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First of all, you can appeal to the Law Enforcement Supervision Committee of the Municipal Traffic Police Detachment, and if there is no result, you can file an administrative lawsuit with the court for procedural violations, requesting the revocation of the liability determination, and you are very likely to win the lawsuit, even if the responsibility determination is issued again, the content may be beneficial to you.
Secondly, if the other party files a civil lawsuit, the judge will not divide the responsibility only based on the determination of liability, I think that in this case, the parents of the other party did not fulfill their guardianship duties, and the children should not play on the motorway, and it is estimated that the final result may be that you and the other party are liable according to 7:3 or 6:4.
Third, if the other party sues, it is recommended to actively respond to the lawsuit, let the law give justice, and also show respect for the law.
The reply to what you added is as follows: I believe you are telling the truth, but the traffic laws are like that, and of course you will be held liable for violating them. In addition, if the other party sues, the judgment requires you to pay compensation within a certain period of time, and if you do not pay, the court can enforce it, take measures such as seizing your property and bank account, ** account, etc., and may detain you if necessary.
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Aren't there non-motorized lanes on your way home? If you try to save trouble, then you will be in big trouble.
If you don't pay in the end, the child's parents may appeal to the court, and if you lose the case, you won't be able to pay the money because the court has the power to enforce it.
However, if a child is injured while playing on the road, his or her guardian is also responsible.
You can try to mediate with them.
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It should be your entire responsibility, but if you don't have the money, you can't help it.
If you need it, you can click on my user profile, **Contact for answers.
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Road Traffic Safety Law of the People's Republic of China 2Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China3Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability, 4
Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Criminal Cases Involving Traffic Accidents" 5"Traffic Police Road Duty Law Enforcement Work Specification" 6Regulations on Compulsory Insurance of Motor Vehicle Traffic Accident Liability 7
Motor Vehicle Registration Regulations" 8"Provisions on Procedures for Handling Road Traffic Accidents" 9Is there anything you don't understand about the "Regulations for the Implementation of the Road Traffic Safety Law of the People's Republic of China"?
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Traffic regulations, the full name of the Road Traffic Safety Law of the People's Republic of China, are laws and regulations formulated to maintain road traffic order, prevent and reduce traffic accidents, protect personal safety, protect the property safety and other legitimate rights and interests of citizens, legal persons and other organizations, and improve the efficiency of road traffic. It was amended and adopted by the Fifth Session of the Standing Committee of the Tenth National People's Congress on October 28, 2003, and came into force on May 1, 2004. Legal basis:
Regulations on the Application and Use of Motor Vehicle Driver's License》 Article 3 The vehicle management office shall follow the principles of strictness, openness, fairness and convenience in handling the business of motor vehicle driver's license. The vehicle management office handling the business of motor vehicle driver's license shall accept the applicant's application in accordance with the law and review the materials submitted by the applicant. For those who meet the requirements, apply for a driver's license for the motor vehicle in accordance with the prescribed standards, procedures and time limits.
Where the application materials are incomplete or do not conform to the legally-prescribed form, the applicant shall be informed in writing of all the contents that need to be supplemented and corrected at one time. Where the conditions are not met, the reasons shall be notified in writing. **Before the judgment, the plaintiff may apply to the court to withdraw the lawsuit.
Legal basis: Article 143 of the Civil Procedure Law of the People's Republic of China Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves the court without the court's permission, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia. Article 145:Where the plaintiff applies to withdraw the lawsuit before the judgment is announced, the people's court is to rule on whether to allow it.
Where the people's court rules not to allow the withdrawal of the lawsuit, and the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, a judgment may be rendered in absentia. (1) The basic endowment insurance premium paid by the enterprise shall be based on the sum of the wages paid by all employees, and the payment ratio shall be 20%; (2) The basic endowment insurance premiums paid by individual employees shall be based on their salary in the previous month, and the payment ratio shall be 8%. The wages of employees shall be determined in accordance with the items included in the total wage statistics as prescribed by the national statistical department.
The part of the employee's salary in the previous month exceeding 300% of the average monthly salary of the employee on the job in the previous year shall not be included in the payment base. If the employee's salary in the previous month is lower than 60% of the average monthly salary of the employee on the job in the previous year, the payment base shall be calculated according to 60%. Legal basis:
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Lu Zhishen punched Zhen Guanxi to commit no crime, Zhen Guanxi is so bad, forcibly occupy women, Lu Zhishen punished evil and promoted good, and the big fist of the casserole killed him, how happy.
However, in a modern society under the rule of law, whoever gives Lu Zhishen the right to enforce the law will give your uncle the right to beat people. From a legal point of view, if A hits someone while driving a motorcycle without a license, it is not even a traffic accident crime, because the condition for filing a traffic accident crime is that a major accident occurs, resulting in serious injury or death. Therefore, a at most administrative detention plus civil compensation.
Your uncle is different, the crime of intentional injury, fortunately, the minor injury can be adjusted, and the serious injury will be directly sentenced.
Back to the subject's question, the little hooligan hit someone, and he didn't have to run away because he was fully responsible, and your uncle didn't have to run away if he deliberately injured him.
What's wrong with your uncle beating someone, the law gives everyone the right to life and health, your rights have been violated, and the judicial organs will do justice for you, and you can't do without law enforcement powers, and you can't retaliate with a tooth for a tooth. If you think that a tooth for a tooth should be protected by the law, then the phenomenon of black eating black will be protected by the law, and it will bring great turmoil to society.
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Legal Analysis: Traffic regulations are mainly focused on the Road Traffic Safety Law of the People's Republic of China, and there are multiple regulations to regulate traffic safety. The regulations and regulations on traffic safety are formulated in accordance with the Road Traffic Safety Law of the People's Republic of China.
Legal basis: Road Traffic Safety Law of the People's Republic of China Article 1 This Law is enacted in order to maintain road traffic order, prevent and reduce traffic accidents, protect personal safety, protect the property safety and other legitimate rights and interests of citizens, legal persons and other organizations, and improve traffic efficiency.
Provisions on Administrative Law Enforcement Procedures for Transportation》 Article 1 Socks In order to standardize the administrative law enforcement of transportation, promote strict, standardized, fair and civilized law enforcement, and protect the legitimate rights and interests of citizens, legal persons and other disorderly organizations, these provisions are formulated in accordance with the Administrative Punishment Law of the People's Republic of China, the Administrative Compulsory Law of the People's Republic of China and other laws and administrative regulations.
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The basic principles of road traffic laws and regulations are the principle of management according to law and the principle of convenience for the masses, even if the principle of macro and source of the people, that is, you are required to bear legal responsibility for illegal law enforcement.
Article 133 of the Criminal Law: Whoever violates the regulations on the management of sheltered transportation, thereby causing a major accident, causing serious injury or death, or causing major losses to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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Handling of traffic violations in traffic laws and regulations: (caught by the traffic police) 1. Running a red light, 6 points will be deducted, and a fine of 100 yuan will be imposed. 2. If you are drunk and driving, you will not be allowed to get a driver's license again within 5 years.
3. If you don't wear a seat belt, you will be deducted 3 points and fined 100 yuan. 4. If the co-driver does not wear a seat belt, 1 point will be deducted and a fine of 50 yuan will be imposed. 5. If you call your mobile phone while driving, you will be fined 3 points and fined 100 yuan.
6. Smoking while driving will be deducted 1 point and fined 100 yuan. 7. Intentionally covering the license plate, 12 points will be deducted, and the maximum penalty will be imposed.
Article 133 of the Criminal Law Whoever violates traffic and transportation management regulations, thereby causing a major accident, causing serious injury or death, or causing major damage to public or private property, shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention; Whoever escapes after causing a traffic accident or has other special and heinous circumstances is to be sentenced to fixed-term imprisonment of not less than three years but not more than seven years; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.
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