The families of the victims of China Eastern Airlines were compensated (what does the compensation amount mean)

The families of the victims of China Eastern Airlines received compensation

How much compensation can the families of the victims of the China Eastern Airlines MU5735 air crash receive? Generally speaking, after an air accident, the compensation that family members can receive mainly consists of two parts: one is the compensation borne by the airline, and the other is the compensation from the insurance company.

Compensation for passengers’ carry-on luggage and checked luggage: The regulation was established in 2006. At that time, taking into account the economic development situation, it was stipulated that passengers’ carry-on luggage could be compensated up to 3,000 yuan, while checked luggage The maximum compensation you can receive is 2,000 yuan.

Insurance compensation: The amount is 20 yuan. In fact, there are many insured items. Regarding compensation for personal injury or death, different airlines provide different compensation, but the minimum is 400,000 and the maximum is 1 million. Some airlines stipulate that a premium of 20 yuan will compensate you 400,000 yuan, but you can purchase insurance cumulatively, with a maximum compensation of 2 million yuan. At the same time, this kind of insurance is generally a one-time policy, starting from the moment the policyholder boards the plane and ending when he leaves the plane, and is limited to compensation for personal injury or death of passengers. In addition, if the accident investigation is completed in the future and it is confirmed that the crash was caused by a Boeing aircraft, Boeing will also have to pay compensation.

Insuring commercial insurance: Commercial insurance varies from person to person. Some people usually have a strong awareness of insurance, so they will insure a variety of commercial insurances. The more common one is accident insurance, and the compensation of accident insurance The amount varies depending on the premium. Generally speaking, if the annual premium is 100 yuan, you can receive about 500,000 yuan in compensation in the event of an aviation accident; while if the annual premium is 200 yuan, you can receive about 1 million yuan in compensation in the event of an aviation accident.

Compensation from the company: When taking a plane, some passengers are going home, some are traveling, and there must be some who are on business or company business. If you are on a business trip for work or have an accident, these are all covered by work-related injury insurance. Therefore, if a passenger is traveling for work, the passenger’s family members can also receive a work-related death benefit.

What does the compensation amount mean?

The 14 compensation amounts represent the compensation received by the 14 families of the victims/strong

3·21" China Eastern Airlines The compensation work for the air crash has been officially launched. The compensation for the victims of this air crash has three parts: the first part is the insurance compensation, the second part is the airline compensation, and the third part is the liability compensation. This part belongs to the insurance company and is paid to the purchasing individual. For victims of commercial insurance, these 14 compensations were given to 14 customers, not all of them.

Corresponding compensation means that when you damage something, you should compensate others for it. The value brought by something, and this value must be equal to the thing. It does not mean that if you break someone else’s thing, and then the other person’s thing is broken, you have to pay less to others. This This is not possible, because you damaged other people’s things in advance, so you should compensate others for the corresponding losses.

Receive compensation for unjust cases

Forty years ago, I was detained for 7 years in an unjust case, and the compensation was approximately 100,000 yuan. More than 800,000 yuan, depending on the circumstances.

If an unjust, false or wrong case infringes upon a citizen's personal freedom, the compensation standard is, and the daily compensation is calculated based on the national average daily wages of employees in the previous year. If the employee is injured, medical expenses and nursing expenses shall be paid, and compensation for loss of income due to missed work shall be paid. If death is caused, death compensation and funeral expenses shall be paid, with a total amount of twenty times the national average annual salary of employees in the previous year.

The Criminal Complaints Procuratorate of the Supreme People's Procuratorate issued a notice on May 15, 2019, requiring the people's procuratorates at all levels to implement the new daily compensation standard of 315.94 yuan when handling state compensation cases for which they are the agencies responsible for compensation. .

Article 33 of the "State Compensation Law of the People's Republic of China" If a citizen's personal freedom is infringed, the daily compensation shall be calculated based on the average daily salary of the national employees in the previous year.

"Based on the above-mentioned legal provisions, statistical data and the calculation formula of the average daily wage provided by the Ministry of Human Resources and Social Security, for cases of state compensation that infringe on citizens' personal freedom, the Criminal Complaints Procuratorate of the Supreme People's Procuratorate determined the new daily compensation standard to be 315.94 yuan. Third Article 19 The statute of limitations for a compensation claimant to request state compensation is two years, starting from the date when the claimant knew or should have known that the actions of state agencies and their staff in the exercise of their powers infringed upon their personal rights and property rights. However, during the period of detention or other restrictions on personal freedom, Not included in the calculation. If a claim for compensation is made together with an application for administrative reconsideration or administrative litigation, the relevant statute of limitations provisions of the Administrative Reconsideration Law and the Administrative Litigation Law shall apply. If there are other obstacles to exercising the right of claim, the statute of limitations shall be suspended from the date when the reasons for suspending the statute of limitations are eliminated. Article 40 The statute of limitations for foreigners, foreign enterprises and organizations shall continue to be calculated within the territory of the People's Republic of China. If the State of the People's Republic of China requires compensation, this law shall apply. The country to which foreigners, foreign enterprises and organizations belong does not protect the rights of citizens, legal persons and other organizations of the People's Republic of China to demand compensation from the State of that country. or restrictions, the People's Republic of China shall implement the principle of reciprocity with the country to which the foreigner, foreign enterprise and organization belongs.

A plane crashed today

1 Global Airlines. There is no 737 aircraft.

2 Due to the limited size and passenger capacity of the 737 aircraft, it cannot meet TWA's operational needs, so the airline chose other types of aircraft.

3 TWA's fleet mainly includes large wide-body passenger aircraft such as Boeing 777, 787 and Airbus A330. These aircraft have larger passenger capacity and range and can better meet the airline's operational needs.

Wrongful conviction and compensation

In 2003, Zeng Aiyun was involved in a murder case and served 12 years of unjust imprisonment. Now he is dissatisfied with the compensation he received and believes that the compensation of 1.27 million yuan is far from his 2.94 million yuan. The application gap was too far. He thought he had a relatively ideal future, but his life path was overturned due to the wrongful death penalty, and he suffered more than ten years in prison, which caused serious damage to his body and mind. The mental damage compensation was about 2 million yuan. However, the court only awarded more than 329,000 yuan in compensation for mental damage. Zeng Aiyun was not satisfied with the compensation for his unjust imprisonment. He would not even ask for a compensation decision, hoping that the court would file a lawsuit. Support his request for 2 million yuan in compensation for mental damage.

Yesterday, Zeng Aiyun, the protagonist of the 12-year-old murder case of a graduate student at Xiangtan University, received 1.27 million yuan in state compensation from the Xiangtan Intermediate People’s Court. It is understood that Zeng Aiyun did not accept the result. Not satisfied, he plans to appeal to the Hunan Provincial High Court tomorrow.

On the evening of October 27, 2003, Zhou Yuheng, a 2002 graduate student at Xiangtan University, was killed in Room 308 of the South Building of the Engineering Department of the same school. Zeng Aiyunhe, a 2003 graduate student at the same school. Chen Huazhang, a 2001 graduate student, was detained.

After that, the Xiangtan Intermediate People’s Court sentenced Zeng Aiyun to death three times in September 2004, December 2005, and June 2010. But Zeng Aiyun firmly believed that she was innocent and never gave up her appeal. On July 21, 2015, the Xiangtan Intermediate People's Court retried the case and announced that Zeng Aiyun was acquitted due to insufficient evidence.

On November 12 this year, Zeng Aiyun submitted an application for state compensation to the Xiangtan Intermediate Court. Zeng Aiyun believes that he originally had a more ideal future, but his life path was overturned due to the wrongful death penalty, and he suffered more than ten years in prison, which caused serious damage to his body and mind.

In addition, his mother suffered a huge mental blow due to the wrongful conviction and developed symptoms such as amnesia and insomnia. Therefore, he applied for state compensation of 2 million yuan in compensation for mental loss and injury. In addition to the personal freedom compensation of more than 940,000 yuan in accordance with national regulations, the total total is 2.94 million yuan.

Yesterday afternoon, the Xiangtan Intermediate People’s Court made a decision on state compensation for Zeng Aiyun. The court satisfied Zeng Aiyun's request for compensation for personal freedom of more than 940,000 yuan, but only awarded Zeng Aiyun more than 329,000 yuan in solitary compensation for mental loss and injury. In addition, the compensation for the seized mobile phone was 2,200 yuan, totaling more than 1.27 million yuan. .

At the same time, the court is willing to eliminate the impact of the infringement, restore his reputation, and apologize to Zeng Aiyun within the scope of the infringement.

The compensation amount of 1.27 million did not meet Zeng Aiyun’s expectations. He said that he was preparing materials and expected to file a lawsuit with the Hunan Provincial High Court tomorrow, hoping that the court would support his request for 2 million solitary payments for mental losses.

Case history: In September 2003, Zeng Aiyun was admitted to Xiangtan University as a graduate student. He did not expect that his graduate school life would come to an abrupt end after only 57 days. One month into the school year, he met his classmate Li Xia at a tutor selection meeting, and the two quickly fell in love with each other. At this time, Li Xia was breaking up with Zhou Yuheng, who had been in love for many years.

On October 27, 2003, Zhou Yuheng called Li Xia and told her that there was something wrong with Zeng Aiyun's life style. Zeng Aiyun called Zhou Yuheng to explain. Zhou Yuheng said that he had a mental breakdown because of Li Xia's departure and could not live without Li Xia. Zeng Aiyun said that she was willing to return Li Xia to Zhou Yuheng.

Later, the court verdict showed that at about 8 o'clock that night, the three people met and negotiated in the library. When they met, Zhou Yuheng was helped down by his classmate Chen Huazhang. Prior to this, Chen Huazhang had already crushed and dissolved the diazepam tablets prepared in advance and put them into Zhou Yuheng's tea cup.

Zeng Aiyun thought that Zhou Yuheng's abnormality was a sign of "mental breakdown". He put Li Xia's hand on Zhou Yuheng's hand, signaled for them to reconcile, and then turned and left. Unexpectedly, Li Xia finally followed, and Zhou Yuheng also returned to the dormitory with the support of Chen Huazhang. At about 11:40 that night, Zhou Yuheng's body was found downstairs in the engineering department.

The verdict changed several times and he was sentenced to death and was finally released due to insufficient evidence

From the meeting at around 8pm to the death of Zhou Yuheng, what happened in these three hours was a 12-year journey Questions that have no answers. After the incident, Chen Huazhang claimed to have witnessed Zeng Aiyun murder. However, police investigation also revealed that Chen Huazhang was jealous of Zhou Yuheng because Zhou Yuheng was favored by his mentor, and there was also a motive for the murder. The police determined that Zeng Aiyun and Chen Huazhang were seriously suspected of killing Zhou Yuheng.

The day before the incident, Zeng Aiyun was still busy with his work-study program. His family is not well off. In addition to his daily studies, he has to work on construction sites and as a teacher at Xiangtan Advanced Technical School to maintain his daily expenses. At that time, Zeng Aiyun had excellent academic performance and strong personal abilities. He was the chairman of the student unions of four departments of Xiangtan University. He was ambitious for the future. But all his hopes disappeared after October 27, 2003.

In September 2004, the Xiangtan Intermediate People's Court sentenced Zeng Aiyun to death and Chen Huazhang to life imprisonment. What followed was a long prison life. When she first entered the detention center, Zeng Aiyun was not used to interacting with the people inside. At that time, he also wrote to the relevant departments, "It doesn't matter how long I stay here, or even if I die inside. But you must give me a clean slate." However, he did not receive a reply.

For 12 years, the word "hope" has been appearing and disappearing around Zeng Aiyun, and his mood fluctuates with each verdict. In December 2005 and June 2010, the Xiangtan Intermediate Court sentenced Zeng Aiyun to death and Chen Huazhang to life imprisonment respectively.

After several results upholding the original verdict, Zeng Aiyun tried to commit suicide several times in the detention center, but failed. Along with the mental blow came a complete breakdown of the body's defenses. Zeng Aiyun recalled that as soon as the temperature in the detention center became slightly colder, she would start to shiver all over. In those years, he took all the cold medicines in the detention center, including Gankang, Baijiahei, etc., and took intravenous drips three times a week, but he didn't feel any better. "For the first time, I felt like I was going to die there," Zeng Aiyun said.

Later, he learned on the TV in the detention center that the unjust cases of Zhao Zuohai, Zhang's uncle and nephew had been prosecuted one after another, and Zeng Aiyun seemed to see his own hope. He began to exercise consistently in prison and his body began to slowly recover. Finally, he waited for this day. On the 4382nd day in the detention center - July 21, 2015, Zeng Aiyun was acquitted due to "unclear facts and insufficient evidence." It was clear that Chen Huazhang was guilty of intentional homicide and was sentenced to life imprisonment and deprived of political rights for life.

Zhong Zhiyuan, Zeng Aiyun’s defense lawyer, told reporters that during Zeng Aiyun’s detention, trial, and sentencing, newspapers, television and other media repeatedly mentioned the case of “Xiangtan University graduate student strangulating fellow student” and “Ma Jiajue’s second death”. ” and other reports, which had an impact on his reputation nationwide.