Case replay: drunk driver killed "unknown woman"
February this year 10 is the Lunar New Year. At 2 1: 55 this day, a car accident occurred at an intersection in Shibei District, Qingdao. A jeep knocked down a woman who was crossing the street. The woman died after being taken to hospital.
After the incident, the driver of the accident, the Soviet army, arrived soon. According to Su Fang's confession, on the afternoon of the incident, he drank white wine at his father's house, drank beer alone at night, and drove home in the company jeep after drinking. At the time of the crime, the woman jaywalked, which led to a car accident. After testing, the alcohol content in Soviet blood was 78mg/ 100ml. The traffic police brigade of Shibei District of Qingdao Public Security Bureau made a determination on the case: the driver drunk driving a vehicle whose braking force failed to meet the requirements of the national standard and the lighting setting did not meet the requirements, and violated relevant laws and regulations, and assumed the main responsibility in the accident, while the deceased assumed the secondary responsibility.
The Soviet army has no objection to the "accident responsibility certificate". Usually, the next step should be to compensate the families of the deceased. However, the police searched for it in many ways, but it was too late to verify the identity of the deceased and failed to find her relatives. The police immediately published the news of looking for you in the newspaper, and no relatives came to claim it. The procuratorate suggested and supported the Civil Affairs Bureau to appear in court as a plaintiff. Although the identity of the deceased cannot be determined, the fact that the Soviet army was suspected of causing a traffic accident is clear. In July this year, the Soviet army was transferred to the People's Procuratorate of Shibei District, Qingdao for review and prosecution. At this time, whether and how the deceased should receive compensation has become an unresolved issue.
The People's Procuratorate of Shibei District believes that the right to life and health of the deceased should be equally protected, although his identity is unknown and his relatives have not heard from him. The Administrative Measures for the Relief of Urban Vagrants and Beggars promulgated by the State Council stipulates that "the civil affairs departments of the people's governments at or above the county level shall be responsible for the relief of vagrants and beggars". Accordingly, the hospital made a proposal to the Civil Affairs Bureau of Shibei District in the form of a procuratorial proposal: the Civil Affairs Bureau filed a lawsuit for personal injury compensation on behalf of the victim and claimed the rights on behalf of the victim. Shibei District Civil Affairs Bureau accepted the procuratorial suggestions.
In August this year, the Civil Affairs Bureau of Shibei District of Qingdao submitted an incidental civil complaint to Shibei District Court as the plaintiff of criminal incidental civil action. Ask the defendant to compensate the plaintiff for death compensation, funeral expenses, mental damage compensation, etc. , totaling more than 300,000 yuan; The living expenses of the dependents and the dependents are uncertain for the time being, and it will be verified before deciding whether to prosecute separately.
The focus of trial debate
Recently, the Criminal Trial Chamber of Shibei District Court held a public hearing to hear the case.
The court first heard the criminal part of the case. The driver, the Soviet army, has no objection to the accusation of drunk driving death and suspected traffic accident. However, he objected to whether compensation should be paid, saying that "the deceased is a' blind stream' and does not need compensation; And no specific person accepts compensation "; The plaintiff's attorney pointed out that people's personal rights are not limited by occupation and status, and there is no distinction between high and low, and all people's life values are equal.
So, how to determine the amount of compensation? The driver argued that every penny of compensation should have a basis. The victim couldn't even identify her. She doesn't know where her household registration is, and she doesn't know whether she is an urban household registration or a rural household registration. How to determine the compensation standard?
In this regard, the plaintiff's lawyer's point of view is that according to the relevant judicial interpretation of the Supreme People's Court on the trial of personal injury compensation cases, the compensation calculation standard of death compensation in this case should be calculated according to the per capita disposable income of urban residents in the last year where the court of appeal is located, and the one-time compensation should be 20 years.
The court of first instance did not make a judgment in court. (Wang Yanqing, Wang Chunli, Yuan Cost)
Prosecutor's comments
In this case, what is the basis for the Civil Affairs Bureau to appear in court as the plaintiff in criminal incidental civil action? The reporter interviewed Xu Yajun, Deputy Procurator-General of Shibei District Procuratorate in Qingdao. She said: the law does not explicitly stipulate this; It is still a legal blank for the procuratorial organ to support the Civil Affairs Bureau to file a lawsuit as a plaintiff. However, the hospital conducted in-depth discussion and research on this case, and according to the Management Measures for the Relief of Vagrants and Beggars promulgated by the State Council, it was stipulated in this method that the civil affairs departments at or above the county level should bear the responsibility for the relief of unnamed vagrants and beggars. "We believe that this kind of assistance is not only economic assistance, but also legal assistance for vagrants and beggars who have been personally violated. If relatives cannot be found, the civil affairs department should safeguard their rights and interests as a statutory relief agency. "