Friday, September 11, 2015

Murder suspect in Shiyan judgments of first instance exposure: due to inability

The morning of September 9, Shiyan city, Hubei Province intermediate people's Court of murder, a labor dispute case knife to stab Liu Tan, zhengfei, Liu Zhan, Hu Ren four judges.

The assailants Hu Qinggang, born October 4, 1972, men maojian region, Shiyan city, Hubei province. Huqing just attack using a folding knife, a total of 22 cm in length. In response to police when preparing the cutter, Hu Qing just vague, "may be to the top (appeal) at that time, almost this time."

According to the CCTV report, Hu Qinggang said in the trial, because of the attack against him against second-instance ruling, "you and I, you come to say".

Shiyan huqing just released pending labor dispute cases in the second instance judgement, but surging News (www.thepaper.CN) received Hu Qinggang maojian region, Shiyan city, the Court of first instance judgement, which records the huqing just overview of the labor dispute cases.

According to records of judgements, Hu Qinggang claims, on August 13, 2013, he was introduced into the Shiyan fangding auto body company (hereinafter referred to as ban companies) to work. During the work, Ding often unpaid wages and did not sign a written labor contract with him, not for him to pay the social insurance. On February 23, 2014, Hu Qinggang forced leave ban company.

Ding Hu Qinggang asked the Court to sentence the company to pay double pay 43,000 yuan, RMB overtime pay 8000, arrears of salary compensation for 13,000 yuan, during the 2000 compensation for contract work and social security.

Before I proceed to court, Hu Qinggang, Shiyan city, to the labor dispute arbitration request for arbitration, the requesting party company paid double wages, overtime pay and other benefits. Shiyan city, but was rejected by the labor dispute Arbitration Commission Hu Qinggang arbitration requests.

Not satisfied with the outcome of arbitration, Hu Qinggang institute prosecution in the courts. Murder suspect in Shiyan judgments of first instance exposure: due to inability to prove labor relations and lost

Hu Qinggang has also been submitted to the court staff on sick leave, attendance certificate, bank account details, ban company work clothes and other evidence.

But ban had argued, and Hu Qinggang has never established a labor relations, Hu also does not provide the company with labour, party company employee roster is also Hu's name. Ban the company to provide the Court with the arbitral award, ban corporate uniforms photos and roster of employees and so on.

Ban Hu Qinggang submitted evidence to disagree, leave alone huqing just print your own, without any signed or stamped company leaders and attendance proved to be a copy of, and cannot be used as evidence; no record company on the bank details to send money to Hu Qinggang. Submitted by Hu Qinggang overalls, and company produce work clothes are different, and it does not prove whether a labour relationship exists.

Hu Qinggang retort, Ding Ding unilaterally submitted time sheet production, company may not include it in the register.

Finally, the Court of first instance considered, submitted to it by their own copies of proof of attendance, Hu Qing just does not suggest that the evidence of the true source, for bank card details do not prove the record sums of money to pay company. Therefore, the evidence cannot prove the existence between the two sides, Hu Qinggang industrial relations, dismissed Hu Qinggang's claim, burden of court costs 10 Yuan is also Hu Qing.

Hu Qinggang appealed against the judgment of first instance, appeal to the intermediate people's Court in Shiyan city. However, he again lost, and took drastic action.

CCTV reported that in previous proceedings, as Hu Qinggang cannot provide valid evidence, proof and the defendant labour relationship exists, claims repeatedly rejected by the arbitration organization and Court. Hu Qinggang constantly lost, came up with idea, judgment is unfair bias of the Court.

Director of publicity in Shiyan Qu Wanyong explained in an interview with CCTV, Hu Qinggang's case because of insufficient evidence, so in arbitration, trial, appeal, flopped. If new evidence is found after Hu Qinggang, also relief can support his claims, or apply to the Court for a retrial, or apply to the public prosecutor's Office filed the protest, can guarantee his rights.

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