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律师办理未成年人法律援助案件资助项目Financing Projects of Dealing with Childre

2012-06-05   来源:致诚公益律师   晁灵
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  律师办理未成年人法律援助案件资助项目

  Financing Projects of Dealing with Children’s Legal Aid Cases

  2006年8月,全国律协未成年人保护专业委员会与中国法律援助基金会合作,在中国法律援助基金下设立“中国未成年人法律援助与保护专项基金”(“专项基金”),向全社会开放捐助。为鼓励律师免费办理政府法律援助之外的未成年人维权案件,减少律师在办理此类案件中的费用负担,在“专项基金”支持下,中心开展“未成年人维权网络律师办案资助项目”,每个案件向律师提供600-1500元用于补助办案交通、通讯、复印等合理费用,目前已资助501起案件。

  In August 2006, the Special Committee on the Protection of Minors of the All China Lawyers Association, in collaboration with the China Legal Aid Foundation, set up the "Sub-Foundation of Child Protection and Legal Aid" under China Legal Aid Foundation (Sub-Foundation), aimed at providing assistance to the needy in society.

  In order to encourage lawyers to engage in legal aid work related to minors’ rights protection (apart from the Government Legal Aid Scheme), and to reduce the financial burden of these lawyers, the Sub-Foundation established Subsidized Cases, subsidizing lawyers RMB600-1500 for handling these cases, covering their out-of-pocket expenses, such as transportation costs, phone bills, photocopying costs.

  资助典型案例选

  Examples of Subsidized Cases

  1.为无罪少年辩护 探疑寻迹锁定“真凶”

  2006年元月,常住重庆纂江县的16岁小明被自己家乡福建省武夷山市法院以盗窃罪判处有期徒刑。事实上小明连家乡县城都没有去过,更从未到过武夷山市。当地的公检法机关凭何证据对其定罪量刑?这个冤案是如何形成的?真正的罪犯是谁?

  2006年3月下旬至6月底,重庆市的吴登其律师为小明提供了法律援助。吴律师在了解基本案情后,决定为小明作无罪辩护。吴律师认真查阅了案件材料,多方寻找关键证人,两次申请法院调取证据。因准备充分吴律师出庭辩护非常成功,武夷山市人民法院接受了吴律师的辩护观点,判决撤销原判,改判小明无罪并当庭释放。与此同时,律师还根据掌握的线索,寻踪追迹,地跨三省,最终锁定当年冒充小明盗窃摩托车的真凶,使案件真相大白。

  1. Defending An Innocent Defendant; Searching for the “Real Perpetrator”

  Xiao Ming, 16 year old boy from Fujian Province, was convicted of theft and sentenced to imprisonment by the People's Court of Wuyishan, Fujian province in January 2006. Xiao Ming had been living in Chongqing Province and had never even visited WuyiShan. Immediate questions arose: what was the basis of the People’s Court in convicting Xiao Ming? How did such injustice come into play? Who was the “real perpetrator” of the crime?

  From late March to the end of June in 2006, our lawyer Wu Qideng provided legal assistance to Xiao Ming. After thorough investigation, Wu came to the conclusion that Xiao Ming innocent. Wu conducted extensive research, interviewed key witnesses, and applied to court twice for the transfer of evidence. Faced with abundant evidence proving Xiao Ming’s innocence, the People’s Court of WuyiShan overturned its decision, and pronounced Xiao Ming innocent. At the same time, Wu used evidence collected throughout the case, traveled across three provinces and hunted down the ‘real perpetrator’.

  2.少年惨遭电击伤 追根溯源电力公司责任难逃

  安徽颍上县某中学17岁男孩小刚和母亲去看望舅母,舅母是租赁的房子,小刚发现房东的平房房顶可以顺着楼梯上去,因为不知道有高压线等危险情况,就爬上去了,却不想被高压电击伤。经两次转院治疗,虽保住了性命,但右手残废,经鉴定为五级伤残。小刚家人、学校都积极与高压线所属安徽某电力公司协商,但电力公司拒不赔偿。

  后来安徽郑秀军律师为小刚提供了法律援助,在起诉之前,郑律师到事故现场调查,并主动找电力公司希望调解未果,只好提起诉讼。这起案件经安徽阜阳中院一审、省高院二审,在郑律师的努力下,小刚总共获得了30余万的赔偿,并考入了湖北大学。

  2. Electrocution victim; Power Company to bear Full Responsibility

  17 year old Xiao Gang from Anhui Province went to visit his grandmother and was electrocuted by high voltage cables in the rented flat. Xiao Gang survived after numerous hospitalizations, but lost the use of his right arm and was severely disabled. Despite negotiations, the power company refused to compensate Xiao Gang.

  Cheng, a lawyer from Anhui provided legal representation for Xiao Gang. He visited the site and collected evidence, initiated a meeting with the power company with the aim of settlement but was rejected, and thus filed a lawsuit against the power company. First Instance and Second Instance Court held that the power company was fully responsible and ordered a compensation of RMB300,000 to Xiao Gang.

  3.飞来横祸儿童掉入火坑被烧伤 律师法官倾情帮助后续治疗有保障

  2006年11月3日上午,9岁的陕西兴平某村小学生小辉放学回家时不慎滑入路边一麦糠火坑里被严重烧伤。该麦糠火坑是陕西某公司及同村的张某所倾倒。在第一次诉讼中两被告赔偿了小辉前期治疗费等6.2万余元。但孩子的后续治疗费用问题仍然没有解决,孩子父亲只好又提起了诉讼。

  陕西金镝律师事务所陈增社律师为小辉提供了法律援助,陈律师针对案情及时确定伤残鉴定时机,又根据鉴定结论、法律规定、责任承担比例准确确定请求赔偿数额。功夫不负有心人,法庭几乎全部采纳了陈律师的意见,判决两被告再赔偿小辉3万余元,支持了小辉的精神抚慰金3000元,小辉的后续治疗费用有了保障。法院判决下发后,双方当事人均表示服判,陈律师又积极与主审法官沟通,督促被告及时履行判决。经过律师和法官的积极协调,两被告都及时支付了赔偿款。

  3. Burnt by Furnace, Lawyers and Judges negotiate for Long-Term Follow-Up Treatment

  On 3 November 2006, 9 year old Xiao Hui from Shanxi Province was on his way home from school when he slipped, fell into a nearby burning dumping pit and was severely burnt. The fiery pit belongs to a Shanxi company and fellow villager Zhang. In the first lawsuit, the two defendants paid a compensation of RMB6.2 million but this amount was insufficient to cover Xiao Hui’s follow-up treatment. Xiao Hui’s father then filed another lawsuit against the two defendants for costs.

  Chen of Jin Di Law Firm, Shanxi Province was the lawyer in charge of the case, and provided legal assistance to Xiao Hui. Chen took into account the extent of suffering caused to the child, relied on legal arguments and legal regulations, determined the contributory responsibility to be borne by each party, and submitted a lawsuit for further compensation. Chen’s hard work finally paid off; the court adopted almost all of Chen's submission, and held the two defendants responsible for a further compensation of RMB 3million to Xiao Hui, and granted Xiao Hui RMB3,000 for psychological damages. The two defendants agreed with the court order, and Xiao Hui was guaranteed costs for follow-up treatment. Throughout the litigation process, Chen also actively communicated with the judge to urge the timely implementation of decisions. Through the active collaboration of lawyers and judges, both defendants paid their compensation in a timely manner.

  4、同命为何不能同价 律师支招解难题

  群群跟随在湖北武汉打工13年的父母长期在一起生活,是农业户口。2005年5月15日年仅9岁的群群因发生车祸致8级伤残,而肇事的驾驶员除支付部分医药费外,对其他损失拒绝赔付。

  湖北光年律师事务所董方国律师为群群提供了法律援助,将驾驶员所属运输公司、保险公司都告上了法庭。董律师认为群群长期在武汉生活,并在武汉市某小学读书,就应按城镇居民标准赔偿。为此,董律师找法律依据,找事实证据,收集相似案例。在充分的事实法律依据面前,一审、二审法院完全采纳了董律师的意见,群群获得了6.3万余元的赔偿。

  4. The Fight for Equal Compensation; Lawyers overcome Difficulties to Resolve Problem

  9 year old Qunqun lived with his parents in Wuhan city, Hubei Province. His parents were from the rural areas, with an agriculture household registration, and had moved to Wuhan city for work for 13 years. On 15 March 2005, Qunqun was in a car accident and suffered severe injuries. The driver responsible agreed to pay only part of the medical expenses, but refused to compensate other losses.

  Tong of Guangnian Law Firm, Hubei Province agreed to represent Qunqun, filing a lawsuit against the driver’s company and the insurance company. Tong submitted that because Qunqun had lived in Wuhan city for a long time, and was attending school in Wuhan city, he should receive compensation in accordance to Wuhan city’s standards, and not according to his agricultural household registration standards, which are significantly lower than city standards.

  Tong collected extensive factual evidence and case law to support his case. Persuaded by solid legal evidence, the First Instance Court and Second Instance Court accepted all of Tong’s submissions, and awarded a compensation of RMB 6.3 million to Qunqun.

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