Civil / Xiao Yuepeng
On September 2, 2018 before dawn 4 when the left and right sides, some shale brickyard produces county of Hunan Shao in relief mouth of a cave one case accident, workingwoman Zhang Yang of 38 years old (alias) decline accidentally when side of the plane that sift sand works die.
After the family member hears the news, gather in Shi Jiang to press down hospital nip cadaver to beg view, armed committee member of I and town politics and law, police station is long wait for urgent composition one case temporarily the working group undertakes intercessory.
Mediation is chaired by committee member of politics and law, I basically am in charge of legal policy explanation and the thought work that do bilateral party. Take a seat one by one as everybody, the form that I discovered to one is familiar with in the dead's family member -- Liu Wei.
I and land Wei Yi Shiyi are friendly, in furtive circumstance, I am willing to call him more " master " , he is the director of institute of service of law of one domestic discipline exercised by the head of a feudal household, having more than 20 years hold already check, the attorney that he regards the dead's family member as special authorization today comes to the spot, I know we will launch the debate of a give tit for tat.
Mediation is met on, liu Wei stated a point of view on behalf of the dead's family member: This case ought to be gone by labour the accident undertakes qualitative. Because unit of choose and employ persons does not have promising worker to buy labour to die,be sure, so ought to by unit of choose and employ persons namely brickyard assumes corresponding compensation. " byelaw of inductrial injury insurance " have specific provision, one-time project is gone grant-in-aid is 20 times what average per capita of dweller of town of whole nation of on one year can control income, this is countrywide uniform standard, without district difference, amount is 727920 yuan. Additional, the dead makes offerings to 6 people of relative, according to legal provision, the dead's spouse enjoys pension to be the dead before one's death 40% of average income, other relative is 30% . Calculate by 20 years, make offerings to pension also wants 720 thousand yuan at least. The mental anguish that loses a dear one considering the dead's family member and mortuary charge, tall not low, in all seek redress 2 million yuan.
Liu Wei's speech is in perfect order, it seems that leakproof, the person that can see this he is deep know well. But from mediation angle looks, this compensation specified amount that he says is spent apparent too tall.
Hear this compensation amount, brickyard boss says a little helplessly: "I am right of the case qualitative did not disagree, agree to consult project is gone the accident undertakes compensatory. But brickyard just start working still does not have a month, had not generated profit, brickyard can compensate for 500 thousand yuan at most, the hope is moved appoint the meeting can be impartially processing. The hope is moved appoint the meeting can be impartially processing..
This kind of project is gone compensatory dispute, the focus of bilateral controversy and key are the psychology that whether can indemnity reach bilateral party anticipates. When the everybody that should be present feels mental exhaustion, intercessory group decides to adopt " carry pair of backs on the back " means undertakes intercessory.
Afternoon, the marital Peng Xi that we find Liu Wei and Zhang Yang (alias) . The shoulder that I am laughing at to pat Liu Wei says: "Land director is in this respect is old skilled person, I must learn ability travel to you more. Just I also contacted brickyard there, they put forward at 2 o'clock view: It is to agree with one-time labour to die the standard of grant-in-aid, funeral expenses. Two 2 sons that are the person that agree with checkmate serve as person be makinged offerings to, but object the parents Peng Xi and dead, little brother that has intellective obstacle serving as person be makinged offerings to, how do you look to this? How do you look to this??
Liu Wei's head shakes so that resemble rattle-drum, say self-confidently: "This is impossible, what I say have a law to be able to be depended on. What I say have a law to be able to be depended on..
I am right of Liu Wei refute have preparation early. I say then: "According to relevant file regulation, should label the dead's relative pension of computation of person be makinged offerings to, ought to affirm the dead's relative has two requirements at the same time: The first, the main source of income of relative be makinged offerings to is by the dead before one's death of the burden. The 2nd, person be makinged offerings to does not have source of income. Person be makinged offerings to does not have source of income..
Liu Wei kept silent. I continue to say: "Marital Peng of Zhang Yang is fond of, although be by authoritative hospital diagnose liver is sclerotic, through appraisal, can be to lose labor ability by the proof, but in fact, peng Xi works in brickyard, have nearly 3000 yuan of income every months, 500 bull pig still was raised in the home, how can this explain Peng is fond of main source of income to rely on Zhang Yang? Little brother Zhang Ying of Zhang Yang (alias) although have intellective obstacle, but did not lose labor ability completely, zhang Ying still helps in Zhang Yang's farm, the pay that get, cannot be labelled to make offerings to likewise relative. Zhang Yang has 3 sister younger brother, the life that also proves her parents without sufficient evidence at present basically originates Zhang Yang. The life that also proves her parents without sufficient evidence at present basically originates Zhang Yang..
My word hit logistic crucial point of Liu Wei as expected. I am clear, the dead's relative trusts highly to him, I captured he, be equal to do the thought work that told family members.
Liu Wei was sucked greatly at a heat, quite a while did not talk. A long time, he goes up in paper with the pen brush away a few: "We this is mediation, either in the give tit for tat on the court. Mediation, can undertake negotiation inside the frame that law allows. Pension this thing, still basically set out from humanitarian, consider much point for the dead's family member as far as possible. This nods original intention, it is everybody should importunate principle. It is everybody should importunate principle..
His this word says, I was accepted basically with respect to the point of view that knows me, the one happy event in the heart. I say to Peng Xi again: "Law nothing more than favor, although you mix Laopeng,your brother-in-law cannot be labelled be made offerings to relative, but your farther-in-law mother-in-law year the work is expensive already, two sons are minor still, I suggest to might as well consult the is expended alive by bring up life standard computation in traffic accident is highest fixed number of year (20 years of) . Aggregate rise the amount of whole compensation is in 950 thousand yuan probably, you consult, go back discuss. Go back discuss..
While I talk, liu Wei is being calculated with the pen all the time the data that I say, wait for me to say, he also calculates almost, the amount that says with me as a result differs not quite. Peng Xi also delivers the view at this moment to Liu Wei, land Wei forced smile: "At a draught of cut so much appeal to beg, my actuating pressure is very great! " if hearing him, I loosened at a heat, the engage in a battle of this bout and land Wei ended.
The course is successive a few days of a few rounds thoughts work, zhang Yang's family member agrees to appeal to compensation beg to surrender is low go to 900 thousand yuan, and the compensation that brickyard boss shows to be willing to assume 800 thousand yuan. Still have 100 thousand yuan difference, but do not calculate big. At the moment armed committee member of politics and law appears personally again, put forward both sides to fold again therein: 850 thousand end a case.
Too much twists and turns was not experienced later, final compensatory number also decided case to be in 850 thousand yuan. I am taking the people that has printed to mediate agreement, guide party signs in turn and pressed fingerprint, a project is gone accident compensation dispute is dissolved by people mediation appropriate eventually.
People adjuster elegant demeanour
Xiao Yuepeng, currently hold the post ofShao Yang chairman of committee of mediation of people of town of river of stone of county of city mouth of a cave, director of institute of judicatory of river of stone of bureau of judicatory of county of mouth of a cave. Be engaged in people mediating the job 6 years, mediate contradictory dispute more than 300, mediation is led successfully 99% . Ever was awarded " county of mouth of a cave adjuster of 10 beautiful people " title, win commendation of government of people of county of mouth of a cave.
