Formal appeal
Appellant (plaintiff in criminal incidental civil action)? Male,/kloc-0, born in August, 962, Han nationality, Wuhan native, laid-off worker, living in Mao Yuan Lane, Hanzheng Street, Qiaokou District, this city? No, the phone number is 1397 15 137? .
Appellee (defendant in criminal incidental civil action) Wu? Male,/kloc-born in October 1968 1 1, Han nationality, Xiaogan, high school education, self-employed, living at No.23 Zhongshan Avenue, Qiaokou District, this city? Number three? Architecture? Number, phone number 837350? .
The appellant refuses to accept the civil judgment of No.518 (2006) on the case of intentional injury of the appellee, and hereby appeals.
Appeal request:
First, cancel the second item of the original judgment;
II. Amend the appellee to compensate the appellant for lost time, nursing expenses, necessary nutrition expenses and follow-up treatment expenses 16255 yuan, totaling 156955 yuan.
Reasons for appeal:
First, the judgment on the civil part of the original trial missed an important legal basis? The Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases
Undeniably, Article 1 19 of the General Principles of the Civil Law of People's Republic of China (PRC) is the basic basis for the application of law in the trial of personal injury compensation cases, but many provisions in the law promulgated by 1986 are quite incomplete, such as: on harming citizens' bodies? This article only stipulates: compensation for medical expenses, reduced income due to missed work and living allowance for the disabled. Obviously, the judicial interpretation "the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" promulgated by the Supreme People's Court on 20 10 is much more detailed, and the people's courts should not miss this important legal basis when applying law in the trial of personal injury compensation cases.
Second, the original judgment of the civil part was swallowed.
The judgment on the civil part of the original trial in the book is only the following dozens of words: the plaintiff's claim in the incidental civil action is supported by our court. The amount of compensation shall be calculated according to relevant laws and regulations. Follow? According to Article 119 of the General Principles of Civil Law of People's Republic of China (PRC), the verdict is as follows: II. Defendant Wu? Compensation for the plaintiff? Yes, the judgment of economic loss of 4980 yuan should be clear, complete and accurate. Is this judgment clear? Is it finished? Is it accurate? How much is the economic loss of 4980 yuan? Who can read it?
3. Does Judge Tan Yi, the presiding judge of the collegial panel of the original trial, apply robber logic? There is no judicial expertise, that is, there is no calculation method for medical expenses (including follow-up treatment expenses), lost time, nursing expenses and nutrition expenses according to Articles 19, 20, 2 1 and 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. There is no legal provision? Only forensic expertise can be used as the basis for finalizing the case? What's more, some expenses can't be appraised by forensic experts (in fact, the Appellant specially consulted the forensic experts' offices in tongji hospital and Zhongshan Hospital. Regarding the follow-up treatment expenses, his opinion is: spending10 million yuan is not necessarily a good treatment, so it is difficult to make expert conclusions). The following is the basis for the appellant to claim compensation for related expenses:
(1) Lost time, because the appellant was not treated in time after being injured, and the Ronghua Street Police Station of Qiaokou District Branch of Wuhan Public Security Bureau refused to file a case for a long time, the appellant has been in a state of complaining to the relevant departments of the public security organs, the administrative omission complaint office and the people's procuratorate. Combined with the medical records re-diagnosed in Zhongshan Hospital before the trial, the appellant only claimed that the construction period was 1 year, which was reasonable and legal; Because the appellant can't provide evidence to prove his average income in the last three years, it is calculated with reference to the average salary of service employees in Wuhan in the previous year 16255 yuan.
(2) nursing expenses. The appellant has been taken care of by his wife since he was injured. Up to now, the appellant only advocates that the nursing period is 180 days, which is equally reasonable and legal. The nursing fee is calculated according to the standard of 25 yuan/day.
(3) Nutrition fee. In view of the fact that the appellant's fracture can't be cured at present, the appellant claims that the nutritional period is 180 days; Calculated according to the standard of 20 yuan/day. The above standards are for your reference.
(4) Follow-up treatment fee, according to the introduction of tongji hospital Institute of Forensic Medicine and the attending physician of Zhongshan Hospital? Because the plaintiff didn't treat it with splint in time, the fracture can't be cured now, so now it can only be treated to relieve the pain? Therefore, the appellant went to the Pain Department of Zhongshan Hospital for diagnosis again before the trial. Dr. Yang Qinghong from the Pain Department said: There are injection therapy, magnetic therapy and physical therapy. Physical therapy is the cheapest, 32 days a day (you can also take medicine). Therefore, considering that he still needs to work, the appellant only claims that the average physical therapy fee is 10 yuan/day, and the time is calculated by the average life expectancy of 80 years as defined in the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Laws in the Trial of Personal Injury Compensation Cases, ***36 years and 7 months, calculated by 30 days/month, * * 1365438. Perhaps the standard of follow-up treatment fee proposed by the appellant is somewhat novel, but the appellant thinks that people's courts can learn from it as long as it is reasonable under the guidance of legal provisions. For example, what is the compensation for the right to light in judicial practice? Different people have different opinions, and wise people have different opinions? But now a reference? Reduce the loss of light time and convert it into electric energy? The standard calculation method has been adopted by many courts. Therefore, the appellant requests your hospital to be in? The spirit of law? Under the guidance of daring to apply reasonable operation mode, don't stick to one mode.
In addition, the forensic appraisal fee for minor injuries 150 yuan.
Four, the collegial panel of the original trial seriously violated legal procedures, and should send the case back for retrial.
(a) the judge's preconceptions are false, and it is true to eliminate disasters for others.
The collegial panel arranged two cases at 9: 00 am on September 6, 20 10, and then temporarily postponed the hearing. The trial started at 1 1: 40, and ended at 1 1: 55. It was amazing that a criminal incidental civil lawsuit was completed in 15 minutes!
(2) The judge, as the defender and entrusted agent of the appellee, does not conduct cross-examination or read the evidence.
When hearing the civil part, the presiding judge not only did not ask the appellee to cross-examine the appellant's evidence, but also openly acted as the appellant's defender and entrusted agent without looking at the evidence himself. It's incredible! After the trial, I almost forgot to collect the appellant's evidence if the appellant didn't entrust an agent to remind me.
(3) The judge showed signs of bending the law before leaving the court.
After the trial, the presiding judge couldn't wait to call the people in the gallery to the court. Don't go, let's have dinner at noon! ?
Special note: As the law does not give the plaintiff an independent right of appeal in criminal incidental civil action, the appellant has filed a criminal protest request with the Qiaokou District People's Procuratorate and the Wuhan Municipal People's Procuratorate for the criminal judgment, and the documents are attached.
I am here to convey
Wuhan Intermediate People's Court
Appellant:
Time: