After the son of the director of the CDC provided the bus accident......

 
[key]
September 16, 2006 morning, Hualong Center for Disease Control and prevention in Puyang city (hereinafter referred to as the CDC) the director's son Chen Xin driving the car, a car accident, the car had two dead and two injured, Chen Xin is seriously wounded, the other passengers a bath center waitress suffered minor injuries.
After the accident, Hualong District CDC and $270000 for Chen Xin compensation for the two families of the deceased, followed by the Puyang Municipal Facilities Management Office (hereinafter referred to as the Municipal Administration) on the court, demand the other party must also pay for the accident "". A few months ago, the court decision, the municipal administration is sentenced to compensate for the CDC and the Chen Xin totaling about 200000 yuan, the Municipal Administration feel wronged, appeal.
Now, about the accident the who pays the bill debate still continues.

● origin
CDC director son to drive the bus caused two deaths and two injuries
It started from a car accident last year. In September 16, 2006, two in the morning, a speeding car to Puyang City Central Plains Road near the TV when suddenly out of control, down the middle severing a conifer and damaged lamp base, flower beds four wheels in the air fall through in the slow lane, on the car two passengers died on the spot, the driver seriously injured, another survivor injured more light.
The injured lesser is A Li (a pseudonym), when he was 18 years old, is a sauna bath center waitress. She said in accident police interrogation record,, in late September 15th 9, an occupation school in Puyang and her 18 year old student Xiao Long (a pseudonym) from the Internet cafe out bath near the center of the crystal, along the Yimin Lu Xiangdong didn't go far, met the open car Chen Xin, the co pilot position sat a she doesn't know the girl. Then 4 men drove to the Changqing Road pattern time KTV sing.
Ali later in accepting the police interrogation say: "in the box, Chen Xin will be a lot of beer, three of us don't drink, Chen Xin a person to drink beer." According to Ali, 16, one forty in the morning, KTV quickly closed 4 talents from the box to leave, Chen Xinhe how much wine she did not know, after leaving KTV, she was sitting in the rear and the dragons, another girl sat in the copilot position, Chen Xin drove away to the west along the central route east.
Ali's interrogation records a details about the accident: "I sat in the back, feel the car seems to float up, on the road a few turn turn turn, I struggled in the car for a while, found a hole is drilled out."
In this accident, 18 year old student Xiao Long died on the spot. Another dead A Ping is only 23 years old, she is the Central Plains road mobile business hall staff, just go to work more than a year. The driver Chen Xin injured were rushed to hospital.
Puyang city Traffic and patrol police detachment of the identification of the accident is speeding. From the accident scene graph Traffic and patrol police departments, can also see evidence of the reverse traffic accident vehicle.
Chen Xin, born in 1984, Hualong District CDC director Liu Yuxia son. That night he is CDC. 5 days after the incident, Hualong District CDC of Puyang city to the Traffic and patrol police detachment accident department submitted a request, the request for additional municipal administration departments for the accident of a party.
The CDC asked the municipal authorities assume responsibility for the accident? This is because the maintenance and repair, the Central Plains road is road in September 15th, road maintenance personnel in the Central Plains Road television in front of the fast lane double yellow line, dug a 1.8 meters long, 1 meters wide, 6 cm deep groove before construction, if fill. While a readme materials Chen Xin said, as he drove through here, suddenly found not far from the front of a construction slot, immediately hit the steering wheel to avoid construction slot, and the front head from a car, and he brake the steering wheel and the steering wheel to avoid, to call into the green belt.
Thus, Hualong District CDC confirmation is not construction slot to establish a clear warning signs, Chen Xin is only in order to avoid the accident of construction slot, so apply for additional municipal administration departments for the accident of a party.

● mediation
A unit of public funds for director to son ""
That was added as a party after the accident, the Puyang municipal management was very puzzled, according to them, the Central Plains road ends with "the road is the road repair, please go slow" in the words of warning signs, Chen Xin drove from Changqing Road into the Central Plains road can certainly see this warning sign, if the normal speed of words, a 6 cm deep construction slot may not lead to a vehicle accident. Therefore, the Municipal Department refused to participate in mediation and settlement of the accident.
In October 13, 2006, the police by accident, finds Chen Xin speeding and Puyang municipal administration without warning signs and take safety protection measures bear equal responsibility, that is to say, if the claim to the family of the deceased, Chen Xin on one side and the municipal management office to pay the same amount of money. Because of their dissatisfaction with the determination results, the Municipal Administration although received notice of mediation but not sent scene. Hualong District CDC commissioned by the director of General Office of Su Xianzhong as an agent, with two families of the deceased to participate in mediation.
In October 27th, agreement between Hualong District CDC with two families of the deceased, agreed to pay 120000 yuan each. In January 14, 2007, the families of the two deceased formally received compensation, counting money every collar is 135000 yuan, than the mediation agreement was also more than 15000 yuan. Display the "traffic accident damage compensation vouchers" on payment unit is Hualong District CDC, the payer is director of the office Su Xianzhong center. In the afternoon of June 12th, the Soviet Union Xianzhong said in an interview with reporters "CDC does not use public funds to compensation, the parties are to take the money". While the center said in a complaint is "car has compensated 270000 yuan".
In fact, before received the compensation, two families of the deceased to sign a certificate to. Notarized unless specified amount of compensation and payment, stipulated in the third is the "Hualong District CDC, Puyang municipal facilities management department jointly to the victim compensation, should bear the Municipal Administration of the Hualong District CDC for payment." Fifth, sixth are particularly marked "Chen Xin the accident does not assume responsibility" and "Hualong District CDC, driver Chen Xin for the traffic accident will not take any responsibility".
Henan Jun Jie lawyer Zhang Junjie told reporters, according to the current understanding of the material, Chen Xin be speeding, reverse driving, improper operation, drunk driving phenomenon in the accident, in the process of the accident has caused two deaths, according to our law interpretation of the Supreme People's court, accidents resulting in death or serious injury three people above, negative or the primary responsibility for all accidents, shall be investigated for criminal responsibility, it is not difficult to understand why the CDC will apply to the Municipal Administration negative accident responsibility, because has the same responsibility will not take full part or the primary responsibility, may be exempted from criminal responsibility. Is not difficult to understand why not at the CDC in the municipal administration case readily compensation, because only the families of the deceased did not to pursue the matter, the driver will be exempt from investigation.

Certificate of traffic accident damages

● prosecution
Compensation after the CDC and Chen Xin are suing the City Management Office
In December 25, 2006 and 26, Hualong District CDC and Chen Xin respectively to Hualong District Court pleadings, the municipal administration and Municipal Gardens Bureau to the dock. It is worth mentioning that, Chen Xin's father was the Secretary in the District of Hualong Meng Ke Xiang, Chen Xin with individual name prosecution of one agent municipal department director Meng Ke Xiang Government Office Bai Wenke. And his mother's unit sued one of the agent of municipal department is director of the Hualong District CDC office Su Xianzhong, one of the reasons the CDC sued is "Chen Xin is affected by the CDC to send car".
In this case, the identity of the Chen Xin have been erratic, he told Traffic and patrol police department for record said his job, but in the litigation status became the Hualong district development and Reform Commission staff, 1222 yuan monthly salary. Su Xianzhong told reporters that "he used to be our temporary staff here, not a formal workers, night driving out to our work".
Have such a words of Chen Xin to the municipal department claims complaint: the plaintiff during hospitalization, Liu Yuxia (CDC staff, Hualong District of Puyang City, 1687.1 yuan monthly salary), Qian Wucheng (CDC staff, Hualong District of Puyang city for the monthly wage of 870.2 yuan), Liu Dianmin (Hualong district government workers Meng Ke Xiang, Puyang City, the monthly wages for 1737.9 yuan), Bai Wenke (Puyang city Hualong district township government workers, monthly wages 1471.7 yuan) nursing.
Because of Traffic and Patrol Police Department identified himself and the Municipal Administration bear equal responsibility for their own health, Chen Xin, half tardy, care requirements of urban management department in the indictment, Hualong District CDC also requires municipal administration departments for the accident in the loss of half. In the process of Hualong District Court of first instance, the Puyang Municipal Management Bureau, the bureau is City Hall functions, not city road maintenance and repair department, more than the construction unit, should not bear the responsibility.
The Hualong district court, according to "road traffic safety law", the road construction operation fails to set up warning signs, did not take protective measures resulting in loss of vehicles passing, relevant responsibilities units shall bear liability for compensation according to law, the municipal management office shall bear the responsibility for compensation for the right reasons. Thus, the CDC and the Chen Xin of Hualong District in Puyang City, the municipal administration is any compensation for Chen Xin 96000 yuan, 178000 yuan compensation for the Centers for Disease Control and prevention.

● doubts
Chen Xin drive is to do business? CDC should foot the bill? The municipal administration will lose money?
In late March, received two judgment of Puyang municipal administration, they think if the verdict on demand money really wrong, because the construction unit municipal administration is not the construction of tank.
Originally, in February 27, 2006, the municipal administration and the Puyang Municipal Engineering Construction Department signed an agreement, agreed in 2006 the city road maintenance by the municipal engineering construction department is responsible for. In 2006 September, at the municipal engineering construction and the same road maintenance team of high tech Zone signed the agreement, agreed the maintenance team specifically responsible for the Central Plains Road repair. Puyang municipal management office director Rui Zhongxin said, the municipal administration management department is not construction units, the construction unit has the qualification of independent legal person, should not be listed as the Municipal Administration department.
The construction team is the bill? Person in charge of road maintenance team in an interrogation Traffic and patrol police department said: "according to the Convention, road pits of not more than 3 square meters, depth of not more than 10 centimeters or so no obvious signs, but for the sake of security, we set up eye-catching signs on the construction site at both ends." 12 morning, the reporter drove into the Central Plains road from Changqing Road Accident in accordance with the direction of travel of the vehicle, found that motorists should be very easy to see in the intersection angle of the warning signs, because this is when the vehicle turns the line of sight path. With the speed of 60 yards to the speed of running, a distance of 50 metres, can clearly see the incident had been filled pit good.
The CDC is the bill? Drivers went to the bar, although Chen Xin denied his drink wine in the readme materials, said only drink water, but these things I'm afraid and "by the CDC assignment" no relationship, so by the CDC to pay 270000 yuan to pay for the accident as if should not. In an interview with reporters, Su Xianzhong director of the Hualong District CDC office also stressed that: "although the CDC sued, but too big impact on us not, because the lawsuit won the municipal administration will lose money, even if lost, and insurance companies." The injured in the accident. Chen Xin is not yet fully recovered, but also to continue to rest in bed.
At present, the Puyang municipal management has to Puyang City Intermediate Court of appeal, plans to invite the expert analysis evaluation of accident responsibility, to discuss what they should not bear the liability to pay compensation for the accident. A the who pays the bill debate still continues......