Chen Mou appeals to desk of issue of authority of Liu Mou body
Chongqing city opens prefectural people court
Civil judgment book
(2012) opens the word at the beginning of law civilian the 00378th
Accuser Chen Mou.
In attorney Zhang Ming, law opening a county helps central law worker.
Attorney Chen Mou some.
The accused Liu Mou.
Attorney Wang Ying (special authorization) .
Issue of authority of body of accuser Chen Mou and the accused Liu Mou one case, this academy after put on record was accepted on January 9, 2012, comprise collegiate bench lawfully, open open a court session undertook cognizance. Former, the accused and bilateral attorney all joined suit to front courtyard. This case already was tried now terminative.
Accuser Chen Mou appeals to say: On Feburary 14, 2011 morning, the accused Liu Mou swings the grass in the ground in the eaves gutter of firm dredge, I go dissuading the accused, unexpectedly the accused swung a grass intentionally again, irritate me thereby, then I unplug the green vegetables in the accused ground, the accused mentions hoe hit my hip a few times. I capture hoe to be not put, be reaved hoe by Huang Zhaoxiang later. The accused in conflict sends me, via Zhao Jiazhong heart hospital diagnoses for: Abrade of left waist skin accompanies gore, double coxal parenchyma is injured, hospitalization uses medical treatment to expend 813.18 yuan. Via police station mediation fails to come to an agreement. The muscle film that because press down class hospital equipment to cure double buttock parenchyma not in time not together,injures is phlogistic, cause double buttock parenchyma to injure long-term ache to be borne hard, was in on December 15, 2011 at coming on November 15, 2011 Chongqing army medical service is great the hospital treats southwest of the first accessary hospital 29 days, diagnose medical treatment expends 12981.6 yuan. Because film of double buttock muscle is damaged, have a relapse possibly henceforth again again hospitalization, reason requests a court to adjudicate 20000 yuan to the accused compensates for the charge such as cost of my medical treatment to add up to.
Some argue of the accused Liu says: On Feburary 14, 2011 morning, I weed in oneself vegetable plot, did not throw grass into the ditch that accuser place says. Accuser is thrown into with my general grass oral conflict produces for ditch, will pull the green vegetables in my ground to just bring about the generation of dispute. Accuser starts work be about to reave hoe from inside my hand, I am grabbed to avoid to contend for loss produces in the process, on the spot let go puts down hoe, not was like what accuser place says to use hoe to maul accuser. Accuser rolls about in my vegetable plot, roll a whole my dish dead entirely. Because the land in winter ground is very hard, the injury that accuser place says should be him himself be mixed by clod when roll about injury of dish root place, be not what cause by me. After dispute happening, classics village appoint with Zhaojia police station is mediated jointly, mediate agreement at forming a public security on Feburary 23, 2011, by Li Mopeng of village branch secretary contributive 50 yuan, entrust Zhu Yufei of police station policeman relatively give the female Chen Zhongying of accuser serves as compensation. Anyhow, I did not maul accuser, should not assume liability to pay compensation, request court rejects the litigant request of accuser.
Accuser Chen Mou advocates to prove its, submitted following evidence to this academy:
1, proof of registered permanent residence, plan to prove the identity case of former, the accused.
2, police station of Zhaojia opening a county notes to Liu Mou's inquiry, plan to prove incident is passed, the accused sends accuser.
3, the proof of committee of villager of path peace of Zhao Jiajie opening a county, plan to prove the accused sends accuser.
4, public security of police station of Zhaojia of public security bureau opening a county mediates agreement, plan to prove mistake of the accused existence, send accuser.
5, the expense detailed account of southwest hospital, plan to prove accuser sees a doctor in this courtyard circumstance, expenses medical treatment expends 12981.6 yuan.
6, unit of medical treatment of the Chinese People's Liberation Army is special collect fees bill, the medical treatment cost that plans to prove to cost and submit an expense account circumstance.
7, receipt of cost of disease medical certificate, medical treatment, plan to prove circumstance of Chen Mou seeing a doctor and expenses medical treatment expend a circumstance.
8, hospital of 3 gorge center diagnoses certificate, there is muscle film before planning to prove Chen Mou phlogistic.
9, home page of anamnesis of southwest hospital be in hospital, plan to prove Chen Mou treats a condition in this hospital.
10, wholesome system, plan to prove the accused did not abide by relevant provision.
The qualitative card opinion of the accused Liu Mou is: Evidential 1-4 is consentient. Evidence 5, 9 disagree. Evidence 6, 7 disagree, accuser gets hurt is he roll about those who cause. Evidence 8 disagree, it is groovy disease. Evidence 10 disagree.
The accused Liu Mou advocates to prove its, submitted following evidence to this academy:
11, public security of police station of Zhaojia of public security bureau opening a county mediates agreement, the dispute that plans to prove former, the accused has been in of police station chair next reaching to mediate an opinion, the accused does not cause the injury of accuser.
12, the proof of committee of villager of path peace of Zhao Jiajie opening a county, plan to prove the dispute of former, the accused already was mediated, the thing already was handled end.
13, appear in court the attestation in witness king chrysanthemum, plan to prove the accused did not use hoe to call prosecutor, after the wife of accuser takes away hoe, accuser lies on the ground, defendant went later, bilateral not recurrent also other issue.
14, appear in court the witness fizzles out the attestation of phoenix country, plan to prove the accused did not call prosecutor, also not be willing be out of pocket, but village secretary of a Party or League branch serves as compensation 50 yuan to dissolved contradiction to give prosecutor.
15, appear in court the witness fizzles out Feng Jun's attestation, plan to prove the accused did not call prosecutor, accuser has the mark that rolls about in vegetable plot, also already shared intercessory work oneself.
16, appear in court witness the Kingdom of Wei delays emerald green attestation, the wife that plans to prove accuser takes away hoe and hand my hind, accuser lies on the ground to roll about. The accused did not call prosecutor.
17, appear in court the attestation of witness Li Mopeng, plan to prove the accused did not call prosecutor, but contradict to dissolve, li Mopeng of village branch secretary is contributive 50 yuan of compensation give prosecutor.
The qualitative card opinion of accuser Chen Mou is: Evidence 11 disagree, chen Zhongying is my daughter, she does not have my accredit, I did not participate in mediation directly. Compensation also explains 50 yuan have the fact that produces issue. Evidence 12 chairing mediation is a fact, daughter pass on gives me 50 yuan. Evidence 13 disagree, both sides has the fact that grabs hoe, and proof accuser did not roll about. 14 Huang Feng countries are opposite evidence only intercessory fact understands somewhat. Evidence 15 disagree. Yan Cui of 16 the Kingdom of Wei did not see evidence grab hoe, and with evidence 13 photographs contradict. Evidence 17 basic consentient.
Join opinion of the quote of former, the accused, qualitative card and the real case of this case, the attestation opinion of this academy is:
Evidence 1, the accused is consentient, this academy gives lawfully adopt and collect a letter. Evidence the 2 inquiries that fasten public security mechanism to issue note, the form is lawful and effective, this academy gives lawfully the content that adopts; to prove to place, this academy will combine other evidence to give maintain integratedly. Evidence 3, 4 with evidence 11, both sides of 12 former, the accused all shows, to its authenticity this academy gives approbate. Evidence 5, 6, 7 this academy will combine other evidence to give maintain integratedly. Evidence 8 basises on December 31, 2010 the diagnostic certificate of hospital of 3 gorge center, interverbebral disc of double buttock ache, waist suffers from before can seeing accuser disease and the evidence such as disease of outstanding, cervical vertebra 9 in evidential disease photograph be identical, reason this academy cannot affirm what accuser has film of double buttock muscle this phlogistic cause by the accused, and accuser also did not offer other evidence to give evidence, reason hurts this academy to cannot be maintained to what accuser is damaged. Evidence 10 have nothing to do with this case. Evidence 13, 15, medium, Huang Fengjun, Wei Yancui all has arrived at 16 medium witness king chrysanthemum the spot, and also appear in court attest; evidence 14, average per capita of 17 two card participates in after the event to mediate the job, and also appear in court attest, the attestation of these 5 witnesses can mutual confirm. Additional, evidential 13-17 and evidence 11, 12 also can mutual confirm, the proof force of the evidence that the proof muscularity of its evidence provides at accuser place, although accuser disagrees, but the photograph counterevidence that did not offer enough to refute proves according to giving, the accused that reason advocates to accuser place mauls the fact of accuser, accuser agree carries responsibility of quote incapable law.
According to the attestation of the allegation of former, the accused, quote, qualitative card and this academy, this academy acknowledges following legal facts:
On Feburary 14, 2011, accuser Chen Mou and the accused Liu Mou produce issue because of neighborhood bagatelle, accuser Chen Mou says the accused Liu Mou uses hoe to maul his, call the police to police station of opening a county Home Zhao, classics village appoint with Zhaojia opening a county police station is mediated jointly, mediate agreement at forming a public security on Feburary 23, 2011, by Li Mopeng of village branch secretary contributive 50 yuan, entrust Zhu Yufei of police station policeman relatively give the female Chen Zhongying of accuser serves as compensation. Accuser Chen Mou was not participated in with oneself mediate and sign for, do not approve intercessory agreement. Show former, the accused to compensate for matters concerned to did not reach unanimous opinion, accuser is sued then to my courtyard, requirement the accused recoups its loss.