Can 57 men die without a driver s license, can they be sentenced? Is the compensation for the deceas

1. It depends on the content of the letter of responsibility determined by the traffic police, if the person is fully or mainly responsible for the accident, he shall be sentenced to fixed-term imprisonment of less than three years or criminal detention;

2. Compensation is of course divided into agricultural and non-agricultural.

Criminal Law of the People's Republic of China

Article 133 stipulates that whoever violates traffic and transportation management regulations and thus causes a major accident, causing serious injury or death to a person 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, a sentence of between three and seven years imprisonment is to be given; Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

The 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 a person who causes a traffic accident shall be sentenced to fixed-term imprisonment of not more than three years or short-term detention under any of the following circumstances:

1) Where one person is killed or three or more persons are seriously injured, and the person bears full or primary responsibility for the accident;

2) Where three or more people are killed, they bear equal responsibility 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 the amount of 300,000 yuan or more.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases

Article 29.

Death compensation shall be calculated over a period of 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year at the location of the court where the lawsuit is filed. However, if the age is over 60 years old, the age shall be reduced by one year for each additional year; Those over the age of 75 are counted as five years.

Undocumented, less than three years. Compensation is, of course, divided into agricultural and non-agricultural. It is advisable to appoint a lawyer**.

Your question is that if you don't have a driver's license, you hit and kill 57 people, or if you hit a 57-year-old man, as long as you are a normal person between the ages of 16 and 75, and you don't have a driver's license, you can meet the basic constituent elements of the crime of causing a traffic accident, and you can be sentenced to about 3 years, but the premise is that the victim is not at fault and intentional, and he did not hit it by himself and violated traffic rules, and the compensation standard is that the other party or the insurance company must want to compensate you according to the rural standard The practice in each place is still different What I know is that if you live in the city for more than one year or meet some basic conditions, you can be compensated according to the city's standards, and some will ask a good lawyer to help, if you pay according to the city's standards, it can help you get more compensation, and you can pay for a little expense for others.

According to Article 133 of the Criminal Law, violations of traffic and transportation management regulations, resulting in serious occurrences.

Major accidents that cause serious injury or death, or cause major losses to public or private property.

sentenced to up to three years imprisonment or short-term detention; Hit-and-run after a traffic accident or.

and where there are other especially heinous circumstances, a sentence of between three and seven years imprisonment is to be given.

Whoever causes death as a result of escape shall be sentenced to fixed-term imprisonment of not less than seven years.

One article shall be added after Article 133 as Article 133-1:

Driving a motor vehicle on the road to chase a race, the circumstances are aggravated, or on the road.

Whoever drives a motor vehicle while intoxicated shall be sentenced to short-term detention and a concurrent fine.

Where the conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment.

Conviction and punishment. ”

According to the above law, if you do not have a driver's license and hit and kill someone, you will definitely be sentenced to prison, and the deceased will be compensated for the rural and urban household registration.

Driving without a license, the full responsibility of Ken Xiangchen must be you, admit your mistake seriously, and actively deal with this accident, according to the subject matter of Jiangsu, 57 men, light death compensation: 450,000, or funeral expenses, raising grandchildren (to the parents of the deceased), lost work expenses for family members, and mental damage expenses for the death of spouses. At least 550,000 yuan, you have to pay more out of humanitarianism, and because you are undocumented, you can be sentenced criminally, be positive.

If you don't have a driver's license, it's hard to say, and now you can be held accountable for leniency, and it is possible to sentence you to be sensible.

It is necessary to provide evidence of living and working in the city for one year (such as rental contract, labor contract, temporary residence permit, witness testimony, etc.), and if it is a rural household registration, but it is a landless farmer who has been demolished and relocated, some areas can also be compensated according to the urban standard.

You can pay compensation according to the standard of urban residents, and if you do not have a temporary residence permit in the city, you must have a labor contract signed with the employer, a certificate of payment of social insurance (pension pooling), and a certificate of payment of medical insurance.

If the deceased has worked in the town for more than one year, compensation may be made in accordance with the standards of the town.

Proof of more than one year of part-time employment, such as salary schedule, business license of the employer, etc.

If you can go to the neighborhood committee and other places to issue a certificate, or you can compensate according to the urban standard, you can add the following QQ to discuss in detail.

More than one year.

As long as it is on non-farm income.

According to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, it should be based on the place of household registration.

It is still according to the rural household registration, but whether the deceased had a job or signed a labor contract before his death, or whether he had a job and the relevant certificate issued by the employer are the basis for increasing the compensation!

It is still compensated according to the rural household registration.

There is no relationship between the hukou of the super rooted husband and wife.

Article 37: In the case of unplanned births, unplanned birth fees shall be levied in accordance with regulations, and shall be handled by the township people**, the sub-district office or the unit to which they belong in accordance with the following provisions:

1) If the urban population exceeds the family planning by 1 child, in addition to the unplanned birth fee levied on both husband and wife according to the standards prescribed by the provincial people, if they belong to cadres and employees, their wages will be reduced by 10 to 20 per month for 10 years, which shall be supervised and implemented by the people's family planning administrative department at or above the county level; Within 5 years, no promotion, promotion, promotion to professional and technical positions, recruitment, transfer, or evaluation as advanced, and no bonuses (except for scientific and technological achievement awards, creation and invention awards, and special contribution awards) and living difficulties subsidies shall be issued within 5 years, and the housing area shall not be increased within 5 years, and administrative sanctions up to dismissal shall be given.

2) If a farmer has more than one child planned for the family, in addition to the unplanned birth fee levied on both husband and wife according to the standards prescribed by the provincial people, they shall not be arranged to work in township or village-run enterprises within 5 years, shall not be converted to non-agricultural household registration, shall not be allocated to homesteads, and shall not enjoy other collective benefits.

3) If a private entrepreneur or an individual industrial and commercial household has more than one child, the unplanned birth fee shall be levied heavily according to the standard prescribed by the provincial people.

4) If two or more children are born in excess of the child, the unplanned birth fee for the first one child shall be doubled.

5) Where the provisions of paragraph 2 of Article 8 of these Regulations are violated by giving birth to a second child before the interval is reached, as well as giving birth to a child before reaching the legal age for marriage, or giving birth in other illegal marriages, an unplanned birth fee is levied on the basis of giving birth to one child in excess of the child; Those who belong to cadres and employees shall not be paid wages during the maternity leave, shall not enjoy the welfare benefits related to childbirth, and shall bear all expenses such as pregnancy and childbirth.

6) Where bigamy is born, the unplanned birth fee shall be doubled, and criminal responsibility shall be pursued in accordance with law for bigamy.

7) Where a child is adopted in violation of the "Adoption Law of the People's Republic of China", it shall be handled in accordance with the provisions on exceeding the family planning of one child.

It has nothing to do with the account.

Fines are required for overbirth.

If either of the parties has a public office, they will also be given certain sanctions.

If there is no public office, only a fine needs to be paid.

Quite simply, the man is punished according to the urban income, and the woman is punished according to the rural income, and the two are added together.

Not necessarily. You can live in a town and live in a town.

Guangdong lawyer Hu:

This depends on the standard of local traffic compensation.

The crux of the question is whether the city where the deceased lived habitually and habitually. Article 5 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China stipulates that a citizen's habitual residence refers to the place where the citizen has resided continuously for more than one year from the time he leaves his or her place of residence to the time of filing a lawsuit. However, this does not apply to places where citizens are hospitalized.

If you end up agreeing on these key points, you might use the city standard, because there is a precedent. It depends on the level of the landlord's lawyer.

The people do not sue, the officials do not prosecute, as long as they can negotiate with the family of the deceased, everything will be easy to do.

The person concerned has a driver's license, which is a must; There is no driver's license. Article 91 The traffic management department of the public security organ shall determine the responsibility of the parties to the traffic accident according to the role played by the behavior of the parties involved in the traffic accident and the severity of the fault.

Generally, the traffic police will determine the responsibility before the good deeds are dealt with first. If the parties cannot reach an agreement, it can be resolved through the court.

Well, the day before yesterday there was evidence to prove the dead and injured, and there was proof that they had lived and worked in the city for more than one year, such as temporary residence permits, labor contracts, social security certificates, and so on.

In the same traffic accident, if an urban resident and a rural resident are injured, the rural resident may make a claim in accordance with the standards for urban residents.

Lawyer Chang Yong.