Liu Jiang east incident recrudesce billows, last year September, in bright Buddhist nun Su Da's disturbance just goes, nowadays, party offerred civil suit to him again.
This second, party accused Liu Jiang character imprisonment of East Africa law, civil encroach, beat up reach a gender to invade or beat up wait for 6 accusation, and Xiang Liujiang east 50 thousand dollar of claim for compensation.
Because Liu is strong east the case involves criminal lawsuit, civil suit two sides issue, the thing happens, have a way 365 enterprises young aide contacted us instantly the expert that punishment civilian across, lawsuit and other controversy solve, congratulant lawyer!
Enterprise young aide raised a few questions about this case to congratulant lawyer, she looks to be opposite in light of the view of this thing!
1
This second accusation, those who be aimed at is Liu Jiang east the event that will produce September last year, the thing has gone half an year became much, OK still to lodge a complaint?
Congratulant lawyer: Above all we want to decide, this second Liu is strong east it is the accused that serves as civil suit, by to lodge a complaint. We should make clear a concept above all, cry " applicable law " .
Be in our country, the code of civil law applies to the civil suit that has inside domain of People's Republic of China to the regulation of litigant effectiveness for a given period of time. For instance, liu Jiangdongben second the civil suit that involve belongs to civil tort lawsuit. And set according to our country law, " civil code general principles " after applying (on October 1, 2017) calculative just begins during litigant effectiveness for a given period of time, the litigant effectiveness for a given period of time of civil suit is tort 3 years. Know from obligee or ought to know damage to kill and calculate since the day of obligor.
But Liu Jiang east this event that produces in the United States, accept by American court, and the relevant law of applicable United States. The litigant effectiveness for a given period of time of every American city may be different, but be in a year commonly, so this lawsuit should not exceed litigant time.
2
American criminal lawsuit is before, now is civil suit of the United States, can be these two kinds of lawsuit initiated to a person at the same time? If can, do you feel why did this female undergraduate pass so long just sue Liu Jiang east?
Congratulant lawyer: Above all the answer is affirmation. And, be in the United States, the flow of civil suit wants than criminal lawsuit many complex.
Before, american check just make do not mention the decision that criminal accuses. But this does not mean Liu Jiang east do not need to assume civil tort responsibility. The legal provision of our country also is such. Final Liu Jiang east whether ought to assume civil responsibility, the ability after the judgement that passes civil suit even leaves final conclusion.
Why to arrive as to female undergraduate now just to lodge a complaint. Can so say, lawsuit is the family's influence, want to be inside litigant effectiveness for a given period of time only, the someone is willing when to be carried when to carry.
3
So, if this thing happens in home, what is the distinction of civil suit and criminal lawsuit?
Congratulant lawyer: This problem arises a little involved range is a little wide, but also be everybody's easy and promiscuous place really.
Simple for, civil suit is understandable be bilateral party is equality. Examine limits to include person authority and money property right of course two parts. From the point of assumed result civil suit does not involve responsibility for an offence.
Basically include: (1) stops enroach on; (2) eliminates to hamper; (3) eliminates risk; (4) is returned return property; (5) is restorable; (6) is repaired, re-act, change; (7) recoups a loss; (8) pays penalty due to breach of contract; (9) removes an effect, restore reputation; (10) makes an apology.
And the party of criminal lawsuit is bilateral: The national judiciary that just is exercise state authority (public security, procuratorate) , one party is the accused person (guilty suspect, convict) . Here involves guilty concept. From the point of consequence, want to accept criminal to punish.
Will look at present, this this female undergraduate can be striven for, the likelihood is to make an apology, be out of pocket.
4
This Liu Jiang east by lawsuit, whether must want to go to the United States sessional?
Congratulant lawyer: Liu Jiang east whether should go to the United States sessional, want to speak of 2 law noun above all, be called " administer " and " law is applicable " . That is to say, this thing this national court is in charge of by which, should national law is examined according to which.
Actually, should appeal to, since right also is compulsory. It is not evildoing certainly. Contrary, it gave the accused a contradictory right, conduce to make a thorough investigation of fact.
A lot of people are in when encountering civil suit, often think this thing and I have nothing to do, what perhaps think accuser says is truthless. Think the court is met naturally thereby redress the scales, I need not manage he. But just of this kind of idea is the greatest risk place.
The court is independent adjudgement orgnaization only, the judge is not a god. What the judge examines factual basis is the allegation of former defendant both sides and submit evidence, through the quote of former defendant both sides qualitative card discerns true bogus, make a thorough investigation of fact.
If the accused abandoned contradictory right, and the judge cannot make a thorough investigation of through other way again fact, will tell to the accused is very adverse.
5
Female undergraduate sues Beijing east with Liu Jiang east, this kind of individual incident, is civil suit OK does conveniently sue a company?
Congratulant lawyer: Above all, beijing east belong legal person, liu Jiang east belong a natural person, and be Beijing the legal representative east.
We want to know: Legal person makes tort principal part likely. But specific arrive a case is medium, legal person should be denied assume responsibility, want divisional and particular case. Will tell normally, because corporative legal representative or staff member carry out the tort behavior that functionary place carries out in management activity,damaging a result ought to be and cause.
If corporative legal representative or staff member send a person to damage because of carrying out the behavior that with its business activity has nothing to do, the tort behavior that perhaps carries out with individual name purely, criterion legal person is right do not assume civil responsibility, its responsibility should be assumed by the behavior person of executive tort behavior.
Will look with this, I think this, beijing east should not assume responsibility.
6
Liu Jiang east the lawyer has weighed the other side " devoid fact basis " , do you feel follow-up to toward which respect the case may develop?
Congratulant lawyer: Everybody makes a statement to be able to stand on his footing for certain: Accuser can put forward to be helpful for the view of oneself, the accused can put forward to be helpful for the counterplea of oneself. Final, still should lean " real hammer into shape " .
Current, we can see in the network accuser put forward 6 accusation. But, we still cannot see the evidence of party both sides. Follow-up, publish the evidence that both sides submits likely also in succession as development of front courtyard careful, we pay close attention to continuously again ~
