Dear presiding judge and judge,
Entrusted by the plaintiff in this case, as the litigation agent of * * *, I participated in the trial of this case according to law, and now I would like to express my opinions on the focus of disputes summarized by our court according to facts and laws as follows:
1. The defendant 1 * * * shall bear all the responsibilities for the accident.
According to the first item of the first paragraph of Article 76 of the Road Traffic Safety Law of the People's Republic of China: "If there is a traffic accident between motor vehicles, the party at fault shall bear the responsibility; If both parties are at fault, they shall share the responsibility according to the proportion of their respective faults. " This article applies the principle of fault liability. In this case, the passenger car with the license plate number * * * driven by the defendant 1 * * * ran into the electric bicycle that the plaintiff * * * was riding when speeding to the section of * * *, resulting in many injuries to the plaintiff's body and damage to the electric car. According to the accident identification of the fourth brigade of the traffic police detachment of the Public Security Bureau, the defendant 1 * * * should bear all the responsibilities of this traffic accident. There is a direct causal relationship between the plaintiff's injury and the defendant's1* * *. Then, according to the above laws and facts, the defendant 1 * * * should bear all the responsibilities of the traffic accident.
Second, the defendant * * * is jointly and severally liable for this accident.
If there is a traffic accident between motor vehicles, the fault party shall bear the responsibility. According to the presumption of relevant theory and practice, the motor vehicle party includes the driver and the owner of the motor vehicle. It was found out according to law that the actual owner of the accident vehicle driven by the defendant1* * * was the defendant 2 * * *, so the defendant 2 * * * should be jointly and severally liable for the accident according to law.
Three, this case should be compensated by * * * Property Insurance Co., Ltd. within the scope of compulsory liability insurance.
Article 76 of the Road Traffic Safety Law of the People's Republic of China clearly stipulates: "If a motor vehicle accident causes personal injury or property loss, the insurance company shall compensate it within the liability limit of compulsory motor vehicle third party liability insurance."
Article 2 1 of the Regulations on Compulsory Motor Vehicle Traffic Accident Liability Insurance stipulates: "If a road traffic accident occurs in an insured motor vehicle, causing personal injury or property loss to the victims other than the vehicle personnel and the insured, the insurance company shall make compensation within the limits of compulsory motor vehicle traffic accident liability insurance according to law."
Article 65 of the Insurance Law of People's Republic of China (PRC) stipulates: "The insurer may directly compensate the third party for the damage caused by the insured of liability insurance in accordance with the provisions of the law or the contract."
It was found that the accident vehicle * * * minibus was insured in * * * Property Insurance Co., Ltd. at the time of the accident, and it was within the insurance period. Therefore, the agent thinks that * * * Property Insurance Co., Ltd. should pay in advance within its liability limit from the perspective of ensuring the plaintiff's legitimate interests and making the plaintiff get compensation as soon as possible.
Four, the plaintiff's claim for compensation is in full compliance with the law, and the evidence is sufficient and should be supported.
According to Article 98, 106,19 of the General Principles of Civil Law and Article 76 of the Road Traffic Safety Law, as well as the Supreme People's Court's Opinions on Implementing the General Principles of Civil Law in People's Republic of China (PRC) and the Supreme People's Court's Interpretation on Several Issues Concerning the Applicable Law in the Trial of Personal Injury Compensation Cases, the three defendants should compensate the plaintiff for medical expenses and expenses.
1, medical expenses * * yuan only.
According to the first paragraph of Article 19 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: "The medical expenses shall be determined according to the receipts and vouchers such as medical expenses and hospitalization expenses issued by medical institutions, combined with medical records and diagnosis certificates." For the medical expenses incurred by Plaintiff * * during his hospitalization, Plaintiff has paid all medical expenses by himself, totaling * * Yuan only (see page * * of the evidence list for details), and Defendant shall compensate Plaintiff for the above expenses.
2, hospital food subsidies * * yuan only.
According to Article 23 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: "The food subsidy for hospitalization can be determined by referring to the standard of food subsidy for ordinary staff of local state organs." According to the Calculation Standard of Road Traffic Accident Damage Compensation Items in 20** years, the food allowance for hospitalization is * * yuan per person per day, which is * * yuan in total because the plaintiff was hospitalized for * * days.
3. The transportation fee is RMB * * only.
According to Article 22 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases: "The transportation expenses shall be calculated according to the actual expenses of the victims and their necessary accompanying personnel for medical treatment or transfer to other hospitals", and the transportation expenses paid by the plaintiff in this case are RMB * * yuan, as evidenced by the bill (see page * * of the evidence list for details).
4, lost time * * yuan only
According to Article 20 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, "If the victim has a fixed income, the lost time fee shall be calculated according to the actual reduced income." The accident happened on the morning of * * on the 20th, and the plaintiff stopped working because of the accident. The medical record of * * records the hospitalization date as * * days, that is, from * * month of 20** year to * * month of 20** year. As the plaintiff belongs to the fixed income range, and the certificate issued by * * Company proves that the plaintiff's monthly wage income is * * yuan (see page * * of the evidence list for details), then the actual income reduced by the plaintiff due to the delay in work is * * *+* * * * * = * * yuan? .
5. The nursing fee is RMB * * only.
According to article 2 1 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, "the nursing fee is determined according to the income of nursing staff, the number of nursing staff and the nursing period. If the nursing staff has no income, it shall be calculated with reference to the local labor standards for nursing staff at the same level. In principle, the nursing staff is a person ... The nursing period ends when the victim recovers the ability of self-care ... "During the * * days of hospitalization, the plaintiff's friend * * has been nursing the plaintiff, and * * is agricultural registered permanent residence, who has no job and the salary standard for similar jobs is not specified, that is, a care worker. Therefore, according to the calculation standard of road traffic accident compensation project, agriculture, forestry, animal husbandry and by-fishing,
6. Compensation for mental damage is RMB * * only.
The traffic accident happened because the plaintiff was at home for a long time and could not work, which caused great difficulties to the plaintiff's family life, thus seriously affecting the life and ideological burden of the plaintiff and his family. Secondly, the plaintiff has not recovered so far, which has caused a deep psychological burden to the plaintiff, and the plaintiff's spiritual interests have been seriously damaged, no matter from the perspective of physical health recovery or continuing to work in the future. According to article 18 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases and relevant laws, the court is requested to support the plaintiff's claim? .
7. According to Article 106 of the General Principles of the Civil Law: "A citizen or a legal person who infringes on the property of the state or the collective or infringes on the property or person of others due to his fault shall bear civil liability." In this case, the plaintiff's electric bicycle was damaged due to the fault of the defendant 1, and the cost of repair was RMB * * only (see page * * of the evidence list for details). Defendant 1 shall be liable for compensation according to law.
Please fully consider and adopt the above agency opinions. thank you
Authorized Agent: lawyer of * * Law Firm.
20 years * * month * * day.
Institutional opinions (2)
Dear presiding judge and judge,
Henan Tianshida Law Firm accepted Liu's entrustment and appointed me as the agent in the case of Zhang Moumou v. Liu's debt dispute. After accepting the entrustment, I carefully understood the case. After investigation by the court, we now have our own views and opinions on this case, and we will talk about the following agency opinions according to law:
First, about the nature of the case.
To put it simply, the case is just a loan dispute case, and the words of loan and arrears are clearly written in the procedure. What else can the defendant say? However, if we carefully understand the contents of the court's serious investigation, we will understand the fact that 1, 20** years ago, the plaintiff Zhang Moumou rented the defendant Liu's house for hotel management, and the plaintiff paid the defendant 3,000 yuan monthly rent. Defendant Liu had a difficult life because of her husband's accidental death. After these facts are clear, it is not difficult for us to know the truth about the so-called loan. The loan is only the rent paid in advance by the plaintiff. At least it has been nearly half a year now, and the plaintiff is still doing business with the defendant's house. The rent payable has offset the loan of 65,438+08,000 yuan, and will continue to offset it. How can the plaintiff sue the people's court according to the loan amount of 28,000 yuan? Another fact has also been found out: the house rented by the defendant to the plaintiff was rented to the Qilidian community in Xuchang, and the plaintiff and the defendant negotiated to rent the house directly to the Qilidian community before June 20**. The original defendant negotiated for many times on this matter, and the initial agreed transfer fee was 58,000 yuan for the plaintiff to pay the defendant. Due to various reasons, the two parties did not sign the transfer agreement, and the transfer did not take effect. This reason can also clearly explain why the plaintiff lent the defendant 48,000 yuan (the sum of the two cases). Out of sympathy for the defendant's experience, the plaintiff wanted to accept the transfer and paid the rent and transfer fee to the defendant in advance. The transfer fee is offset if the transfer is successful, and the rent is paid in advance if the transfer is unsuccessful.
Second, the question of whether the plaintiff's defense is established.
The plaintiff argued that since June of 1, 20**, the plaintiff signed a lease contract with Qilidian Community in Xuchang, which paid the rent directly to a certain group, so the defendant could not claim rent offset. () So, is there any legal basis for the plaintiff's defense? China's "General Principles of Civil Law" stipulates that "the legitimate civil rights and interests of citizens and legal persons are protected by law, and no organization or individual may infringe upon them." Article 232 stipulates that "if the parties have not agreed on the lease term or the agreement is unclear, and cannot be determined according to the provisions of Article 61 of this Law, it shall be regarded as an indefinite lease. The parties may terminate the contract at any time, but the lessor shall notify the lessee before a reasonable time. Article 236 stipulates that "if the lessee continues to use the lease item at the expiration of the lease term, and the lessor does not raise any objection, the original lease contract will remain valid, but the lease term is indefinite. "According to these regulations, the defendant still rents the house in Qilidian Community, and the plaintiff has no right to use the house without paying the rent, and Qilidian Community has no right to conclude a lease contract with the plaintiff.
Based on the above opinions, the attorney believes that the people's court is based on facts and takes the law as the criterion. In the face of such clear facts in this case, the plaintiff's claim is insufficient and inaccurate, and the people's court is requested to reject the plaintiff's claim according to law. The above opinions, please fully consider the collegial panel in the collegial panel review, and make a fair treatment.
Authorized Agent: Henan Tianshida Law Firm.
Institutional opinions (3)
Wuling District People's Court of Changde City:
Entrusted by the defendants in the case of Li * *, Yu * *, Changde * * Textile Co., Ltd. (hereinafter referred to as * * Company), Yu * * and Chen * *, our firm appoints this lawyer as its specially entrusted litigation agent in the first instance to participate in the litigation of this case. Now, in combination with the facts of the case and relevant laws and regulations ascertained in the trial, we put forward the following agency opinions on the facts of the case and the application of the law, and ask your hospital to give careful consideration when deciding this case:
Article 64 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the parties have the responsibility to provide evidence for their claims. Article 2 of the Supreme People's Court's Provisions on Evidence in Civil Proceedings stipulates that the parties have the responsibility to provide evidence to prove the facts on which their claims are based or to refute the facts on which the other party's claims are based. If there is no evidence or the evidence is insufficient to prove the facts identified by the parties, the parties with the burden of proof shall bear the adverse consequences.
In this case, according to the plaintiff's allegations and the facts of the case found in court, this case involves the following two facts: 1, the defendant Yu * *, * * Company and Chen * * as one party, and the plaintiff Li * * as the other party. On April 9, 2007, they signed a loan agreement and borrowed 290,000 yuan from the plaintiff Li * *. 2. Defendant Yu * * borrowed RMB 350,000 from Plaintiff Li * * on April 9, 20 10, with a loan term of 12 months, and no interest was stipulated on the loan.
The determination of the relationship between these two facts is the focus of the dispute in this case. According to the plaintiff's claim, there is a causal relationship between these two facts, and the interest agreement in the former fact is the basis for claiming interests in the latter fact; Defendant Yu * * believes that the facts of these two cases are independent of each other, and two different loan relationships have been established, and there is no legal connection between them. In the case that the loan of 290,000 yuan in the previous case has been paid off and there is no interest in the latter loan relationship, the plaintiff should not claim the interest in the latter loan relationship according to the interest agreement in the former loan relationship.
The agent believes that in order to make a correct judgment on the relationship between the above two facts, it must be carried out in strict accordance with the basic principle of "whoever advocates and gives evidence" determined by the above law. Since the plaintiff Li * * claims that there is a causal relationship between the facts of the two cases, the plaintiff should provide corresponding evidence to prove it, otherwise his claim should be rejected if there is no corresponding evidence. However, in the course of litigation, the plaintiff Li * * did not provide any evidence to prove any connection between the above two facts except his own statement. In the case that the plaintiff can only provide an IOU with an amount of 350,000 yuan and no interest is agreed, and * * does not admit that interest is agreed, the plaintiff Li * *' s claim to pay interest is not supported.
At the same time, the testimony of witnesses Peng and Xu provided by the plaintiff is not enough as the basis for the plaintiff Li * * and the defendant Yu * * to agree on interest. Because the two witnesses' statements about the facts to be proved contradict each other on key issues. Moreover, even if the witness's testimony is credible, it can't truly, fully and concretely prove the standard and time of interest payment between the plaintiff and the defendant. The defendant paid RMB 10500 to the plaintiff on October 7, 20**, and RMB 10500 to the plaintiff on October 6, 20**. 20** paid 10000 yuan to the plaintiff in March 2004 and 10000 yuan to the plaintiff in May, which is not enough as the basis for the defendant Yu * * to pay interest to the plaintiff. And in the case that the plaintiff has not provided evidence to prove that the defendant Yu * * should pay interest to him, the above repayment shall be repaid as part of the principal.
To sum up, the agent thinks that the plaintiff Li * * claims that the defendant Yu * * should pay interest at a monthly rate of 3%, which is unfounded in law and should not be supported. In the case that the defendant Yu * * has no obligation to pay interest, the amount repaid by the defendant Yu * * shall be regarded as part of the principal. Moreover, the repayment obligor of the private lending dispute involved in this case is the defendant Yu * *, which has nothing to do with the defendant * * Company and Chen * *. Please judge the case fairly in strict accordance with the facts of the case that can be proved by the evidence.
Authorized Agent of Yu * *: Zeng Xiaohua.