Common sense wall chart of agricultural machinery accident treatment

1. Six common senses to deal with agricultural machinery accidents

(1) When an accident happens to agricultural machinery, the driver should stop immediately and report to the local agricultural machinery safety supervision agency.

(2) If someone is injured in the agricultural machinery accident, the driver should immediately call the emergency number and carry out rescue according to the injury.

(3) If it is necessary to change the scene of the accident to rescue the injured, the location shall be marked to protect the scene.

(4) Agricultural machinery safety supervision machinery will make an accident identification after investigating and investigating the scene of agricultural machinery accidents, so wait patiently, keep the accident identification and avoid unnecessary troubles.

(5) If the obligee and obligor for compensation for accident damage unanimously request mediation for compensation for damage, the agricultural machinery safety supervision institution shall conduct mediation in accordance with legal procedures.

(6) If there is any dispute about the compensation for agricultural machinery accident damage, you can directly file a civil lawsuit with the people's court.

Chapter iv accident identification and review of agricultural machinery accident treatment measures.

Twenty-seventh agricultural machinery safety supervision institutions shall determine the responsibilities of the parties according to the following circumstances: (1) if an agricultural machinery accident is caused by one party's fault, the party shall bear all the responsibilities; (two) if an agricultural machinery accident is caused by the fault of two or more parties, they shall bear the primary responsibility, equal responsibility and secondary responsibility respectively according to the role played by their actions in the accident and the severity of the fault; (three) agricultural machinery accidents caused by no fault of all parties are accidents, and all parties are not responsible; (4) If one party intentionally causes an accident, the other party is not responsible.

Twenty-eighth agricultural machinery safety supervision institutions shall examine the evidence before the accident is identified: (a) whether the evidence is original, copy, copy and original; (two) whether the form of evidence and the procedures for obtaining evidence comply with the law; (3) Whether the contents of the evidence are true; (four) whether the witness or the person who provides evidence has an interest with the party concerned. Evidence that meets the requirements can be used as the basis for the identification of agricultural machinery accidents, and those that do not meet the requirements will not be accepted.

Twenty-ninth agricultural machinery safety supervision institutions shall, from the date of on-site investigation 10 days, make a confirmation of agricultural machinery accidents. In the case of hit-and-run cases, the identification of agricultural machinery accidents should be made within 10 days after the machinery and operators involved are seized.

Need to be identified, it shall make a confirmation of agricultural machinery accident within 5 days from the date of receiving the appraisal conclusion. Thirtieth agricultural machinery accident certificate shall contain the following contents: (a) the basic situation of the parties to the accident, agricultural machinery, workplace; (2) Basic facts of the accident; (3) accident evidence and accident cause analysis; (four) the fault and responsibility of the parties or the cause of the accident; (five) the right and time limit for the parties to apply for reconsideration and mediation to the agricultural machinery safety supervision institution and to bring a civil lawsuit directly to the people's court; (six) the name of the agricultural machinery safety supervision institution that made the agricultural machinery accident appraisal and the date of the agricultural machinery accident appraisal.

The confirmation of agricultural machinery accidents shall be signed or sealed by the accident handler, stamped with the special seal for handling agricultural machinery accidents, and delivered to the parties within 3 days from the date of completion of production. Article 31 If the perpetrator of the agricultural machinery accident has not been found, and the victim of the agricultural machinery accident requests to issue a confirmation of the agricultural machinery accident, the agricultural machinery safety supervision institution shall make a confirmation of the agricultural machinery accident within 10 days from the date of receiving the written application from the party concerned and serve it on the party concerned.

The confirmation of agricultural machinery accidents shall specify the time and place of agricultural machinery accidents, the situation of the victims and the facts obtained from the investigation. If there is evidence that the victim is at fault, the responsibility of the victim shall be determined; If there is no evidence to prove that the victim is at fault, the victim shall be deemed not to be responsible. Article 32 If the cause of an agricultural machinery accident cannot be ascertained, the agricultural machinery safety supervision institution shall issue a confirmation of the agricultural machinery accident, stating the time and place of the agricultural machinery accident, the parties concerned and the facts obtained from the investigation, and serve them on the parties respectively.

Thirty-third parties have objections to the identification of agricultural machinery accidents, they can submit a written review application to the agricultural machinery safety supervision institution at the next higher level within 3 days from the date of service of the agricultural machinery accident identification book. The application for re-examination shall specify the request for re-examination and its reasons and main evidence.

Thirty-fourth agricultural machinery safety supervision institutions at the next higher level shall make a decision on whether to accept or not within 5 days after receiving the written application for review by the parties concerned. If a party brings a lawsuit to a people's court, and the court has accepted it or the case has entered into criminal proceedings, it shall not accept the application for reconsideration and notify the party in writing.

When accepting the application for review, the agricultural machinery safety supervision institution at the next higher level shall notify the parties in writing and notify the original case handling unit to submit the case materials within 5 days. Thirty-fifth agricultural machinery safety supervision institutions at the next higher level shall, within 30 days from the date of accepting the application for review, review the following contents and make a review conclusion: (1) Whether the facts of agricultural machinery accidents are clear, whether the evidence is really sufficient, and whether the applicable laws are correct; (two) whether the division of responsibility for agricultural machinery accidents is fair; (three) the investigation and appraisal procedures of agricultural machinery accidents are legal.

In principle, the review should be conducted in writing. However, if the parties make a request or the agricultural machinery safety supervision institution deems it necessary, it may convene the parties to listen to their opinions. During the review, if the parties bring a lawsuit to the people's court on the accident, and the case has been accepted by the court or the case has entered the criminal proceedings, the agricultural machinery safety supervision institution shall terminate the review.

Thirty-sixth agricultural machinery safety supervision institutions at the next higher level, after examination, believe that the identification of agricultural machinery accidents meets the requirements, it shall make a review conclusion to maintain the identification of agricultural machinery accidents; After examination, it is considered that it does not meet the requirements, it shall make a review conclusion on the revocation of the identification of agricultural machinery accidents, and order the original case-handling unit to re-investigate and identify them. The conclusion of the review shall be delivered to the parties within 3 days from the date of making it.

The review of the agricultural machinery safety supervision organization at the next higher level is limited to 1 time. Article 37 After the superior agricultural machinery safety supervision institution makes the review conclusion that it shall be ordered to re-identify, the original case-handling unit shall re-investigate in accordance with the present Measures within 10 days, re-make the confirmation of agricultural machinery accidents with different numbers, serve them on all parties, and report them to the agricultural machinery safety supervision institution at the next higher level for the record.

3. What are the provisions in the civil law?

1 the Supreme People's Court's opinions on some issues concerning the implementation of the General Principles of the Civil Law of People's Republic of China (PRC) (for Trial Implementation) 2 People's Republic of China (PRC) Contract Law 3 Marriage Law of the People's Republic of China 4 General Principles of the Civil Law of People's Republic of China (PRC) 5 the Supreme People's Court's explanation on some issues concerning the application of the People's Republic of China (PRC) Contract Law (I) 6 People's Republic of China (PRC) People's Republic of China (PRC) Company Law 7 the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases 8 the Supreme People's Court's Interpretation of Several Issues Concerning the Application of People's Republic of China (PRC) Contract Law (II) 9 People's Republic of China (PRC) and People's Republic of China (PRC) Inheritance Law 10 People's Republic of China (PRC). People's Republic of China (PRC)'s Guarantee Law 1 1 the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Labor Dispute Cases 12 the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Construction Contract Disputes Cases 13 the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Marriage Law of the People's Republic of China (III) 1 4 China People * * People's Republic of China (PRC) Property Law 15 People's Republic of China (PRC) Tort Liability Law 16 the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (I) 17 the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II) 1 8 the Supreme People's Court's interpretation of some issues concerning the application of the marriage law, People's Republic of China (PRC)'s interpretation of some issues concerning the guarantee law 19 the Supreme People's Court's interpretation of the applicable law in the trial of rural land contract disputes, 20 People's Republic of China (PRC) and China's labor contract law, 2 1 the Supreme People's Court's provisions on some issues concerning People's Republic of China (PRC)'s company law (3) 22 the Supreme People's Court's notice on hearing civil cases of medical disputes with reference to the regulations on handling medical accidents [repealed ]23 Provisions on compulsory insurance for motor vehicle traffic accidents 24 the Supreme People's Court's explanation on applicable legal issues in hearing cases of disputes over sales contracts 25 People's Republic of China (PRC) * * and National Adoption Law 26 Daily loss assessment standards for personal injuries and deaths 27 General Principles of Civil Law of People's Republic of China (PRC) * * * People's Republic of China (PRC) (English version) 28 People's Republic of China (PRC) Property Law (English Version) 29 Measures for the Administration of Pre-sale of Urban Commercial Housing 30 China Bank Counter Service Specification 3 1 the Supreme People's Court Provisions on Several Issues Concerning the Application of the Enterprise Bankruptcy Law of the People's Republic of China (I) 32. Guiding Opinions of Jiangsu Higher People's Court on the Trial Work of Labor and Personnel Dispute Arbitration Committee (II) 33 General Principles of Loans 34 the Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Urban Housing Leasing Contracts 35 the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Disputes over Commercial Housing Sales Contracts 36 People's Republic of China (PRC) Insurance Law 37 People's Republic of China (PRC) Labor Law 38 Enterprise Bankruptcy Law of the People's Republic of China 39 the Supreme People's Court's Interpretation of Several Issues Concerning the Application of Law in the Trial of Labor Disputes (III) 40 the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Company Law of People's Republic of China (PRC) (II) 4 1 General Rules for the Interpretation of International Trade Terms 2000 Chinese Version 42 the Supreme People's Court's Opinions on Several Issues Concerning the Implementation of the Inheritance Law of People's Republic of China (PRC) 43 the Supreme People's Court's Reply on whether the itemized limit can be exceeded in the compulsory insurance for motor vehicle traffic accidents 44 the Supreme People's Court's Reply on Several Issues Concerning the Application of the Inheritance Law of People's Republic of China (PRC). Provisions on Several Issues in the Company Law of People's Republic of China (PRC) (I) 45 Opinions of the People's Court on Handling Lending Cases 46 Provisions on Consultation and Mediation of Enterprise Labor Disputes 47 Regulations on Individual Industrial and Commercial Households 48 Provisions of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Caused by Monopoly Behavior 49 the Supreme People's Court's Interpretation on Several Issues Concerning the Application of Law in the Trial of Labor Disputes (II) 50 Opinions on Several Issues Concerning the Implementation of the Labor Law of People's Republic of China (PRC) 5 1 Notice of the Supreme People's Court on Several Issues Concerning the Application of the Tort Liability Law of People's Republic of China (PRC) 52 Measures for the Administration of the Circulation of Rural Land Contracted Management Right 53 the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Insurance Law of People's Republic of China (PRC) People's Republic of China (PRC) (II) 54 the Supreme People's Court's Decision on Amending the Provisions on the Application of the Company Law of People's Republic of China (PRC) 55 the Supreme People's Court Trial 57 Measures for the Implementation of Bill Management 58 Minimum Wage Provisions 59 Regulations for the Implementation of the Bidding Law of People's Republic of China (PRC) 60 the Supreme People's Court's Interpretation of the Applicable Law for Stopping the Infringement of the Exclusive Right to Use a Registered Trademark and the Preservation of Evidence before Litigation 6 1 China People * * * People's Republic of China (PRC) Consumer Protection Law 62 Classification Standards for Small and Medium-sized Enterprises 63 Measures for the Administration of Commercial Housing Sales 64 Provisional Regulations on Cash Management 65 Provisions of the Supreme People's Court on Several Issues Concerning the Application of Laws in the Trial of Food and Drug Disputes 66 Provisions on Several Issues Concerning the Trial of Maritime Freight Forwarders 67 Provisions on Avoidance of Civil Servants (Trial) 68 One-time compensation measures for casualties in illegal employment units 69 the Supreme People's Court's explanation on some issues concerning the application of law in the trial of mediation and arbitration cases of rural land contract management disputes 70 the Supreme People's Court's provisions on some issues concerning the application of the Enterprise Bankruptcy Law of the People's Republic of China in People's Republic of China (PRC) (II) 7 1 Measures for the Administration of Appraisal of Work Ability of Workers with Work-related Injury 72 Opinions of the Ministry of Labor and Social Security on Several Issues Concerning the Implementation of the Regulations on Work-related Injury Insurance 73 the Supreme People's Court's Interpretation on the Applicable Legal Issues in the Trial of State-owned Land Use Right Contract Disputes 74 Guiding Opinions on the Appraisal of Urban Housing Demolition 75 Interim Measures for the Administration of Personal Loans 76 Reply of the Supreme People's Court on the Application of Relevant Legal Issues in the Export Trial of Credit Insurance Contract Disputes 77 Measures for the Administration of Property Service Charges 78 Measures for the Administration of Construction Contracting and Contract Price 79 the Supreme People's Court's Interpretation of Applicable Laws in the Trial of Disputes over Financial Leasing Contracts 80 NPC Standing Committee's Decision on Amending the Lawyers Law of People's Republic of China (PRC) 8 1 Reply of the Supreme People's Court on whether the liquidation of a sole proprietorship enterprise can refer to the bankruptcy liquidation procedure stipulated in the Enterprise Bankruptcy Law 82 Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Insurance Law of People's Republic of China (PRC) (I) 83 Provisions of the Supreme People's Court on Several Issues Concerning the Jurisdiction of Civil Cases by Military Courts 84 Minutes of the Symposium on the Trial of Bankruptcy Reorganization Cases of Listed Companies 85 Interpretation of the Supreme People's Court on Several Issues Concerning the Trial of Bills Disputes.