appropriate division of responsibilities

Qiu Yang left sitting plaintiff gallery, his hands resting his chin, quietly listening to the lawyers argue in negligence daughter Qiu Jing and deserve compensation time of the incident. Only when it comes to the good old days when Qiu Jing,http://bbs.yureen.com/home.php?mod=space&uid=580614,air max nike pas cher, he was sadly buried her head slightly.
 
This is the scenario of concern "Porsche Zhuangfei Xiamen female graduate case" during the trial.
 
More than a year ago, the fate of Qiu Jing is a Porsche into completely changed; the past year,http://bbs.chinajoin.net:8080/apps.php?q=diary&uid=40416, Qiu Yang went through all sorts of twists and turns left, only to get a reasonable compensation, but it is futile. In desperation, Qiu Yang breath and bring the perpetrators left, Xiamen Public Security Traffic Management Bureau, Xiamen City Roads, etc. together to court, claims over a hundred million.
 
Trial the same day, "the responsible determining whether fair", "Who is responsible for managing the relevant road signs,http://xq0757.com/read.php?tid=323512, should bear the responsibility," the judge found that the two major focus of debate, and it is the crux of the case is still pending. And these two are also the focus of the decision, the trial does not occur the most intense debate in the parties,louboutin soldes, but occurs between the plaintiff and two administrative departments --- Xiamen Public Security Traffic Authority and the Roads Authority.
 
A "scaled" responsibility Confirmation
 
2008, November 7, Qiu Yang left in memory is painful. However, his daughter Qiu Jing will probably never have a chance to "stand" this pain. For, even after a year of recovery, recent disability identification still show her intellect fixed in the "42."
 
The driver Zhang Yuan on unique position of the accident, from the police interrogation transcripts. In the transcripts, he describes the scene at the trouble: when he traveling in the fast lane from east to west, the road passes through the incident right in front of a car in motion. When his car than the car, suddenly Qiu Jing pediment out from the car, he immediately hit the brakes and the steering wheel to the left, but it was too late, the car's rear-view mirror hit the pedestrian. But it did not slow down until near the road because they are familiar with, know zebra has moved forward.
 
Zhang Yuan's description and two other witnesses transcripts eventually become responsible for the accident to make the traffic control department found the main basis.
 
2008 of December 23, Qiu Yang left received a report, published by the Xiamen City traffic police detachment under the Second Battalion made for Traffic Confirmation --- each party to pay 50% of the responsibility. This day has become a watershed in the attitude of the driver families: Previously, the driver left the family to Qiu Yang rented a house, and advance all the medical expenses; it days later, Zhang Qiu family has requested family houses three monthly period After the expiry of the move, and began defaulting on medical expenses. At times under the coordination of the Qiu Jing was filled before discharge medical expenses, totaling more than 20 million.
 
The inscribed date for Traffic Confirmation December 12 is the responsibility of both parties described: "Zhang Yuan not to drive at night driving reduce speed, caused by the measures taken in case less than", "Qiu Jing did not walk when crossing the road crosswalk. "
 
Faced with such "finds", Qiu Yang left satisfied, on Dec. 25 to submit the application for review. Application makes two question: when the accident occurred Qiu Jing from the crosswalk across the road, rather than cross the street; police managers in dealing with accidents violations of laws.
 
Since then, Qiu Yang left constantly reflect the situation to the authorities and repeatedly demanded to the traffic police brigade to the scene of the surveillance video, but was rejected. His reply was: "the incident camera just go to the beach."
 
However, this answer is clearly unable to convince Qiu Yang left: "at least retained the scene ten minutes,http://www.whtet.com/home.php?mod=space&uid=8631, how the camera could go to the beach will not turn back?"
 
Come here, Qiu Yang into the left seemed "dead end."
 
February 27, 2009, things seemed to turn for the better. Xiamen City traffic police detachment in this day held a briefing, invited the NPC and CPPCC,http://www.pku-bbs.com/home.php?mod=space&uid=61832, courts, procuratorates, Complaints Bureau, Roads, Xiamen University students and Qiu Yang left attend. At the meeting, Xiamen City traffic police detachment VTS Deputy Chief Yu Jianguo said that for traffic accidents, so launching a campaign that has never been.
 
However, this has still not been able to contribute to launching a campaign to resolve the matter.
 
March 9, 2009, in Xiamen city traffic police detachment to review the conclusions: the original certificate the facts are clear and sufficient evidence, legal procedures, appropriate division of responsibilities,http://www.goldenactuator.cn/bbs/home.php?mod=space&uid=169033, be maintained.
 
A "can not be identified,nike air max," the accident vehicle
 
Half a year of hard work, in exchange for futile.
 
In July of this year, Yang Qiu helpless breath left to bring the perpetrators, Porsche joint owner Xiamen Wo Construction and Development Co., Ltd. Wanxin, Xiamen Municipal Public Security Traffic Management Bureau, Xiamen highway, China People's Insurance Company of Xiamen points The company and the incident sections of road reconstruction unit together to court, claims over a hundred million.
 
November 21 hearing, the debate about the speed became the highlight of the day.
 
Liaoxiu Qin and Yang Jialu are live witnesses. According to transcripts of their memories of the incident, they go hand in hand with two cars in the slow lane, car in front, the speed of about 35 km / h, at a distance of 7-8 meters Qiu Jing brakes at the start, from the Qiu quiet stop at 1 meter; Yang Jialu after, the speed of about 30-40 km / h, the car brakes after the discovery of Liao Xiuqin follow brakes, in this moment, Zhang Yuan Yang Jialu car than the car accident ensued. At the same time, notes Zhang Yuan also "echoes" the description of the two witnesses: his speed was between 40-50 yards, found that pedestrians, vehicles and also 10 meters, immediately after his brakes vehicles collided, the car He stopped at the new crosswalk ahead 5 meters. Later, because of traffic jam, he will move the car to the straight-line distance of more than 30 meters away places.
 
"Speed 40 yards, how could my daughter knocked 6 meters? How could the Porsche crashed off the rearview mirror, door dented out? How could step on the brakes after the car also slide more than 20 meters?" When confronted with a tragedy of people willing to listen to her daughter, Yang Chiu left the question should be asked again. These phenomena and data he listed, all from the share identified by authorities as an important basis for the inquiry transcripts parties and witnesses.
 
Court, Qiu Jing's attorney Liangjuan Juan disclose the record of inquiry provided by the police and the accident scene diagram.
 
"According to traffic measurements, the distance between the old and new crosswalk was 7.7 meters wide and 6 meters crosswalk, crosswalk in the old middle point of impact, Zhang Yuan parking spots in the new crosswalk ahead five meters, so to count them, Zhang Yuan after the brake slide . at least 20 meters, "she aloft the accident scene diagram, continued her calculations:" According to the official Porsche sports car performance data released, if the brake distance of 15-20 meters, the car speed should be 74 km from 83 km / h between. "
 
In this regard, Zhang Yuan's agent immediately expressed opposition, that this is not enough scientific estimates, the most authoritative evidence should be for Traffic Confirmation.
 
However, the speed of the vehicle incident, responsibility certificate issuance side --- Xiamen Municipal Public Security Traffic Management Bureau throughout did not give a clear answer.
 
"As the car hit the side of the site, but there is no brake marks on the ground, it is impossible to measure specific speed." By the Xiamen Municipal Public Security Traffic Authority in court so replied.
 
"Unable to measure the speed of the argument is very far-fetched." After the trial, Siming District People's Procuratorate Branch Xiaohong indictment in an interview with reporters,louboutin soldes, said there are three ways to measure the speed: First, Huandao Road near the camera is very dense and, according to Qiu Yang left reflected in the incident area there are cameras, only the transfer of video, then you can measure the speed based on distance and time; Second, Porsche is a senior sports car, the car speed record on the instrument in general with memory function, as long as the police retrieved view can be; Third, according to the braking distance police scene investigation, estimated that the vehicle speed is not a problem.
 
But when reporters the three kinds of measurements given way Xiaohong Qiu Yang relayed to the left, he has said that this can not have much hope. He told reporters after the incident Zhang Yuan has been moving scene, increasing the speed of calculation of the degree of difficulty, but the traffic police, but said nothing about the responsibility of the certificate. "Under the new procedural requirements to road traffic accidents,http://www.bet63.cc/apps.php?q=diary&a=detail&did=295189&uid=14866, the vehicle can move, the parties should take pictures of the scene or the delineation of the accident scene after the vehicle position, withdraw from the scene, but did not take pictures Zhang Yuan has no marking, leading to traffic accidents Figure Even the impact point and the stopping point not marked out, and by whom should bear this responsibility? "said Qiu Yang left.
 
An "unclaimed" abandoned zebra
 
In the inquiry transcripts, Zhang Qiu Jing source movement states is "washed out", and also testify, Qiu Jing is bow my head, walked through the street. By Zhang sources believe that this shows Qiu Jing gross negligence.
 
"Qiu Jing naked eye clinics is a zebra crossing, go fast or slow the rights of pedestrians, she had no fault in the subjective." Liangjuan Juan pointed out that this part of the blame Zhang Yuan agents listed, should be borne by the crossing of the management units .
 
Thus, the Xiamen municipal highway became a member of the court dock.
 
As a rule, road traffic signs and markings are the property of highway management. According to the "Xiamen traffic safety facilities management approach", Public Transport Authority is the administrative department of urban road traffic safety facilities. Thus, in court, when the judge asked about the incident, who manages the road, the two departments staged a "pass the buck war", and even alleged that the crossing should belong to Law Enforcement Bureau management.
 
It is understood that in March this year, Xiamen JiuFengBan investigation of the incident had traveled highway road, highway, an official made a more detailed explanation: the incident of road has been transformed in 2007, the original zebra crossing was abolished, The new zebra crossing on the zebra crossing with the old plan in less than 8 meters. "Marking Clear" by the time the renovation work is performed in units, until January 2008 after the transformation is complete, it transferred to the highway.
 
Meanwhile, Yang Chiu left in the acceptance report presented by this project, the reporter saw, public security departments and Roads are built chapter.
 
In Xiamen traffic police made before a review of the incident found Xiamen Highway Bureau has also provided a copy of the zebra crossing had discarded evidence. Xiamen police conclusion based on this material in a review wrote: "The road property management departments in the adjustment and transformation of the crosswalk, although chiseled waste crosswalk, and provided with a central parterre isolation, but will promptly be cleaned waste crosswalk, Missing presence in the management. "
 
After some "pushing and shoving", the Xiamen Municipal Public Security Traffic Management Bureau and the Xiamen City Roads in court "reached" the only and most consistent point of view: an abandoned zebra and accident and there is no direct causal relationship between the parties The two sides of the fault is the main reason. Moreover, since the old zebra skin light emitting portion has been chiseled in the night and a new zebra significantly different, with the middle of the greenbelt, Qiu Jing as a graduate student, it should be easy to identify.
 
However, Liangjuan Juan presented a set of photographs in court while filling the two departments say somewhat difficult to justify. Photographs, old and new sections of the incident two zebra crossing is not much different, the old zebra was constantly coming and going, even more than on the new zebra walking people still more.
 
Meanwhile, a survey by the Xiamen University Art College Youth Volunteers Association sponsored also confirmed this. In this survey, 84.37 percent of the teachers and students will take the representation of two zebra with 10.94 percent of the teachers and students usually go only old zebra crossing,http://www.11seqing.us/forum.php?mod=viewthread&tid=30855, only 4.96 percent of the teachers and students choose to take only the new zebra crossing.
 
"Greenbelt can not even become a sign of the difference between the old and new zebra crossing, because not far away on the same road, a zebra crossing is being used to bring through from the green." also made a show related photos and cited Xiamen zebra handling of waste elsewhere: In these places, in addition to cutting except zebra also had blackened blackened zebra surrounding stands a "zebra repealed,basket nike air max," the signs, "Obviously, the management of the second incident zebra crossing and did not finish the work. "
 
In this regard, Roads agent explained the reason for these problems is that there are still technical difficulties for the crossing of the repeal. Only after using a mechanical milling asphalt resurfacing can be completely removed, the construction needs traffic control, high cost, but also affect the appearance of the road. So we can only take the first pitch and then blacked artificial chiseled way, but can not completely clear, the road still left traces.
 
However, experts pointed out that the technical problems can not become an excuse for the executive branch to shirk responsibility. Because traffic marking line related to traffic safety, sometimes a not clean the zebra crossing more dangerous than no zebra crossing.
 
Guohong Peng told this reporter intern Fan Chuangui