The civil retrial petition

The applicant (the second applicant):  Zhengzhou nature Automotive Services Limited because of the accident caused serious loss of defunct, address: Zhengzhou city Jinshui District Jinshui Road26Henan Hotel2No.2Floor.

The original legal representative: Li Yuxi      Posts: Chairman of the board of directors

The respondent (second applicant): Ma Xinmin, female, hui,1960Years2Month2Day was born, lives in the Central Plains region Niu Zhai two street in Zhengzhou City10Attached1No..

The respondent (the second respondent): Wang Doujun, male, the Han nationality,1965Years11Month13Born in Yiyang County, Henan Province Cultural Road, Chengguan Town experimental school courtyard.

The respondent (the second respondent): Li Qingxia, female, the Han nationality,1965Years9Month3Born in Yiyang County, Henan Province Cultural Road, Chengguan Town experimental school courtyard.

The respondent:  Zhengzhou Tingjin Food Co., Ltd., located in Zhengzhou City District: two seven Ma Zhai zhen.

Legal representative: Zhang Baitao      Posts: Chairman of the board of directors

The respondent:  Sunshine Property Insurance Limited by Share Ltd Henan branch, address: five Zhengzhou Road, weft18No..

Legal representative: Li Changwen      Position: General Manager

Respondent: Zhou Ying, male, the Han nationality,1953Years11Month23Day of birth, the Republican Street Central Plains District of Zhengzhou City10No.3Unit10No...

The applicant for the Zhengzhou City Intermediate People's Court (2011Zheng Miner with the word no.)90Civil judgement and the Central Plains District of Zhengzhou City People's Court (2010Republic of China at the beginning of a word first)1268Against the civil judgement, the application for retrial. 

Requests:

1Revoked (, please2011Zheng Miner with the word no.)90Civil judgement and the Central Plains District of Zhengzhou City People's Court (2010Republic of China at the beginning of a word first)1268Number of civil judgment, the judgment shall be amended according to the request of an applicant to apply for, dismiss the civil compensation lawsuit request.

2A second trial, litigation costs, by the applicant.

The facts and reasons: 

A, a judgment ascertaining the facts wrong.

(a), a judgment directly adopted Traffic and patrol police two Brigade made[2010]Article00207Affirmation of traffic accident identification number, applicant all accident responsibility is wrong.

In fact, when a traffic accident occurs, the respondent Wang Doujun, daughter of Li Qingxia Wang Bing is a former college Zhengzhou Financial College, is a higher education students, pedestrian traffic crossroads should comply with, of the people's Republic of China "Road Safety Act" which is All the world knows. And the respondent's daughter Wang Bing in the road crossroads at night20.10The pedestrian crossings is red, is Wang Bing in violation of "red light caused the traffic accident traffic safety law" occurred, regulations sixty-second to implement the provisions of the law on road traffic safety in China: pedestrians through the intersection or crossing the road, should be in accordance with the traffic lights. Therefore, the daughter of Wang Bing on the night across the road, not in accordance with the traffic lights are the main reasons of the accidents, the fault lies with the victim Wang Bing, should be in whole or in part, for the accident. In a second instance procedure, the applicant has submitted to the court the relevant evidence and defense, appeal. But, the court of second instance in the judgment did not mention a word, nor do the actual investigation and verification on the negative, went straight to adopt Traffic and patrol police two Brigade made mistake No.00207Affirmation of traffic accident identification number, applicant bear full responsibility for the accident, is obviously wrong.

(two) a second instance judgment, the owner and driver in the case of the accident vehicle jointly liable for compensation, is how much? No clear their commitment%Proportion, should be corrected.

The applicant and the driver although the Department of employment relationship, but the parties directly accident in the case is the driver and Wang Bing ran through the red light, but not the owners of the applicant, according to the basic law "who is at fault and who will bear the responsibility", the driver and Wang Bing shall bear full responsibility and economic responsibility for the accident, the driver without ability payment on the basis of economic advance, by the employer driver, afterwards by the driver pay to the employer. The Henan Provincial Higher People's Court on the employer's liability, obligations helper liability for damages in cases of traffic accidents in the application of article1Article3Provision: "the right to compensation only charged the vehicle owner or one of the motor vehicle driver, the people's court shall apply to the compensation for the right interpretation of the other party shall participate in the proceedings of the necessity, after explanation, still insist on not to sue the other party, deemed to waive the claim, the people's the court should respect the choice of the parties and specify the parties. In the judgment of responsibility only according to the facts ascertained, prosecution of compensation for the right of the party should bear the responsibility share of compensation can be identified, insist not to prosecute the other party shall be liable for the share not ruling. In this case the respondent has and the driver a "criminal" the book understanding that has reached a compensation agreement, you should not to prosecute the applicant, shall be dismissed the case the respondent Wang Doujun, Li Qingxia sue.

Two, a second trial, procedural law.

(a), the respondent in the Central Plains District of Zhengzhou City People's Court of criminal judgment (2010In the sentence) at the beginning of the word no.353Judgement No., has been with the defendant driver Zhou Ying an a civil compensation agreement, the kings army, Li Qingxia2010Years6Month3Japan issued a "criminal understanding book" requirements of the driver Zhou Ying an commutation of punishment. The civil compensation has ended, the respondent to bring a civil action is a violation of the principle of non bis in idem, is repeated prosecution, shall be rejected by the applicant's claim in accordance with the law.

(two), the case the driver of the criminal judgment (2010In the sentence) at the beginning of the word no.353Sign and date the judgment is2010Years6Month18Day, the Central Plains District Court to the applicant notice (the burden of proof2010Republic of China at the beginning of a word first)1268The date is No.2010Years6Month3Day, the respondent Wang Doujun, Li Qingxia in the criminal cases not even before the end of civil lawsuit is a clear violation of the "criminal case first" principle, it shall dismiss Wang Doujun, Li Qingxia sue.

Error three, a second trial, the applicable law.

In the court investigation, in a second: new evidence provided by the applicant (the victim Wang Bing in the video recording why no mention of the red light), a, the court of second instance obviously do illegal judgment.

A second instance judgment, shall bear all responsibility for the accident, the victim does not assume any responsibility, is a serious mistake, is to identify the mistakes of fact and application of law.

Four, a second trial, the compensation for mental injury solatium800000Element has no legal basis for.

The applicant in the traffic accident occurred since the date, has been active and the respondent to coordinate all kinds of relations of active treatment after everything, because the applicant has been unreasonable demands, until the prosecution to the court. The people in the accident on the night of Zhou Ying has by the public security organs of two traffic police brigade detention, and the respondent and the judgments of the inconsistent with the facts, from the applicant employee driver accident caused the victim's death, caused severe damage to their relatives, but after all the traffic accident belongs to the accident, the driver no willful damage behavior, and the driver is so traffic accident by the law driving license revoked, be punished according to the criminal responsibility (sentences). In criminal cases is no compensation for the spirit of the law and the judicial interpretation clearly defined, a second trial, clearly illegal, please be corrected in the retrial.

To sum up, the one or two trial of the facts wrong, erroneous application of the law, the illegal procedure. Please revoked when (in the retrial2011Zheng Miner with the word no.)90Civil judgement and the Central Plains District of Zhengzhou City People's Court (2010Republic of China at the beginning of a word first)1268Number of civil judgment, the judgment shall be amended according to the respondent, rejected the demand for civil compensation litigation request, safeguard the lawful rights and interests of the applicant.                                                                                                               

Yours sincerely 

The Henan Provincial Higher People's court 

                               Applicant: Zhengzhou nature

Automobile Service Co. Ltd.     

2011Years 6Month2Day