The topic of the legal report at noon today is: What exactly is a train?
This sentence seems strange, but after watching the program, you will feel that what is not a train, but what should law enforcement departments focus on? Should we focus on the people's hearts or the cold law?
The process of things is probably like this: One day in 2005, a woman in Nanjing came home from work late and missed the first train of 19. When I caught the second train at 22: 00, I was killed by the train because I was worried that people would be too anxious to catch the train. Instead, she chose to take a shortcut to drill the railway guardrail. After the incident, her 70-year-old mother felt that her daughter had an accident on her way to and from work, and the unit should give her a statement based on the work-related injury judgment. However, whether it is the personnel department of the woman's unit or the local labor bureau, it is considered that the woman died and should not be considered as a work-related injury. The reasons are: first, the woman didn't get off work on time to catch the train, and second, the woman had the behavior of drilling through the guardrail. Thirdly, it is also the focus of debate between the labor department and the families of the injured: according to the current Road Traffic Safety Law and the Regulations on the Administration of Work-related Injury, the train is not a motor vehicle as stipulated in the Road Safety Law, so simply according to the Road Safety Law, the woman's behavior cannot be recognized as a motor vehicle injury on the way to and from work, so it cannot be recognized as a work-related injury.
The wife of the deceased's old mother/kloc-died 0/3 years ago, and her daughter lived alone with her mother. The old mother can't accept that her daughter had a car accident on her way home from work, and what's even more unacceptable is that the white-haired man sent the black-haired man without his children, and the local labor department didn't even admit the fact that her daughter was injured at work. The old man repeatedly consulted the labor department, hoping to give her a statement, but was rejected. The old man went to the court again and again to apply for his daughter's recognition at work.
According to media reports, the media also interviewed the elderly from Nanjing Station to 70 years old, down to the 6-year-old girl, and many railway workers. Everyone thinks that trains belong to the category of motor vehicles, and a 6-year-old child knows that trains are motor vehicles. So why is our current law enforcement department so dogmatic that it can't make a reasonable ruling for the dead? From 2005 to June 20 10, the family advised the elderly to give up begging and spend their old age peacefully, but the elderly cried and said, how can I spend my old age peacefully without my daughter? Looking at the old man's weak body, I can understand the sadness behind her dim eyes full of tears, and I can understand her inner unwillingness. Finally, after five appeals in six years were rejected, and the old man's complaint went to the Jiangsu Provincial High Court, the staff of the Jiangsu Provincial High Court believed that the truth of the accident should not be determined just because the simple word "motor vehicle" was legally missing, but should be people-oriented and consider the sadness of the accident family after the accident. Final judgment: the deceased was injured by a motor vehicle on his way to work normally, which should be considered as a work-related injury. The original judgment of the local first-and second-level courts was rejected, and the local court decided to give the deceased a work-related injury identification within 30 days after the judgment came into effect.
In order to explain to her daughter, the old mother finally won after six years of persistence. But my heart is still heavy. I know she wants more than the hundreds of thousands of compensation. What she wants is to give her daughter a statement. What is compensation compared with life? We don't want to be rare for that little compensation. We should respect life and demand an explanation. The movie "The Story of Qiu Ju" Qiu Ju just wanted to "make an explanation" for that sentence. If the old man can't hold on, or the old man can't stand repeated blows, and his daughter's work death is not recognized, then her daughter will die inexplicably. Although she is at fault, who made the laws in our country? Does the simple concept that a train belongs to a motor vehicle have to be verified many times? Imagine if a family member of a labor department had a similar accident, would it still be like this? Will the result be a six-year wait?
I remember that at this time last year, on my way home from work, I accidentally bumped into a big truck parked in the bicycle lane and had a traffic accident. I will never forget that scene. I am very lucky. Although I was in pain and my face was badly injured, I managed to get my life back. I remember that the National Legislative Affairs Office was just discussing the proposal to abolish Article 6 of the Regulations on the Administration of Work-related Injuries, that is, employees who are injured by motor vehicle accidents on their way to and from work should be recognized as work-related injuries. I happened to have an accident at that time. Many people have said that I will not be recognized as a work-related injury. I remember when the news of the National Legislative Affairs Office was broadcast on TV, I was lying in my hospital bed, tears streaming down my face, cursing in my heart: Of course I was angry. Fortunately, with the help of leading colleagues and good friends, I finally got the work-related injury identification and compensation, which was a bit of a balance for myself. So I understand the pain and helplessness of my old mother better. Remember: none of us had an accident because we had to pay compensation. What we value more is the "statement" after our right to exist and our right to life are hurt.
No one wants to have an accident, but the law is made by people and modified by people. As a relevant law enforcement department, there is such a provision, but when amending the law, is it really considered from the perspective of ordinary people? I remember how many years ago in ancient times, Prime Minister Wei Zhi advised the king that water can carry a boat and also overturn it. The people are water and the country is a ship. Only when laws are formulated and implemented, and everything is done from the perspective of the people, not from the perspective of the country, can we achieve the goal of protecting the country and repairing the world. The ancient kings were still like this. Are our relevant law enforcement departments not as good as the ancient kings?
Maybe I am extreme, maybe I am arrogant, but I hope that things like old mothers pleading for their daughters will not happen again, and I hope that all the good people in the world will be safe all their lives. At the same time, I would like to sincerely applaud the Jiangsu Provincial High Court, because their judgment truly reflects the compliance with public opinion. With law enforcement officers like them, ordinary people can feel at ease, the dead can rest in peace, and the living can spend their old age in peace. This is what law enforcement departments should think and do for the country.
Sorry, there is only one. )