Silicon Valley IT companies are strong woman to do Tomorrow

Silicon Valley IT companies are strong woman to do A Better Tomorrow Time :2006-10-13 07:00 Source: Sina in the Silicon Valley high-tech world, has always been a male protagonist. If someone can gentle women with high-tech combination of dry, and that the Genesis is a masterpiece. However, in the hot Silicon Valley, on the birth of a hero and a heroine, although they are still few and far between, but they dominated the industry, is to make A Better Tomorrow. Hero of the times, this is not fake. This year, IT sector and the emergence of some rising star, such as Intel's vice-CIO Sandra - Morris (Sandra Morris), Oracle Chief Security Officer Mary - Yan - David Dodson (Mary Ann Davidso n) and Yahoo CFO Susan - Decker, and so on. To promote equality between men and women in modern society, more and more women have started from behind the scenes to center stage in the field of IT as the story unfolds in the first leg. In that case, in the highly competitive, very volatile situation changing IT industry, these young women have what it bring us any surprises? A lens: the success of new sales network of front Sandra - Morris last year, up 80% of Intel 22,800,000,000 U.S. dollars of orders through the network. In addition to the network giant Cisco, the company no longer be able to catch the second chip leader Intel's sales network to achieve the feat. The great merit of the unsung heroes is Intel's vice-CIO Sandra - Morris. From the beginning of 1997, she proposes to develop a sales network front, leading to the virtual world, then three short years, she has changed the traditional semiconductor giant's sales, a whole network of sales model. In addition to these, she also leads the staff in 2000, through a variety of ways to predict the future trend of the market, the market opportunity; with suppliers, customers keep in close contact to build good customer groups. The results of her efforts for all to see, excellent performance. According to Intel, since the company's business networking, after all. Company sales more than a week to 10 hours to carry out exchanges with customers. In addition, Intel is estimated that 2002 sales network for the company to save 5 billion dollars in spending than the production of chips also make money faster, Intel's image in calling it the electronic manufacturing. Long a pair of big-eyed 48-year-old Morris said loudly: "It was a huge change. This is our way forward." Sandra - Morris grew up along with technology, the United States and graduated from the University of Delaware, By science and technology education degree. After graduation, she was engaged in education, the 1980s early, so that the fate of Sarnoff Corporation (formerly American radio Sarnoff Research Laboratory) eyes on her. Here, she has created a new audio-visual technology. In 1985, Intel acquired Morris of the new technology. After 10 years, she was active in the Intel Corporation, gradually emerge. By 1997, her career a major shift from a technical manager into a business manager in charge of Intel's market network, responsible for the beginning of construction of the chip giant's virtual network in the world. She not only set the agenda, but also related to the development of technical standards so that other departments can give each other orders and production information, for online business development laid the foundation. RosettaNet CEO Jennifer Hamilton said: "Sandra is a real good CIO." Second shot: Mary's safety first - Yan - David Dodson in the field of computer security to achieve their own goals, it is not An easy task. Mary - Yan - David Dodson Oracle as a security guard in the first officer, she realized its promise: Oracle unbreakable products, the company earned reputation. As the Chief Security Officer, and not just see what happens wrong, David Dodson had to engage in software development, design verification procedures for computer hackers. David Dodson led the hundreds of Oracle security experts through every line of software code to test the safety of its defense capability, and at any time to add loopholes in the software patch. David Dodson did not win the number of profit for the company, but she had to ensure the safety of products for government, companies and academia to provide a safe environment. In her performance, there is a way. She helped take the lead in the open source community has won critical to the increasing popularity of the Linux open systems security certification. Certification of these government agencies to adopt a prerequisite for open source. Young David Dodson did not think of the future will be engaged in computer work, University of California in the United States when the general level of the computer, she is also not satisfied with. After graduation, as a technician, she worked for the U.S. Navy for 7 years. Later in the United States access to the University of Pennsylvania's Wharton School MBA. In 1998, she entered the Oracle software, the Ministry of Finance to engage in market development, the task is to sell to the government accounting software. This software is good security requirements. Since then, she and security tied together. Although she is no safety Background, but she has a strategic vision. When Oracle issued a "unbreakable" slogan, she mobilized her staff to improve the safety threshold. This requires rigorous testing of many products, change the code of the program has been arranged. She will ask a number of software developers do not want to answer the question of security, such as: Who has the right to view the data? How to ensure that the product is only authorized to enter? When the United States a number of high-level departments, such as the Pentagon are using the Oracle database, can be imagined, David Dodson shoulder much of the responsibility. However, their full confidence in her. Lens three: to win the respect of Wall Street Susan -德克尔德克尔from June 2000 to join Yahoo, after 9 months, let Yahoo's difficult life. , Decker saved a maturity of up to 9,000,000 of the advertising contract. In the past two years, Yahoo's earnings steadily over the past 8 months, the stock rose 200%. Lanny analysts - Baker (Lanny Baker) said: "Her aggressive, financially dare to tell the truth, an increase of the transparency of Yahoo Finance." Decker at Yahoo to do so before 14 years of economic analysis, She home-like experience to apply to the Internet on the assessment of the economy. When the "comprehensive evaluation" and "a viable e-commerce transactions," such terms determine the fate of Yahoo, she also introduced two terms: "The income of individual users" and "individual income employees." She also allow employees to become financial experts, to understand each break in play what role. Now, employees of the "users per capita income," so the concept of knowledge. Yahoo commodity trading, marketing director Rich - have Ge Wei (Rich Godwin) said that the staff know how much of each product to generate EBITDA (earnings before interest, tax, depreciation and revenue sharing before), all thanks to Dirk Seoul. Even so, Decker is not the kind of its own CFO, and she's often high-level deliberations. In 2001, she lobbied to allow Yahoo to join the Qiuzhi Wang HotJobs.com. The site of the highest revenue reached 435,000,000 U.S. dollars, analysts predict the site in 2003 for income-generating Yahoo 80,000,000 U.S. dollars. In addition, shares of Decker also have a deep research excellence and quickly come to the fore, "institutional investors" Journal of 6 analysts ranked number one. But she was not satisfied with just making the stock, looking to the Internet, Yahoo, the Internet has become her career, the first post. When that professional experience, Decker was a gender pressure, but she said that any resistance can impede her ability to play their own smart. She said: "I do not consider these issues. Every morning I think of how we will achieve success." IT in this magical land, women not only to prove their abilities, but also a model for other women. They not only contribute to the excellent performance of the other women on the IT industry to raise interest, but also for other women in their career a clear direction. We believe that in the near future, IT industry will be more Girls emerged in Haojie.

Central Academy of Fine Arts girls difficult medical lawsuit

Chou Derun sued three medical units About the case Qiu Ying-hong of the Central Academy of Fine Arts graduates as a result of poisoning death of dichlorvos, Qiu Ying-Hong Chou Derun request father held her common-law criminal Su Qingfu, but the public security authorities considered suicide. Chou Derun turn sued the Su Qingfu, requiring that their civil liability, but the Court of Haidian that the Department of hatred is suicide, Su Qingfu not bear civil liability. Chou Derun appeal, a Beijing Haidian People's Court upheld a court decision, the appeals Choude Run to the Beijing High Court was also dismissed. In June 2003, Chou Derun turn sued the Department of enemies to rescue three medical units to take on civil liability lawsuits in the courts as long as Beijing West Side for more than two years in November 2005, Chou Derun Jin Xiaoguang, please change lawyers, in 2005 soon Dec. 29 Beijing Xicheng Choude Run in the first instance court decision in favor of, but unfortunately the court only sentenced Chou Derun western part of the win. Court trial, three medical units have argued that their responsibility to do the rescue, no fault of their own, Qiu Ying-hong Department of suicide, that he should not bear civil liability. Beijing Xicheng Court of First Instance ruling of the Air Force General Hospital does not bear civil liability, ruling Beijing and the Beijing Emergency Center Yu-day Hospital (formerly Royal Garden Hospital) is at fault, bear part of the civil liability does not bear civil liability for all the reasons for the hatred is the Department of organophosphate poisoning, Department of suicide. Chou Derun appeal against the Beijing First Aid Center, also filed an appeal. In the second instance trial in a Beijing hospital to carry out. The focus of this case is: 1, suicide, three separate hospitals should bear civil liability? Is part of the responsibility or the responsibility of all? What is the basis? 2, Air Force General Hospital is at fault? Should bear civil liability? Beijing Intermediate People's Court in a court of second instance, the court had a heated debate. Air Force General Hospital, argued that his right to save the program, the treatment results, the transfer is not at fault, not force their patients. The issue of medical records, is the result of patient, medical records do not save. Beijing First Aid Center, said he closely monitored by the patient's condition during the transportation of phosphorus will be given to understand where he is not a treatment is not, but actively taken part in the treatment, and only 8 minutes will be sent to the imperial Yuan Ying-Hong Qiu hospital, without their own fault, do not agree Western part of the court decision on Civil Liability for themselves. Yu-day Beijing Hospital (formerly Royal Hospital Court) argued that their responsibility to do the rescue, no fault of their own, the Department of revenge suicide, the Public Security Bureau has identified the conclusion that he should not bear civil liability, at the same time that West agreed to the Court's ruling. The three medical excuse correct? Beijing Xicheng court decision to shoulder part of the medical civil liability but not all correct? Please look at Beijing Xicheng Court verdict and Jin Xiaoguang at Beijing Intermediate People's Court a court of second instance of the word agent. Beijing Xicheng District People's Court Civil verdict (2003) Beginning of the Republic of the West 6326, the first word Chou Derun plaintiff, M, Nov. 2, 1937 birth, Han, Liaoning Academy of Surveying and Mapping in the first retired engineer, address: slightly Jin Xiaoguang agent, the Beijing Jing Ding law firm lawyers. Zhao Ruixiang agent, the Beijing Jing Ding law firm trainee solicitor. Single plaintiff Zhiying, F, June 27, 1945 birth, Han, Jinzhou City, Liaoning Province, retired hospital nurse in the second division, address: slightly Chou Derun agent with the plaintiff PETROFER points. The defendant the People's Liberation Army Air Force General Hospital, home to Fuchengmen Road, Haidian District, Beijing on the 30th. The legal representative of LIU Fu-xiang, president. Liu Yuan agent, M, director of the Chinese People's Liberation Army Air Force General Hospital, address the same unit. Wanxin agent, Hua Wei, Beijing law firm lawyers. Accused Beijing Emergency Center, home to the front door Xicheng District, Beijing, 103 West Main Street. The legal representative of Yong-Chun Zhao, director. Wang Kairong agent, M, the Beijing Municipal Hospital researcher at the Institute of Management, address the same unit. Korean agent Shutang, M, director of the Beijing Emergency Center, address the same unit. Yu-day Beijing accused the hospital, home to Xisan Qi, Haidian District, Beijing East Road, Building 16, 26. Official Ma Yan Fang, president. Hong-Qi Li agent, the Beijing law firm lawyers in relief. Chou Derun plaintiff, the defendant and one-Zhiying Beijing First Aid Center (hereinafter referred to as first-aid center), the People's Liberation Army Air Force General Hospital (hereinafter referred to as Air Force General Hospital), Yu-day Beijing Hospital (hereinafter referred to as Yu-day hospital) infringement dispute case, the Court Accepted, the composition of the Full Court in accordance with the law, the court conducted a hearing in public. Chou Derun representations to the plaintiffs in this case and Jin Xiaoguang, Zhao Ruixiang, the plaintiffs agent Choude Run Single Zhiying, Air Force General Hospital for representations Liu Yuan, Wan Yan, Wang Kairong representations to the emergency center, Han Shu Tong, Hong-Qi Li Tian-yu hospital for representations in court Took part in the proceedings. The case is now the end of trial. Chou Derun plaintiff alone Zhiying claims in 1996, the night of September 8, we Yinghong hatred of women in their place of residence services dichlorvos poisoning, Qiu Ying-Hong Su Qingfu boyfriend and others will be sent to the Department of hatred of the Air Force General Hospital, Air Force General Hospital to take an active treatment , A reasonable program, the results so that the enemies of the Department of the disease has been effectively controlled, but the Air Force General Hospital in the Department of hatred out of danger yet, contrary to "the hospital system" and "Regulations on the Work of the hospital" on the dangerous phase of the first-aid Hospital patients should be disposed of, for transfers should be in stable condition after the danger or to transfer, will be critical emergency patients transferred Ying-Hong Qiu, and prior contact with the hospital. At the same time, Air Force General Hospital, determined to send home to Qiu Ying-hong whether their family members, and did not provide medical records. The defendant first-aid center of the Air Force General Hospital, regardless of the block, without the consent of their families will be critically ill patients from the medical Ying-Hong Qiu better Air Force General Hospital, China Medical Foundation to the Imperial Court in Beijing Haidian Hospital (hereinafter referred to as the imperial Yuan Hospital Medical Foundation), Goes against the "system of hospitals," the relevant provisions of the transportation of patients and is not used in the ambulance, not in transit to the Department of hatred for any medical treatment, the Medical Foundation Queen Hospital Court did not detail the record of the disease. In critical condition for the Department of hatred should not be carried out dialysis treatment, nor did the families of the signature. In the course of treatment, Qiu Ying-lung edema and congestion, precordial 4 pinhole puncture, the inside of the left thigh with a pinhole and the Department of hatred in the body without injury before the transfer, transfer after the formation of multiple trauma, these are the Medical Foundation Imperial Court improperly hospital. Medical Foundation and the Royal Court, Qiu Ying-Hong dead at the hospital, the blood still flows, will put them in freezers. All in all, three of the accused in the treatment of Qiu Ying were in the process of the existence of the fault, the prosecution accused the three requirements of economic compensation for loss of 1, since Choude Run from September 1996 to November 1997 loss of working time of the loss of 15,707 yuan, one-chi from the United Kingdom in September 1996 to June 2000 loss of working time of the loss of 8878 yuan. 2, we have to deal with compensation for funeral Ying-Hong Qiu and paid 30,550 yuan accommodation, transport costs 32,788 yuan, since September 9, 1996 since Qiu Ying-hong mortuary fees of 160,000 yuan, 50,000 yuan for cremation fee and the spirit of the solatium 200,000 yuan, Compensation for the death of 312,756 yuan. The defendant argued that the Air Force General Hospital in 1996, the night of September 8, the daughter of two plaintiffs as a result of Qiu Ying-Hong dichlorvos poisoning by his friend Su Qingfu I sent to the hospital for medical treatment. Qiu Ying-hong of the hospital had a positive right treatment, Qiu Ying's condition has been effectively controlled. Su Qingfu after the transfer of patients will require treatment, and to contact the hospital. Hospital doctors discourage many invalid. At about 3 am the next day, first-aid center for the ambulance crew arrived at our hospital, taking into account the emergency center in our city is only a three-level Emergency Medical professional organizations, for a variety of emergency rescue, treatment with a more professional experience, coupled with To discourage invalid, I shall not allow emergency hospital patients will be taken away. I think that hospital patients to the hospital after the hospital's clinic is timely, not the fault of the activities of clinics, and does not constitute infringement, and to transfer patients, and is not responsible for the hospital. Out-patient medical records on the issue of custody, regardless of past or present, "Ordinance on Handling Medical Accidents" are provided for out-patient medical records kept by the patients themselves. The plaintiff cited two "hospital system" did not require hospital out-patient medical records must be kept, so I do not agree with the plaintiff hospital two of the claims. The defendant argued that the First Aid Center, at 2:00 on Sept. 9, 1996 3 hours, I received 120 calls for assistance Center, requested the Air Force General Hospital Paiche to transfer the patient to the emergency room, I at the Center 2:00 pm 5 ambulance And the medical staff, 2:15 Air Force General Hospital in an ambulance arrived. Due to the relationship between Qiu Ying-Hong Su Qingfu people strongly demand that the transfer and is responsible for signing by the Air Force General Hospital, doctors agree, as well as medical institutions to agree to receive, I ambulance center in the whole 3:00, 3:00 to 8 pm will be sent to the Department of Medicine Qiu Imperial Court Hospital Foundation. I think Center, is the act of transfer of patients should be the relationship between people and strongly demand that the Su Qingfu carried out, the transfer process, Qiu Ying-Hong stable condition does not appear adverse consequences, I have no center of conduct contrary to the national health management laws and administrative regulations, departmental regulations and medical care Norms and practices, the Department of hatred and death, I transshipment center acts without any cause and effect, the two do not agree with the plaintiff's claims. Tian Yu argued that the defendant hospital, I renamed the hospital before the Medical Foundation Hospital in the Imperial Court on September 9, 1996 of organophosphate poisoning patients were treated Ying-Hong Qiu, the hospital in a very urgent situation to take positive measures to health care, as a whole Rescue process is not in violation of health regulations and administrative regulations, departmental regulations, did not care clinics in violation of norms, conventional, but did not result in physical harm patients, patients with organophosphate poisoning death is the primary natural disease prognosis, there is no medical Fault, so the two do not agree with the plaintiff's claims. After trial: two plaintiffs Department of the relationship between husband and wife. September 1996 8th, 11 am, two of the female plaintiff in the Department of hatred (a little home) to take pesticide dichlorvos, when the two plaintiffs in the field to live with her common-law Qiu Ying-Hong Su Qingfu found after the air force sent to the General Hospital For emergency treatment, the Air Force General Hospital of the Department of hatred given timely treatment, the treatment of the normal procedure, a reasonable program, the results. 2:00 the next day or so, Qiu Ying-Hong Su Qingfu suggested that the treatment of transfers, to that end, Air Force General Hospital, doctors have come forward to stop the void. In November 2001, two plaintiffs in the Beijing Haidian District People's Court of Su Qingfu personal damages filed against the plaintiffs on two of Beijing Haidian District People's Court against the decision, appeal to the Beijing First Intermediate People's Court in Beijing Municipal First Intermediate People's Court (2002) in a final public words, the entry into force of the verdict in 6622 that: "in December 2001, Chou Derun alone Zhiying prosecution to the trial court, said Qiu ... ... were sent to the Department of the Air Force General Hospital, in a timely manner Rescue condition has improved, blood pressure, pulse has been normal, but all of a sudden in the late Su Qingfu 2:00 am and 3 first-aid center in Beijing, with the first aid center for an ambulance to the Department of hatred will be forced to open private hospitals of the Royal Court. Air Force General Hospital doctors stopped twice, Su Qingfu to the patient's family medical emergency in the name of the signing of the 'transfer took place after at your peril' and adhere to the transfer. " After first-aid center in accordance with the request of Su Qingfu, and the bus link will be sent to the Medical Foundation Qiu Ying-Hong Huang Yuan Hospital. According to the Center for pre-hospital emergency first-aid case records, first-aid center in 2:00 4 received instruction, 2:00 5, 2:15 arrived at the scene, leaving the scene 3:00, 3:00 8 minutes to reach the destination, 4 When they return. Su Qingfu in the case record reading "Qiu Ying-hong Department of patients with organophosphate poisoning, the total space in the treatment of atropine, the families of the transfer request, agreed to Huang (Yellow) Hospital Court line dialysis treatment." And signed. First-aid center in transit in the process of Qiu Ying-Hong Qiu did not Yinghong treatment. September 9, 1996 at around 7 pm, Qiu Ying-Hong condition had deteriorated and died after all rescue measures proved ineffectual Royal Court Hospital Medical Foundation. Hospital Medical Foundation Queen Court issued the death certificate of medical Ying-Hong Qiu said the cause of death for the "DDV severe poisoning, respiratory failure with heart failure." Ying-Qiu death, the public security organs on their cause of death was identified. September 19, 1996, the Beijing Municipal Public Security Bureau forensic tests to identify criminal Science and Technology Center, the report concluded that "hatred in line with the Department of organophosphate poisoning death." January 22, 1997, the Ministry of Science and Technology of criminal identification book that "the autopsy of the deceased see Qiu Ying-hong has left at the top of the scalp subcutaneous bleeding, his right arm and right leg soft tissue contusion, analysis of the Department of hatred with another person Sida, but the injuries were minor Enough to death; on the contents of the stomach of the deceased, blood, liver and lungs were found to carry out toxicology tests organophosphorus pesticide DDVP, is not found sleeping pills and other poisons, combined with the autopsy, in line with the Department of hatred organophosphorus pesticide poisoning death. Conclusion: Qiu Ying With organophosphate poisoning death. " Jan 27, 1998, the Beijing Municipal Public Security Bureau in the Ministry of Public Security, "Qiu Ying-Hong on the investigation of the death letter" has been clear, in view of the Haidian branch of the family of the deceased that suicide by taking poison for the Department of hatred against the conclusions, according to the requirements of the family of the deceased, In the family of the deceased invited to witness the relevant circumstances, the Council's forensic center, the Ministry of Public Security 2 of the two bodies of the dead were anatomy. Autopsy: Qiu Ying-hong of the deceased head and face no injuries, no abnormal brain tissue, eyes combined with congestive heart membrane, corneal opacity, not the pupil perspective, the mouth of the nasal cavity, no unusual external ear canal, the hyoid bone, thyroid cartilage fracture has not, lung edema , The size of a normal heart, blood flow like dark red, the stomach contents of 150 ml can be heard and to stimulate the special smell, can be seen bleeding stomach wall. Efforts of the deceased, stomach contents were detected in the organophosphorus pesticide DDVP, there is no element of sleeping pills, there are burning esophagus, there is no irrigation service esophagus caused by burning, the mouth of the deceased without the formation of forced fed with the corresponding traumatic. Qiu made against the family of the deceased who have Yinghong trauma of this situation, to understand the doctor in charge of the rescue, sent to the deceased in the hospital with injuries, as a result of transfers, and mobile treatment process with the potential to cause minor injuries. According to the above, the Department of the Department of hatred can be found in the absence of violence, coercion of the oral pesticide dichlorvos, died as a result. Ying-Qiu death, to deal with the aftermath of the incident, Chou Derun unit in Liaoning Province Academy of Surveying and Mapping in the first loss of working time deducted from their pay 15,707 yuan, Zhiying single unit in Jinzhou City, Liaoning Province, the second hospital loss of working time deducted from their pay 8878 yuan. Since the Sept. 9, 1996 from the Department of hatred in the body of the Armed Police General Hospital to the present day, Chou Derun alone Zhiying mortuary fees should be paid 160,000 yuan. Litigation, the two plaintiffs requested that the three defendants for compensation for transportation, an accommodation, did not provide appropriate evidence. Proceedings, Air Force General Hospital, said medical records to the days of Yu and Su Qingfu Hospital Medical Foundation Hospital in the Imperial Court to save Ying-Hong Qiu course of medical treatment does not exist a fault, did not provide evidence. Proceedings, Chou Derun alone Zhiying Court made a request to the Air Force General Hospital, Emergency Center, Medical Foundation Queen Court hospitals for medical treatment medical technology to identify, after Yu-day hospital can not provide at that time to save the patient's medical history Result can not be identified. Another investigation, the Medical Foundation Hospital in Royal Court on December 28, 2001 to the Haidian District Health Board to apply for name changes for the Beijing Yu Fang Yuan Emperor Hospital Medical Research Institute (hereinafter referred to as the Institute of Emperor Yuan Yu Fang Hospital), in the Haidian District Health Bureau January 4, 2002 to the imperial Yuan Yu Fang Hospital Research Institute issued a "license to practice medical institutions." December 10, 2003, the imperial Yuan Yu Fang Institute of Health Bureau of Haidian Hospital also apply for name changes for the day Yu Hospital, Haidian District Health Board in March 10, 2004 to the Yu-day hospital issued a "license to practice medical institutions" . July 15, 2004, Yu-day hospital has made corporate business license. The above-mentioned facts, Chou Derun alone Zhiying provided by the Air Force General Hospital Department of hatred on the situation to save a copy of the note, emergency dispatch center ASTRI copy of the log before the first-aid, and photocopy records, the Medical Foundation Queen Court to prove a copy of the hospital, Haidian Proof copy of the Health Bureau. Su Qingfu of the Court of Haidian transcripts of the inquiry copies of the Medical Foundation Queen Court to change the name of the hospital copy of the application form, (2001) the first 13,158 words sea early Republican civil copy of the verdict, (2002) in a final public words 6622, the civil verdict Copies of the photo copy of the Foundation of Medical Royal Court, a copy of a receipt Hospital, the Beijing Municipal Public Security Bureau (1998) 3 copies of the letter, a copy of the autopsy identification excerpts, a copy of the death of a medical certificate, first aid provided by the Center for Hospital Emergency Center Former emergency medical record copies of records, pre-hospital emergency Paiche single copy of pre-hospital emergency transfers to send a single copy. Yu-day hospital provided copies of medical records, our survey notes, the Haidian District People's Court, Haidian District Health Bureau archival material, Xicheng District, Beijing Medical Association medical technology to identify the Office of the letter, the People's Armed Police General Hospital shows that in Liaoning Province in the first mapping Hospital shows that the city of Jinzhou in Liaoning Province in the second hospital, and other relevant evidence to prove the original and, statements of the accused, put on evidence. The Court considered that between doctors and patients as a result of the treatment of the issue of compensation arising from infringement disputes, medical institutions to bear civil liability for compensation for infringing on the premise that medical treatment and outcome of the damage between cause and effect relationship between medical institutions or medical care there are at fault. According to identify the fact that the plaintiff's two female Ying-Hong Qiu as a result of oral organophosphate poisoning was sent to the Air Force General Hospital for emergency treatment, the Air Force General Hospital to give a timely and effective treatment. Ying-Qiu not yet out of danger in the case, the transfer is made Su Qingfu, Air Force General Hospital has been aware of the possible consequences of transfers, and prevent that Air Force General Hospital performed on a patient goes home the obligations were. Su Qingfu not listen to dissuade the Air Force General Hospital, adhere to the transfer request, in this case, Air Force General Hospital patients and their families enjoy the respect of the right to choose medical institutions, agreed to carry out the transfer and the related procedures, Air Force General Hospital Acts of transfer had not made any mistake. Ying-Qiu time of the incident, both the plaintiff in the field, as Suqing Fu Ying-Hong Qiu and her boyfriend live with hatred in the name of the Department of families at risk of revenge to the Department of the Air Force General Hospital, in this case, Air Force General Hospital for their identity without further Review obligations. On the issue of medical records, the Court believes that the medical records of the Hospital for emergency treatment on the patient, the treatment process, such as medical records of written materials, is also a medical review to determine the existence of medical evidence of one of the major fault. Although the Air Force General Hospital did not provide the medical records of the Department of hatred, but the two plaintiffs in the court recognized in the Air Force General Hospital for treatment of the Department of hatred is rational, effective and timely manner, the two plaintiffs requested the General Hospital of the Air Force to assume liability without fault and the fact that the legal basis for . First-aid center on the question of whether there is fault, that the Court, by Qiu Ying-Hong Su Qingfu families in the name of the transfer is made to the Emergency Center, Emergency Center of the Medical Foundation Queen Court approved that Hospital Su Qingfu, at the same time signed a written opinion. As a result, first-aid center on the implementation of the transfer Qiu Ying-Hong Kong does not have improper conduct. But as a medical first-aid centers, in addition to the delivery of patient, whose main duty is to give patients timely medical treatment, Qiu Ying-hong in the Air Force General Hospital, although effective treatment, but when the transfer is not yet out of danger, first aid centers should not be interrupted for the Department of hatred Treatment. First-aid centers throughout the transfer process Ying-Hong Qiu did not take any measures for medical treatment, for which there is a certain first-aid center at fault should bear the liability. On the imperial Yuan Hospital Medical Foundation, the existence of the fault of the issue, the Supreme People's Court "on a number of provisions of civil evidence": as a result of medical tort litigation arising from medical institutions on the medical results of the damage and there is no causal relationship between the And there is no fault of the medical burden of proof. Medical Foundation Queen of the Court argued that the hospital has taken an active Ying-Hong Qiu medical measures to rescue the entire process, there is no violation of health regulations and administrative regulations, departmental regulations, there is no violation of the norms of medical care, conventional, not mentioned in its Court to provide relevant evidence, but also led to the identification of the work can not, should not bear the burden of proof. Therefore, in accordance with the law through no fault of their presumption. On the first-aid centers, medical foundations Imperial Court, through no fault of the hospital whether or not acts of hatred and the Department of the death of a direct causal relationship, that hospital, was killed by the hatred of the Department of the Beijing Municipal Public Security Bureau and the Ministry of Public Security Center, forensic science and criminal identification techniques are organic phosphorus Poisoning deaths, and as a suicide. It can be that first-aid centers, medical Imperial Court Foundation Hospital is not the fault of the act resulted in the death of Ying-Hong Qiu and direct cause of an inevitable, the two plaintiffs seek compensation for all losses, the Court not to support it. First-aid centers, medical foundations Imperial Court, through no fault of their hospitals conduct should bear the corresponding liability and compensation in accordance with the law both the plaintiff's loss of working time, burial and mortuary costs, compensation for the death of a reasonable part of the commitment by the hospital based on the proportion of fault The size, and in accordance with the relevant legal provisions to be determined. Mortuary fees on the issue of compensation, the Court should be calculated from January 22, 1997, when the second autopsy identified only. On the funeral expenses should be based on the same line Choi Kyung [1994] No. 2080 provides that the Chief and institutions after the death of staff costs to the disposal of the dead ... ... to 800 yuan terms, both the plaintiff's claim for transportation, accommodation for failing to provide The corresponding evidence, the Court shall not be considered. They advocate the spirit of the plaintiff solatium and the fact that the lack of legal basis for the Court not to support it. The plaintiff described in the two first-aid center when Ying-Hong Qiu transfer using ordinary cars, ambulances and medical foundation and not imperial Yuan Ying-Hong Qiu dead at the hospital, the blood still flows into the circumstances of their freezer did not provide appropriate evidence of this Hospitals can not be found. Hospital Medical Foundation Queen Court has now changed its name to Yu-day hospital, the hospital should bear the day-Yu Foundation Medicine Imperial Court should bear civil liability. In summary, based on the "General Principles of Civil Law of the People's Republic" of the provisions of Article 6, the decision is as follows: First, this decision within seven days after the entry into force, accused Beijing First Aid Center, the plaintiffs compensation for loss of working time fee alone Zhiying 1331 yuan seven angle; for compensation Choude Run 2300 loss of working time fee Bai 1005 hours, 56 yuan; Chou Derun compensation alone Zhiying 120 yuan funeral, mortuary costs 1005 yuan, 7329 yuan compensation for the death of hexagonal, for a total of 12,142 yuan fifth of the triangle. Second, the decision within seven days after the entry into force, Yu-day Beijing accused the hospital of compensation the plaintiffs Zhiying single loss of working time costs 1331 yuan seven angle; for compensation Choude Run 2300 loss of working time fee Bai 1005 hours, 56 yuan; compensation Choude Run, Single funeral Zhiying 120 yuan, 1005 yuan mortuary fees, compensation for the death of 7329 yuan hexagonal, for a total of 12,142 yuan fifth of the triangle. Third, the plaintiff rejected Choude Run, single Zhiying other claims. The admissibility of the case costs 981 yuan, accused by the Beijing First Aid Center, the burden of 50 490 yuan (of the decision to pay within seven days after the entry into force); accused by the Beijing Hospital Yu-day burden of 50 490 yuan (seven after the entry into force of this decision Days to pay). Who was dissatisfied with this decision, the verdict can be served from the date on the 15th, submitted to the Court on the petition, and the other parties put the number of copies of the admissibility of an appeal to pay costs 981 yuan, the first appeal in Beijing The Intermediate People's Court. If the expiration of the appeal within seven days to appeal the case did not accept to pay the fee, according to the voluntary withdrawal of the appeal to deal with. Presiding Judge Liu Zhen Static judge Deputy Judge Zhou Tao Second OO five years on December 29 LI Yu-ping clerk Counsel words The chief justice, the judge: Choude Run by the appellant's commission and the Beijing Jing Ding Law Firm of the assignment, I was the appellant's representations to Choude Run, participate in the proceedings in accordance with the law, agents are released as follows: One of the three medical treatment at the Department of hatred are in the process of serious fault. 1, on the Air Force General Hospital A, Air Force General Hospital in serious violations of the rescue operation organophosphate poisoning, atropine on the treatment of patients who interrupted, in the absence of Su Qingfu is not to verify the identity of family members, agreed to transfer, the interruption caused by Qiu Ying-Hong atropine rescue. Organophosphate poisoning of the rescue procedure (1) gastric lavage (2) sufficient amount of atropine injections, after atropine must be maintained to the amount of atropine, until illness control, after a gradual reduction in the amount of atropine, and vigilance Atropine poisoning, indwelling catheterization, a close observation of the disease and, if necessary, to give oxygen to prevent pulmonary edema caused by respiratory failure. Atropine to patients of the disease must be closely monitored and the drug atropine to maintain, in order to a patient. See submitted by an agent of organic phosphorus rescue and care information. Atropine is the transfer of patients is a serious violation of medical procedures. After atropine because of interruption if the maintenance of atropine, the disease will rebound and even death, and atropine as very toxic, and should close observation in hospital, at any time to take measures. See agents to provide medical information for treatment. B, Air Force General Hospital, said the court "can not force their patients," Air Force General Hospital, then why not ask to verify the transfer of Su Qingfu "family members" status? If the Su Qingfu not verify the identity of family members, Air Force General Hospital also agreed to transfer the treatment of it? In particular, patients suspected of drinking dichlorvos legal disputes, should be more reporting system to verify "with" identity. To send patients to "accompany" the family is it? Air Force General Hospital in December 5, 2000 to Choude Run "on the rescue Ying-Hong Qiu note," said the patients were asked to accompany the transfer, family members of people with it? C, Air Force General Hospital, unable to provide rescue and medical emergency treatment at the time of the record. Chou Derun numerous experiences of finding a lawyer with the Air Force General Hospital, requested the medical records, Air Force General Hospital, said that lawyers must be allowed access, and then added that emergency medical records only to preserve a year, never said to the medical records of the Su Qingfu. In its March 13, 1997 and December 5, 2000 Choude Run to the single Zhiying to write a written statement, the medical records of a closely-guarded secret, said Su Qingfu just to get away with the written certificate of diagnosis at your peril. D, Air Force General Hospital said the patient is not required to preserve the medical records of patients, this is inconsistent with the facts. Ying-Qiu was the emergency rescue, emergency rescue does not mean that the patient, because the emergency rescue can be turned into in-patient, do not meet the conditions of the hospital, leaving emergency room for observation of observation, the hospital should be required to fulfill all the records (see the emergency room system ). Air Force General Hospital, in the first instance only submitted their written evidence, not its own rules and regulations, no unable to submit medical records as evidence. E, Air Force General Hospital of themselves must agree to transfer did not violate organophosphate poisoning rescue operation carried the burden of proof on the Department of hatred and death that they are not proof of a causal relationship. F, Air Force General Hospital in violation of the provisions have (1) January 12, 1982 the Ministry of Health promulgated the "Regulations on the Work of the National Hospital," the seventh: the risk period for the patient first aid, the hospital should be disposed of, and should not be transferred. (2) promulgated by the Ministry of Health, "hospital system" of the 30th transfer, to change the system Patient transfers, such as the possible way to increase the estimated death or illness, the hospital should be disposed of, or dangerous, such as in stable condition after the re-transfer. (3) The third system of hospitals reporting instructions Where the following conditions must be time for the leadership of the House or ask the relevant departments of the report. 5, collected legal and political issues, and there are signs of suicide when the patient; If a doctor on the implementation of the system will verify "with" Su Qingfu identity, would not have happened the so-called "family members" signature "at your peril transfer" will not be interrupted hatred of the Department of Emergency. 2, on the Beijing First Aid Center A, with ordinary cars instead of rescue vehicles, see the appellant submitted Choude Run "Beijing First Aid Center ASTRI before the emergency dispatch log." B, the emergency center where he did not see Beijing First Aid Center record of the pre-hospital emergency medical record (2), said an appeal for emergency medical treatment, with the Beijing First Aid Center, which pre-hospital emergency medical record records (b) did not record the medical treatment, not treatment Contradictions. And first-aid centers did not closely monitor the condition of the Department of hatred, there is no record of surveillance, no more loading time records, their records: check in a coma, and the expansion Pupil double, lungs breathing sound crude, did not smell wet rale, not more than search. For critically ill patients should be observed closely the development of the disease, and disposal of records to do a good job, the Beijing First Aid Center, is "not more than search." C, Beijing First Aid Center, 3:00 to 10 minutes from the Department of hatred out of the Air Force General Hospital, 3:08 assigned destination, and the Imperial Court in hospital records (saying) 3:55 minutes into the Imperial Court in hospitals, carrying 4:00 into the blood purification Center, then up to the last 50 minutes, Qiu Ying-hong who is under the control of? Beijing First Aid Center has not recorded in medical records, the Beijing First Aid Center, 50-minute observation of patients do not? Qiu Ying-hong of treatment does not? Beijing First Aid Center, please speak with the medical records. D, presiding judge at the court of Beijing Emergency Center "is transferred to the Royal Court, who decided to hospital," the inquiry, the Beijing First Aid Center, the answer is "Su Qingfu to the Beijing First Aid Center to provide information and help link the Hospital of the Imperial Court, However, Su Qingfu decision. " And excuse "Imperial Court hospitals have the ability to rescue the Beijing First Aid Center, the hospital did not consider the issue of ownership, considering only the nearest and have the ability." In that case, I would like to ask 304 hospitals in the door of Air Force General Hospital, a 24-hour work, why not contact the emergency center? Why do not provide this information. Royal Court have the ability to hospital for medical treatment, first aid centers should bear the burden of proof. Imperial Court, first-aid center, said hospitals have the ability to treat, why Imperial Court in the hospital on the death certificate filled out the mistakes, Cai Jie and there is no doctor's signature? So have the ability to regulate the hospitals, why not build even medical records? Beijing First Aid Center to provide Su Qingfu recommended Imperial Court hospitals, the hospital should be the fault of the Imperial Court brought to bear civil liability. E, Beijing First Aid Center to deal with hatred top left Yinghong Department nodule size 2.5 × 2.5 cm subcutaneous bleeding, his right arm and right leg soft tissue contusion, the heart before the eye of a needle puncture District 4, the root left thigh before the eye of a needle puncture side of a right calf 4.5 × 3.5 cm, 7.2 × 5.0 cm 2 hemorrhage, 1 × 1.5 cm contusion a responsibility. Because the Beijing Municipal Public Security Bureau in the Ministry of Public Security, "Qiu Ying-Hong on the investigation of the death letter" clearly states that "to understand the doctor in charge of the rescue, sent to the deceased in the hospital with injuries." Qiu then the head of the Department of injury is where the heart of the four areas before the eye of a needle puncture and left thigh before the root side of the eye of a needle puncture and where the body is injured? Qiu Ying-hong to leave the Air Force General Hospital, is a first-aid center in Beijing under the control of the Beijing First Aid Center should be held legally responsible. F, Beijing First Aid Center to deal with transfers Ying-Hong Qiu, the increase in the concentration of dichlorvos liable. Air Force General Hospital with a 30,000 ml of water into the stomach of the Department of hatred has been cleaned up, but the public security organs of the body is to check the concentration of dichlorvos stomach is 3.033mmol/ml, the concentration is very high. Ying-Qiu was taken away first-aid center in 50 minutes who was under the control of? Beijing First Aid Center does not have medical records, the Beijing First Aid Center can not prove that no fault of their own, can not prove that the Department of hatred and death did not cause and effect, should bear the full liability. Beijing First Aid Center, patients will justify rebound, then does the stomach has been washed, the blood will be absorbed dichlorvos back to stomach it? 3, Royal Court on the hospital A, Chou Derun been looking for medical records, wave and the wave of lawyers for this investigation, the first emperor Court hospital medical records of people who said that it can not, then that the medical records did not build, and then later said that the flood water. Chou Derun looking for nine years, until today, the Air Force and the General Hospital of the Imperial Court did not come up with the hospital medical records, the Beijing First Aid Center Choude Run refused to provide medical records. Royal Court has not at the time of hospital treatment records, there is no medical record of the original, which was provided by 96 years on September 19 make up the future of medical records. Imperial Court, the hospital should bear the burden of proof can not be legal consequences. B, Cai Jie Ying-Hong Qiu is the rescue of the attending physician, hospital Court Shanghuang court also admitted in court, but later Jie Cai is the owner of Internet cafes, which are not qualified to practice medicine, Imperial Court, the hospital should be the burden of proof. Imperial Court of hospital death certificates Zhangguanlidai, a lot of mistakes, and there is no Jie Cai's signature. Second, the Air Force General Hospital, the Beijing First Aid Center, the Imperial Court, through no fault of the hospital's Department of hatred and death existence of a causal relationship? They are part of the commitment of all civil liability or civil liability? The first trial is twist the law to bear civil liability for some of the referee. "The Supreme Court on a number of civil evidence" in the fourth paragraph of Article 2 (viii) provides that "as a result of medical treatment caused by the infringement proceedings by the medical institutions, medical treatment and outcome of the damage there is no causal relationship between the burden of proof . " "Regulations on Handling Medical Accidents," the 28th article of the last paragraph: both doctors and patients should be in accordance with the provisions of this Ordinance to provide relevant factual material, resulting in medical technology can not be identified, should be held accountable. As the Imperial Court in this case to the hospital in the Medical Association, said the letter could not provide medical records, will not lead to medical identification. Imperial Court, so the hospital should take full responsibility for civil compensation. Air Force General Hospital does not provide medical records, failure to comply with the reporting system, there is no check Su Qingfu "family members" in his capacity as a result, in violation of the medical rescue procedure, the transfer is not in violation of the provisions, resulting in disruptions to save the Air Force General Hospital, through no fault of their own hatred and death can not Yinghong There is no proof of causation, it should bear all civil liability. Beijing First Aid Center rescue vehicles to replace ordinary cars, transport is no way to treatment, as long as in the last 50 minutes, Qiu Ying-Hong is not the burden of proof in their own treatment, Qiu Ying-hong of the stomach to increase the concentration of dichlorvos can not proof, andTo deal with the Imperial Court of the hospital where the ability to bear the burden of proof. Beijing First Aid Center, and through no fault of their own hatred of the Department of the death of the burden of proof does not exist can not cause and effect, it should bear all civil liability. The first-instance ruling that the Department of revenge suicide, was organophosphate poisoning, the medical decision to assume part of the responsibility is totally wrong and twist the law is the decision. Anyone who is due to the death of the deceased and the disease caused by the situation, Qiu Ying-hong of criminal identification techniques, but confirmed the causes of death Ying-Hong Qiu, is designed to serve the criminal investigation, it does not rule out the possibility, it is impossible to rule out medical institutions should bear the The civil liability. In fact, many patients, including suicide, active in the hospital under emergency treatment, Turning the Tide to restore the confidence of his life, see the agent provided information to hospital. Study the fault of the medical unit, it is a violation of its rules and regulations of medical and treatment in the course of the existence of any fault and fault and the existence of death in patients with cause and effect. The existence of a causal relationship, the need for specialized medical identification can be confirmed that the Royal Court in this case because of the hospital can not provide medical history, can not be led to the identification, it should bear all of its civil liability. Court, Air Force General Hospital and the Beijing Emergency Center of proof can not be the fault of their own hatred and the Department of the death of a causal relationship does not exist, hence the Supreme Court's rules of evidence should bear all civil liability. Third, with regard to the compensation standards apply to the legal issues Is the application of the "Regulations on Handling Medical Accidents" or application of the "General Principles of Civil Law" and the Supreme Court on December 4, 2003 through the "personal damages hearing on the case law applicable to a number of issues of interpretation of" compensation? As the Imperial Court in the case that hospitals can not provide medical records will lead to the termination of identification. It can not be applied to deal specifically with the medical and administrative regulations, "Regulations on Handling Medical Accidents" and the compensation provisions of the standards should be applied to the "General Principles of Civil Law" and the Supreme Court to hear the person on the damages case law applicable to several issues of compensation as provided for in the project And compensation standards. Overview on the three medical institutions for the Department of Qiu's death should bear all civil liability. Requested the court to consider the above views

The first defendant is not a principal

December 8, 2006, Hangzhou Xiaoshan District People's Procuratorate to the seizure Xiao Xing Su [2006] No. 1193 indictment to the Xiaoshan District People's Court, the defendant accused of Shen Yi-cheng, a certain SHEN, Wang Moumou, Feng Moumou, Ni Moumou, Guo Moumou, a certain SHEN, Luo Moumou eight guilty of incitement to violence to resist the implementation of laws. December 22, 2006, Hangzhou Xiaoshan district court cases on an open trial, five of the accused were hired defense lawyer. Despite the cooler weather, but can accommodate several hundred people filled the public gallery to observe the proceedings, is said to have government officials also attended as observers. Five of the defendants in the trial the defense counsel of his own party (defendant) made a defense of not guilty. The first defendant as a Sheng-cheng defender of justice, the lawyers explained Jin Xiaoguang, Shen Cheng-yi does not constitute a crime to defend their views. From the trial court on December 22 at 8:30 in the morning until 18 o'clock before more recess, the court trial, the prosecution and defense had a heated debate. 8:00 that evening, the resumption of court proceedings, the sentence immediately, Shen Yi-cheng from the first defendant to the location of the second defendant, the prosecutor changed the fact that some of the allegations, and that Shen Cheng-yi is not a principal, the Department suspended the release of more than 10 o'clock that night to go home . Other defendants were sentenced to prison, a certain SHEN three years and six months; Wang Moumou three years; Ping Moumou 2002; Ni Moumou 2002, suspended for three years; Guo Moumou year, 2002 Postponed; A certain SHEN year, suspended for two years; Luo Moumou year. Jin Xiaoguang The following is a summary of the defense lawyers: Defense The chief justice, the judge: Shen Yi-cheng of the accused by the commission and the Beijing Jing Ding Law Firm of the assignment, I was the defendant's counsel Shen Yi-cheng, in accordance with the law involved in the case of litigation, the defense is made as follows First, prosecutors indicted and not entirely consistent with the fact. 1, Shen Cheng-yi is to allow Catholics to help Hill robbing founding the church, not to incite the masses to resist the violence of the Government and law enforcement staff. 2, the church was to stop for seven days, Shen Cheng-yi is to do a certain job, he is leading the government's invitation to dissuade the party faithful of the Church Hill to stop, prosecutors said that the anti-Shen Cheng-yi is to allow for seven days in order to stop the negotiations and the government, This is not true. 3, Shen Yi-cheng is in custody on the 28th, 29 government departments in the afternoon forced the removal of illegal scramble to build the church when the incident took place not mean that the Shen-yi as incitement. Second, the public prosecutor for justice Shen into the allegations of lack of evidence The public prosecutor is no clear evidence to prove Shen Yi-cheng to incite others to violence, the evidence of his statements so that followers to "help" and notes to help in the meaning of the scramble is to help build churches, such as back-up to do. Some evidence was mentioned in the intersection to let followers staged a sit-in in order to prevent government workers, staged a sit-in, but does not belong to the scope of violence. Third, incitement to violence to resist the implementation of laws of the crime demands Incitement to violence to resist law enforcement constitute a criminal offense of incitement to violence on the request must be written or oral form of incitement, violence must be the content, the content must be clear or acceptable to incite the masses to understand the material that is violent. Prosecutors in court debate on the second round of the debate that the defendant requested the help of many people to scramble to build, and the illegal construction is to be removed, so the accused can be aware of the possible anti-violence law legal consequences. In this connection the prosecution of the accused to allow Catholics to help infer is a violent content. Such an interpretation is inconsistent and incitement to violence to resist law enforcement demands constitute the crime of crimes, the crimes must be clear to incite the masses to violent means to resist the implementation of the law. Four on the case, I have to say a few words. Christians occurred scramble to build strong reason to build the church complex, the case should be dealt with in accordance with contradictions among the people, the accused should not be held criminally responsible. 1, occurred in construction, demolition of the church, on the one hand, because of religious people do not understand the law, the law scramble to build strong reasons for the building, mistakenly believe that as long as they built a done deal, the Government will acquiesce, there are examples in other places, so Scramble to build. On the other hand there are the party of individual government departments and the Town leadership doing its job well, mistakes in the work of dereliction of duty. 2, Church Town, the party is left over from history, the church before the party was occupied by Hill Hospital, despite the subsequent implementation of the policy, signed an agreement vacate, and so on, but the church over the years the issue has not been completely resolved properly, it can not explain our Done a very good job. 3, Party Town, thousands of Christian people, they do not have religious activities in public places, we are concerned why the land is not planning to carry out proper planning? 4, prosecutors said the debate on the government to do a lot of work to dissuade the Government has not at fault. Yes, indeed made a lot of useful advice, such as work flow, but does not mean that this incident took place before the party's Town, not the fault of individual government departments, a lack of responsibility. Party with followers of the case is Town of government departments contradictions among the people because the complexity and, as the prosecutor said, the impact on a wide range, have been affected by a number of foreign countries. Therefore, we should be more patient and meticulous work, the contradictions among the people of the proper approach to be addressed, not simply adjust the applicable criminal law, the court considered the state so as not to give the government an adverse impact on the hostility to our country Foreign organizations or countries under the pretext. Overview, the prosecutor accused the defendant guilty of Shen-yi as incitement to violence to resist the implementation of laws of the lack of evidence, cited no clear evidence to prove Shen-yi as incitement to anti-violence law, the defendant accused the other of lack of evidence, the charges can not be established. Requested the court to consider the above views.

With director of the hospital's violent debate

The court: October 25, 1999 as a result of Xian Wang Shugang patients with diarrhea, lower limbs can not afford medical workers in a hospital in Xi'an (hereinafter referred to as hospital workers), the treatment, no improvement of symptoms in at 2:15 p.m. on October 27 admitted to the hospital medicine . It was Wang Shugang electrolytes potassium content of 1.4mmol / L, admission diagnosis hypokalemic periodic paralysis, and potassium supplement given to the hospital, anti-infective treatment of symptoms. The night of 27 and 28 patients improved during the day, at 8:00 on the 28th test potassium 4.0mmol / L, but the evening of 28 patients with the disease to increase again, there is a short-twitch muscles, a sense of breathing difficulties. Report of the doctors, nurses, doctors immediately removed the previous transfusion, needle out, "the moment is simply to fight with the same'', family members said later with lawyers, nurses, Wang Shugang to start transfusion, the use of inappropriate treatment, although slightly Wang Shugang Turn for the better, but still very serious condition, was rushed into the night in a well-known large Si-Jun Xijing Hospital, and the next day at 7:00 in the Si-Jun Xu large Xijing Hospital after the tragic death of all rescue measures proved ineffectual. Wang Shugang after the death of his sister Wang Shuxian bitterly to the new Xi'an City Committee of the identification of medical malpractice to apply for identification, but the result of Wang Shuxian than expected, the Commission identified through medical identification that does not constitute a medical. Against Wang Shuxian, Xi'an medical technology to the identification of the Commission made a request to re-identification. During this period in January 2001, Jin Xiaoguang Wang Shuxian to hire a lawyer of their representations, their agents to investigate, and to attend the mediation committee, and other medical identification. After the lawyers accepted, according to the Health Department's recommendations, and repeated visits to the hospital staff mediation, the mediation was now in dialogue with the publication for our readers. (Note, essentially a dialogue of the original, unchanged for the parties to respect the privacy of paper the names of the two parties are assumed name.) Beijing Jin Xiaoguang online network of lawyers in Beijing law firm in Beijing Ding Jin Xiaoguang, chief counsel on May 20, 2006 The first mediation dialogue Time: February 6, 2001 Location: Xian people to participate in a hospital workers: lawyers Jin Xiaoguang, Wang Shuxian, president of the seats Hospital, Medical Services Jiaoke Chang (M) (talks, work out from time to time Jiaoke Chang) Lawyers certificates and lawyers to produce a letter of recommendation stating the identity and malicious, the front yard talks to staff lawyers will copy documents, a copy of the stay in the hospital. Kim: President of the seats in mediation before I take a look at medical records? I: It has already been identified to the Committee. Gold: According to the "medical treatment", who disputes the original medical records kept by the hospital designated person, you is not it? I: (not silent) Kim: I would like to see the medical records, because I do not want to listen to all the parties, you do not want to listen to the whole, want to know is the fact that, in order to correct my agent, to grasp the facts about the situation. I: We have the required identification to the Commission, you have to ask what we can be face-to-face. Kim: "medical treatment" does not require a lawyer can not see the medical records. I: the silent ... ... you have any questions you asked. Kim: I would like to take a look at medical records, and then is not clear on the face-to-face to ask again. I: the silent King: Well, since you do not, I passed the other way. I have a question, Wang Shugang What is the cause of death? I: (a silent, said after the meeting) is not clear that this should be to identify medical committee says. Gold: hyperkalemia was caused by cardiac arrest it? I: Well, the poor, said. Kim: Well, we started to talk it down, before talking about, president of the seats, you say what you say instructions. I: (laughing) no. Kim: Well, I would like to talk about. Life is the most painful loss of loved ones lost loved ones and for some people, the suffering is temporary, while others are life-long, lingering life, suffering, will be accompanied by life-long regret. In this case, my client is Wang Shuxian, she always engraved in remorse, blame themselves: first, if not on the hospital staff, even if it is to spend some money on the Xijing Hospital, she would not have lost loved ones ah! Loved ones have gone, remorse is inevitable, or come back to reality, according to the medical Identification Committee to mediation, understanding the hospital, suffering from. Life is precious, and how much money you have to have gone back to the not-for loved ones, and Wan Buhui my life-long suffering of the parties. Despite this, she is willing to consult with you to resolve in order to alleviate the suffering of the yard to reduce losses, we can fight for good mediation. I: (has been silent) Kim: Yes, I said this, president of the seats, you have nothing to say. I: (first silent for a moment, then said slowly) that we are not medical, hospital treatment is correct. Kim: We believe that it is a medical incident, the hospital is at fault, in the absence of negligence, we are not here to trouble-making, blackmail is not it? But if there is no fault, why do you also agree with the Board of Health agreed to mediate this? (Note: Mediation is the recommendation of Xi'an Health Bureau) I: We believe that only medical disputes, medical disputes to mediation can be. (Silence followed by the two sides). Kim: Well, we do not talk about those sensitive words, but we feel the need to have a tacit understanding that the hospital is at fault, only on this basis can we talk about, or will not be able to talk about. Gold: Again, that is no mention of the mouth, but thought there must be a tacit agreement. I: (silence) Kim: I President, what is your program? I: You said. Kim: Well, I said that according to the "Law on the Protection of the interests of consumers" and "the rights and interests of the Shaanxi Provincial Regulations on the Protection of the consumer," the hospital should be compensation for Wang Shugang: 1, XX million for medical expenses; 2, funeral XX million; 3, the elderly Wang Shugang And maintenance children XX million; 4, compensation for the death of XX million; 5, Wang Shugang relative loss of working time costs, travel XX million. I: You say that the premise of what? Gold: consumer services in hospitals, the hospital due to the fault of the damage. I: We do not at fault, so we can not say that the compensation. Kim: It depends on, or there should be a prerequisite for, or else we will not be able to talk about. Gold: do you have any principle of the program? I: (laughing) you come up with a reasonable, we can talk about. Gold: You pay a penny, you are also at fault, not the principles, we will not be able to talk about. I: silence. Kim: Well, we can not talk about it (clean up the volume, into the bag), on whether a medical incident, we think it is, otherwise we will not find you, if the City was not identified, that we referred to the province , If the province is still not on, we discussed through the media, the experts expressed the view that if you cause to the reputation, economic loss, I am sorry, we are not doing it deliberately. I: silence. Gold: Again, insist medical is, adhere to the hospital at fault because in less than two days, Wang Shugang potassium from 1.3mmol / L rose to 7.1mmol / L, in any case, the hospital is Away from this responsibility. I: (silent for a moment, smiled) we have to talk about the harvest, harmonious atmosphere. Gold: on the mediation, Wang Shuxian you have feelings of the hospital, come on the road, she urged me to talk about the best achievements of the talks, do not harden, and she was in the hospital to understand the mood. If the identification must, I fight her in the end. I: (Laughter) We both calm and then consider the fact that the time to get back. Wang Shuxian: We are all busy, busy you are, do not be too long. I: not long, you next Monday, a phone call. Gold: All right, it is so (and I shook hands, I Wo Zheshou the other hand patting the shoulder of the gold, there is a little joke and said "much worse"). And the third time I talk about Time: February 23, 2001 Location: hospital workers who participated in: Jin Xiaoguang, president of the seats Gold: Wang Shugang hyperkalemia is the cause of death, he was in a hospital that you care, tin rose to 1.3 from 7.1, you can not have responsibility for the hospital it? I: he is not dead in our hospital. Gold: potassium increased to 7.1 is in your hospital? I: She is the sister of his drinking, she Jieshui that good medicine. Kim: Is your medicine hospitals. I: Yes, but we did not let him drink so much. Kim: how you let him drink? I: Yes, according to his doctor's advice. Kim: How much is the doctor? You said. I: The medical records of all. Kim: Yes, history is 20ml, but you have to explain how the patient is 20ml explain it? 20ml To me, I understand that the patient understand? I: The experts also asked to identify the problem, we use the feeding cup to him. Kim: There are no medical records reflect that you are feeding him drugs to the Cup and can not be found, you can not say that. I: The Cup is the use of feeding him. Kim: That you give him a big bottle of potassium chloride to do? What is the drug potassium chloride, you do not know it? I: We have on the table, do not let him drink his sister gave him to drink, we did not ask. Gold: This place where drugs? I: We explain how the drugs did not let him drink, we have so many patients, sometimes two bottles of drugs, no trouble, so are many, to open a second bottle had not happened, the unexpected. Kim: You violated the rules, procedures should be provided for what? Ah inpatient and outpatient drug like it? I: Our duty is only a little bit, you said is not so much (Bi Hua hand). Kim: No, you are the primary responsibility is to direct. Even if you say, is the younger brother of Wang Shuxian her drink, according to the rules and if you do care a patient's potassium to achieve the kind of 7.1 beyond remedy it? I: What is the concept of a care? Kim: What do you say that? I: silent. Gold: Nursing is a long time to inspect? I: You said. Kim: You said. (Silence) Gold: a nursing visits to 30 minutes once you how the inspections? I: We have visited, which have to do so. Gold: should no longer ask you to inspect the contents of what? Why not find a patient medication wrongly situation and 500ml bottles of potassium chloride? I: we do have. Kim: you do it? (Silence) Gold: seven put three pairs of attention to what is one? I: (laughs) What? Kim: how are you doing? If you do, do not be able to avoid that situation? I: We are not the primary responsibility. Kim: You are the primary responsibility, according to the order, if you do, we can avoid potassium reached 7.1 and hopeless. I: medical, you put too high demands. In the absence of a new "medical treatment" before the introduction, implementation is still old. Kim: You refer to the amount of compensation for it. I: (Laughter) Kim: "medical treatment" is the amount of compensation for the executive to deal with, an accident was 3000 yuan, is not it. I: (laughter, nodding his head) Kim: It is based on civil law for compensation, how can pay 3000 yuan, there are more than 10 million in medical compensation, hundreds of thousands, of more than 1,000,000 have, not the letter? Another your employees as a result of Obstetrics and Gynecology Hospital paid a baby more than 1,000,000 have been reported on, you know? I: know that did not pay more than 1,000,000, more than 1,000,000 is the newspaper said. Kim: In that case, the compensation will not be 3000 yuan now. I: (silence) I: Do you requested is too high. Gold: In addition to the law, there were feelings inside, a lawful, fair, reasonable, that is, the judge handed down, if we play well, the judge moved, liable to be much the same, as long as the provisions of the framework, we mediation There is a situation inside. I: (silence) Kim: you can consider a number of good faith. I: Yes, we will discuss the matter. Gold: a more sincerity. I: I am very anxious. Fourth talks with the president of the seats summary Time: Three days later: hospital workers who participated in: Jin Xiaoguang, president of the seats, Medical Services Jiaoke Zhang (female) ... ... Gold: the dual use of potassium supplement you are correct? In patients have normal potassium, potassium should pay attention to what? Coke: This is absolutely correct, you do not understand medicine, you do not want to say this, if not, experts say, is wrong. Gold: a patient to a 500ml bottle of potassium chloride is not? Coke: We use the feeding cup to him, to say the reason is to write 500ml account. Gold: potassium ions in patients with follow-up should the concentration of potassium? Coke: We checked. Gold: 9:00 am on the 28th you search for an 4.0, up to 12 hours did not check, a six-hour search. Coke: We have checked and have a good day and go again. The patient has been a steady increase in follow-up is not a six-hour search. Kim: How long will it last? Coke: We have checked, a good day all go again. Gold: a 20-minute visits once care, why do you not put an end to the patient and found wrongly situation. Coke: We have been very good during the day, the patient potassium steady rise in his sister are not in one day, are accompanying us to do, you ask, he is the sister of Shashi, he is Zeyang to drink? Gold: where are the drugs? Is your hospital? Why should a medicine bottle on the table ward patient? Coke: We did not let him drink. Kim: Why not find a patient wrongly potassium chloride. Coke: his sister at night, we did not ask, said that drugs, and younger brother gave her the drink, which she said was, that on a moment, how can we find that we not follow the patient per minute. Kim: You are sure errors, why do you have 500ml potassium chloride to the patient on the table? What is the drug potassium chloride, you do not know? Well, we do not say that, and I ask you, your attitude? Coke: Do you accept that we can come up with a proposal. Kim: How many of you said you would accept? Coke: Are you a lawyer, do you know than we do. Kim: We talked about it today. By-laws: a summary of views represented by counsel Wang Shugang on the identification of additional medical advice Xi'an medical technology to identify incidents: Wang Shugang in patients with hyperkalemia-induced cardiac arrest deaths, Xi'an City of the new medical technology to identify new medical identification documents of the Committee [2000] on the 13th: a short period of time in patients with increased serum potassium (27 pm 1.4mmol / L, 28 night 7.1mmol / L), as the potassium intake too much about. However, Yi Jian of the new [2000] text on the 13th but found the hospital, "the concentration of potassium, and the rate of correct medication dosage, the case can not constitute a medical." In that case, the new medicine [2000] 13, why not identify the hospital doctor to the patient temporary 500ml KCI has an error? There is no violation of the principles of the medication? There is no breach of oral administration of the rules? There is no violation of a 30-minute visits to each nursing once? Patients wrongly over the responsibility of potassium chloride in the Who? Hospital visits to the content of what? Why not discover and put an end to the situation wrongly? Now, I am the direct cause of the death of Wang Shugang to add the following: I, K has returned to normal, double potassium supplement is correct? In at 23 o'clock on on the 27th for K + identified 3.3mmol / L, 28 for K + morning 4.0mmol / L has been under normal circumstances (the normal value of 3.5 to 5.5mmol / L), the hospital is still on the 28th to give intravenous Potassium chloride injection, oral administration at the same time, double potassium supplement. Hospital treatment is no doubt on the existence of obvious errors and mistakes, and in 28 from 9:00 am to 9:00 pm in patients with no follow-up serum potassium concentration, in violation of potassium should be follow-up, the need to pay attention to. Second, the temporary hospital doctor whether there is an error? Doctor is a doctor to the patient's care, treatment, diet and further write a check written asked. Doctor's orders for temporary or special inspection of the provisional administration, told at the time of treatment. The hospital in the provisional 28 on a one-time doctor to give patients 500mlKCL, much higher than the dose of medicine provisions, and not by written request of the doctor's advice and use that note, the doctor there is a serious mistake! It is the wrong doctor's orders as a direct result of excess patients wrongly KCL, the new Medical City hospital identified the conclusion that the correct medication dosage. In that case, I would like to ask one-time to give patients a letter 500mlKCL, to the amount of orders that correct? The doctor is how it carried out? A hospital for patients 500mlKCL, how to give patients the service? Patient said: "Let the doctor one hour to drink a big mouth." Where does one drink? Hospital initiative is a party, the patient is a passive one, not the doctor asked how the drugs, there is no evidence that hospitals give patients the means by medication and dose, long-term and temporary medical doctor can not replace each other. Hospital patients should be wrongly assume full responsibility. Third, the hospitals are not in violation of rules? 1, the rules A, is the principle of medication use in all the general principles. Medication in the implementation of the work: 1) administration should be based on doctor's orders. 2) operation to be done in three seven-search attention. Richard III: post-check drug Pendulum; medication, injection, before the disposal of search; medication, injection, disposal after the search. 7 pairs: on the bed, name, the name of the drug, dose, concentration, time and usage, but no one drug invisible. A: After the attention of the drug reaction. 3) to be on time delivery. B, oral administration should pay attention to what? 1) The drug made on time. 2) The drug should be made to see the patient before leaving the dose, especially some of the special drug. In the event of did not for some reason or not the patient medication, the drugs should be back and to hand over custody. 3) made drugs, the drug should be aware of the performance, and have taken the attention, a number of special medicines, such as KCL, should closely monitor the condition and effect. C, a principle of care are inspected once every 30 minutes, whether the inspections in strict accordance with medication and medical conditions change. 2, the hospital is a violation of the rules? In this case, the hospital is not in accordance with the provisions of long-term medical hair medicine three times a day on time, but to give a patient 500mlKCL, and do not know what medication, the patient did not look at dose fill up before leaving, did not closely monitor the condition and effect, Did not even finish first, and other drugs the patient will get custody of the remainder of KCL solution. Up to 28 patients at night appear limbs, muscle weakness, difficulty in breathing, health care workers rushed to the remainder of KCL oral and intravenous drip bottle recovery, the practice of serious violations of rules. Care should be a 30-minute visits once a tour is to carefully inspect, rather than muddle through. Hospital to give a 500mlKCL, has been a serious violation of the provisions of medical, hospital and not in accordance with the provisions serious inspection and found no patients on the medication 500mlKCL and put an end to) the hospital care is also a serious fault. Four patients wrongly over KCL, who is the responsibility? Due to the hospital in violation of the principles of medication, temporary serious medical error, not the "three check-seven attention," in violation of in-patients on the drug should be made in accordance with the requirements of the violation of the drug from the medical side of the custody of the requirements should be a violation of Follow-up review in patients with serum potassium concentration and the electrocardiogram of the provisions of the operation, the patient did not observe the condition and treatment, care and a violation of the inspected once every 30 minutes of the requirements of the disease were wrongly over-KCL, caused the death of cardiac arrest, the responsibility Entirely in the hospital. Fifth, if the case constitutes a medical? To sum up, according to the Ministry of Health "on that a number of issues" and "medical grade standards" (for trial implementation of the draft), as hospital medical care in violation of rules and regulations and technical procedures, as a direct result of patients with Wang Shugang Hyperkalemia, caused by cardiac arrest, according to which, in this case constitute a complete medical accidents, Yi Jian of the new [2000] 13 is wrong and should be corrected. Identification of these comments, please give serious consideration to the Committee as soon as possible to make a scientific appraisal of the fair. Jin Xiaoguang lawyer Jan 16, 2001 By-laws: medical technical appraisal committee of Xi'an City, Yi Jian word document [2001] 12 Wang Shugang medical conclusions of the technical evaluation Suffering from side: Wang Shuxian (sister of patients) female, 45 years old, teachers, address: the application was a little party identification: a Xi'an hospital workers in general: Wang Shugang, 35-year-old male, address: a little, occupation: the individual. 1999, 1025-10, 28 in Xi'an due to a medical hospital staff, hospital, 05032.99 years on October 29 to the Xijing Hospital after the death. Identification of reasons: City against the new medical identification technology committee "Yi Jian (2000) 13" to identify the book that "does not constitute a medical" to the conclusion that: Wang Shugang in-patient and out-patient treatment, serum potassium from 1.4 to 7.1 , Excessive intake, as a result of doctors to monitor patients closely enough, resulting in delay in time illness, an accident caused by negligence. Abstract medical records and after treatment: Wang Shugang in October 25, 1999 as a result of diarrhea, lower limbs can not afford medical staff in hospitals. According to the out-patient medical records; in patients with watery diarrhea for it, then lower limbs are weak and can not stand. No fever, no convulsions, syncope, no, no drinking water choking. Denied a history of high blood pressure. There is a history of schizophrenia (now taking Lisco30.1, clozapine 75mg). Richard body: a normal heart and lung. Mentally clear, no signs of the nervous system positioning. 2 pairs of lower limb muscle strength, tendon reflexes weakened knees, two-bus's disease (a). Out-patient diagnosis: (1) hypokalemic periodic paralysis; (2) the spirit of acute poisoning? To deal with: 1, blood, 2, potassium test 2.4mmol / L; (3) 10% GS500ml + VitC3.0 + VitB6200mg + potassium aspartate U.S. 30mgX3: (4) 5% GS500ml +10% KcL15mlX3; ( 7) follow-up. After treatment, symptoms improved in at 2:15 p.m. on October 27 admitted to the hospital medicine. In-patient medical records: Patients with "body weakness, the failure of the activities of 2 days," chief hospital. 2 days ago as a result of eating unclean food diarrhea, will dilute water samples, more volume. No fever, dry mouth, no oliguria. Followed by inability to both lower extremities, restricted activities. Gradually add to the upper limbs and activities can not be weak, unable to hold objects. Out by dealing with low potassium, no improvement in symptoms. Cha-admission: temperature 36.5 ℃, pulse 84 beats / min, 20, respiratory / min, blood pressure 105/70 mm Hg, free expression, the clear sense that carried into the wards, passive posture, abdominal heart-lung (a) of the upper limbs muscle Force 3, a pair of lower limb muscle strength, reduce muscle tension, the two-brachial 2 reflex pathological (++), tendon did not bring out the shallow sense of symmetry exists. Check electrolyte: potassium 1.4mmol / L, sodium 125mmol / L, calcium 2.0mmol / L, admission diagnosis; periodic paralysis. To the potassium supplement, anti-infective treatment of symptoms. Of which: 10% of the long-term medical oral potassium chloride solution 20ml three times daily, 10% potassium chloride 15ml +5% GS500ml + Vitamin C2g + Vitamin B6 0.2 grams intravenous drip 1 / day. Oct. 27 patients with 11 o'clock the night of testing serum potassium 3.3mmol / L. It has been at 10 o'clock on Oct 28 medical records: the rise could 10:00 last night, upper limbs may be, can be strength, can hold objects to the activities of both lower sales and can not get out of bed, heart rate 84 beats / min, the law Qi, and did not hear noise, double-strength upper-class IV, 3 lower limbs muscle strength, muscle tone on the lower limbs were reduced to the treatment of oral potassium supplement. Reported that the normal blood, excrement, urine routine no abnormalities. At 8 o'clock on Oct. 28 for testing serum potassium 4.0mmol / L. The evening of Oct. 28, body weakness than in patients with influenza as the most important thing in the morning hours, there is a short-twitch muscles, a sense of breathing difficulties, chest tightness, not flustered, late 9:30 Jicha reported electrolyte: potassium 7.1mmol / L, sodium 120mmol / L. Was 10 percent Glucose to 50ml +10 intravenous infusion of calcium gluconate 30ml, furosemide, potassium, such as lowering treatment, the treated patients improved breathing difficulties, is still a sense of body weakness, heart rate 82 beats / min, the law of Qi, blood pressure 90/60mmHg , Was reported seriously ill. 11pm potassium night review, on October 29 days 13:00 potassium return 6.9mmol / L, diuretics can be used after the urine, chest tightness, shortness of breath flustered still can not afford full-body, physical activity can not give up 10% of the static gluconate Calcium 20ml, furosemide 20ml shortness of breath a little nervous after the turn for the better. Potassium is still high, the need for dialysis to reduce serum potassium, to large military treatment. October 1999 29 days 14:45 Xijing patients admitted to the hospital emergency department, diagnosis: 1, 2, hyperkalemia, periodic paralysis. 7:00 Xu, in patients with sudden loss of consciousness, ECG heart that disappeared, no sound auscultation, died. The final diagnosis: 1, 2, hyperkalemia, cardiac arrest, 3, periodic paralysis. With regard to the amount of potassium: 10% of the medical records 15ml intravenous drip potassium chloride, potassium chloride 10% of the once-daily oral 20ml, three times a day Second, the actual amount of oral potassium 1, according to the hospitals: 27 nurses on duty to 10% of the patients placed potassium chloride 200ml, 3:00 pm and 6:30 according to the doctor's advice by the nurses fed twice 20ml; 28 day display of the liquid 300ml, 8:00 am and 12 noon: 30 nurse fed by two per 20ml. 27, 28 on the 2nd day of nurses fed a total of 4, 80ml. 28, the night after the transfer of patients, nurses see when finishing million sheets have left more than 200 ml of potassium solution. 2, according to Wang Shugang Wang Shuxian's sister appeals to provide material: 27 patients on the evening meal delivery, telling his brother: the oral medication good (refers to the solution of potassium), a doctor one hour to allow a large population. Hey this is to give service to the night Wei Wan. 28 dinner when fed twice. When the transfer is taking the left there is liquid in the bottle. Two nights fed total of about 200ml. The actual total amount of potassium in recent oral 300ml. Identification and analysis: Based on the application of Wang Shuxian, Xi'an medical technology to identify the two organizations, experts of the Committee held a meeting in accordance with legal procedures to carry out medical event Wang Shugang of experts held a meeting in accordance with legal procedures for conducting a medical event Wang Shugang identification technology. The experts read the detailed patient medical records related to the two sides to listen to both sides of the statements made on the question, both doctors and patients to be avoided, experts carried out a full analysis of the argument that: I, on the diagnosis and treatment: a history based on tips, in line with the diagnosis of this case, "hypokalemic paralysis," the principle of correct treatment. Second, with regard to the cause of death: patients hyperkalemia leading to cardiac arrest the direct cause of death. Third, hyperkalemia occurred in the reasons for the Department of excessive intake. Lead to excessive intake of the Department of patients and their families in the near future to take the super-dose medication (about three times) of potassium chloride; at the same time as a result of health care in patients with inadequate monitoring of the disease, not found in time, discovered that although the levels given to the To deal with rescue and eventually failed to correct hyperkalemia. Identification: According to the State Council, "medical treatment" in the second and the third paragraph 4 of this case for three incidents of medical technology. The two sides of the patient, such as identification of dissenting conclusions can be received in the conclusion to the book on the 15th Shaanxi Province identified Technical Committee for medical re-identification. OO second year on June 29

Defense

The chief justice, the judge: Chen accused the subject commissioned by the Beijing Municipality and Beijing law firm tripod of the assignment, I was the subject of the second trial the appellant Chen counsel, in accordance with the law to participate in the activities of the proceedings. Before, I met with Chen S, read the court file, the defense is made as follows: I, on the first public prosecutor and accused the court of first instance verdict Court of First Instance finds that the facts clear (A) that the first trial, "Chen, Chen S, Liu" illegal possession for the purpose of the stones flapping ... ... used school bus, school bus tires release of the gas threat, and so on ... ... means to force the school to obtain a certain school bus Operators of the property. This finds no basis in fact, far from the truth. Chen did not use standard rock beat school bus, school bus tires did not release the gas, there is no threat to the school bus no longer enter the three hills. The fact is that Chen Chen's younger brother received a standard phone, he informed the school bus was hit by him in the past, Chen put down the standard of living to the scene. To the scene after seeing his brother Chen Chen S will not cause illness, suggested that even if the driver out of the apology, which reflects a general tolerance and kind-hearted farmers, but the school said the driver "killed deserve!" The attitude of the driver angered the villagers at the scene, that is the case, Chen S did not release the gas school bus tires, there is no threat to the school bus, but with dialogue and consultations to deal with disputes. Chen beat marked the first trial that school bus, school bus tires release of gas, such as a threat to the school, there is no evidence. (B) whether the school should be compensated? Court of First Instance held that Chen had no personal and property damage, the school authorities to ask for compensation no legal, this view is completely wrong. From the school bus passing through Chen's on the right side, ran into Chen's hand, was the scene to deal with Chen also admitted that the police "to see a motorcycle with a school bus occurred in a minor collision, motorcycle School bus on the left fender to the body surface to erase the traces of mud. " Even so, that is not a collision, as a school bus from the motor vehicle is so close to the motorcycle both physical and psychological posed a threat. In this case, the school bus should also be compensated. (C) 3500 yuan of compensation is involved in the traffic police under the coordination reached between the two sides should not be recognized as extortion. The school bus operator contract Zhao asked the Public Security Bureau in a statement on the transcript, "I asked him how to look for traffic police to do? After the traffic police on motorcycles to find words to master, and then again from the traffic police said the owner agreed to close even if the 3500 yuan." (See the public security organs of Zhao asked about the notes on page 3, Vol 26 No. 2 line and 7 lines). This is 3500 yuan in compensation to participate in the work of traffic police, the two sides reached consensus agreement. Therefore, the Court of First Instance found Chen guilty of marked blackmail crime is completely wrong. Second, with regard to the second accused prosecutors and the courts of first instance verdict (A) Court of First Instance found Chen guilty of extortion standard, which can not be identified to set up. Chen specimens did not, nor did I instruct other villagers gathered in a long time inside and outside the depot up trouble by criticizing oil, the impact of the Office of the oil, mining threat to the burning vehicle, parked in the release oil within the tire air, water mains plug Oil depot at the entrance, and so on. Court of First Instance found that Chen participated in the above standard, there is no evidence to prove that. The witness identified a result, Chen marked only part of the compensation involved in the negotiations, there is no threat to the implementation of the way, and Chen Zhi marked in the middle of negotiations to leave the scene to help business gathered at the depot for a long time did not, Chen S, and so when the two sides have agreed to return 50,000 yuan Compensation. Chen is the fact that the specific standard after receiving "certain Arab-Israeli" telephone, but did not immediately Chen S, "an Arab" continue to press the phone and tell Chen S, oil depots in the destruction of land to build digging of fish ponds, asked Chen to stop. Chen went to the standard, and leave in the middle of the busy business to his association with others, not in the middle of what happened, he was not very informed, and see files relevant materials. (B) how to look at the oil depot and villagers claim a collective behavior Land Law prohibits the change of land use. Unauthorized use of oil excavator digging of fish ponds are built to change the land use, land law, and so is a violation of the law. Based on the simple villagers awareness of the law, that destroyed the depot land, in violation of the law, which they rush to stop and report to the police, the police request to stop the land in violation of the law. Liu gang up land to the oil law on the legal staff (see case materials) is clear evidence of this. But also in the minds of the villagers, although the national expropriation of land, but not used, according to the Land Law stipulates that the land had also return to the village. Because they consider themselves justice, they can not report to the police, only release oil in the steam automobile tires before they threatened to burn an excavator. Because the oil tanks damaged land, oil depots are willing to negotiate compensation, only to allow the villagers to send representatives to negotiate and can not be identified as extortion. (C) Who is the land compensation claims were Court of First Instance found that "even if the oil depot operators to use the law 'red plum' land, in accordance with the law should be dealt with by the original land owner Village villagers come forward to claim the rights group." (See the first trial p. 43) This view is entirely wrong In our country, on behalf of the rural collective economic organizations of the village committee is not group of villagers, the Court of First Instance deliberately confuse the concept is clearly the wrong decision. In addition, in the village are not in favor of the rights of the villagers why not take the initiative to claim rights? (D) to obtain the compensation deal with the problem Court of First Instance that "... the accused ... and others should be obtained from the destruction of the land on the ground The amount of compensation to the three hills returned to the village committee for the restoration of damaged land, rather than dividing and unauthorized disposal and the 'red plum' destruction of land not directly related to the matter. " First of all, the Court of First Instance before and after the conflict, said that in front of the right to be villagers Village group, said the money should be back to the three hills of the village committee. Second, the village in order to protect the land, not to undermine the protection of land-use change and that they took time to delay the normal work of the farm work and, at 200 yuan per person as the loss of working time and reasonable cost. Although the amount of the remaining villagers to be handed over to the village of Reclamation, Yang-Wo Village 5 in the village of kindergarten and the village of Yi Xi, Yang-Wo Village 4 Village as the cost of dragon boat, looks nothing to do with the land, but the cost of all kindergartens and dragon boat Three belong to the village, the villagers in the eye, do not have their own money, to the village that is legal and reasonable. We can not be dogmatic and mechanical requirements of the villagers left, as required by law, they have no knowledge of such a high level. The villagers claim that it is blackmail, whether from me or from the criminal law theory The actual status of the country, are not right, is untenable. Court of First Instance's decision is completely wrong, twist the law is a referee. (E) of the Court of First Instance that the defendant's conduct not only violated the victim's property, were also seriously disrupted the production and operation of public places and places of the order. That this is wrong and illegal acts of oil, the destruction of land, changes in land use, villagers put an end to violations and claims, how can it be disrupted production and management in public places and places of order? Overview, the Court of First Instance found Chen guilty of marked blackmail crime can not be set up, referees are wrong and should be corrected. Please be taken into account the above views