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The author:(作者)aaapublished in(发表于) 2013/12/17 15:43:35 Women across the province were mistakenly arrested in Hunan province continued
"The damage to my family, not money can make up for the"
Liuyang was captured by the wrong woman 50,000 yuan compensation for families; Qinghai police say complying with the provisions for compensation of about 5,000 yuan, and his family settled
"Don't move, stretch out your hands! "5 year old small bin for holding a toy pistol, pointing at MOM's back say it out loud. Li Zhi (a pseudonym), slowly turn around, little bin toy handcuffs worn on her hands.
When in a toy store, Xiao-bin chose a toy pistol and a pair of handcuffs. Son "cuffs", which was surprised by Li Zhi. Asked his son why little bin said, the policeman is doing. Li Zhi said, through the leiyang in the high-speed rail station was taken away by the Police Act, there is a shadow on the small bin.
Liuyang 26 years old wife Li Zhi, was taken away by the police on November 24, was then taken to Qinghai, but soon confirmed the police had the wrong man. Currently, she has returned to the home in Liuyang, his family to Qinghai police for 50,000 dollars in damages.
Our reporter, Zhang Shubo Changsha reported
"I just want some justice. "Li Zhi's eyes suddenly brimming with tears, family raised $ 50,000 worth of claims, but the whole family in Qinghai police did not give their cause serious mental harm. Li Zhi said that police services, it may be a very small mistake, but the damage to her family, not with money can make up for it.
Family members fail to take legal means
On November 24, Li Zhi for bullet leiyang West station to buy a ticket, was abruptly taken away by the police. Police said she was arrested for theft in Qinghai province last year, the "pregnancy" was released on bail pending trial, has been after rustlers. Li Zhi were taken by the police in Qinghai province, but later confirmed that police arrested the wrong person, Li Zhi's identity being used fraudulently.
Qinghai police to carry out a public apology. December 11 at around 10 o'clock, two civilian Li Zhi back home in Hunan province.
The next day, police in Qinghai province and Li Zhi family face to face consultation. "We apologize first, said the issue of compensation. "Li Zhi said that they are only willing to pay 5,000 Yuan or so, a small float. 13th, the two sides consult again, but there was no deal.
When in Qinghai province, Li Zhi found himself unwanted pregnancies. On December 16, the family planning service stations in Liuyang, Li Zhi chose abortion. Li Zhi lying in a hospital bed, looking Gaunt, "what I cannot accept is that they don't think too much mental damage caused to my family. ”
"We demand compensation of 50,000. "Husband Li Zhi Liu (not his real name), said he asked for a lawyer, put forward their ideas of compensation. Liu compensation projects are listed, including tardiness, his wife was captured during the cost, reputation and moral damages.
Liu said that the consultations had not settled on two occasions, "If you fail, we will go the legal way".
Police will compensate victims
On December 16, the Qinghai Police Sergeant involved in coordinating the boycott said they negotiated face to face twice with his family, has not been settled. In accordance with the provisions of the law on State compensation, and Li Zhi should receive compensation, but the other party claims 50,000, "this is already a basis for compensation was 10 times."
Police said Garrett, they will not evade its responsibility, willing to provide for compensation for loss of Li Zhi, this loss including loss, damage to reputation, charges and so on. "According to the standard is about 5,000 yuan, on humanitarian grounds can float, but not far off the mark. "The police said Garrett, and they must not violate the relevant provisions," but we also will compensate her. ”
GE said the officer for erring police handling, suspension is only temporary, it did not end. Reporters asked, why did not check in the Hengyang Li Zhi who, he said, the relevant departments have set up an investigation team, will have a final result of the treatment, "we reply uniform. ”
"We will fully respect the views of family members. "Scott's police said, police would continue to settle with his family. If negotiations fail, family members can also take advantage of the legal way.
[Lawyer] a variety of situations may apply for moral damages comfort gold
Xiong Qi of heaven law firm lawyers in Hunan province said that, in accordance with the provisions of the law on State compensation, as State compensation for the applicants, the parties must be submitted to the organs under compensatory obligations, the Agency shall, within two months from the date of receipt of the application as to whether or not compensation decisions, "the client must come to Qinghai province demanded compensation. ”
In accordance with the provisions of the law on State compensation, national compensation payment as the main way. Daily compensation calculated according to the annual workers ' day on the national average wage. The Supreme People's Court issued a notice on May 17, 2013, announced the 2013 national compensation decisions involving compensation for the violation of civil liberties standards, specific amounts to 182.35 Yuan a day.
According to national compensation law under 35th article of provides, if case led to Li Zhi spirit damage of (should by party to proof proved, including applications professional justice identification,), should in infringement acts effects of range within, for its elimination effects, recovery honorary, apologized; as party has evidence proved so caused serious consequences of, such as in justice practice in the often appeared of party suicide, and spirit split, and spirit disability, and marriage family crisis, and social evaluation system dramatic declined,, Parties shall be entitled to apply for moral damages comfort payment.
Xiong Qi admitted that although there is no such compensation for mental damages soothing gold standard, related departments should remain in line with the realistic objectives and effects combined with the nature of the case, and the average standard of living and other factors, to pay moral damages to be touched by the parties of gold. Reporter Zhang Shubo
Expert voices
Before the arrest, the police shall verify the identity
Professor Wang Xuejie, Hunan Administration Institute of the party School of Hunan: in this case, the public security authorities admit is worthy of recognition, but this incident caused considerable trouble for the party, the police should apologize and compensate for consequential loss. Police should have sufficient evidence before the arrests, to verify the identity of the party.
Xiangtan University Law School Professor Huang Mingru: law says police practice no fault, except to say that there are some flaws in procedures, let alone have wronged and misjudged cases. Police should arrest the former identity verification, this is where the existence of flaws. Losses to the party, have every right to be claimed through normal legal means.
Reporter Zhang Shubo
“对我家庭的伤害，不是金钱能弥补的”
浏阳被错抓女子家人提出5万元赔偿；青海警方称按规定赔偿约5000元，愿和家属协商解决
“不许动，把手伸出来！”5岁的小斌拿着玩具手枪，指着妈妈的背大声说。李芝(化名)缓缓转过身，小斌将玩具手铐戴在了她的手上。
在玩具店时，小斌选了玩具手枪和手铐。被儿子“铐起来”，这让李芝很吃惊。问儿子原因，小斌说，警察叔叔就是这么做的。李芝说，经历了在高铁耒阳西站被警方带走的一幕，小斌的心理上还是有了阴影。
26岁的浏阳媳妇李芝，11月24日被警方带走，随后被带到青海，但警方很快证实抓错了人。目前，她已回到浏阳家中，家人向青海警方提出5万元的赔偿。
本报记者 张树波 长沙报道
“我只想讨个公道。”李芝眼中噙满泪水，家人提出了5万元的赔偿要求，但青海警方认为并未给其和家人造成很大的精神伤害。李芝说，对警方来说，这或许只是一个很小的失误，但对她家庭的损害，不是用金钱能弥补的。
家属谈不拢会走法律途径
11月24日，正在高铁耒阳西站买票的李芝，突然被警方带走。警方称，她涉嫌去年在青海盗窃，“因怀孕”被取保候审，之后一直未到案。李芝被民警带到青海，但随后证实，警方抓错了人，李芝的身份被冒用。
青海警方为此进行了公开道歉。12月11日晚上10点左右，两名民警送李芝回到湖南老家。
次日，青海警方和李芝家人进行了当面协商。“先给我们道歉，又说了赔偿问题。”李芝说，当时他们只愿意赔偿5000元左右，可以小幅上浮。13日，双方再次进行协商，但没谈妥。
在青海时，李芝发现自己意外怀孕。12月16日，在浏阳市计划生育服务站，李芝选择了人流手术。躺在病床上的李芝，看起来很憔悴，“我不能接受的是，他们认为没给我家人造成太大的精神损害。”
“我们要求赔偿5万。”李芝丈夫刘华(化名)说，他找了律师，对赔偿提出了自己的想法。刘华列出了赔偿项目，其中包括误工费、妻子被抓期间产生的费用，名誉和精神损失费等。
刘华说，两次协商均未谈妥，“如果实在谈不拢，我们会走法律途径”。
警方不会让受害人吃亏
12月16日下午，青海警方参与协调的葛警官表示，他们与家属当面协商了两次，均未谈妥。根据《国家赔偿法》的规定，李芝应该获得赔偿，但对方要求赔偿5万，“这已经是按依据赔偿的十倍了”。
葛警官说，他们不会逃避责任，愿意按规定赔偿李芝的损失，这笔损失包括误工费、名誉损失费等。“按标准算约有五千元，出于人道主义可以上浮，但不能太离谱。”葛警官说，他们也不能违反相关规定，“但我们也不会让她吃亏的。”
葛警官说，对于犯错民警的处理，停职只是暂时处理，这件事并没有结束。记者询问，在衡阳时为何没有核对李芝身份，他表示，相关部门已经成立了调查组，到时候会有一个最终的处理结果，“我们会统一答复。”
“我们会充分尊重家属的意见。”葛警官说，警方愿意继续与家属协商解决。如果实在协商不成，家属也可以走法律途径。
[律师观点]多种情形可申请精神损害抚慰金
湖南天地人律师事务所律师熊麒说，按照《国家赔偿法》规定，作为国家赔偿的申请人，当事人必须先行向赔偿义务机关提出，该机关应当自收到申请之日起两个月内作出是否赔偿的决定，“当事人必须到青海要求赔偿。”
根据《国家赔偿法》的规定，国家赔偿以支付赔偿金为主要方式。每日赔偿金按照国家上年度职工日平均工资计算。最高人民法院于2013年5月17日下发通知，公布了2013年作出国家赔偿决定涉及的侵犯公民人身自由权的赔偿标准，具体数额为每日182.35元。
根据《国家赔偿法》第三十五条之规定，如果此案导致李芝精神损害的(应当由当事人来举证证明，包括申请专业司法鉴定等)，应当在侵权行为影响的范围内，为其消除影响，恢复名誉，赔礼道歉；如当事人有证据证明因此造成严重后果的，例如在司法实践中常出现的当事人自杀、精神分裂、精神伤残、婚姻家庭危机、社会评价体系剧烈下降等，当事人则有权申请精神损害抚慰金。
熊麒坦言，虽然我国目前并无此类精神损害抚慰金具体赔偿的统一标准，但是相关部门仍然应当本着实事求是的宗旨，并结合案件性质、影响及当地平均生活水平等因素，对当事人支付相应的精神损害抚慰金。记者张树波
专家声音
警方抓人前应核实身份
湖南省委党校、湖南行政学院教授王学杰：在这个事件中，公安机关勇于认错的做法是值得肯定的，但是，这件事给当事人造成了相当大的麻烦，警方应道歉并赔偿相应损失。警方在抓人之前应该要有充分的证据，要核实当事人的身份。
湘潭大学法学院教授黄明儒：从法律上说，警方的做法谈不上过错，只能说在程序上存在一些瑕疵，也谈不上造成冤假错案。警方确实应该在抓人前核实身份，这是其存在瑕疵的地方。至于当事人受到的损失，是完全可以通过正常法律途径要求赔偿的。
记者 张树波
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