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标题: 撞伤不如撞死 [打印本页]

作者: choi    时间: 9-7-2015 08:45
标题: 撞伤不如撞死
本帖最后由 choi 于 9-7-2015 10:19 编辑

(1)  郑裕文, VOA连线:撞伤不如撞死,中国社会怪象, VOA Chinese, Sept 7, 2015 (video only)
http://www.voachinese.com/media/ ... o-kill/2950684.html
("美国知名网络杂志Slate最近刊登文章,报道中国的一种社会怪象,就是在交通事故中,一些驾驶人存有把人“撞伤不如撞死”的恶劣心态,是什么原因造成这种泯灭人性的问题?是法律不给力,还是社会道德的沦丧?下面在美国之音伦敦演播室接受访问的是这篇文章的作者,美国德汇律师事务所,研究中国法律问题的高级法律顾问尚撷福先生,他的英文名字是Geoffrey Sant")


(2) Geoffrey Sant, Driven to Kill; Why drivers in China intentionally kill the pedestrians they hit. Sept 4, 2015.
http://www.slate.com/articles/ne ... china_s.single.html

Quote:

"I first heard of the “hit-to-kill” phenomenon in Taiwan in the mid-1990s  

"Both China and Taiwan have passed laws attempting to eradicate hit-to-kill cases.

Note:
(a) Geoffrey Sant
http://www.dorsey.com/Sant_Geoffrey. Dorsey & Whitney LLP, undated
(JD, New York University 2008; MA, Columbia University 2005 (Chinese & Japanese Literature); BA, University of Chicago 1996)
(b) "Driven to Kill." The "driven" is a pun. See driven
http://www.merriam-webster.com/dictionary/driven

(c) "In April [Apr 20, 2015] a BMW [various media outlets in China only says: 小轿车; none mentions BMW] racing through a fruit market in Foshan 佛山禅城区扶西水果批发市场 in China’s Guangdong province knocked down a 2-year-old girl and rolled over her head. As the girl’s grandmother shouted, ‘Stop! You’ve hit a child!’ the BMW’s driver paused, then switched into reverse and backed up over the girl. The woman 严某 at the wheel drove forward once more, crushing the girl for a third time 3次碾压. When she finally got out from the BMW, the unlicensed driver immediately offered the horrified family a deal: 'Don’t say that I was driving the car,' she said. 'Say it was my husband. We can give you money 不要说是我开的车,说是我老公开的。我可以赔你们钱.' * * * And last month the unlicensed woman who had killed the 2-year-old in the fruit market with her BMW—and then offered to bribe the family—was brought to court. She claimed the killing was an accident. Prosecutors accepted her assertion, and recommended that the court reduce her sentence to two to four years in prison."
(i) The case went to trial on Aug 5, 2015 at 禅城区法院.
(ii) “起诉书只是认定小娜被汽车右前轮辗压头部,并没有提及 ‘3次碾压。’ ”  广州日报, Aug 6, 2015

(d) "This 2008 television report features security camera footage of a dusty white [VW] Passat 帕萨特 reversing at high speed and smashing into a 64-year-old grandmother. The Passat’s back wheels bounce up over her head and body. The driver, Zhao Xiao Cheng 赵 小程 * * * Zhao Xiao Cheng—the man caught on a security camera video driving over a grandmother five times—ended up paying only about $70,000 in compensation."
(i) It happened in 2006 (specifically Apr 4), NOT 2008.  At 浙江省台州市黄岩区西城双江小区, and the victim was 陈冬香.
(ii) At 黄岩区人民法院, Zhao was charged with and convicted of 过失致人死亡罪. She paid the deceased’s family 55万元.

(e) "In 2010 in Xinyi, video captured a wealthy young man reversing his BMW X6 out of a parking spot. He hits a 3-year-old boy, knocking the child to the ground and rolling over his skull. The driver then shifts his BMW into drive and crushes the child again. Remarkably, the driver then gets out of the BMW, puts the vehicle in reverse, and guides it with his hand as he walks the vehicle backward over the boy’s crumpled body. * * * The driver then puts the BMW in drive again, running over the boy one last time as he drives away."
(i) It occurred at 江苏省徐州市新沂市青年路良辰花苑小区., on Sept 7, 2010.
(ii) The young man, the driver (only one person inside the car), was a chauffeur, not the car owner, And he was caught at the scene.

(f) "In Sichuan province, an enormous, dirt-encrusted truck knocked down a 2-year-old boy. The toddler was only dazed by the initial blow, and immediately climbed to his feet. Eyewitnesses said that the boy went to fetch his umbrella, which had been thrown across the street by the impact, when the truck reversed and crushed him, this time killing him. * * * one outraged website posted photographs appearing to show the child’s body under the truck’s front wheel.
(i) The victim, named 熊茂科, was not two years old, but five.
(ii) The truck driver was 敖勇.
(iii) It occurred at 四川省泸州市泸县云锦镇云丰村, on Oct 20, 2011.


(g) "Of course, not every hit-to-kill driver escapes serious punishment. A man named Yao Jiaxin 药家鑫 who in 2010 [Oct 20] hit a bicyclist in Xian and returned to make sure she was dead—even stabbing the injured woman with a knife—was convicted and executed. In 2014 a driver named Zhang Qingda [on Nov 9, 2011 (NOT 2014) 大学生] 张庆达 who had hit an elderly man in Jiayu Pass in Gansu province with his pickup truck and circled around to crush the man again was sentenced to 15 years in prison."

Regarding 张庆达. "2012年3月8日,嘉峪关市人民法院以故意杀人罪,判处张庆达死刑,剥夺政治权利终身。宣判后,张庆达不服 * * * 提出上诉,2013年5月省高院决定 '撤销原判发回重审决定。'  2014年2月24日,该案经过补充侦查后,嘉峪关市法院一审 * * * 判决张庆达犯故意杀人罪,判处有期徒刑15年。"  From which defendant appealed once more; apparently 高院 has not decided on the second appeal.





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