Court of Jiaozhou city Shandong for judges adjust post handover case "forgotten"

The employee was electrocuted compensation litigation for five and a half years still no whereabouts

   The case briefly (in this case, after a second instance remand, then after the appeal has no whereabouts):

The plaintiff Xu Xingyou, Mrs Xu Furong's son Xu Han in Qingdao (Jiaozhou) Hao Hua Sheng Hoisting Machinery Equipment Co., Ltd. (hereinafter referred to as the "crane company") work, Xu Han staff employed simple houses, many people living in the company within. August 9, 2007 23 am, when the son Xu Han go pee after outbuildings aisle, hanging in no lighting line fixed wire knockdown in cement wetlands (when the weather is rain, and house leak), lighting line is hung on a Chinese body, the same dormitory with heard the noise and rushed the broom off the circuit, after being taken to hospital in Jiaozhou City, the hospital confirmed Xu Han death. The hospital issued "medical certificate of death", cause of death: electrocution.

   The Jiaozhou court of first instance on the other to find out: "crane company is composed of a generation of Feng Yan and Huang Chuanyou investment to set up a private limited company,The company courtyard wire factory and living area pull switch, bare, no security personnel for the line maintenance management, did not take any security measures. The son Xu Han after the accident, the company actively compensate the plaintiff 7000 yuan. In July 16, 2007, lifting the company pay the electricity bills of 1049 yuan, the tariff receipts covered with Xi Xin Trading (full name: Jiaozhou City Nanguan Street Office of the West Village Committee) Delta chapter electricity received "(the collection of documents to provide electricity). Below: the site and the dormitory door

Below: the power sharing company area and living area total switch

   In the2007Years8Month16Day(that is, after the incident of seventh days), when the plaintiff from Xintai province Shandong City domicile (rural) found that arrived in Jiaozhou city court filing, lifting the company has: "people to plant air" (Department of rented space), and lifting the company founder Huang Chuanyou and the old town with the Town, the house has been home after disposal, to run the company with his son, daughter-in-law in Jiaozhou City, mainly by his son Steve Wong, daughter-in-law generation Feng Yan specific business of the company, and have no fixed home, rental housing in the urban area of Jiaozhou (the specific place unknown), I was able to get through the phone.

Jiaozhou City Nanguan Street offices are the villagers committee (hereinafter referred to as the "committee") as the company's supply of property units, companies "wire factory and living area pull switch, exposed in the know, no security personnel for the line maintenance management, did not take any security measures" of the case, still give the power supply, and did not carry out safety inspection and supervision duty,Do not comply with the requirements of different ports in the supply line to install the three leakage protection facilities effectively, when the electric shock accidents, leakage protection facilities are not "trip", is also the main reason for this unfortunate accident. Therefore, the plaintiff will be the village committee are also included in the co defendant required to assume joint responsibility for compensation.

In this case the trial proceedings, the plaintiff and the written request additional Jiaozhou power supply company as a joint defendant shall bear joint and several liability. But Jiaozhou City Court for the additional power supply company as a joint defendant application ignored.

2007Years12Month16DayJiaozhou City, the court (2007Glue) issued Spain in the early Republican word article3601"No." the civil judgment, judgment of crane company90%Liability to pay compensation119033.75Yuan (minus the active compensation for the plaintiff7000Yuan); mental damage solatium5000Element; the son Xu Han themselves10%Responsibility; rejection of the village committee litigation request.

The plaintiff refuses to accept the decision, to appeal to the Qingdao intermediate people's court, the main appeal and reasons: first, the village committee shall bear liability for compensation according to law; two, ignore for the original judgment as the additional power supply company as a co defendant, illegal procedure.

2008Years6Month23Day, Qingdao City Intermediate People's Court (2008Green people with the word no. five)871No. "civil Award", Jiaozhou City People's court ruling revoked (2007Glue) issued Spain in the early Republican word article3601"No." the civil judgment; back to the Jiaozhou City People's court for retrial.

After remand, Jiaozhou municipal court added Jiaozhou power supply company and took part in the proceedings as co defendants, in2009Years10Month26DayMake (2009Glue the people) No.1"No." the civil verdict, sentencing the defendant crane company still bear90%Liability to pay compensation156505.70Yuan (Note: because of the amount of compensation change: annual compensation standard change year by year); soothe mental damages1Million yuan; rejected the plaintiff to the village committee and the power supply company litigation request.

After that, the plaintiff is not satisfied with the review decision, again according to law by the Jiaozhou Municipal Court on appeal to the Qingdao intermediate people's court, the court to Jiaozhou sent to the Jiaozhou court of appeal and the designated bank account by telegraphic transfer the appeal fee2515Element. See "the single wire" are as follows:

About the first appeal fee, because the second appeal has not made any progress, it has not made a special trip to the Qingdao intermediate court to apply for refund procedures. The first appeal fee bill is the plaintiff (the appellant) first wire second appeals fees, the Jiaozhou city court will first appeal fee bills mailed to the plaintiff (the appellant). See it for the first time "the appeal fee bill" scanning are as follows:

Again after the appeal in the past few months, when there is no news, the appellant (i.e., the plaintiff, the same below) telephone asked the Jiaozhou City Court judges, was told: crane company can not find a person, the phone also can not contact, could not be delivered to the petition, only "announcement" service, and inform: be telegraphic transfer200Yuan "the announcement fee". On the next day (unable to hold oneself back to the appellant2010Years5Month7DayThe "notice") wire transfer fee. And in the past two months, Jiaozhou city court again call the appellant: be telegraphic transfer400Yuan "the announcement fee", the appellant again immediately transfer the announcement fee. See "the single wire":

    By the two times "the announcement fee", the "TT" scanning by mail to the Jiaozhou City Court judge, waiting for the notice served as soon as possible after the transfer of second instance court.However, what is even worse: many phone calls the appellant asks the Qingdao Intermediate Court (operator), the query received Jiaozhou court case file? In order to determine the second instance court time as soon as possible, the intermediate people's Court of inquiry received the answer is: has not received the case file. In this case, the appellant can then contact the Jiaozhou City Court original judges Qin Qin Tao Tao, but the judge said: the court has to adjust the position, she was not in the original trial, let the oneself contact on the court, but the number of telephone contact on the court, to2012Years3Month20DayThe answer is: no court case in the case file, if any, would go to the intermediate court, nor turn away record, let the original judge or contact. In desperation, continue to call Tao Qin Qin judge, judge finally found the whereabouts of the case file: adjust the position after the judge Xu Rongfei hands the dossier on the case over to the new people to a tribunal.

A court of appeal and the court of Jiaozhou city people judge Xu Rongfei on the phone, Xu said the judge need to check the file again, and after a few days later and a judge contact, obtains the answer is: this project needs to notice is served, you over "the announcement fee" or not? As a lawyer, I was stupid! The phone also angry, finally agreed on the phone: "the wire" appeal fee bill and two wire "announcement fee" bill scan to judge Xu Rongfei's mailbox.2012Years3Month30DayAfter the mail, and verified with a judge telephone, confirmation of receipt. However, after this still is helpless waiting for, still no news......

Here, I ended by once and judge Xu Rongfei over the phone in a word: a judge, if your friends and relatives encountered such a case, do you? The son died five years did not get an idea, have you considered their mood? You are a judge?

Please pay attention to, thanks!

             (the plaintiff)The appellant: Xu Xingyou telephone:13953851764

                                  A phone call:13805484812

                                    Two0In November 5th one or two

             The subsequent progress, see the "Qilu net" -- Qilu people. Link:

           Http://bbs.iqilu.com/thread-9874076-1-1.html