Lanzhou sanitation property personnel

A man in Gansu sexually assaulted a female sanitation worker and died. Why did the court only award compensation of more than 50,000 yuan? "Fourth Brother has the right to say" What I want to tell you is that even this 50,000 yuan may not be available to the families of the deceased. The court awarded less compensation, mainly because of the establishment of the legal system. As far as this case is concerned, if the court decides that this person has to pay huge compensation, he will have no property and be sentenced to death. How does he compensate? This is not to let the families of the deceased look forward to failure and let the law play a "white note"! ?

First, men forcibly sexually assaulted and killed sanitation workers. This man named Gu Moufei has been in prison for many years for stealing and escaping. After his release in 2002, he worked in Lanzhou. One day, Gu Moufei lied that he had used beer bottles at home and cheated the sanitation worker Mao Moumou to the rental house. When Mao was strangled and coerced, Gu Moufei resisted and shouted. He wrapped Mao's hands and head and face with transparent tape and continued to infringe, causing Mao to die on the spot. Later, he dumped the body in a demolition site. The police captured the murderer by retrieving the surveillance video. The Lanzhou Intermediate People's Court made a first-instance judgment: the defendant Gu Moufei committed rape, sentenced to death and deprived of political rights for life. Defendant Gu Moufei compensated the plaintiff in the incidental civil action for economic losses of 565,438 yuan+0,854 yuan. ?

Second, why did this case only award more than 50,000 yuan in compensation? If a person is killed in a traffic accident, the compensation is as high as hundreds of thousands or millions. Why is the victim's death compensation in criminal cases only tens of thousands of yuan? Why is the gap so big? In fact, the gap between the two lies in the death compensation. The civil compensation for the death of the victim caused by a traffic accident includes a "death compensation", which is not included in the civil compensation for criminal cases. Because the law stipulates that the principle of compensation in criminal cases is only to compensate for actual losses, and does not support compensation for mental damage, death and disability, the amount of compensation in criminal cases is much less. ?

Article 155 of the Supreme People's Court's Interpretation on the Application of the Criminal Procedure Law of People's Republic of China (PRC) stipulates that when making a judgment on an incidental civil action, the amount of compensation that the defendant should pay should be determined according to the material losses caused by the criminal act and the specific circumstances of the case. If a criminal act causes personal injury to the victim, it shall compensate medical expenses, nursing expenses, transportation expenses and other reasonable expenses for treatment and rehabilitation, as well as the income reduced due to absenteeism. If the victim is a disabled person, he shall also compensate for the expenses of living AIDS for the disabled; If the victim dies, he shall also pay compensation for funeral expenses and other expenses. ?

From the above legal provisions, it can be seen that no matter whether a criminal incidental civil action or a separate civil action is filed, it only compensates the victim for material losses, and the death compensation can not be supported by the court, because the death compensation belongs to spiritual comfort rather than material losses. There is a great controversy in the judicial circle on this point. At present, some courts will support or flexibly support some mental compensation according to actual cases, but this is a case after all and cannot be used as the basis for all judgments.

Third, why does the law not support huge compensation in criminal cases? China legal scholars believe that in criminal cases, criminal suspects will face sentencing or even death penalty. The punishment of criminals is the greatest comfort to the relatives of victims. This is what everyone calls "substituting punishment for compensation"! In judicial practice, the defendant in criminal cases has no property to compensate. If he is sentenced to a high compensation beyond the scope stipulated by law, he must be given a legal "white note". Because it cannot be actually implemented, it not only affects the authority of the referee, but also often leads to the problem of petitioning and harassment by the injured party, and the legal and social effects cannot be guaranteed. The same is true in this case. Like Gu Moufei in this case, he served his sentence for many years, worked outside all the year round, and even rented a house to live. How does he compensate?

The law is fair and just, but sometimes it has to bow to reality. In criminal cases, are there any criminals with conscience who know that they will be sentenced to death and have to pay huge compensation to the relatives of the deceased? That's personal. In this case, most condemned prisoners and their relatives will not pay compensation. Relatives of the deceased with good family conditions can shout out: if he doesn't pay a penny, he will die. Like the nanny arson case in Hangzhou, the family members of the deceased also said several times that they would give up their civil claims against the murderer Mo Huanjing. If the family condition of the deceased is not good, or the deceased is the "pillar" of the family, then the death of the deceased will make a family in trouble. Can shooting criminals bring them back to life? Can the spiritual comfort given to the relatives of the deceased help them get rid of their life difficulties? Can spiritual comfort be eaten as a meal? Therefore, in criminal cases, relatives of the deceased sometimes have to bow to reality, and they also have the idea of "asking for money and not dying".

? Summary: The law has a cruel side and a human side. In criminal cases, it is difficult to compensate for death compensation, which circumvents the law. In order to take care of the relatives of the victim, if the victim voluntarily compensates, the punishment may be mitigated as much as possible. What do you think of this? You can leave a message in the comments section.