuals may in whole or in part.
Related articles：
没有评论:
发表评论