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The case had CCTV coverage
These days, the 16-year-old son kept asking Wang Jianling:? "My father was killed on the way to work, but also to attack the murderer things work, and why he died not claiming for compensation," Wang Jianling do not know how Answer son. & Nbsp;
 
Last February 14, Jun Wang Jianling husband was a colleague of incitement to harm death,http://www.kazenoko-club.com/bbs/yyregi.cgi, but the reason the attack was "to post teaching." & Nbsp;
 
To her husband's related injuries, more than a year, Wang Jianling been on the run. September 8, Xuzhou City, Jiangsu Province, the Intermediate People's Court of Final Appeal ruling, so that a person's hopes again.
 
A. Incitement to murder, just as "post teaching"
 
When a middle-aged man approached his bicycle alley: at 17:40 on February 14, 2009 or so, Xuzhou City, Jiangsu Province,http://www.iwata-tenjindou.co.jp/cgi-bin/wfinder.cgi, Peixian Zhen Jing downtown alley undergone a frightening scene suddenly jump out of three men punched and kicked him, stabbed him with a knife, slash. Done all this,http://happy-marron.com/cgi/diary/nicky/nicky.cgi, the three quickly fled the scene. The man due to excessive bleeding, he died. & Nbsp;
 
Wang Jianling man is murdered husband,http://www.speloncato.com, Jiangsu Province Peixian rural cooperative credit unions Jing An credit unions Xinhua credit bureau chief Li Jun. Police learned in the investigation, Li Xinhua credit bureaus are responsible, employees to work near a seal over a few days ago on his way to work somehow been repeatedly beaten by strangers. & Nbsp;
 
Xinhua credit bureaus a total of only three employees, two of whom have been stranger inexplicably attacked, the assailants specifically why staff credit bureaus to start? & Nbsp;
 
Three perpetrators quickly arrested. It turned out that this was a case of incitement to harm, incitement were called SUN Zhi - guo, Xinhua credit bureaus staff waiting list. & Nbsp;
 
SUN Zhi - guo Zengyin individual did not recover non-performing loans overdue liability by the probation sanction. Later,http://wx.jazzsynth.com/wxcgi/kizai/sunkizai.cgi?mode=form&no=105&page=", his mother was ill, SUN Zhi - guo please the holiday care of his mother. December 2008,jordan pour femme, Pei credit cooperatives implement two-way choice, competition, SUN Zhi - guo miss the two-way choice, but to the waiting list. Others see one full of energy to work, SUN Zhi - guo psychological imbalance, in order to re-appointment, he financed the employment of others, wishing Xinhua credit bureau employees of Super wounded, it can not participate in the work, so as to replace their work by their own purpose. February 8, 2009, on the 11th, SUN Zhi - guo hire people of Super twice beating, because the injury is not heavy, sealed super still every day to work properly. Unable posts Jun SUN Zhi - guo then start again. & Nbsp;
 
March 2010, Xuzhou City Intermediate People's Court sentenced the defendant SUN Zhi - guo intentional injury death, the other four defendants were sentenced to death two-year reprieve, life imprisonment, fifteen years imprisonment penalty. Meanwhile, the court also ordered five defendants to compensate the victims for the loss of relatives Jun 36 million yuan. & Nbsp;
 
However, since the 5 defendant almost no enforceable property, criminal court with civil judgments become a dead letter.
 
B. Two social security sector not identified injuries
 
After Li Jun killed, his wife Wang Jianling sobbing. There on Jun elderly parents, under the minor son, he is the mainstay, now a pillar crashing down,tiffany outlet, Wang Jianling and unemployed at home, family life suddenly lost their source. & Nbsp;
 
Wang Jianling feel, if not the credit unions Jun employees would not have been unexpected. Since it is a job result, it should belong to the injury, let alone Li Jun was killed on his way to work. & Nbsp;
 
Li Jun, the unit Pei Wang Jianling Rural Cooperative Credit Union and consistent view, then, the unit labor department identified to Pei Jun injury applications. But Pei Labor and Social Security Bureau considers that, according to "Injury Insurance Regulations" provides that employees during working hours and workplace,http://bbs.sbooker.com/forum.php?mod=viewthread&tid=188568, due to work injury by accident; engaged in work-related preparatory or finishing work by accident injury ; perform job duties due to violence and other unintentional injuries, injuries can be identified as. Li Jun was injured while in the non-working time and non-workplace, it is not identified as work-related injuries. & Nbsp;
 
Pei Wang Jianling to Labor and Social Security Bureau to produce a piece of evidence - a duty honorific safe credit unions prove Li Jun killed that evening, he is according to arrange credit bureaus from Xinhua Credit Union to work to secure respect the way killed on duty. "Li Jun is the docking point in the work and the continuation of the process of work by the employees of the unit injury, should belong to the working hours and workplace injuries suffered due to work, should be recognized as work-related injuries." But Peixian Labor and Social Security Bureau believes that in accordance with the provisions of "Work Injury Insurance Regulations", on his way to work, only one case of work-related injuries can be clearly identified - by motor vehicle accidents. Jun Department of victims of violence and clearly inconsistent with this provision. & Nbsp;
 
July 6, 2009, Peixian Labor and Social Security Bureau made the decision "not to identify work-related injuries," the. & Nbsp;
 
Pei Wang Jianling finding of Labor and Social Security Bureau refuses to accept, to Xuzhou Municipal Labor and Social Security Bureau to apply for administrative reconsideration. November 2009, Xuzhou Municipal Labor and Social Security Bureau issued by the administrative reconsideration decision, maintain finds Pei Labor and Social Security Bureau. & Nbsp;
 
At this point, the only option Wang Jianling of litigation.
 
C. Two trials do not support injury
 
March 2010, Wang Jianling sued Gulou District Court in Xuzhou City, the Xuzhou Peixian levels and labor department to court, requesting the court to revoke the defendant Pei Labor and Social Security Bureau made on Jun injuries not identified decisions and administrative reconsideration of Xuzhou Municipal Labor and Social Security Bureau decided to maintain the book, and finds Jun killed belong request injuries. & Nbsp;
 
May 20, 2010,http://thiefmissions.com/search.cgi, Xuzhou City Drum Tower District Court made a verdict on the case. The court dismissed the claims of Wang Jianling of. & Nbsp;
 
Wang Jianling appealed his conviction, appeal to Xuzhou City, Jiangsu Province, the Intermediate People's Court. & Nbsp;
 
July 21, 2010, Xuzhou City Intermediate People's Court hearing of the case. Court, the original defendant, the two sides still around whether to perform the functions Jun suffered violence had a heated debate. & Nbsp;
 
Wang Jianling believe that the first instance Court found that the victim Jun specific duties Xinhua branch "bookkeeping" and Pei Jing An overnight security Credit Union headquarters, the day after the completion of the work back to the headquarters of Xinhua branch has been working to shift the next morning 7:50,http://qywh.ynzy-tobacco.com/forum.php?mod=viewthread&tid=26118, these facts can be confirmed Li Jun was killed during the performance of duties, but the Court of First Instance found the victims killed time is not clear. In addition, the Court of First Instance that "the perpetrators harm the victim's behavior in this case is a criminal offender under abnormal thinking dominated implemented victim causes the victim not work," Wang Jianling think about "under abnormal thinking led" perpetrators judge too Subjectively, this negative "murder victim not work reasons" lack of basis. & Nbsp;
 
"Injury Insurance Regulations," Article XIV: "during working hours and workplace, the discharge of duties by the violence, accidental injury, should be recognized as work-related injuries." Wang Jianling believes that "after completion of the Xinhua branch accounting husband work King arrived safe and continuous duty credit unions, and is responsible with class' work, the perpetrators in order to compete for jobs caused the death of her husband, in line with the three basic elements related injuries that the victim during working hours, in the work area, killed because of work reasons, should be injury. Labor department said the victim was not injured fulfill my duties, it is clear that provision were narrowly critical understanding. & Nbsp;
 
Appellee Peixian Labor and Social Security Bureau reply that, according to the provisions of Article XIV of the sixth "Work Injury Insurance Regulations", the way to work by motor vehicle accidents, only belongs to injury. Li Jun is clearly not part of this legal situation. In addition, according to the Office of Jiangsu Provincial Labor and Social Security, "on the implementation of & lt; Injury Insurance Regulations & gt; Several Problem opinions" Article XIV: "perform their job duties by violence, accident, refers to others because they do not obey the employees to perform job duties management behavior,nike free run, and violence against workers caused by injury, the violence and to perform duties should have a direct causal relationship. "And in this case,air jordan spizike pas cher, there is no relationship between management and the management of the offender and the victim, not the perpetrator of violence perform job duties because of management practices, that the perpetrators of the victim against the victim of violence is not applied to the security work that is caused due to the victim to perform job duties, the victim also did not conduct the implementation and management of the offender to perform job duties. Therefore, the perpetrators of violence and victims applied to perform job duties does not have a causal relationship. & Nbsp;
 
September 8, 2010, Xuzhou City Intermediate People's Court made a second trial: dismissed the appeal and upheld the conviction. & Nbsp;
 
The court held that, Li killed time should be recognized as working hours, but Li Jun casualties are not "on the way to work by motor vehicle accidents" and "laws and administrative regulations should be recognized as work-related injuries," the situation. At the same time, no victim Jun between leadership and work with the offender is to lead, manage and be managed relationship, the perpetrators of crime against all of the Xinhua branch workers in the post, which does not exist between the victim and the victim to perform Responsibilities produce personal grudges, therefore, does not have a causal relationship between "performing the duties" with the victim casualties. It does not comply with the relevant provisions of casualties "Work Injury Insurance Regulations". & Nbsp;
 
Wang Jianling said that in order for her husband to have a say, to his son, in-laws good show, she will appeal the departments concerned.
 
D. Are injuries & nbsp; & nbsp; legal experts dispute
 
Nanjing University, who declined to be named, labor law experts believe the court arguable. & Nbsp;
 
He noted that the injury concept of "work" refers to workers performing their duties (business) in the labor process behavior, injury refers to workers in the labor process due to their duties (business) suffered an acute injury. Case, whether identified violence belong to injuries suffered by Li Jun,jordan pas cher, the key to their compliance with Article 14 of the third term, "industrial injury insurance regulations," that during working hours and workplace, the discharge of duties by violence accidental injury. The provision of working hours, the workplace and the reasons the three elements must be satisfied in order to identify whether the injury? Legislative Affairs Office of the State Council of Politics and Law Division of Labor and Social Security on the legal interpretation believe that there are two meanings: First, the workers perform their job duties, make some people unreasonable or illegal purposes is not reached, these people out in retaliation for the workers to carry out the violent personal injury; the second refers to the working hours and workplace, employees perform job duties because of injuries suffered. According to the interpretation of the first layer of meaning itself as the innocent party of workers due to work with others, suffered the disputes of others (at fault) malicious retaliation hurt, although not within the working hours and workplace injuries still should be identified. & Nbsp;
 
Then, Li killed is not working why? In his view, Li killed neither of passion, but also non-financial killing, revenge killings and more impersonal resentment caused due to causes entirely work - that the defendant SUN Zhi - guo Li Jun to work the road blocking his appointment, so only pain killers. & Nbsp;
 
Comprehensive facts of the case, the experts believe that Li Jun killed is caused by the discharge of duties, in line with the core elements related injuries - work reasons. The reason, in conformity with the work, working hours and workplace elements should be identified as an ancillary element. He stressed that labor relations, legal principles and spirit of the injury is to ensure the protection of workers due to work without malice or after injuries and work-related activities can be obtained in relief, as long as the content of workers who have suffered injuries and work related to, For the definition of working time will have to be judged according to the different nature of the work, as long as the injury situation does not belong to the scope of work-related injuries ruled out, it should be recognized as work-related injuries. The present case, since the normal performance of duties Jun drew the waiting list SUN Zhi - guo staff dissatisfaction, and eventually even the tragic fatal disaster. Although he was killed on duty in his way, but the reasons for its victim to perform job duties is based on retaliation. If only a few minutes because there is no place not on duty rushed identified as work-related injuries, earnestly perform their duties if the work is not identified as the reason, if for no reason murdered due to work, the results are not any workers' compensation, which is contrary to labor law intention and fairness legislation to protect workers' legal rights and interests, but also contrary to the legislative purpose "Injury Insurance Regulations" Law on the Protection of the rights, duties and not conducive to workers. & Nbsp;
 
However, Chinese People's University Law School Professor Li Jianfei think, Li killed the conclusion of work reasons, is deduced from the behavior of the offender out, but injuries that the "work reasons", meaning duties, namely in fulfilling job responsibilities hurt, this is a most fundamental point of injury. Accordingly, he believes the court decision was correct, Li really difficult to identify the victims of work-related injuries.
 
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