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Recently, there was a report that Tianjin University of Foreign Studies Chinese used cement to seal off the stray animal hideout on campus. When the wall was opened, a dead dog was found. In the early morning of the 28th, Tianjin University of Foreign Chinese responded that according to the preliminary judgment of **, the dog has been dead for a long time, not the previous netizen claimed that it was "sealed in the basement".
What happened: Tianjin University of Foreign Chinese was exposed by netizens that when the school was repairing basements and other facilities, it used cement to block part of the small exits of the basement facing the street, in order to avoid teachers and students from being frightened and injured by cats and dogs that suddenly burst out. The school's official Weibo post said that the school has reserved a one-sided exit for stray cats and dogs that have not been adopted.
This also aroused the doubts and anger of some netizens, saying that it was precisely because the school blocked the hiding places of stray cats and dogs that the death of the dog.
In the early morning of the 28th, the official Weibo of Tianjin University of Foreign Chinese responded that on the afternoon of May 27, people from outside the school came to our school to forcibly demolish and smash the school building.
After negotiation, the personnel outside the school personally investigated, and the one-sided exit of the basement reserved by the school could reach the blocked exit, and at the same time, a fibrotic stray dog carcass was found.
According to the preliminary judgment of **, the dog has been dead for a long time, and it is not the previous netizen who claimed that it was "sealed in the basement", and the off-campus personnel agreed. Subsequently, after confirming that there were no animals in the basement, in order to prevent stray cats and dogs from entering again, the school blocked all exits from the basement.
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If the death is caused by the school, the school is fully responsible; If the student dies unexpectedly, the school generally only has a small amount of money for comfort, and most of it still relies on accident insurance money. You can consult a lawyer or go to the legal advice bar to post an inquiry.
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On the evening of July 6, a sophomore female student at Tianjin Polytechnic Normal University died unnaturally on campus. According to the school's report, the forensic investigation of the female student was suicide. The father of the suspected deceased spoke out on Weibo, questioning the cause of death.
It is understood that the deceased's name is Zhang Xinyu, a native of Lingbi County, Anhui Province, who is a sophomore student at the School of Mechanical Engineering of Tianjin Vocational and Technical Normal University.
On the evening of July 7th,The school issued a briefing"At about 21:30 on July 6, 2017, a female student from the School of Mechanical Engineering of our university was found to have died unnaturally in the school.
It was forensically examined as a suicide
However, it is suspectedFather of the deceased@雨泉居士发微博Expressed skepticism。@雨泉居士在微博中写到: "The scene was cleaned in time, the camera was selective, ** not out of knots, the school was characterized as suicide, two strangulation marks on the neck were very deep, there were patches of wounds on the body, 15 circles of iron chains had no blood marks, 1.5 meters tall committed suicide on the 1.2 meter 2 toilet hanging ditch?"
At present, ** has been involved in the investigation.
The child has left, but we must give the child's family a conclusive and credible statement, and we should implement the questions questioned by the child's father and give an explanation to the parents.
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It depends on whether the school is at fault or not. For example, if it is a school group that returns to the school and the traffic accident is related to the school's organizational error, then the school should be responsible. Of course, if the school is not at fault, then of course there is no responsibility.
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Hello, I am also a law student.
First, this situation cannot be interpreted as robbery (robbery is the act of forcibly taking away public or private property from the owner or custodian of property on the spot for the purpose of illegal possession. Therefore, robbery entails violating your property relations and personal relationships. )。
Second, for this kind of off-campus third-party infringement, the off-campus third party must be the main bearer of liability, but for the school, it is equipped with security and monitoring, but fails to fulfill its management and security obligations, and should bear the corresponding compensation liability.
However, as a student, this part still requires courage and some energy to strive for.
Hope it helps.
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The school has improper security measures, and there is a certain amount of responsibility, and some compensation may be given. You need to fight for it.
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According to the laws of our country, the school has the obligation to ensure the safety of students' property in the process of managing the student dormitory. To this end, all colleges and universities are establishing and improving the student dormitory management system, designating functional departments to be responsible for management, and equipping the dormitory buildings (districts) with necessary management personnel. In addition, the school should also take necessary security measures in the student dormitory, such as installing protective fences on the windows of the student dormitory, installing anti-theft locks on the doors, etc.
It can be said that the school has an obligation to create a good and safe dormitory environment for students. If the school fails to fulfill its obligations and the student's property is infringed, the school should bear certain responsibilities. The school may be exempted from liability in whole or to a certain extent for damage to the student's property caused by the student's own negligence or force majeure after the school has fulfilled its obligations.
Therefore, if the school is to be compensated, there must be evidence to prove that the school has been negligent in its due diligence.
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In March 2010, Anhui Institute of Engineering Science and Technology was renamed Anhui Polytechnic University. In fact, it is the former Anhui Institute of Mechanical and Electrical Engineering.
Relatively speaking, people are more familiar with Anhui Institute of Mechanical and Electrical Engineering.
It is not as fast as Anhui University of Technology and Anhui University of Science and Technology.
Now, the president of the university is Liu Ning.
It seems that there are many new initiatives to build a teaching and research university that is well-known in China, first-class in the province, and has distinctive characteristics.
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Anhui Polytechnic University was the earliest School of Mechanical and Electrical Engineering, later called Anhui Institute of Engineering Science and Technology, mainly engineering, mechanical, automation, vehicle majors are very good, employment is also very good, in addition to civil engineering, textile, biochemistry and other majors are also very good, the score line of popular majors is close to one, graduates in the industry praise is also very good, in addition to the school environment is very good, the campus is as beautiful as a garden.
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Each school has its own advantages, otherwise it will not last until now, Anhui Polytechnic University is an engineering-based school, of course, engineering majors are relatively good, the campus environment is also good, is a good place.
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My school, the school infrastructure is a little poor, the canteen, the dormitory conditions are not very good, but the school style is not bad, the middle level of the second book,
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Anhui Polytechnic University is in Hefei, the location is quite good, the environment is also very good, the dormitories are air-conditioned, and it is a C9 university.
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This is a moral issue, and the school will not deal with it if it has not violated the law.
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I don't understand it, please explain it clearly.
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Will the school take care of this, it probably won't take care of it.
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Whether the injured party has issued a letter of understanding and whether the perpetrator has been sentenced is not necessarily related, and the letter of understanding is only one of the options for consideration that can be mitigated, not the option that must be considered lightly.
According to the provisions of article 133 of the Criminal Code, three different punishment levels (sentencing scales) are prescribed for the crime of causing traffic accidents:
Whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or short-term detention. Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years. Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than 7 years (in the minority sentenced to 15 years).
There was a major accident.
1. Whoever violates traffic and transportation management regulations, resulting in 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 criminal detention.
The so-called "occurrence of a major accident" here, according to Article 2, Paragraph 1 of the Interpretation, refers to one of the following circumstances:
1) One person is killed or three or more people are seriously injured, and the person bears full or primary responsibility for the accident;
2) If there are three or more deaths, the same responsibility for the accident shall be borne by the same person;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for the amount of 300,000 yuan or more.
Paragraph 2 of Article 2 of the Interpretation stipulates that if a traffic accident causes serious injury to more than one person, and bears all or the main responsibility for the accident, and has any of the following circumstances, it shall be convicted and punished as the crime of traffic accident:
1) Driving a motor vehicle after drinking alcohol or taking drugs;
2) Driving a motor vehicle without driving qualifications;
3) Knowingly driving a motor vehicle with incomplete safety devices or malfunctioning safety components;
4) Knowingly driving a motor vehicle without a license or has been scrapped;
5) Driving with serious overload;
6) Fleeing the scene of an accident in order to evade legal prosecution.
Other particularly egregious circumstances.
Other particularly heinous circumstances refer to any of the following circumstances:
1) If there are more than 2 deaths or more than 5 serious injuries, the person shall be fully or mainly responsible for the accident;
2) 6 or more people are killed and are equally responsible for the accident;
3) Causing direct damage to public property or other people's property, bearing full or primary responsibility for the accident, and being unable to compensate for more than 600,000 yuan.
According to the provisions of Article 133 of the Criminal Law, whoever commits the crime of causing a traffic accident shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention; Where a person escapes after causing a traffic accident or has other especially heinous circumstances, he shall be sentenced to fixed-term imprisonment of not less than 3 years but not more than 7 years.
Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than 7 years (in the minority sentenced to 15 years).
Article 6: Where, after causing a traffic accident, in order to evade legal prosecution, the perpetrator hides or abandons the victim after taking the victim away from the scene of the accident, causing the victim to die or be seriously disabled because he cannot receive assistance, he shall be convicted and punished as the crime of intentional homicide or intentional injury in accordance with the provisions of Criminal Law article 232 and paragraph 2 of article 234, respectively.
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Where the driver of the traffic accident actively compensates and obtains the forgiveness of the injured party, it may be used as the basis for statutory mitigating punishment, and where the compensation is not forgiven, a lighter punishment may also be given at the discretion. The specific sentencing standards are to be determined by the people's courts in accordance with law on the basis of the specific circumstances, but may actively strive for a suspended sentence.
2014 Supreme People's Court Sentencing Guiding Opinions on Common Crimes (Fa Fa [2013] No. 14, issued on December 23, 2013, effective January 1, 2014) III. Application of Common Sentencing Circumstances:
9 Where the victim is actively compensated for economic losses and forgiveness is obtained, the base sentence may be reduced by up to 40 based on comprehensive consideration of circumstances such as the nature of the crime, the amount of compensation, the ability to compensate, and the degree of admission of guilt and remorse; Where positive compensation is made but forgiveness is not obtained, the base sentence may be reduced by up to 30.
The 2000 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 stipulates that: 1. Where the crime of causing a traffic accident is constituted, the starting sentence may be determined within the corresponding range according to the following different circumstances:
1) Where serious injury or death is caused, or major losses are caused to public or private property, the starting sentence may be determined within the range of up to two years imprisonment or short-term detention.
2) Where there is an escape after a traffic accident or there are other especially heinous circumstances, the starting sentence may be determined within the range of 3 to 5 years imprisonment.
3) Where the death of one person is caused by escape, the starting sentence may be determined within the range of 7 to 10 years imprisonment.
2. On the basis of the starting sentence, the sentence may be increased to determine the base sentence on the basis of responsibility for the accident, the number of people who caused serious injury or death, or the amount of property damage, as well as other facts of the crime that impact the establishment of the crime, such as escape.
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Abandoning the car and leaving the scene can be understood as a hit-and-run! There's room for that! If the victim does not understand with the need to sentence for the crime of traffic accident!
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According to the above description of the accident, as long as the driver is found to be primarily responsible for the accident or more, the driver is likely to be sentenced to actual imprisonment.
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1. If it constitutes an escape, if the main responsibility for the accident is above, it is estimated that the sentence is more than three years and less than seven years, if the compensation matter is not properly resolved and the other party does not understand, it shall generally be sentenced to actual punishment, otherwise it may be sentenced to 3 years imprisonment with a suspended sentence.
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Hello: If the driver who caused the accident has no criminal record and can confess his guilt and actively compensate, the court may impose a suspended sentence.
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It does not constitute a crime of endangering public safety. The death penalty does not apply. As you stated. It should not be sentenced to death.
Let's take an example.
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Traditional way of lifting.
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