How does the two sides take responsibility for compensation?

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 How does the two sides take responsibility for compensation?


At 10:10 on October 28, a No. 22 bus in Wanzhou District of Chongqing was driving to the Second Yangtze River Bridge in Wanzhou, when it suddenly crossed the central solid line, hit the normal car opposite and rushed onto the road edge, broke the guardrail and fell into the river.

As of press release, rescue workers have recovered 13 bodies of the victims. The cause of the bus crash has also been identified, which is caused by the assault between passenger Liu Mou and driver Ran Mou, causing the vehicle to lose control, causing the vehicle to crash into the river after colliding with the car traveling normally in the opposite direction, causing heavy casualties.

Although it was reported that the bus was out of control due to the assault between two people, the public questioned the difficulty of rescue, the psychological state of both sides and whether they were suspected of committing a crime. In this regard, the journalists conducted in-depth investigations and interviewed experts and scholars in relevant fields.

Complicated water is difficult to dive.

Quickly, the scheme of salvaging the falling vehicle out of the water is put out through three steps: first, locating the falling vehicle accurately; second, organizing divers to tie and fix the vehicle under the river to prepare for lifting operation; third, using floating crane to lift the vehicle.

At 6:00 on October 29, more than 70 rescue vessels arrived at the accident surface to carry out rescue; multi-beam sonar and three-dimensional side-scan sonar arrived at the scene to carry out vehicle search and positioning; 15 divers were on standby at the scene, and relevant diving equipment would be in place one after another; and several floating crane boats arrived at the accident site to stand by.

Because of complex waters and deep water, search and rescue work is far more difficult than imagined. However, some unidentified netizens have doubts about this.

Zhou Dongrong, captain of the rescue engineering fleet of Shanghai Salvage Bureau of the Ministry of Transport, said that due to the presence of dangerous gas and large-scale equipment, it was not suitable for air transportation. These specialized equipment was transported from Shanghai to Wanzhou in the shortest time with the full cooperation of the traffic management department of the road network.

At 23 hours in October 29th, all submersible equipment had arrived at the pier.

The difficulties are more than that. According to Zhou Dongrong, it is difficult to find the specific location of the bus because of the fast falling speed of the bus, the influence of the additional water flow and the deeper River water. After detecting the location of the bus through multi-beam scanning instruments and underwater robots, it is found that the water depth is about 73 meters (the pressure is 7.3 times higher than the standard atmospheric pressure).

Usually more than 60 meters of water depth is the limit of air diving. Professional helium-oxygen diving technology is needed. Before diving, the proportion of helium and oxygen used by divers to breathe should be allocated according to the actual water depth. A slight careless diver will be in danger of life. Zhou Dongrong said.

At the same time, the previous survey found that the underwater environment is complex, including rocks, steel structures, fishing nets and turbulence and other risk factors. The underwater visible range of divers is only 1 to 2 square meters, and diving operation is extremely difficult.

At 6:48 on October 30th, the divers began to work underwater. But the divers found that all the windows of the bus windows were broken, and there was a cliff in front of the car. The divers entered the bus to search for the remains of the victims. In addition, the bus video surveillance recorder has complex structure and needs to be salvaged before it can be dismantled by professionals.

The rescue is the most difficult one since the Three Gorges reservoir has been impounded. On the morning of October 31, the joint inter-ministerial working group led by the Ministry of Emergency Management and the field command pointed out that, compared with ships, the bus target is too small to accurately locate; the second is that the operation mode is complex and time-consuming because of the deep water; the third is that the underwater terrain is complex and there are many disturbances; and the fourth is to mobilize resources and respond to multi-departments. We need multiple types of rescue teams to cooperate with us.

Despite the difficulties of rescue, the whole rescue operation is still in an orderly manner.

Up to now, rescuers have recovered 13 bodies of the victims and identified their identity. At present, the rehabilitation work is being carried out in an orderly way.

High emotional state dominates melee behavior.

After the accident, the public security organs visited four passengers who got off before the accident, and synthesized the previous investigation and visits, and verified each other with the extracted vehicle internal video surveillance, restoring the situation at the time of the accident.

Because of road maintenance, No. 22 bus no longer passes through the destination of passenger Liu Mou. Driver Ran Mou also reminds passengers of this in time. However, when Liu arrived near his destination, he forced Ran to stop. After that, two people argued and fought each other, causing the vehicle to lose control.

What is the psychological state of the two sides during the incident? Are they aware of the danger of their actions?

According to Tong Xin, secretary-general of Chongqing Association of Psychological Counselors, both Liu and Ran were in a high emotional state when the incident happened. At this time, emotions dominated their actions.

First of all, we see that female passenger Liu Mou is 48 years old, this age is female menopause, may lead to her emotional instability and irritability. In addition, inferring from her behavior, she may be a person who pays more attention to her needs, and may be stronger in ordinary life. If the needs are not met, emotions will easily erupt and aggressive behavior will occur. Tong Xin said.

When it comes to the psychological state of bus driver Ran Mou, Tong Xin believes that Ran Mou may think that he has fulfilled his duty of reminding him to get off the bus and that he has no fault. Therefore, when attacked by female passengers, he will feel aggrieved and angry, and then his emotions will erupt, which will lead to anti-aggressive behavior.

In this accident, more than ten innocent passengers also fell to the river and died because of their illegal activities. What kind of mentality did they have at that time?

Tong Xin believes that the other passengerspsychological state at that time should be the mentality of conformity and wait-and-see. No one in the group comes out to stop them. I will not come out. In addition, people are concerned about their emotional state and aggressive behavior, out of a sense of self-protection, and do not want to bring trouble to themselves.

Another reason is that most passengers on buses may have no driving experience and no effective assessment of the risk of disputes between them until the tragedy happens. Tong Xin said.

The two sides suspected of committing a crime of melee.

According to Hu Gongqun, a tutor of masters degree students at the Law School of Beijing Business University, the crime of endangering public safety by dangerous means is a general offence, which means that the perpetrator infringes on the life, health or safety of major public and private property of an unspecified majority of people. Therefore, as long as the behavior of the perpetrator is enough to endanger public safety, it constitutes a crime. The object of this kind of crime is public security, which is objectively manifested in various acts that endanger public security. It is significantly different from the crimes of homicide, injury, robbery and theft, which infringe on personal rights. The crime of endangering public security includes the crime of causing casualties to the unspecified majority or causing public and private property. The extent and extent of casualties and losses suffered from heavy losses are often unpredictable.

Hu Jian, an associate professor at the Law School of Anhui University of Finance and Economics, said that buses are a public place with frequent mobility of people. The safety of buses is related to the safety of life and property of people who are not specific. From the objective behavior analysis, in this case, the driver Ran Mou was driving a bus. The driving safety of the vehicle involved the personal safety of all the passengers at that time. However, the passenger Liu Mou and the driver Ran Mou had an assault with each other, resulting in the vehicle out of control, resulting in the collision between the vehicle and the car driving normally in the opposite direction and crashing into the river, causing heavy casualties. As the direct cause of the accident was the assault between passenger Liu Mou and driver Ran Mou, which resulted in the loss of control of the vehicle, the two men were suspected of endangering public safety by dangerous means.

Ding Shengming, an associate professor of criminal law at Southwest University of Political Science and Law, believes that the crime of endangering public safety by dangerous means is stipulated in Article 114 and Paragraph 1 of Article 115 of the Criminal Law. Generally speaking, the 114th is dangerous offense, and the 115th is the real offender.

Similarly, as a bus driver, it has the obligation of driving smoothly and protecting passengers safety. When encountering brutal passengers, they should stop at the first time, evict passengers from the car or call the police to deal with them. In this case, although the passengers are the first to start, the driver should be aware of the high danger of fighting with others in the drivers seat. Therefore, the drivers behavior constitutes a dangerous method of endangering public safety crime is also no problem. Ding Shengming said.

In addition, Ding Shengming also mentioned another possibility. If a driver intentionally slants the steering wheel when he encounters a savage passenger and causes a traffic accident, it should be entirely attributed to the driver, who in principle does not have to bear criminal responsibility for the result of the accident. However, if the passengers previous behavior itself is already highly dangerous, it is still possible to establish the crime of endangering public safety by dangerous means in accordance with Article 114 of the Criminal Law.

The criminal procedure law stipulates that the death of a criminal suspect shall not be investigated for criminal responsibility.

In recent years, similar disputes between passengers and bus drivers have been seen in the media. How can such accidents be avoided?

Cheng Dean, a member of Chongqing Municipal Consultative Conference and professor of Southwest University of Political Science and Law, told the Legal Daily that such conflicts were either stopped in time or fortunately did not lead to major accidents. So when it comes to such matters, the public is mostly staying in the public opinion condemnation, but in fact, the understanding of the existing public hazards is not in place.

The serious casualties caused by the Wanzhou bus crash sounded an alarm to the public. The public should know clearly that this kind of behavior is not only condemned, but also likely to cause serious accidents, and will probably bear corresponding criminal responsibility. Therefore, the relevant legal publicity and education for citizens need to be improved and promoted. Cheng Dean said.

How to claim the families of the victims?

Passengers and drivers involved in criminal offences, how should the families of the victims bring civil compensation?

According to Article 34 of the Tort Liability Law, the employing unit shall bear tort liability if its staff members cause damage to others due to their work tasks. In addition, passenger Liu Mou should also bear part of the liability for compensation, compensation should be carried out within the scope of his personal heritage. Industrial and Commercial University Of Chongqing law school Dr.

In addition, insurance compensation may also be involved in the case. In response, Cao Xingquan, a professor at the School of Civil and Commercial Law of Southwest University of Political Science and Law, said that if there is an effective insurance policy, such as personal injury insurance and life insurance, which is purchased by the passengers in distress by themselves or others, the beneficiary under the contract or the heir without the beneficiary under the contract can claim the insurance premium from the insurance company.

In terms of insurance purchased by a bus company, because the passenger is a passenger on the bus but not a third person, the family members of the passenger in distress may claim the insurance premium according to the valid driving insurance contract, provided that the bus company has purchased the driving insurance; if the liability insurance is purchased against other tort liability risks caused by possible infringement on the passenger in the operation of the vehicle, the passenger in distress will be killed. The family members may also claim insurance money from the insurance company according to the provisions of the contract and insurance law. However, since passengers are not third parties, there is no possibility of claiming insurance premium on the basis of compulsory compulsory insurance or commercial third party liability insurance. Cao Xingquan said.

Chongqing bus crash incident: Why did the bridge guardrail not stop?

The Chongqing Wanzhou Bus Falling Down the River incident, which has attracted much attention, has finally settled down: because of the fighting between female passengers and drivers, the vehicle runs out of control. For this accident, some netizens questioned why the bridge guardrail failed to stop the bus. Some experts interpret this.