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The author:(作者)hpmailer
published in(发表于) 2013/11/28 8:26:54
Heilongjiang Yichun plane crash in a court appearance today, pilots for the first time by the criminal responsibility

Heilongjiang Yichun plane crash pilot sitting today for the first time overtaken penalty _ | | | Yichun plane crash pilot news

August 24, 2010, Henan Airlines flights from Harbin to Yichun VD8387, landed at the airport of Yichun city, Heilongjiang province forest during the crash, killing 44 people on board were killed and 52 injured, 308.91 million yuan of direct economic losses. Since then, Captain Qi Quanjun, arrested for major crimes investigation of flight accidents.


Today, the official in Yichun city, Heilongjiang province Yichun District people's Court heard. The reporter learned that the legal evening news, this is China's first pilot was accused of crimes of major aviation accident cases. As Chinese pilots into the criminal case in the present case, by the International Civil Aviation Organization and China's Supreme People's Court's attention.


  Playback when the plane landed the case rupture killed 44 people


August 24, 2010, Henan Airlines flight via Harbin to Yichun VD8387 passenger plane crashed near the airport in Yi Chunlin. 96 people on board the plane (children 5, unit 5), 44 people were killed and 52 others injured, 308.91 million yuan of economic losses.


It is understood that the plane in the Bush while attempting to break out of the runway of the airport, burning and then broke a small explosion. Accidents happen the next day, the State Department "8·24" in Yichun plane crash investigation group was established.


Captain was 40 years old Qi Quanjun was injured.


Qi Quanjun was captain of Shenzhen Airlines, and later joined the carrier. 2007 sea kunpeng Airlines was a regional airline, later renamed Henan airlines, Shenzhen Airlines is one of its largest shareholder.


  Charges disputed by the Court scene was suing captain


8:30 A.M., Qi's wife, Ms King, as well as in the whole army plane crash survivors to Yichun city Yichun District Court, the Court arranged to hold dozens of people's Court to hear the case, but before entering the Court, audit staff require rigorous security checks before entering the Court.


About 9 o'clock in the morning, Qi Quanjun was brought into the courtroom, entering a court, all eyes in the whole army in the upper gallery, after his wife's body, and no expression in the defendant's seat. Beginning of the trial, all raised their hands to indicate in the whole army, to apply to the Court for a pen and a piece of paper.


After the Prosecutor read out the indictment and prosecution disputed by the presiding judge asked whether the Qi army, Qi Quanjun said, "I disagree", presiding judge went on to ask whether Qi Quanjun voluntary confession, Qi Quanjun immediately said: "courts have not tried, I think what crime? ”


At the presentation stage of the defendant, the Court appears rare scene: Qi Quanjun said the case of entrusting rights defender Zhang Qi Huai lawyer, but the judge started said it would not allow. In criminal cases, the trials, the part should be by the accused himself stated, Zhang Qi Huai acts were disputing, "the accused shall be entitled to have delegated the rights to be implemented statement, which is consistent with the spirit of the law. ”


"But defence counsel was not in the field, how can you understand the situation? "The judge asked.


Zhang Qi Huai acts then replies, "Prosecutor wasn't in the scene, but the prosecution fact partly written by prosecutors. ”


As of press, trial continues.


  Defense lawyers to challenge the accident investigation report


After the crash, the State Council set up a special team to investigate the accident and report.


Report said, Qi Quanjun as accident shift captain, is not fulfil civil aviation law under on Captain statutory duties of about provides, violation manipulation aircraft below minimum run standard implementation into near; in aircraft entered radiation fog, is not saw airport runway, and no established landing by required of Visual reference of situation Xia, through minimum declined height implementation landing; in hit to Qian appeared radio height voice tips, and is not saw airport runway of situation Xia, still is not take complex fly measures, continues to implementation landing, led to aircraft hit to.


Report found that Qi Quanjun directly responsible for the accidents, crime criminally on suspicion of major aircraft accidents. It is understood that the qi is also the first of the whole army is chasing the criminal responsibility of the pilot.


Before the trial, align the military defence lawyers, University Centre for research of air and space law fellow, visiting professor of law at civil aviation management Institute of China, said Director Zhang Qi Huai Lan Peng law firm, the incident report is not true.


Accident report concluded that planes were flying for the first time by the defendant the Yichun airport, according to Henan Airlines provides visibility minimum is 3,600 meters, before the incident the airport controller reported visibility is 2,800 meters.


In counsel's view, report actual 30th when landing on runway visibility has not been found, was unable to confirm correct visibility observations of 2,800 metres. According to the weather forecast of the weather station of Yichun, and that night, visibility greater than 10 kilometers of Yichun.


At the same time, Yichun airport control tower controllers should speak with the crew and passenger records confirmed that the unit can clearly see the runway. Co-pilot says clearly: "the runway lights was on. ”


Controllers also asked whether the crew could see the runway and landing instructions are issued. Passengers were also mentioned, see the airport runway.


"Go around measures have been taken", counsel believes it and driving techniques. Is a Flash 3 seconds, the defendant "did not respond" and "blind implementation of landing" are different.


  Is hardware failure has been blamed in a plane crash at the airport


Zhang Qi Huai noted that the crash was caused by a fruit, the first major reason for that is the airport hardware is not eligible.


After the 8·24 incident, according to the investigation team, according to Yi Chunlin airport comprehensive factors such as topography, geomorphology, meteorology, not suitable for building an airport at all.


At the same time, Yi Chunlin airport without a strict inspection according to law, does not meet the open condition. The accident investigation team of the State Council, the technology group survey says: found in the acceptance of the Commission 54 questions, found in the opened check 49 questions, and in response to these problems, corrective actions and recommendations.


On August 25, the civil aviation safety supervision administration of Heilongjiang province to review the corrective, arguing that 96 of 103 questions had completed rectification and the remaining 7 equivalent to rectify the problem. On August 26, issued an airport operating licence. Yichun airport officially opened the next day.


Zhang Qi Huai said that truth is found in its review of acceptance, 157 questions, rather than 103 issues. On August 25, the 3 days 157 issue corrective actions is complete, stipulates that the Commission shall submit the correction based on the inspection report, but the volume was not found in the improvement of management reports, could not confirm the correction failed.


  In response to airport officials said the event has finished processing


Reporters called Yi Chunlin Airport Office phone this morning. A female staff member said he did not know the pilots tried, and gave the group the total number of calls.


On the phone, Liu collectively, for pilot trial cases he heard, the crash has already completed, "had no effect for us airports, asked if anything about the crash, go ask the Civil Aviation Administration, we can't reply. "With that, General Liu, hang up the phone.


Airlines fly without trial is accused of an offence


Zhang Qi Huai said that behind the crash, as well as Henan airlines management. "Henan airlines without approval, flew illegally without trial. ”


Zhang Qi Huai said that the accident report can be confirmed, the civil aviation authority under relevant provisions of South-Central Administration of civil aviation of Henan, Henan airlines without the Harbin-Yichun route business licensing case, audited agreed to the route operational approval, Henan airlines safety management is weak, inadequate investment in safety, flight technical problems such as weak governance to urge the solution is not in place. "When it happened is August 24, 2010, after the incident, to nail the Civil Aviation Bureau in Northeast China on September 6, which is in the 10th after the accident, quickly issued a license. ”


"The company's operating license was issued a year ago, according to Central-South Bureau of the validation procedure, should be licensed, with operating permits. Henan airline operator's certificate was issued a year ago, and operating licenses are made only after the plane crash, in other words, illegal Henan Airlines flight, the Administration did not play a supervisory role. If the airline flight according to the law, relevant regulations in place, 8·24 accident will not occur. ”


Irregular arrangement and Henan Airlines flights, flights for first flight, there were no provisions to prepare.


  Response to Henan Airlines has cancelled


It is understood that Henan airlines, formerly known as kunpeng airlines, September 25, 2009, was renamed Henan airlines.


On August 27, 2010, the Henan provincial government news release reported that according to the State administration for industry and Commerce published Enterprise name registration administration implementing measures, the Henan provincial administration for industry and Commerce Bureau of Henan airlines, decided to withdraw the registration of enterprise names.


This morning, the journalist repeatedly dialed 114 for Henan airlines, 114 staff gave a telephone directory assistance. But after the phone, staff said on the phone, are running out of Henan airlines, the reporter is dialed telephone call from Zhengzhou airport, "you could not find to Henan airlines, the company canceled. ”


This reporter learned that, on August 27, 2010, the Henan provincial industry and Commerce Bureau withdrew the Henan airlines limited the registration of enterprise names. Media reports said Henan province to invest 400 million Yuan this year, advance the work of Henan airlines bankruptcy reorganization.


  Lawyers interpret arrests appeared associated with highly specialized


Beijing Yue Cheng law firm Shanghai office director Stanley Chao Luo explained that the Penal Code article 131th, aviation personnel for breaking rules, causing major flight accidents, causing serious consequences, 3 years of fixed-term imprisonment or criminal detention; or caused the plane crash deaths, 3 to 7 years in prison.


"It is a big step forward. "In his view, because flights are" event "the consequences will be serious, Wuhan air crash and the baotou air crash should be investigated before the crew's responsibility, but in both cases, the captain had died.


Stanley Chao Luo also said that in addition to captain should be held accountable for the responsibility, ground personnel should also be held accountable as well.


Double Gottlieb Liu Lin of Beijing lawyers told reporters that the 1979 penal code for aviation personnel for breaking rules, causing major flight accidents, causing serious consequences, in crimes of causing traffic casualties held criminally responsible; in 1998 and the revised Penal Code, creation of the crime of major flight accidents.


Since 1981, China recorded more than 20 employees in the civil aviation crash. Among them, several stakeholders considered to be accidents, but no one was held criminally responsible.


"Being left vacant for various reasons, one of which is too highly specialized. The cause of the accident, liability judgment, differentiate, and so needs the participation of professionals, General Criminal Division did not have this ability. "He said to explain the legal evening news reporter.


At the same time, he believes that it is about the jurisdiction between civil aviation and police relations. Specialized public Security Bureau of the civil aviation system, which police close relationships with major airlines, similar to "her investigation themselves." Text/reporter Wang Wei Hong Xue


  Plane crash survivor drove 4 hours to sit in Yichun case says the airline reimbursed up to 3 years or so--


  There's someone out there give me a account


Yichun plane crash in August 2010 with 44 people dead, over more than 50 survivors of the passengers survived. Yesterday afternoon, several survivors braved the snow to drive 4 hours to once again caught up in the nightmare that put them in three years, in order to sit when driving this morning aircraft Qi Quanjun trial in criminal cases.


Several crash survivors said, airlines reported only three hospitals costs claims at a time lag, "3 years, and there's someone out there to answer it. ”


Survivors tell of "never want to Yichun"


On November 27, m MS and several of his friends together on the snow and rushed to Yichun, snow has been on the road a few centimeters thick, Ms m constantly asked the driver, "drive slowly! ”


At 8 o'clock, the Yichun lingxia18℃ wind, arrived Yichun. Their trip, Commander of an air crash is to sit in court 28th Yin Chun Qi Quanjun trials.


"I don't want to Yichun. "Ms m murmured on the way, 2010 plane crash has vividly recall the sudden explosions and shock, followed by their screams, huangbuzelu crowd, Ms m clearly remember, emergency escape masks on the plane did not fall off, upheavals of smoke choked down she and her son moments ... ...


Ms Rice said the tone rising, speaking later, even with kuqiang, "I'm sorry, I've been looking at the psychological, depression is particularly evident before me, not talking to family, and even hurt my son......" Rice said that she has typical of post-traumatic stress disorder, which are caused by the crash.


Now most let she difficult endured of is son in crash Hou was of sin, incident Shi, she and two name friends--Chen ladies and court ladies, three people are with children from Harbin to Yichun playing, incident Hou, due to suddenly inhalation large smoke, caused "explosive of injury" and "Lung inhalation sexual Burns", m ladies said, she and son lung appeared fiber of, currently full is allergy physique, immunity low, still on stream nosebleed.


"Child for allergies itching not to scratch him, rotten body will be flexible ... ...," Ms Rice said, because children with low immunity, her every day for the kids to wear white clothes (the doctor can only wear white clothes), "every idea on the boy's clothes were covered with blood."


In addition, the son has nosebleeds for no reason, Ms Rice said, one time the son fell down at night, sudden outflow from the nose of a large blood tofu thing, "I want to live, I want to go hard ... ..."


Ever since experiencing this crash, son stopped for about 3 months, and then when you go back to school, because you are particularly weak, was always classmates isolation: you cannot play with other children, you cannot participate in group activities, kids outside alone in the crowd. "The children ask me, I'm a bad kid, why can't I play with others? "Rice woman said had choked.


"I exactly 17 days awake"


Through one of these as a plane crash said that after the crash, she has set a record, from rescue to the hospital, she exactly 17 days without a wink: "I need to protect my child, I watched him can't let anything happen to him. ”


Ms Chan's son and Ms Rice's son and daughter are court ladies were students, three children among the best in the class, after the incident, before three of the children with immeasurably: "two-day study on sick day, child's immunity is particularly poor, and it's a lifetime of hurt. "Ms Chan said she looked pale as a sheet in the children every day," know what is broken ".


She now works in a Bank, "I used to sing coloratura! "Ms Chan said she had been admitted into Shanghai Conservatory, but because it was too far to give up the choice of music and worked at the Bank, but she always put it down to sing love, party every year she is the pillar, but after the plane crash," can't sing any more. "


After the crash have a deep impact for all survivors of the vocal cords, "has just been sent to the hospital when we drink the mineral water kill voice. "Ms Chan said that now, more than 300 days a year, I have to cough to 100 days. "Every day before they go to bed scared, afraid the next day woke up coughing, coughing all day, but energy seems to be gone......"


180 cm tall man in Northeast China Mr Guo's survivor, shortly after he was rescued 33 days in ICU, and he lost 30 pounds, "now often inexplicably fever. ”


"Make her cry, I knew she was still alive"


After the incident, court ladies and large areas of the body, the daughter of Burns, wounds after the scabs fall off take off a layer of skin. Nowadays, children often cry ripping, cry the people around us are distressed, Yuan said that although she is distressed, but also just plain face, "let her cry, the way she cry, at least let me know that she's still alive ... ..."


"3 years, should anyone answer it"


After the incident, the airline promised to pay all of the salvage costs, reimbursement of costs of treatment, but the survivors say, airlines reimburse their medical expenses in three hospitals, fee for elsewhere, such as in a pharmacy, and shall not be reimbursed. However, each time you crash through when they took medication to find the airline claims, do not know when can reimbursement accounts, "lately has been dragged on for 3 months".


Escape mask that did not fall off when the incident occurred, she commissioned friends links United States aircraft manufacturers to discuss compensation issues, "the United States had a wonderful time over there, said once identified as the plane's problems, everybody can probably get more than 3 million in compensation. "But when Ms Chan in coordination with the airlines for compensation, said that damages must have been around 200,000 per person, and also to deduct upfront treatment fee has been paid. They said the civil claim will be considered next.


"We don't want compensation, but what about our kids future treatment and life? 3 years, and there's someone out there to answer it! "Several of the survivors said, after the fact, not a single unit, a Department to step forward and give you any comfort, it makes them feel was lacking.


Family members of the defendants son: "don't want to be a pilot"


After the accident, in the hospital for 1 year and 10 months later, Qi Quanjun in June 2012, the captain is in custody awaiting trial, and today before the trial, align the army wife Ms King was 17 months without seeing her husband.


Ms King said that the family lived in Shenzhen before the incident. Turning to the son is now in high school, Kim sighed said: "after what happened, how much more rebellious. "Originally, father and son share more with their exchange of less, since after what happened to Qi Quanjun, my son seems to have grown up all of a sudden, originally wanted to be a pilot's son, after the incident changed the ideal. "He once told me, grow up and want to play basketball, and he said, ' play at least without getting killed. ' ”


Ms King worked in a hospital, she said that labor relations in the airline have broken off and Qi Quanjun. For a husband to be tried, she seems to worry about, "I do not want my son to be affected, now don't tell others about his own father is a pilot! ”


"Enemies" meet survivors said, "is not responsible for his personal"


"We may never be able to be friends, but we don't blame you......" yesterday afternoon, also in order to observe the trial, several survivors of the plane crash and his wife in a hotel in Yichun of Qi Quanjun meet unexpectedly, she calmly said to Ms King.


Chen said that because it is the Qi army plane caused by the plane crash, they can't forget this fact, but they also know, this event is not the responsibility of individuals is to align the entire army, "we're in the airline's planes, not Qi Quanjun personal airplanes ... ..." for liability issues, the two sides appear to have differences.


Text/reporter Wang Wei

(Edit: SN017)
November 28, 2013 Legal evening news
(
黑龙江伊春空难案今日开庭 飞行员首次被追刑责|伊春|空难|飞行员_新闻资讯

  2010年8月24日21时38分,河南航空有限公司哈尔滨至伊春VD8387航班,在黑龙江省伊春市林都机场着陆过程中失事,造成机上44人死亡、52人受伤,直接经济损失30891万元。此后,机长齐全军因涉嫌重大飞行事故罪被立案侦查。


  今天,该案在黑龙江省伊春市伊春区人民法院正式开庭审理。《法制晚报》记者了解到,这是中国首例飞行员被指控重大飞行事故罪的案件。本案作为中国飞行员入刑第一案,受到了国际民航组织及我国最高人民法院的高度关注。


  案件回放飞机降落时断裂44人遇难


  2010年8月24日21时38分,河南航空公司经哈尔滨飞往伊春的VD8387航班客机在伊春林都机场附近坠毁。飞机上96人(其中儿童5人,机组5人)中,44人遇难、52人受伤,经济损失30891万元。


  据了解,飞机在林都机场跑道外降落时发生断裂,随即发生燃烧和小型爆炸。事故发生次日,国务院“8·24”飞机坠机事故调查组在伊春正式成立。


  当时40岁的机长齐全军受伤。


  齐全军原是深圳航空公司的机长,后来加入鲲鹏航空。2007年开航的鲲鹏航空是一家支线航空公司,后更名为河南航空公司,深圳航空是其大股东。


  庭审现场被起诉机长对指控有异议


  上午8时30分,齐全军的妻子金女士以及空难的多名幸存者来到伊春市伊春区法院,法院安排了可以容纳数十人的法庭审理该案,但在进入法庭前,旁听人员需要进行严格的安检才能进入法庭。


  上午9时许,齐全军被带进法庭,走进法庭的齐全军目光在旁听席上游走了一番,此后在妻子的身上定了定,没有任何表情地坐在被告人席上。开庭伊始,齐全军举手表示,向法庭申请要一支笔和一张纸。


  公诉人宣读起诉书后,审判长询问齐全军是否对起诉存在异议,齐全军说“我有异议”,审判长接着问齐全军是否自愿认罪,齐全军马上回答说:“法庭还没审判,我认什么罪?”


  在被告人陈述阶段,法庭出现罕见一幕:齐全军表示将陈述案件的权利委托给辩护人张起淮律师,但法官开始表示不允许。因为在刑事案件的审理中,事实部分都应该由被告人亲自陈述,张起淮随即反驳,“被告人有权将陈述实施的权利委托给他人,这一点符合法律精神。”


  “可是辩护律师没在现场,怎么能了解当时情况呢?”法官问道。


  张起淮随即回复,“检察官也没在现场,但起诉的事实部分也是由公诉人书写的。”


  截至记者发稿,庭审仍在继续。


  辩护意见 律师对事故调查报告提质疑


  空难发生后,国务院成立专门小组对事故进行调查并发布报告。


  报告称,齐全军作为事故当班机长,未履行《民用航空法》关于机长法定职责的有关规定,违规操纵飞机低于最低运行标准实施进近;在飞机进入辐射雾,未看见机场跑道、没有建立着陆所必需的目视参考的情况下,穿越最低下降高度实施着陆;在撞地前出现无线电高度语音提示,且未看见机场跑道的情况下,仍未采取复飞措施,继续实施着陆,导致飞机撞地。


  报告认为,齐全军对事故发生负有直接责任,应以涉嫌重大飞行事故罪追究其刑事责任。据了解,齐全军也是首个被追刑责的飞行员。


  开庭前,齐全军的辩护律师中国政法大学航空与空间法研究中心研究员、中国民航管理干部学院客座法学教授、蓝鹏律师事务所主任张起淮表示,该事故报告不成立。


  事故报告认定:被告人所驾飞机是第一次飞伊春机场,根据河南航空公司规定,能见度最低应为3600米,而事发前机场管制员通报的能见度是2800米。


  但律师认为,报告未对实际降落时的30号跑道能见度进行认定,事后无法证实能见度观测值2800米是否正确。根据伊春气象台的气象预报,当晚,伊春的能见度大于10公里。


  同时,伊春机场塔台管制员与机组的通话及乘客笔录证实,机组可以明显看到跑道。副驾驶员明确说道:“跑道灯挺亮。”


  管制员也是询问机组是否可以看到跑道后,下达了着陆指令。乘客也提到,看到了机场跑道。


  对于“未采取复飞措施”问题,律师认为这和驾驶技术有关。3秒钟是一瞬间,被告人“没反应过来”和“盲目实施着陆”有区别。


  机场硬件不合格被指是空难首因


  张起淮指出,空难是多因一果造成,第一大原因便是机场硬件不合格。


  8·24事件后,根据调查组的调查,根据伊春林都机场地形、地貌、气象等综合因素,根本不适合建机场。


  同时,伊春林都机场未经依法严格验收,未达到开放条件。《国务院事故调查组技术组调查报告》中记载:委员会在验收中发现54个问题,在开放使用检查中发现49个问题,并针对上述问题提出整改措施及建议。


  8月25日,民航黑龙江安全监督管理局对整改情况进行复查,认为103个问题中的96个已经整改完成,其余7个问题进行了等效整改。于8月26日签发了机场使用许可证。伊春机场于次日正式开放使用。


  张起淮表示,事实是委员会在审查验收中发现了157个问题,而不是103个问题。8月25日,即3天时间就对157个问题整改完毕,依据规定委员会应当提交整改检查报告,但卷中没有发现管理部门的整改检查报告,无法证实整改合格。


  ●相关回应 机场负责人称事件早已处理完


  记者上午拨通了伊春林都机场办公室电话。一名女性工作人员称,自己并不知道今天飞行员受审的情况,并给了集团刘总的电话。


  在电话里刘总称,对于飞行员受审的情况他没有听说,空难事件处理早已完毕,“对我们机场没有什么影响,要是问有关空难的事情,你们去问民航总局,我们答复不了。”说完,刘总便挂掉了电话。


  航空公司未审先飞被指违法


  张起淮表示,这起空难背后,还有河南航空公司的管理问题。“河南航空公司未经批准,违法未审先飞。”


  张起淮说,事故报告可以证实,民航河南监管局违反民航中南地区管理局相关规定,在河南航空未取得哈尔滨至伊春航线经营许可的情况下,审定同意该航线的运行许可,对河南航空安全管理薄弱、安全投入不足、飞行技术管理薄弱等问题督促解决不到位。“事发时是2010年8月24日,事发后,为弥补过错,民航东北局于9月6日,也就是事故发生后的10日内,赶紧颁发了经营许可证。”


  “该公司的运营许可证是一年前颁发的,根据中南局审定程序,应当先发经营许可,再有营运许可。而河南航空公司的营运许可证是事故发生的一年前就已颁发,而经营许可证是空难后才发的,换言之,河南航空公司违法飞行,相关行政部门没有起到监管作用。如果航空公司依法飞行,相关部门监管到位,8·24空难事故不会发生。”


  而且河南航空公司违规安排飞行,针对首次飞行的航班,没有按规定进行相关准备。


  ●相关回应 河南航空公司已被注销


  据了解,河南航空公司的前身为鲲鹏航空公司,2009年9月25日更名为河南航空有限公司。


  2010年8月27日晚,河南省政府新闻办对外发布通报称,根据国家工商行政管理总局发布的企业名称登记管理实施办法,河南省工商行政管理局决定撤销河南航空有限公司企业名称登记。


  今天上午,记者多次拨打114查询河南航空公司,114查号台工作人员给了记者电话。但电话接通后,电话里的工作人员称,已经没有河南航空公司了,记者拨打的电话是郑州机场的电话,“你已经找不到河南航空公司了,公司取消了。”


  记者了解到,2010年8月27日,河南省工商局撤销了河南航空有限公司企业名称登记。有媒体报道称,今年河南省要投资4亿元,推进河南航空公司破产重组工作。


  律师解读首案至今才出现与专业性强有关


  北京众鑫律师事务所上海分所主任赵霄洛解释说,刑法第131条规定,航空人员违反规章制度,致使发生重大飞行事故,造成严重后果的,处3年以下有期徒刑或者拘役;造成飞机坠毁或者人员死亡的,处3年以上7年以下有期徒刑。


  “这是个大进步。”他认为,因为飞行事故是“大事”,后果很严重,以前武汉空难和包头空难都应该追究机组人员的责任,但是在这两起案件中,机长都已经死亡。


  赵霄洛还表示,除了应该追究机长责任外,地面一些人员也应该在被追究之列。


  北京市双利律师事务所刘琳律师告诉记者,1979年刑法对航空人员违反规章制度,致使发生重大飞行事故,造成严重后果的行为,以交通肇事罪追究刑事责任;在1998年新修订的刑法当中,单设了重大飞行事故罪。


  1981年以来,中国民航共发生20余起空难。其中,数起有关方面认为是责任事故,但没人为此被追究刑事责任。


  “被悬空的原因很多,其中之一是专业性太强。事故原因、责任判定、区分等都需要专业人员的参与,一般刑事部门不具备这个能力。”他对《法制晚报》记者解释说。


  同时,他认为这和民航与公安之间的管辖关系有关。民航系统有专门的公安局,而这些公安局与各大航空公司关系密切,类似于“自己调查自己”。文/记者王巍洪雪


  空难幸存者驱车4小时到伊春旁听案件称航空公司报销医疗费用滞后3年多了——


  总该有人出来给个交代吧


  2010年8月的伊春空难有44人不幸罹难,有50多名幸存乘客活了下来。昨天下午,几位幸存者冒着大雪驱车4小时再度来到这个让他们在三年中噩梦缠身的地方,为的是今天上午旁听当年驾驶飞机的机长齐全军的刑事案件开庭。


  几位空难幸存者表示,航空公司只报三甲医院费用,每次报销滞后,“3年多了,总该有人出来给个交代吧。”


  幸存者讲述“再也不想到伊春了”


  11月27日下午4时,米女士和自己的几名好友一起乘车冒雪赶往伊春,路上的积雪已经几公分厚,米女士不停地嘱咐司机“慢点开!”


  晚上8时,在伊春零下18℃的寒风中,一行人到达伊春。他们此行,就是要旁听法院28日对尹春空难中机长齐全军的审判。


  “我再也不想来伊春了。”米女士在路上喃喃地说,2010年的空难至今历历在目,突如其来的爆炸声和震荡,继而是此起彼伏的尖叫,慌不择路的人群,米女士清晰地记得,飞机上的紧急逃生面罩并没有脱落,扑面而来的浓烟把她和儿子瞬间呛倒……


  米女士说着语调越来越高,说到后来甚至带着哭腔,“对不起,我现在一直在看心理科,我之前抑郁特别明显,不跟家里人说话,甚至伤害我儿子……”米女士说,她有典型的应激障碍,这一切都是那场空难造成的。


  如今最让她难以忍受的是儿子在空难后遭的罪,事发时,她与两名好友——陈女士和苑女士,三人都带着孩子从哈尔滨到伊春玩,事发后,由于突然吸入大量浓烟,造成“爆炸性的损伤”和“肺部吸入性灼伤”,米女士说,她和儿子肺部出现纤维化,目前全是过敏体质,免疫力低下,动不动就流鼻血。


  “孩子身上因为过敏痒得不行,他去挠,身上都快被挠烂了……”米女士说,由于孩子免疫力低下,她现在每天都给孩子穿白色的衣服(医生要求只能穿白色衣服),“每天都能看到孩子衣服上布满血点子”。


  此外,儿子还会莫名其妙地流鼻血,米女士说,有一次儿子晚上一倒头,突然就从鼻子流出一大块好像血豆腐一样的东西,“我当时就不想活了,我想去找人拼命……”


  自打经历了这场空难,儿子停了约3个月课,再回学校时,由于身体特别虚弱,总被同学们孤立:不能与其他小朋友玩,不能参与集体活动,孩子总是一个人孤零零地在人群外。“孩子问我,我是坏孩子么,为什么我不能跟别人一起玩?”米女士说到已经哽咽。


  “我整整17天没合眼”


  作为空难亲历者之一的陈女士说,在空难后,她创了一个纪录,从抢救到住院,她整整17天没合眼:“我得守护我儿子,我得看着他不能让他出事。”


  陈女士的儿子与米女士的儿子以及苑女士的女儿都是同学,仨孩子在班里成绩名列前茅,事发后,仨孩子学习与之前没法比了:“上两天学就得病一天,孩子的免疫力特别差,这可是一辈子的伤害啊。”陈女士说,她每天看着面色苍白如纸的孩子,“才知道什么是心碎的感觉”。


  陈女士目前在银行工作,“我以前是唱花腔女高音的!”陈女士说,她曾经被上海音乐学院录取,但因为太远放弃了选择音乐而到银行工作,但她始终放不下唱歌的爱好,每年单位联欢会她都是台柱子,但空难过后,“再也不能唱了”。


  空难后给所有幸存者的声带都带来刻骨铭心的影响,“刚被送到医院的时候,我们喝矿泉水都觉得杀嗓子。”陈女士说,现在每年300多天,我得咳嗽100来天。“每天睡觉前都觉得害怕,怕第二天早上起来会咳嗽,咳得一天的精力似乎都没有了……”


  身高180公分的东北汉子郭先生也是位幸存者,事发后他在ICU被抢救了33天,瘦了30斤,“现在经常莫名地发烧。”


  “让她哭吧,这样我知道她还活着”


  事发后,苑女士的女儿身体大面积烧伤,伤口结痂后脱落带掉一层皮。如今,孩子还经常会哭得撕心裂肺,哭得周围的人都心疼,苑女士说,她虽然心疼,但每次也只是平淡面对,“让她哭吧,她哭出来的样子,最起码让我知道她还活着……”


  “3年多了,总该有人给个交代吧”


  在事发后,航空公司承诺支付全部的抢救费用,也报销了治疗费用,但据幸存者们表示,航空公司只报销他们在三甲医院的医疗费用,在药店等其他地方的费用,一概不予报销。而且,每次这些空难经历者们拿着医药费去找航空公司报销时,都不知道报销何时能到账,“最近的一笔已经拖了3个月了”。


  针对事发时没有脱落的逃生面罩,陈女士委托朋友联系在美国的飞机制造商商谈赔偿事宜,“美国那边很痛快,说只要认定是飞机的问题,每个人大概可以获得300多万的赔偿。”但陈女士在与航空公司协调赔偿时,对方表示每人的赔偿金额大概是20万左右,还要扣除前期已经支付的治疗费。他们表示,接下来会考虑民事索赔问题。


  “我们没想要多少赔偿,但我们孩子今后的治疗和生活怎么办?3年多了,总该有人出来给个交代吧!”几名幸存者表示,事情发生后,没有一家单位,一个部门站出来给大家带来任何安慰,这让他们觉得心里没有着落。


  被告人家属儿子:“再不想当飞行员了”


  事故发生后,在医院住了1年10个月之后,机长齐全军于2012年6月被羁押等待受审,到今天开庭前,齐全军的妻子金女士已经17个月没有见到丈夫了。


  金女士说,事发前他们一家住在深圳。谈到目前已经上高中的儿子,金女士叹着气说:“出事后,就更叛逆了。”原本,儿子与父亲的交流比较多,与自己交流较少,自从齐全军出事后,儿子好像突然间长大了,原本想当飞行员的儿子,事发后改变了理想。“他有次跟我提起,长大后想打篮球,他说‘打球最起码不会搞出人命’。”


  金女士在医院工作,她说航空公司已经解除了与齐全军的劳动关系。对于丈夫受审,她显得顾虑重重,“我不希望我儿子再受到什么影响,他现在都不跟别人提自己的父亲是飞行员!”


  “仇人”见面幸存者说:“责任不在他个人”


  “我们可能永远无法成为朋友,但我们也不怪你……”昨天下午,同样为了旁听此次开庭,几名空难幸存者与齐全军的妻子在伊春某宾馆意外碰面时,陈女士平静地对金女士说。


  陈女士说,因为是齐全军开飞机造成的空难,她们无法忘记这个事实,但她们也清楚,这个事件的责任并不在于齐全军个人,“我们坐的是航空公司的飞机,不是齐全军个人的飞机……”对于责任的问题,双方似乎并没有什么分歧。


  文/记者王巍


(编辑:SN017)
2013年11月28日15:14
法制晚报
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