15 days 9 when make, tang Hui appeals to always state city service teachs appoint work education administration compensates for one case, greet final judgment to adjudicate. Senior people court adjudges Hunan Province: Cancel always the first instance court decision that court of state city intermediate people makes, city service teachs You Yongzhou appoint Xiang Tanghui pays the compensation that violates person freedom, spirit to damage solatium 2641.15 yuan.
Look in partial law expert, the court decision of Hunan Province tall courtyard is reformed to driving fatigue to teach a system, reveal judicatory justice, safeguarded judicatory justice to have positive effect.
Adjudge
15 days of morning, come from domestic and international tens of home media gather in Hunan Province tall courtyard, wait " Tang Hui case " final judgment court decision.
Before this, the Tang Hui that first instance loses a lawsuit puts forward to appeal, to Hunan Province tall courtyard requests: Cancel always the first instance court decision of court of state city intermediate people, requirement always state city service teachs appoint pay the compensation that violates person freedom, spirit to damage solatium to her in all 2463.85 yuan, face of hand-in-hand running hand apologizes.
Hunan Province tall courtyard goes out in judgment middle finger, "Look from the fact that find out, tang Hui disturbs badly for many times national office and society are normal order, should assume corresponding legal responsibility lawfully " , "Always state city service teachs appoint with cancel (fatigue teachs a decision) reason is to stem from humanitarian consideration, the decision does not grant to comthe best selling north face shirtspensate for, do not have at the law according to " .
Hunan Province tall courtyard thinks, "Always state city service teachs appoint the work education decision to Tang Hui does not have legal effectiveness since the day that make, the education of 9 days of work that has implemented to Tang Hui lost legal basis, tang Hui has the right that acquires national compensation, its ask always state city service teachs appoint the litigant request of the compensation that according to day of worker of the year on the country average wage offers his to violate person freedom, should grant to support lawfully " .
Judgment still points out, "Tang Hui's behavior has illegal sex, ought to assume corresponding legal responsibility, city service teachs Dan Yongzhou appoint the special case that did not consider Tang Hui and its family integratedly, implemented work education to Tang Hui, processing means is apparently undeserved, to its spirit was caused damage certainly. Accordingly, tang Hui asks to make an apology and pay spirit to damage the lawsuit of solatium to request, take into consideration the circumstances can grant to support " .
Accordingly, hunan Province tall courtyard enters a judgement: Cancel always court of state city intermediate people adjudicates to the first instance of this case; Cancel always state city service teachs appoint the decision that does not grant to compensate for to Tang Hui; City service teachs You Yongzhou appoint compensate for Tang Hui to be restricted person is free compensation of 9 days 1641.15 yuan; City service teachs You Yongzhou appoint Xiang Tanghui pays spirit to damage solatium 1000 yuan.
But put forward to Tang Hui always state city service teachs appoint to her written the request that make an apology, hunan Province tall courtyard does not give support. Hunan Province tall courtyard thinks, whether must make an apology with written form, law does not have regulation of proclaimed in writing. In careful of 2 careful front courtyard, always state city service teachs appoint when the legal representative makes fatigue teach a decision, did not consider " Tang Hui's daughter is still minor, and body and mind is harmed badly, need the situation such as special custody " , " humanitarian care is inadequate " , " processing means is undeserved " , xiang Tanghui makes an apology, reason is right this lawsuit request can regard Tang Hui as to had been fulfilled.
Front courtyard argue
This cspring poolase gets attention of social all circles fully, result from experience of Tang Hui blazing.
7 years ago, always the city happens one case " 11 years old young female be forced walk the street case " . As the victim's mother, tang Hui undertook appealing for help for years.
June 2012, hunan Province tall courtyard is right " always city 11 years old young female be forced walk the street case " make final judgment ruling: Sentence capital punishment of two the accused, life imprisonment of 4 the accused, set term of imprisonment of a the accused 15 years.
At the beginning of August 2012, always state city service teachs appoint the decision works to Tang Hui breeding 1 year 6 0 months, reason is " Tang Hui is disturbed social order for many times, after be being punished by administration still not repentant, continue willfully make a trouble, be troubled by visit, tangle visit, disturbed badly unit order and social order " .
brass faucetOn August 7, 2012, tang Hui teachs to Hunan Province fatigue appoint can offer the written application that reconsider. On August 10, hunan Province fbrass faucetatigue teachs appoint the decision cancels lawfully always state city service teachs appoint teach a decision to Tang Hui's fatigue.
Later, tang Hui asks with respect to be related be teachinged by fatigue the country is compensated for, but application out of court.
At the beginning of this year, court of intermediate people of Xiang Yongzhou city puts forward Tang Hui sue, requirement always state city service teachs appoint undertake to oneself with respect to fatigue teaching economy is compensated for, written make an apology.
On April 12, tang Hui first instance loses a lawsuit, she refuses to obey, to Hunan Province tall courtyard puts forward to appeal.
Hunan Province tall courtyard hears Tang Hui's appeal, and on July 2 open a court session is tried, controversy focus is awatch caseslways state city service teachs appoint make do not grant to compensate for a decision to whether have fact and legal basis. In front courtyard careful, both sides launchs a debate.
Tang Hui just thinks first instance adjudicates not clear, evidence is not worth cognizance fact. Always state city service teachs appoint fact of lack of fatigue teaching decision and legal basis, and already was taught by Hunan Province fatigue appoint cancel, "Cancel " the illegal sex that affirmed its fatigue teachs a decision namely. And, one adjudgement refers to Tang Hui definitely, the evidence that bilateral existence damages of major dispute about spirit, did not undertake attestation, the program breaks the law.
Acting lawyer points out Tang Hui, tang Hui is sued be not without fact and legal basis, but original judgement is applicable " top people court compensates for a case about trying admithe best spring poolnistration the regulation of a certain number of problems " the litigant request that thirtieth rejects Tang Hui 3 times, applicable law is wrong.
Always state city service teachs appoint one party undertakes contradictory: Tang Hui is really disturbed nationafree watch casel office and society are normal order, and this one illegal fact already was taught by Hunan Province fatigue appoint the administrative decision that reconsider is affirmed, should reconsider a decision to had produced legal effectiveness.
They still think, hunan Province fatigue teachs appoint in the decision that reconsider " have not grow up in view of Tang Hui's daughter, and body and mind is harmed badly, need the situation such as special custody, have admonitory, education lawfully to Tang Hui mornorton internet antiviruse appropriate, need not grant to work breeding " maintain, explain Hunan Province fatigue teachs appoint cancel always state city service teachs appoint teach a decision to Tang Hui's fatigue, it is the humanitarian consideration that stems from pair of Tang Hui's daughters, is not the illegal sex that is based on fatigue to teach a decision.
Meaning
After final judgment ends, acting lawyer Xu Liping of Tang Hui thinks, to Tang Hui, this also calculates a belated to comfort.
The Tang Hui humor that walks out of a court became good many. She " still can accept to this result. " she tells a reporter, "What I think is drive away everything from brain, let oneself return normal life at an early date. Let oneself return normal life at an early date..
Always director of public security of state city deputy mayor, city, always state city service teachs appoint legal representative Jiang Jianxiang expresses, can obedient court adjudicates, fulfill forensic court decision actively. He hopes Tang Hui can return normal life at this point, if her family has what difficulty on the life, can put forward to public security bureau of government of local Party committee, city, place can give them a sufficient consideration.
Look in expert of law group share, case of whole Tang Hui and final judgment court decision have his distinctive meaning.
Xiangtan university law teachs Ni Hongtao to be evaluated, tang Hui administration compensates for lawsuit in 2 careful program, scrupulously abide by to program of front courtyard careful and discipline, the legal representative appears in court should appeal to and the attitude of open cognizance, have can encircle the part that can order. Especthe best selling watch casesially of Tang Hui win out, make people saw judicatory should have some judicial power and error correction capacity originally, this kind is opposite of just bottom line the cornerstone that standing fast is social progress and hope place.
Ma Huaide of chairman of seminar of Chinese administration law thinks, pass through Tang Hui case just about, cause whole society to teach a system the attention of reform to fatigue, also promoted relevant judicatory reform.
Ma Huaide tells a reporter, adjudicate this, demonstrative court understands correctly and faithful carried out a country to compensate for a law, stood fwatch case openerast legal bottom line, safeguarded legal honor, let " Tang Hui people " felt fair justice.
He expresses, tang Hui and fatigue teach appoint engage in a lawsuit, win out with Tanghui finally, having good demonstrative sense, such court decision lets public right force think over: Be aimed at the person tthe most popular selling norton internet antivirushat appeal for help, cannot reoccupy fatigue teachs a method dimension temporarily firm, and should beg with law thinking grow to be installed for a long time. (Xinhua News Agency stalks of grain only) (reporter Zhou Nan, Tan Jian)
