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Old 08-10-2011, 06:27 AM   #1
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Default ferragamo australia 男子在国家赔偿法出台前遭错判未

  背了27年“强奸犯”黑锅的张保银,可能真的白背了――他申请国家赔偿的要求被法院驳回。
  几经波折后,今年8月24日,张保银终于拿到了宣告他无罪的判决书,asics australia
  警方指出,他身上的抓痕、手指的伤口,都像歹徒在现场受的伤,血型也和犯罪嫌疑人一致。

  昨日上午,张保银的儿子张国忠来到商报社,带来一份驻马店市中级人民法院的“赔偿决定书”。这份“赔偿 决定书”,再次将张家人的心,打回到27年前。
  “按照国家赔偿法公平、道义的初衷,此案不赔偿,salvatore ferragamo 武大称修改合同时病危教授在场,也应该给点相应的补偿。”昨日下午,郑州大学公共管理学院杨朝聚教授说,国家之所以立赔偿法,就是考虑到 一些政府部门在执行法律、法规时,态度粗暴,christian louboutin {channel} 七部门联合执法查处注水宰牛场,或引用法律错误,侵犯了公民的合法权益,国家从公平、道义的角度出发,给予公民一种经济补偿 。
  背黑锅27年 老汉索赔102万元
  “但是,张保银实际被错误羁押的时间为1982年7月28日至1989年1月2日,发生在国家赔偿法之 前,asics online,并无持续至1995年1月1日国家赔偿法施行以后,因国家赔偿法不溯及既往,所以张保银申请国家赔偿事项 并不适用国家赔偿法。”
  社会学专家
  尽管有人可以作证,他身上的伤痕是被妻子抓伤的,手指上的伤是帮村支书割麦时所致,但他还是被法院判刑 10年关进了监狱。
  出狱后,ferragamo australia,张保银四处告状。终于被他发现,他和犯罪嫌疑人的血型根本不同。
  按照国家赔偿法“不溯及既往”,张保银这么多年监狱就白蹲了?
  ■商报记者 胡巨阳

  按赔偿法的初衷 应该给点补偿

  法院判决
  “是法院判错了,法院还管不了?应当由哪个部门来处理解决?”张家人觉得这段话是在“踢皮 球”。


  该赔偿决定书的最后,还写有这段字:“张保银被宣告无罪的善后问题,应当按照当时的国家规定,由张保银 申请有关部门处理解决。”
  在张国忠复印的驻马店市中级人民法院(2009驻法赔字第3号)的“赔偿决定书”上,写着 “本院认为,air max shoes,2009年8月24日,上蔡县人民法院作出(2008)上法初字第121号刑事判决,宣告张 保银无罪,salvatore ferragamo shoes 经营户对同行不满偷其千斤螃蟹获刑2年,该判决生效后,north face gloves,张保银有申请国家赔偿的权利。”



  记者昨日未联系上张保银本人。按照程序,张国忠已代父亲向河南省高级人民法院递交国家赔偿 的申请。
  这个“但是”,supra high tops,最终驳回了张保银要求国家赔偿的申请。

  1982年7月,同村一个19岁的小姑娘险遭歹徒强奸,时年49岁、在原信阳地区运输公司开车的张保银 ,被驻马店上蔡县公安局以“嫌犯”的身份带走。






  张保银被判发生在国家赔偿法出台之前
  今年76岁的张保银,是从朝鲜战场上退下来的志愿兵。

  “明明承认错判了,为何又不赔偿呢?”昨日上午,张保银的儿子张国忠一脸的不解。
  张保银提出了国家赔偿,请求赔偿羁押他2353天的赔偿金、精神损失费、247个月的退休金、上访差旅 费、误工费、律师费等共计102万元。
  此案中,法院不予赔钱的判决没有错。“但应该由谁补偿就很难说了,案件是法院判错了,理应由法院补偿。 可法院拿钱没有法律依据,到底由哪个部门来处理?当事人很难得到一个满意的答复。”杨朝聚说,由于历史的原 因,在上世纪80年代有很多类似错案,形成了一个很复杂的社会问题。严格来讲,国家赔偿法在立法时,应该多 少考虑到以前的问题,至少有个年限限制,这样,就会减少对一些公民的损害。
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Old 08-10-2011, 06:28 AM   #2
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survivors say is the cause of the fire was burning in the 21st floor of construction waste

couples cling together when cremation can not be her separate

die today, tomorrow, I had not thought of. wall construction of energy-saving and emission reduction 17 the evening of the Pan Pacific Hotel in the settlements, the reporter saw out the sand in the know. His Gege Sha Guorong killed in the fire. Area residents have expressed opposition. To ease the contradiction, to appease the community residents, land developers, Nanyang Electrical Machinery Plant proposed to give teachers an apartment for the transformation of energy saving. . According to the sand Ming, the developer,true religion skinny jeans, including the transformation of apartments for teachers to the building's exterior walls to increase insulation layer, the residents of the home into a single glass,cheap true religion online, double, etc., but to transform the building insulation is used in all combustible materials.
sand Guorong daughter that day of the incident wind is very large, and 21 floors in the building was burning construction waste, I do not know whether this is the reason for the building of fire? Reporter then from Shanghai Jiayi Building Decoration Engineering Company was informed that the main person in charge of the company is under police investigation.
lost contact with those close to Qicheng the elderly

at 17, still has not contacted 36 people. Some relatives of missing people are still hard to find, refused to attend the memorial service, carries the hearts of their loved ones living faith. Detailed list of the dead and injured a second update affects all of countless pairs of eyes and countless hearts. In the forlorn hope before he took to the families of the stick.
to 17 pm, after a DNA comparison confirmed the teachers Jiaozhou Jiaozhou Road,levis jeans, Apartment 728, 53 In addition,true religion store, residents of a fire in the building's residents, there are 36 failed to contact.
located in Changping Road, Jiaozhou Road, Shanghai fire settlements posting
fire started in the 10 to 12 layers, the list of missing persons from the floor where the apartment building can be seen over the central fire is more serious. More than 10 layers of 26, accounting for 72% of all missing persons.
In addition, age greater majority of missing persons in the age of 17 reported missing, 11 people are over 60 years old, the proportion of 65% for senior citizens. Among them, the largest is 84-year-old age living in the 16-level to Pak Yin, the youngest is 16 months Xiayu Chen.
located in Changping Road, Jiaozhou Road, Shanghai, fire settlements, there are still large numbers of people to seek information here. Posted settlements The masses suspected of not being a big fire.
According to the personnel engaged in fire prevention, the Shanghai fire burning time is not long enough to cause people melted, even burn, burn residue will have the bodies, so this reasoning does not hold.
According to the firefighters speculated that the personnel may be missing out abroad, not contact, and the fire has nothing to do.
According to relevant staff, the residents are not linked to the possible victims, relatives may also be picked up, there may be in the hospital for treatment.
layers of subcontractors, in the end the number of migrant workers missing

Jiaozhou Road, Shanghai front of the building on fire, flowers and a piece of the hands of the living to endless grief. Reporter noted, and the entire fire building workers are rarely concerned about the job. At that time the number of migrant workers in the end? How many of the missing workers? Workers recognized the families of killed or missing will be what compensation? This has also allowed hard waiting, waiting to no avail exceptionally worried families of missing workers.
at the fire scene, the number of jobs the migrant workers in the end, Shanghai has not announced the official launch. This reporter learned that, just construction of insulation materials do have about 10 people, the construction team will have two dead, one missing. At that time, there are many migrant workers are operating, some fled to the roof of the workers were rescued. To victims and families of missing persons is also worried that the workers who would be liable for this one?
affected residents make up one 500

nearly seventy years old from Shanghai Xie, and his wife lived in Australia, 2 months ago Hui Hu vacation rental at 728 Jiaozhou Road, a suites. Fire the same day, an old married couple acting out the afternoon to go home when the fire has spread into the door.
night, the old couple were placed into long-Yue Hotel. 16 afternoon, they walked into a hotel next to the thermal underwear shopping.
the afternoon of working days should be relatively deserted, the stores actually full of people. A woman salesperson introduced after the fire, the store's business volume surge, many of which come from the affected people. They escape when they attend to get clothes, get secure placement of that, they rushed to buy warm clothes.
errands, Xie change with only a couple of players,
million per affected families received relief funds

Yesterday morning, the Shanghai Charity Foundation to the settlements to visit because of million per affected families to send condolences to Kim.
memorial

couple embracing victims

to the crematorium it is difficult to separate the

night, how many people did not sleep? You, me, all in a disaster before, wept, thinking the pain.
After the fire, I do not know how many families will Tianrenyongge? We try to find bits and pieces of living dead, to comfort the relatives and friends.
11 15, 14:30, Mr. Tong Fang received a friend's phone. Side of the phone is the urgent call for help:
a prophecy.
16 days, Mr. Tong Fang at the Longhua Funeral Home to see the bodies, Mr. Tong Fang couple will appear in the son's birthday party,
two months ago, Wang Fang and her husband came back to Shanghai. She went to Japan to study early,true religion bootcut, after graduation to work in Japan, and Japanese orange Yukihiro (sound) got married, and have obtained permanent residency in Japan.
Mr. Tong and Fang than ten years of friendship, they are students living in Japan during the Fang has been a help according Guwang Fang from the Mr. Tong's father. Fang put the cake that day, refused to eat lunch with the others offer,true religion outlet, insisting to go home to his father birthday. Rushed to the scene of the fire, the time gradually fade away, the optimism was gone too.
Mr. Tong hopes eventually shattered, According to the fire house, said Orange Yukihiro Fang and her husband hugging in the kitchen together, to the crematorium it is difficult to separate the two of them.
Fang and her husband married for many years, both very much in love. According to Mr. Tong introduction, Yukihiro Orange have said so:
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Old 08-10-2011, 06:29 AM   #3
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