Public interest litigation rights Ji'nan 3 nameless victims awarded 550 thousand
source: Ji'nan daily
"we are dealing with a charred car crash to die anonymous. The criminal responsibility of the case is concluded, and the relevant judicial authentication is being carried out, and the civil public interest litigation can be entered after the identification of the knot. Order. " Zhang Long, director of the people's Bank branch of Tianqiao Procuratorate, told reporters today that this is the fourth public interest lawsuit filed by the procuratorial organ of our city for anonymity. Reporters learned that public interest litigation is in the ascendant in our city. In the first 3 cases, 550 thousand yuan of compensation was waiting for the relatives of the deceased to claim.
before, some cases of the death of anonymous, because the identity of the deceased was difficult to determine, no civil claim was claimed, and the case was often unsettled. In order to change the phenomenon of the collision and death of anonymous, the life dignity of anonymous and the rights of social disadvantaged groups should be helped. Since last year, the procuratorial organs of our city have actively explored the public interest litigation for anonymous.
in January 22nd last year, Chen drove a heavy duty truck from north to south along the 104 National Road and collided with an anonymous man walking east to west. The Traffic Police Department identified Chen to bear the main responsibility for the accident. The prosecutors of the Tianqiao District procuratorate seek legal basis in order to help the anonymous power, and finally, according to the fifteenth acts of civil procedure law, "organs, social organizations, enterprises and institutions against the civil rights and interests of the state, collective or individual, can support the damaged units or individuals to the people's court." In the form of supervision and prosecution, the provisions of procuratorial organs are issued to the Civil Affairs Bureau of Tianqiao District, and it is suggested that the civil affairs department take action against behalf of anonymous.
some people questioned the civil affairs department as the subject of litigation. Zhang Long believes that the civil affairs department is responsible for the rescue duties of nameless wanderers. Such assistance not only includes providing protection for the life of nameless wanderers, but also providing legal assistance for nameless wanderers after personal injury. Therefore, the Civil Affairs Department, as a state administrative agency for the management of relief and public welfare undertakings, should file a civil claim for the injured unidentified person.
in May 27th of the same year, when the Civil Affairs Bureau of Tianqiao District, on behalf of the plaintiff, brought an incidental civil action to the court of Tianqiao District in accordance with the law, the Tianqiao procuratorate also issued a support complaint to the court of Tianqiao District. In August 25th, after mediation by the court, the defendant Chen and the defendant in the court of Tianqiao District, the defendant, had a one-time compensation for the death of the victim and the burial fee of 350 thousand yuan.
before, the public prosecution department of the Pingyin County procuratorate has handled the whole public public interest lawsuit in the city, for an indemnity of 80 thousand yuan for a victim of the traffic accident. In May this year, an anonymous person was smashed in the demolition of housing. Tianqiao procuratorate once again urged the civil affairs department to initiate a public interest litigation, and successfully won 120 thousand yuan compensation for anonymous. In all 3 cases, a total of 550 thousand yuan of compensation has been deposited in the special account. According to the relevant regulations, if the civil affairs department is contacted with the victim's relatives within 5 years, the compensation fee will be transferred to their relatives, or the State Treasury will be turned over to the state treasury.