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's Court of second instance. Gan Lin Qiu Wenlong traffickers whose parents offered to claim 170,000 yuan for mental damages. Qiu Wenlong is serving a sentence of the accused, missed yesterday's trial. Therefore, the Intermediate People's Court on the case did not make an immediate decision. [Trial Watch] mental damages claims mother cried in court in 1993, Guangzhou Gan Lin at six years old,[link widoczny dla zalogowanych], his father working Qiu Wenlong kindly shelter trafficking, Gan Lin after 17 years to find birth parents, Qiu Wenlong arrested and charged in Yuexiu District Court jailed for six years. Gan Lin's father filed a criminal with civil compensation, however, can not be accepted by the court according to the law. In June this year, the case in Haizhu District Court of First Instance, in addition to claims 170,000 Gan Lin,[link widoczny dla zalogowanych], also claims that day wearing a new dress abducted value of 28 yuan, Haizhu District Court of first instance verdict, the defendant Qiu Wenlong Gan Zhenghong a compensation for economic losses of 28 yuan . Why ask the court for Panpei 170,000 yuan for mental damages,[link widoczny dla zalogowanych], plaintiffs' lawyers said in court Cai Xianfeng, Gan Lin abducted when he was only six years old, these 17 years, many couples Gann was removed Guangdong, Hunan, Hubei, Fujian around struggling to find his son, but also because of missing son deep remorse, career and family has thus suffered incalculable damage. The family off to open their own shop, desperate to find his son, far more than the actual losses 170,000 yuan. Damages based on the spirit of the law, to consider the defendant is still serving and affordability, it just raised 170,000 yuan. "In the past experience has influenced abducted Gan Lin, changed hands several times, changed his name brought him difficult to eliminate the pain, they can not forgive a person Qiu Wenlong." Cai said the lawyer traffickers Qiu Wenlong Gan Lin for many years lived in the county where , she also gave birth to sons and daughters, but he never go back on the behavior of flesh break up, letting the pain of a growing Gan Lin,[link widoczny dla zalogowanych], this spirit must be compensation for damages. When Cai counsel submits this point, Gan Linsheng mother Yang Zhifang tears from time to time with a handkerchief to wipe tears from his eyes. Qiu Wenlong is serving a sentence of the accused,[link widoczny dla zalogowanych], missed yesterday's trial. Therefore, the Intermediate People's Court on the case did not make an immediate decision. 】【By Case fewer cases of victims who were spiritual compensation attorney Cai Xianfeng,[link widoczny dla zalogowanych], said the information currently available on his point of view, the relatives of abducted children successfully obtained compensation in case the domestic spirit is still relatively rare. He believes that this addition to the many families of the victims claim no timely request, the Court pursuant to the relevant judicial interpretation does not support the claim is one of the reasons. Haizhu District Court trial that,[link widoczny dla zalogowanych], according to "the Supreme People's Court on the admissibility of the victim in criminal cases instituted civil proceedings for damages mental problems of approval" provisions in the criminal case has been concluded, otherwise bring the spirit of damages, the court should not be accepted,[link widoczny dla zalogowanych], so the plaintiff requested the defendant compensation for moral damages 170,000 in damages not support the request. Accordingly, the trial court in its judgment dismissed the plaintiff's claim. Cai Xianfeng that the Court of First Instance error of law. The case should be based on "Tort Liability Act" and "Supreme Court on the determination of tort liability for damages the spirit of a number of issues of interpretation": tortious causing mental damage,[link widoczny dla zalogowanych], resulting in serious consequences, in addition to the people's court ruling infringer stop the infringement, rehabilitation, eliminating the effects of apology and other civil liability, according to the request of one of the victims compensation corresponding decree of its moral damages solatium. In practice, however, the "Tort Liability Act" has not been fully used,[link widoczny dla zalogowanych], and criminal cases and compensation for moral damage will not be accepted across the board, resulting in a difficult predicament claims abducted children. Cai Xianfeng trafficked persons called in adjudicating civil compensation case when the full use, with good laws, civil judgments through a real deterrent to crime, to make up for this type of crime victims caused by tort spiritual and material losses. He also reminded parents of the child victim, leaving as much as possible the process of looking at children suffer economic loss and mental anguish all the evidence, to prepare for claims purposes.
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