The court extended the period of limitation of action case

According to China court reports:

34 years ago, the collective labor accidental disability Cun Wei Hui to ultra limitation exclusions

The Nantong intermediate people's court sentenced the village committee responsibility 70%

Authors: Gu Jianbing a hundred small 34 years ago, a CAI in a collective labor accidentally lost his right arm, constantly asked for is disabled after living care after the failed, Cai Mouyi paper indictment villagers Committee on the court.

Recently, the Jiangsu province Nantong City Intermediate People's Court on the compensation for personal injury disputes to the final judgment, the defendant Rudong a villagers committee to compensate the plaintiff Cai Mou is crippled by labor injury caused by the economic loss of 70% or 124257 yuan, and the plaintiff in the CAI Mou provides installation prosthetic effective bill within 30 days after the compensation which 70%, the maximum compensation for the 6 time.

In October 10, 1978, the original Rudong County People's commune estuary seven battalion sixth production team members to notify Chae production team Da Chang threshing rice, had just turned 16 years old Cai Mou is assigned to feed rice in threshing machine. After working for a whole day, production team leader demanded continuing operation. The next day morning 4 when make, a CAI in operation accidentally right arm together with rice straw together into threshing machine. Seriously injured, Cai Mou after being rushed to the hospital, do the right arm amputation operation, the production team paid all medical expenses.

After that, the production team every year according to the same labour to Cai Mou Hutchison workers, as the injured lose labor ability loss allowance. In 1982, due to the adjustment of national policy, the rural system reform, implementation of the household contract responsibility system, but Cai Mou enjoy treatment is therefore not available, by the local civil affairs departments every year to give its some difficult allowance, and the original treatment difference is very big, family life in trouble. In the meantime, Cai Mou uninterrupted responsible to the villagers committee people reflect the situation, asked to give disabled after Fei Zhaogu on business life, but it has not been practical solution.

In March 21st this year, Cai Mou to Rudong county court proceedings, request the villagers committee compensation for the injury caused by the economic loss, and apply for the grade of disability, limb configuration of judicial authentication or consulting.

According to Cai's application, Rudong County Court judicial identification mechanism of CAI Mou disability levels were identified, Cai Mou is classified as four class disable. Accordingly, Cai MOU will claim explicitly for villagers committee compensation, disability compensation for mental injury solatium, prosthesis installation fees, appraisal fees totaling more than 44 yuan.

On the court, the defendant argued that the plaintiff's claim of the villagers committee, has exceeded the statutory limitation of action, the compensation for damage has at the time of the accident process, to dismiss the plaintiff's claim.

Court that, Cai Mou the evidence to prove the basic fact injured. The consequences of damage occurs, the law, civil policy has no specific provisions, shall be handled by the general principles of the civil law provisions. The damage in the accident, the production team in the organization of threshing rice during the operation, the degree of risk machinery on high-speed operation of the possible lack of understanding, lack of safety consciousness of basic, in that man can conquer nature time, ignore the physical limits of natural person, resulting in a CAI in too fatigue situation was inadvertently thresher v. the loss of his right arm, shall bear civil liability. At the same time, Cai Mou at the time of the loss has reached the age of sixteen, and to their own labor income to maintain the people's living level, can be regarded as a person with full capacity for civil conduct, its participation in the process of operation has certain risk, should do to the attention obligations, should bear corresponding civil liability for damages. Occurrence. Looking at the two sides have played the role of the damage, civil liability that CAI for some 30% of the villagers committee shall bear civil liability, 70%.

From CAI to exercise their litigation claim statutory limitation on look, Cai Mou damage accident occurred in the "general rule of the civil law" before the implementation of China's "Cultural Revolution", was near the end, is in a special period of bring order out of chaos, business to be undertaken, civil legislation is not perfect. Although Cai sometime today to bring compensation request, has exceeded the maximum protection statute of limitations for 20 years. But during this period, Cai Mou uninterrupted exercise of disability compensation rights, while the villagers committee has not refused to clear obligations. At the same time, the damage occurred in the ordinary people, almost no cognitive concept of install artificial limb, therefore subject to extend the limitation of action conditions, the CAI's compensation request support.

Court of the first instance verdict, the defendant Wei will compensate the plaintiff Cai Mou is crippled by labor injury caused by the economic loss of 70% or 124257 yuan, and to provide compensation within 30 days after the prosthetic effective note 70% of the plaintiff, the maximum compensation for 6 times.

After the verdict, the original, the defendant both sides appealed, the appeal to the Nantong intermediate people's court.

Trial court that the trial that the facts are clear, correctly applies the law, legal proceedings, in accordance with the law shall be maintained, then dismissed the appeal, upheld the.

■ line judge ■

In this case the extension of limitation is more in line with the legislative intent

The general principles of the civil law the 137th regulation, the limitation of action from knows or should know that his rights have been infringed upon. However, since the infringement has more than twenty years, the people's court shall not protect. There are special circumstances, the people's court may extend the limitation of action. The Supreme People's court "on the implementation of 'problems of civil law of the people's Republic' opinion (Trial)" the provisions of article 169th, the right people because of objective obstacles cannot the statutory limitation exercise the right of request, special case belongs to the general principles of the civil law the 137th regulation "".

According to the case of first instance judge Chen Chuxin introduced, in this case, although the infringed right Cai from October 11, 1978, to March 21, 2012 when the prosecution has been more than 20 years, but in this case in the implementation of the general principles of the civil law, at the time of China's civil legislation is not perfect, is in a special age bring order out of chaos, business to be undertaken, Cai's damage is when our society special rights and obligations of the main subjects of labor relations, because of the adjustment of national policies, the CAI Mou cannot continue to receive financial compensation, but the CAI Mou never give up the right to. At the same time, a CAI in the common people to install artificial limb and beyond recognition, the court applied the Supreme People's court "on the implementation of 'problems of civil law of the people's Republic' opinion (Trial)" the provisions of article 169th, extended the limitation, apparently met the legislative intent of the general principles of the civil law article 137th.

Source: People's court