How much compensation can the families of the victims get from the MU5735 air crash of China Eastern Airlines? Generally speaking, after an air crash, the compensation that family members can get is mainly in two parts: one is the compensation borne by the airline, and the other is the compensation from the insurance company.
Compensation for passengers' carry-on baggage and checked baggage: stipulated in 2006. At that time, considering the economic development, it was stipulated that the maximum compensation for passengers' carry-on baggage was 3,000 yuan, and the maximum compensation for checked baggage was 2,000 yuan.
Insurance compensation: The amount in 20 yuan actually covers many items. Regarding the compensation for personal injury and death, due to the different compensation provided by different airlines, the minimum compensation is 400,000, and the maximum compensation is 6.5438+00,000. Some airlines stipulate that 20 yuan should pay a premium of 400,000 yuan, but it can be insured cumulatively, with a maximum compensation of 2 million yuan. At the same time, this kind of insurance is generally one-off, starting from the moment the insured gets on the plane and ending when he gets off the plane, and is limited to the compensation for personal injury or death of passengers. In addition, if it is confirmed that the accident was caused by Boeing aircraft after the accident investigation in the future, Boeing must also make compensation.
Commercial insurance: Commercial insurance varies from person to person. Some people usually have a strong sense of insurance and will take out all kinds of commercial insurance, among which accident insurance is the most common, and the amount of compensation for accident insurance with different premiums is also different. Generally speaking, if the annual premium is 100 yuan, you can get about 500,000 yuan when the aviation accident happens, while if the annual premium is within 200 yuan, you can get about 654,380+0 million yuan when the aviation accident happens.
Company compensation: Some passengers go home and some travel by plane, so there must be business trip or company business. Business trips and work-related accidents are covered by work-related injury insurance. Therefore, if the passenger is on a business trip for work reasons, the family members of the passenger can also get a work-related death allowance.
What does the amount of compensation mean?
14 compensation amount represents 14 compensation received by the victim's family /strong
3 2 1 "China Eastern Airlines air crash has officially started the compensation work. The compensation for the victims of this air crash has three parts, the first part is insurance compensation, the second part is airline compensation, and the third part is liability compensation. This part belongs to the indemnity of the insurance company and is paid to the victims who bought personal commercial insurance. 14 compensation was paid to 14 customer, not the owner.
Corresponding compensation means that when you damage something, you have to compensate others for the value it brings, and this value should be equal to this thing. It doesn't mean that you damage other people's things, and then other people's things are not good, so you should compensate others less. This is unacceptable, because you have damaged other people's things in advance, and you have to compensate others for the corresponding losses.
Get compensation for an unjust case
The unjust case forty years ago was detained for seven years, and the compensation was about 800,000, depending on the situation.
If the unjust, false and misjudged cases infringe upon the personal freedom of citizens, the compensation standard shall be the daily compensation calculated according to the average daily salary of employees in the previous year. Anyone who infringes upon a citizen's right to life and health and causes physical injury shall pay medical expenses and nursing expenses, and compensate for the income reduced due to absenteeism. If death is caused, death compensation and funeral expenses shall be paid, the total amount of which is 20 times of the average annual salary of employees in the previous year.
2065438+On May 5, 2009, the Supreme People's Procuratorate Criminal Appeal Procuratorate issued a notice requesting people's procuratorates at all levels to implement the new daily compensation standard of 3 15.94 yuan when handling state compensation cases at the same level.
Article 33 of the State Compensation Law of People's Republic of China (PRC) infringes upon citizens' personal freedom, and the daily compensation shall be calculated according to the average daily salary of employees in the previous year. According to the above-mentioned laws and regulations, statistical data and the formula for calculating the average daily wage provided by Ministry of Human Resources and Social Security, the Supreme People's Procuratorate has set a new daily compensation standard of 3 15.94 yuan for cases of state compensation for infringement of citizens' personal freedom. Article 39 The limitation period for a claimant to claim state compensation is two years, counting from the day when he knows or should know that the state organs and their staff members' actions in exercising their functions and powers infringe upon their personal rights and property rights, but the period of detention and other restrictions on personal freedom is not counted. When applying for administrative reconsideration or bringing an administrative lawsuit, the relevant provisions of the Administrative Reconsideration Law and the Administrative Procedure Law shall apply. If the claimant is unable to exercise his right of claim due to force majeure or other obstacles within the last six months of the limitation of compensation, the limitation shall be suspended. From the date when the reasons for the suspension of the limitation of action are eliminated, the limitation period of the claim for compensation shall continue to be counted. Article 40 This Law shall apply to foreigners, foreign enterprises and organizations claiming compensation in People's Republic of China (PRC). If the countries to which foreigners, foreign enterprises and organizations belong do not protect or restrict the rights of People's Republic of China (PRC) citizens, legal persons and other organizations to claim state compensation from that country, People's Republic of China (PRC) and the countries to which the foreigners, foreign enterprises and organizations belong shall implement the principle of reciprocity.
A plane crashed today.
1 TWA has no 737.
Because the 737' s fuselage size and passenger capacity are limited, it can't meet TWA's operational requirements, so the airline chose other models.
TWA's fleet mainly includes Boeing 777, 787, Airbus A330 and other large wide-body passenger aircraft, with larger passenger capacity and range, which can better meet the operating needs of airlines.
Get compensation through misjudgment
In 2003, Zeng Aiyun was involved in a murder case and spent 12 years in unjust prison. Now, he is dissatisfied with being compensated by unjust imprisonment, and thinks that the compensation of 6.5438+0.27 million yuan is too far from the 2.94 million yuan he applied for. He thought he had an ideal future, but he subverted his life path by misjudging the death penalty, suffered more than ten years of imprisonment and suffered serious physical and mental injuries. He asked for compensation for mental damage of about 2 million. But the court only gave mental damage compensation more than 329,000 yuan. Zeng Aiyun was dissatisfied with the unjust imprisonment and didn't even ask for a compensation decision. He will file a lawsuit with the Hunan Provincial High Court, hoping that the court will support him in claiming 2 million mental damage compensation.
Yesterday, Zeng Aiyun, the protagonist of 12 Xiangtan University graduate murder case, received state compensation from Xiangtan Intermediate People's Court1270,000. It is understood that Zeng Aiyun is not satisfied with this result and wants to appeal to the Hunan Provincial High Court tomorrow.
On the evening of June 27th, 2003, 10, Zhou Yuheng, a graduate student of Xiangtan University in 2002, was killed in Room 308 of the South Building of the Project. Zeng Aiyun, a 2003 graduate student of the same school, and Chen Huazhang, a 200 1 graduate student, were detained.
Since then, Xiangtan Intermediate People's Court sentenced Zeng Aiyun to death three times in September 2004, February 2005 and June 2065438. However, Zeng Aiyun firmly believed that he was innocent and never gave up his appeal. On July 2, 2065438, the Xiangtan Intermediate People's Court retried the case and announced that Zeng Aiyun was acquitted due to insufficient evidence.
In June this year165438+1October 12, Zeng Aiyun filed an application for state compensation with Xiangtan Intermediate People's Court. Zeng Aiyun thought he instinctively had a better future, but he subverted his life track because of misjudging the death penalty. He was imprisoned for more than ten years and suffered serious physical and mental injuries.
In addition, his mother suffered a great mental shock because of the misjudged case, and suffered from amnesia and insomnia. Therefore, he applied to the state for compensation of 2 million yuan for mental loss and injury. Plus the compensation for personal freedom stipulated by the state is more than 940,000 yuan, which is 2.94 million yuan.
Yesterday afternoon, Xiangtan Intermediate People's Court made a state compensation decision for Zeng Aiyun. The court met Zeng Aiyun's demand for personal freedom compensation of more than 940,000 yuan, but only gave Zeng Aiyun 329,000 yuan for mental damages, plus 2,200 yuan for the seized mobile phone, which was 1.27 million yuan. At the same time, the court is willing to eliminate the influence, restore the reputation and apologize for Zeng Aiyun within the scope of infringement.
The compensation amount of 1.27 million did not meet Zeng Aiyun's expectation. He said that he was preparing materials and expected to file a lawsuit with the Hunan Provincial High Court tomorrow, hoping that the court would support him in claiming 2 million mental damage compensation.
What happened: In September 2003, Zeng Aiyun was admitted to Xiangtan University as a graduate student. He didn't expect his graduate life to come to an abrupt end after only 57 days. One month after school, he met his classmate Li Xia at a tutor selection meeting, and they fell in love quickly. At this point, Li Xia is breaking up with Zhou Yuheng, who has been in love for many years.
20031Oct 27th, 65438, Zhou Yuheng called Li Xia and told her that there was something wrong with Zeng Aiyun's life style. Zeng Aiyun called Zhou Yuheng to explain that Zhou Yuheng said that he was devastated because Li Xia left, and he could not leave Li Xia. Zeng Aiyun said he was willing to return Li Xia to Zhou Yuheng.
Later, the court verdict showed that around 8 o'clock that night, the three met and negotiated in the library. When they met, Zhou Yuheng got help from classmate Chen Huazhang. Previously, Chen Huazhang had mashed and dissolved the diazepam tablets prepared in advance and put them into Zhou Yuheng's teacup.
Zeng Aiyun thinks that Zhou Yuheng's abnormality is a manifestation of "mental breakdown". He put Li Xia's hand on Zhou Yuheng's, motioned for them to make up, and then turned away. Unexpectedly, Li Xia finally followed up, and Zhou Yuheng returned to the dormitory with the help of Chen Huazhang. At about 1 1: 40 that night, Zhou Yuheng's body was found downstairs in the engineering department.
The sentence was changed several times, and he was sentenced to death, but he was finally released because of insufficient evidence.
What happened in the three hours from meeting at eight o'clock in the evening to Zhou Yuheng's death is an unanswered question in 12 years. After the incident, Chen Huazhang claimed to have witnessed the murder of Zeng Aiyun. But at the same time, the police found that Chen Huazhang was jealous of Zhou Yuheng because of his mentor's esteem, and also had the motive to kill him. The police found that Zeng Aiyun and Chen Huazhang were seriously suspected of killing Zhou Yuheng.
The day before the incident, Zeng Aiyun was still busy with work-study programs. His family is not well off. In addition to his daily study, he has to go to the construction site to work as a teacher in Xiangtan Senior Technical School to maintain his daily expenses. At that time, Zeng Aiyun had good academic performance and strong personal ability. He is the president of the student union in four departments of Xiangtan University, and he is ambitious for the future. But after October 27th, 2003 10, all his hopes disappeared.
In September 2004, Xiangtan Intermediate People's Court sentenced Zeng Aiyun to death and Chen Huazhang to life imprisonment, followed by a long prison life. When he first entered the detention center, Zeng Aiyun was not used to dealing with the people inside. At that time, he was also writing to the relevant departments. "It doesn't matter how long I stay here, even if I die in it. But you must give me an innocence. " However, he received no reply.
During 12, the word "hope" kept flashing around Zeng Aiyun, and his mood fluctuated with the result of each judgment. In June 20 10/February and June/0/0, 2005, Xiangtan Intermediate People's Court sentenced Zeng Aiyun to death and Chen Huazhang to life imprisonment respectively.
After several times of upholding the original judgment, Zeng Aiyun tried to commit suicide in the detention center several times, but all failed. Accompanied by a mental blow, it is a complete collapse of physical defense. Zeng Aiyun recalled that as long as the temperature in the detention center was a little colder, he began to tremble all over. In those years, he took all the cold medicines in the detention center, including Gankang, Baijiahei and so on, and had an intravenous drip three times a week, but it didn't get better. "For the first time, I felt like I was going to die there." Zeng Aiyun said.
Later, he learned from the detention center's TV that, Uncle Zhang and other unjust cases were * * * one after another, and Zeng Aiyun seemed to see hope. He began to keep exercising in prison and his body began to recover slowly. Finally, he waited for this day. On the 4382nd day in the detention center-2065438+05,21,Zeng Aiyun was acquitted for "unclear facts and insufficient evidence". Chen Huazhang committed the crime of intentional homicide, and the facts were clear. He was sentenced to life imprisonment and deprived of political rights for life.
Zhong Zhiyuan, Zeng Aiyun's defense lawyer, told the reporter that during Zeng Aiyun's detention, trial and sentence, newspapers, television and other media repeatedly reported "Xiangtan University strangled his classmates" and "Ma Jiajue II case", which had an impact on his reputation in the country.