NanchongYingshan County Guan Xin was arrested for the crime of intentional injury by the police criminal detention, the police not to physical disability in this situation is caused enough take seriously ,Guan Xin sick after death ( this newspaper has reported ) .
Guan Xin family filed in state compensation .The court first trial decided Yingshan County Public Security Bureau to pay compensation of 368100 yuan ,the trial court decision for the amount of 420020 yuan .
According to the State Compensation Law the twenty-seventh regulation, the state organs and functionaries of state organs and the exercise of authority caused civil death ,shall pay the compensation for death louboutin pas cher,funeral expenses ,for a total of national worker of the year on year 20 times of average wage outlet hogan.
Sichuan Provincial Higher People the responsible person, be the case as the guiding cases, because the case was made clear last year should be what time as the reference .Yesterday, the provincial high court issued include the case ,5 guiding cases .
The prison doctor because the suspect died in detention on June 21 hollister, 2004, Guan Xin on suspicion of the crime of intentional injury criminal detention by the police hollister france,their parents find the police officer Xin was reflected at the age of 3 hollister online shop,stomach esophagus burns ,after esophageal resection with colon instead ,mainly to food ,eat much food less .
In August 18th the same year ,Guan Xin reflect dizziness ,do not want to eat ,a prison doctor Lee will bring it to the Yingshan County People Hospital, Guan Xin parents raised to officer to do a department of internal medicine abercrombie,but Lee ignored ,to the hospital to make the extreme malnutrition results have no attention, resulting in Guan Xin condition aggravate .
In August 26th, Guan Xin coma and was sent to South and Northern mental hospital to undertake rescue ,rescue invalid death due to the end of the next day .The judicial identification center of the Southwest University of Political Science and Law ,Yingshan County Detention Center on the official Xin regulatory ,care is poor ,resulting in delayed treatment is one of the factors .
Lee also because be forgetful of one crime committed in March 27, 2007 by the Pengan people sentenced to 2 years imprisonment ,suspended for 2 years .The court of first instance to the time of death for compensation based on the official Xin the parent application ,Yingshan County Public Security Bureau on June 26, 2006 to make a decision of compensation : compensation for a loss of 84240 yuan .
Guan Xin parents refuses to accept the decision ,administrative compensation procedure ,by the Nanchong City Intermediate People appointed hogan,Nanchong city Gaoping District People to hear the case .
Nanchong city Gaoping District People thinks ,Guan Xin custody in Yingshan County Detention Center after the illness did not receive timely treatment hollister,death ,whose parents have asked the Yingshan County Public Security Bureau of administrative compensation rights .
Guan Xin death because of Yingshan County Public Security Bureau not timely ,correct the treatment resulting in violation ,Yingshan County Public Security Bureau should assume full liability in administrative indemnity, as the County Public Security Bureau has made the decision on compensation in 2006 ,according to the Supreme People on the implementation of people of the people China on State Compensation Law explanations of some questions provisions ,funeral expenses ,death compensation should be in accordance with the Yingshan County Public Security Bureau decision of compensation on the year 2005 year published national average wage of staff and workers with the standard 18405 yuan to 20 times computation .
In July 19, 2007, the Gaoping District People court in Yingshan County Public Security Bureau to pay 368100 yuan loss .The court of second instance court for compensation in time according to official Xin refuse to obey, to Nanchong City Intermediate People said ,according to the Supreme People State Compensation Law provisions, should be based on 2006 annual average wages of staff and workers as standards for calculating compensation ,amount of compensation should be 420020 yuan .
On October 25 louboutin, 2007, the Nanchong City Intermediate People made a final sentence :according to the Supreme People judicial explanation and the State Compensation Law states: violation of civil rights of life and health ,compensation is computed according to the following provisions namely causing death ,shall pay the compensation for death ,funeral expenses ,for a total of worker of the year on year the national average pay 20 times, to the dependants of the deceased without the ability to work ,living expenses shall be paid mulberry outlet,Yingshan County Public Security Bureau in 2006 making compensation decisions ,not to make the decision on compensation when the previous year or 2005 year country announced the National worker year of average wage calculation of compensation for death ,funeral expenses ,but when death occurs on the year 2003 year worker year of average wage calculation is wrong ,should be corrected .
The people in 2007 Yingshan County Public Security Bureau made a decision of compensation ,should be based on the people damages ruling last year ,the 2006 annual national published the National worker year of average wage of 21001 yuan 20 times computation death compensation ,a total of 420020 yuan .
The court commented in favor of supervision organization with compensation obligation provincial relevant controller introduces hollister france,this case is the uniqueness ,the judge in the law does not expressly provided for the last year should to which time as the reference ,had made the administrative relative person interpretation .
This is beneficial to the organization with compensation obligation to making compensation decisions ,and correctly calculate the amount of compensation .Because of the late time of compensation ,compensation may be paid more mulberry.
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