In extensive networkChongqing on September 26th news ( reporter Wu Xinwei) reporter from the Chongqing city third branch was informed that recently ,the Institute to manufacture and drug trafficking crime ,criminal suspects ,Wu Ya Su Huaizhi and 13 prosecution .
The procuratorial organs identified: 42 year old Wu Ya ,nicknamed crow ,because once the theft two Huoxing ,imprisoned for 18 years .After release, he mustered a group of friends ,engaged in transport ,drug trafficking and other criminal activities .
By the end of 2008 ,Wu Ya and others suspected of drug money ,his idea of initiation precursor .At this time ,a man named Su Huaizhi approached the door .He is a well-known Chongqing food company mister ,worth millions .
He holds the precursor information ,to find Wu Ya ,claimed that the society is support dead bold ,starved to death timid .Wu Ya and Su Huaizhi fit in easily with .When the end of the year, two people made a special trip to Guangdong Dongguan ,find the polymer chemistry graduate Huo Fei ( female ) ,Wu Zhongdong ,invite them to participate together precursor ,and commitment: precursor is successful, will profit and into .
Two people followed Wu Ya to Chongqing ,in a rented houses began to use methamphetamine ephedrine production .In 2009 February, ice finally successful trial .However ,when Wu Zhongdong found the precursor will emit very strong pungent odor .
In order not to be found by the police, Wu Ya bought a van ,converted into a precursor flow plant .In March, Wu Ya and others open flow manufacturing car ,wearing protective clothing ,wearing gas masks ,in Chongqing Banan district a rental room began manufacturing ice .
The first was made in 10000 8 more than 1000 grams of a drug ,a week later and successfully produced 10000 6 more than 1000 grams .In April 18th the same year ,Wu Ya took about 6000000 in cash to buy raw ephedrine Chengdu ,when it encountered the police ,because the car is found in more than 30 grams of heroin while in custody .
Leaders were arrested, the remaining members but did not give up .They decided to move the battlefield ,and to the Fuling area rent house ,will poison the car over ,continue to indulge in such activities .
2010 August, Fuling District Public Security Bureau police station inspection of temporary residence permits ,in a Fuling area rental housing found manufacturing tools and methamphetamine ,Ma old powder suspicious items, so far ,the precursor form special ,involve a large number of personnel ,the amount of the drug amazing business case to the surface .
According to the investigation ,the gang from 2009 March to 2010 August official start of precursor ,was beaten by police dens ,making more than 150 grams of total drug .To share: welcome to comment I want to comment micro-blog recommended today micro-blog hot ( editors: SN021 ) married couple signed the agreement husband and wife ,later wife repeated domestic violence ,unbearable divorce .
After the huge compensation agreement effective ?This is the law issue ,recently had a precedent .After 3 years in the 3 trial ,garmin 5 inch gps,the Guangzhou City Intermediate People on related 400000 yuan compensation for divorce to retrial verdict .
Due to the presence of family violence court finally according to the agreement is greater than the fault, legal principle, judgment in accordance with the agreement of 400000 yuan of compensation for her husband .
Ms. A didn experience domestic violence ,although had signed the agreement husband and wife agreed compensation ,but in the lawsuit ,was liquidated damages amount has become the focus of .
Ms. A and Mr. Z in 2005 registration of marriage ,marriage, two people signed the agreement couple ,which reads: the husband and wife both parties through friendly consultations ,in equality ,voluntary premise ,the signing of this agreement .
The couple agreed in the common life, be loyal to one another ,mutual respect ,equality ,harmony ,safeguard civilized marriage and family relations ,family, spouse ,children, moral values and a sense of family responsibility .
Agreement stipulated explicitly as follows: first ,personal property :economic independent marriage ,renew period, both the salary ,bonus ,welfare ,production ,operating income of all individuals .
Two ,common property :using both the name to open a bank account for the total pipe joint property .Three ,debt :Premarital debts each bear ;married debt ,signed by both parties ,shared responsibility; unilateral signature ,signature alone by .
In four ,according to the marriage law stipulates that the forty-sixth :bigamy ,having a spouse cohabiting with another ,the implementation of domestic violence ,abuse and the desertion of one family member and other circumstances ,lead to divorce ,have the mistake side must pay compensation without fault ,the amount of a one-time payment of 400000 yuan .
400000 compensation exaggerated ?After marriage, Ms. A and Mr. Z because of economic problems occur frequently contradictory ,Mr. Z to Ms. Zhang moved several hand .In December 4, 2007, Mr.
Z A lady playing minor injuries .Mr. Z to be Guangzhou Yuexiu District court sentenced to crime of intentional injury surveillance for six months .Because of unbearable family violence ,Ms.
A finally asked for a divorce, and claims that Mr Z should be in accordance with the marital agreement agreement should pay 400000 yuan .In 2008, Guangzhou City, Yuexiu court of first instance thinks ,according to the marriage law of the PRC the forty-sixth regulation, the implementation of domestic violence led to the divorce ,the innocent party Youquan damages .
The man with the woman compensation .Due to the family violence involving personal relationship ,so considering the amount of compensation should be combined with the victim damages ,injuring party damage behavior ,injuring party property situation into consideration, and should not only to the two sides signed the agreement husband and wife shall prevail .
In this case, Ms. A most heavy one injury by the identification of composing a slight wound ,if fully in accordance with the agreement husband and wife agreed 400000 yuan compensation ,apparently with MS.
A damage effects ,Mr. Z damage behavior and the status of the property not to suit, also against personal injury and loss equivalent principle ,considering A lady actual injury ,Mr. Z damage behavior and the status of the property ,therefore ,as appropriate, ordered Mr.
Z compensation Ms. A damages of 50000 dollars ,granting two divorce .Retrial recognized marital agreement valid after judgment ,two average per capita to appeal to the Guangzhou intermediate people ,upheld the results obtained .
To this end, Ms. A to Guangdong Province procuratorate for protest ,Guangdong Province civil protest ,the Guangzhou intermediate people retrial of the case .In 2011, the Guangzhou City Intermediate People for retrial ,Mr Z and MS A in April 16, 2006 signed the agreement husband and wife ,the parties are the true meaning ,does not violate the national laws ,regulations of the mandatory provisions ,shall be deemed to be valid .
Both parties shall, in accordance with the contract to fulfill their respective rights and obligations .Secondly ,the Supreme People on the application of marriage law of the people interpretation of several issues ( a ) the twenty-eighth regulation: Marriage Law forty-sixth stipulation damages ,including material damages and compensation for moral damage .
Involving the spirit damage compensate ,Supreme People about determination civil right infringement spirit damage compensate responsibility to explain a number of problems of the relevant provisions .
From Mr. Z and MS. A signed the agreement husband and wife ,the two sides agreed to 400000 yuan compensation ,contains material damages and compensation for moral damage .The verdict will be 400000 yuan compensation for Jin Jun as compensation for spiritual damage ,then found excessive amounts ,biased .
In third ,Mr. Z to Ms. A repeated domestic violence ,has reached the level of criminal ,to Ms. A physical and mental health have caused serious damage ,even with the physical damage to the principle of profit and loss rather ,agreed 400000 yuan compensation is not obviously too high .
In fourth ,Mr. Z as a person with full capacity for civil conduct ,the agreement husband and wife agreed contents should be clear ,for breach of agreement should be foreseeable consequence responsibility ,to assume the compensation economic ability should be considered ,it should be their actions bear corresponding consequence liability .
In fifth ,Mr. Z in the second period ,were not on the amount of compensation is challenged, also did not put forward to adjust ,the judgment will be 400000 yuan compensation for 50000 yuan adjustment according to inadequate .
To sum up ,the retrial supports MS A claims 400000 yuan lawsuit .The judges commented damage compensation should include material and spirit of the Guangzhou City Intermediate People supervision tribunal judge the analysis thinks ,the focus of controversy is the couple agreed 400000 yuan of divorce damage compensation is too high ?This relates to the divorce fault compensation and how to determine the nature of the divorce fault compensation amount of questions .
The system of compensation for divorce damage is the foreign relative law generally set a system ,scanner for carsBorn 6 days baby abandoned might have been infected with HIV TV old brand Leroy heav,the French Civil Code ,the Swiss civil code ,the Mexico civil code ,all the provisions, aims to protect the injured party and the interests of the weak in marriage family law ,realize the justice principle in and support the protection of the weak principle .
China marriage law provisions of the domestic violence a need for damages ,which involves the spirit damage compensate ,Supreme People about determination civil right infringement spirit damage compensate responsibility to explain a number of problems of the relevant provisions .
It is explicitly stipulated in the law of divorce fault compensation case ,the parties have stipulated in the case can be directly used .Ms. A and Mr. Z has been previously agreed in the agreement, such as the emergence of marriage law stipulates that the forty-sixth four kinds of circumstances ,lead to divorce ,have the mistake side must be without fault party to pay compensation ,the amount of 400000 yuan .
In this way will be the amount of compensation to be clear .According to the agreement is greater than the statutory principle, under normal circumstances should give priority to the application of agreement between parties .
And according to the marriage law of the judicial interpretation ,the compensation actually contains material damages and compensation for moral damage .In this case the husband to his wife lady Z A implementation of family violence causes the latter to compose a slight wound ,if only consider minor physical impairment ,400000 yuan of compensation may be too high ,which is a trial of adjustment compensation as the main factors to consider .
However ,despite the body physical damage ,Ms. A also suffered from mental damage .This kind of spirit damage except for visible damage leads to mental distress ,more based on the couple of the personal and intimate relationship suffered mental attack and heart trauma .
Thus ,the compensation for divorce damage ,the court cannot machinery for personal injury and equal principle ,but should consider the party to suffer physical and moral damage ,and as a measure of the amount of compensation shall be obtained .
This case retrial is based on this consideration and revision .400000 compensation is not obviously too high supervision tribunal judge thinks, about determination civil right infringement spirit damage compensate responsibility to explain a number of problems under article tenth ,the amount of compensation for mental damage according to the following factors :one is the infringer to the degree of fault ,buy a car stereo,except as otherwise stipulated by law ;the two is a violation of means ,occasion ,behavior of specific plot ;three is a tort consequences ;four is the infringer profits ;five is the infringer shall assume the liability of economic capacity ;six is by the court of appeal at the average standard of living .
In this case, Mr. Z in the marital relationship continues to exist for many times during the implementation of family violence to Ms. A ,Ms. A multitime alarm in still fails to change its behaviour ,and led to Ms.
A injuries ,the subjective fault is not serious ,also not is not bad .It is 400000 yuan of compensation is not obviously too high .In MR Z ,the institutions of the staff ,have a stable occupation income and savings ,have to pay the sum of compensation to economic capacity, and compensation payments will not on its economic consequences .
Therefore ,in this case the couple agreed 400000 yuan of divorce damages was not in violation of the relevant Supreme Court judicial interpretation provisions of compensation for mental damage ,nor the existence of unfairness or lead another life troubled situation ,retrial request the infringer according to the provisions of the agreement to pay 400000 yuan compensation ,since the parties to respect the the meaning autonomous principle embodiment ,but also on the no-fault party personal right protection and relief ,highlight the marriage between social ,seriousness and authority .
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