1 thought on “February 2010 today's statement a manuscript”
Mitchell
Wang Ankui, a first -aid driver at the People's Hospital of Henan Province, Wang Ankui, had a car accident when he got out of the car, causing two elderly people to die. The family members of the victims asked the Minquan County People's Hospital to compensate. The hospital said that they contracted the first aid vehicle to the driver himself. The driver should be responsible for the accident. However, Wang Ankui believes that he is a hospital employee and let himself bear all responsibilities. At more than 9:00 am on February 1st this year, on a highway outside the county county counties in Henan Province, an emergency car was driving. A three -wheeled tricycle. The driver of the first aid vehicle was Wang Ankui, who worked at the People's Hospital of Civil Affairs County, Henan Province, and was knocked down by a motor tricycle with a total of three elderly people on it. The impact caused the old man to be injured, and the other old man caused a heart attack because of frightening. Police found that Wang Ankui, a first -aid driver, was responsible for the same responsibility with the tricycle driver. Subsequently, the family members of the excited deceased rushed to the hospital to discuss. The sudden change made Wang Ankui overwhelmed, and also made Wang Ankui feel tremendous pressure. Forced by helplessness, the hospital leader and the family members of the deceased took out the solution overnight, compensating the family members of the deceased 92,000 yuan, compensation for 4,000 yuan, a total of 96,000 yuan. After that, the hospital made a request to Wang Ankui, a first -aid driver, and Wang Ankui was paid by Wang Ankui, otherwise he would not let him continue to work in the hospital. The hospital explained that the reason why this request was made because the hospital had reformed the use and management of emergency vehicles since 2001. The reporter in the court showed a contract with the name of the contract "171 First -aid Car Rental Contract". Party A is the People's Hospital of Minquan County, and Party B is an individual of first -aid drivers. Among them, the first aid vehicle can be bought by the driver at one time, including all expenses such as wages and road maintenance fees. The contract stipulates that each time the patient is delivered to the patient, the hospital pays 30 yuan, 50 yuan or 70 yuan to the driver at a distance. At the same time, the responsibility of vehicle accidents was clearly agreed, and the driver was responsible for the accident. The hospital believes that according to the contract, the actual ownership of the car belongs to the driver himself. The hospital is renting a first -aid car to go to the clinic, as if passengers are not responsible for a car accident. An emergency car accident, the hospital as the leaser obviously should not be responsible for the matter. Faced with this request made by the hospital, the Wang Ankui family felt very difficult. However, it was not easy for the public to find a position in the public. The Wang family finally agreed to pay the hospital before the hospital, and they then handed the money to the hospital. After the family members of the deceased got this compensation, their emotions were soothing, and things seemed to have passed. However, the more the Wang Ankui family thought about it, the more it was not the taste. In order to raise the money, they even mortgaged the house. They also borrowed their debts everywhere. Wang Ankui's wife's wife could not get good care. Wang Ankui felt that he was also an official employee of the hospital. He had a traffic accident to allow the driver to be responsible for all compensation, which is not fair. And after the incident, Wang Ankui also heard such a saying that ambulances were special vehicles, and should not be traded or contracted. Wang Ankui feels that the contract seems invalid from the beginning. The hospital cannot agree with Wang Ankui. Hospital leaders explained that before the reform, there were five first -aid cars in the hospital. Various expenses such as maintenance and maintenance of vehicles cost nearly 600,000 yuan each year. In order to save expenditures, the hospital only learned from the experience of Guangdong and other places and implemented a contract with first -aid vehicles. The hospital said that the car is now under the person. The driver is diligent in maintenance and maintenance of the car, active in the car, and a good attitude towards the patient. The personal income of the driver has increased. Therefore, this reform does not have any problems in practice. At the same time, the hospital stated that when the agreement was signed, since Wang Ankui and other drivers did not raise any objections, they should now deal with the accident according to the content of the agreement. The Wang family said that the contract was indeed signed, but the vehicle was not transferred, and the owner was still the People's Hospital of Minquan County. According to the law, the owner of the car accident is also responsible. The hospital cannot push the responsibility of traffic accidents. On the question of whether the contract is valid, Wang Ankui argued with the hospital. At this time, the Wang family put forward such a view that on February 1, 2005, the new contract began to be implemented on the day of Wang Ankui. Vehicle insurance should be purchased by the hospital. However Some of them make individuals pay for it, so the losses caused by Wang Ankui should be paid by the hospital. But the hospital refuted their views. The hospital explained that the contract was signed after Wang Ankui had a traffic accident. The reason why I chose to take effect on February 1 is because this year the hospital has raised the payment standard for emergency vehicles. Therefore, the agreement on purchasing insurance shall still be implemented in accordance with the old agreement. Wang Ankui acknowledged that according to the old agreement, the driver should be insurance on the car, but since it clearly stipulates that the new contract will take effect on February 1, 2005, and the hospital said that it is necessary to work according to the contract, then this new contract should be strictly abide by the contract. The hospital shall bear the corresponding compensation liability. The hospital insisted that Wang Ankui should bear all the liability for compensation. They also proposed a new situation that Wang Ankui was not a business at all. The hospital said that the hospital usually sent an ambulance to register, but Wang Ankui was improper on the day, and there was no record when he got out of the car. The hospital did not know what he did. Therefore, no matter what, the responsibility of the accident should be borne by Wang Ankui himself. In the face of this statement of the hospital, Wang Ankui argued that he really went to pick up the patient that day, and he also took the reporter to find the illness he was going to pick up that day. Uncle Han said he and Wang Ankui lived in a village. On February 1, he felt uncomfortable, so he asked his neighbors to go to the county to find a doctor. His neighbor found Wang Ankui. Wang Ankui said that Wang Ankui had been kind since he was a child. He was very pitiful to see the old man who had no children and no daughter. Wang Ankui said that he wanted to take the disease number to the hospital and also bring benefits to the hospital. He did not expect that a car accident before he was then. However, whether it is responsible for patients or to increase income to the hospital, this time should be regarded as official behavior, and the liability for compensation for traffic accidents shall be borne by the hospital. But now because of this money, Wang Ankui's family lives very difficult. In order to ask for a statement, on May 16, 2005, the Wang family decided to sue the hospital to court and asked to return them to 60,000 yuan in compensation to the hospital. On August 5, 2005, the Henan Provincial People's Court of Civil Affairs County was tried on the case. The two sides insisted on their respective views and were deadlocked. On October 9, 2005, the People's Court of Henan Province made a judgment on the case according to law. The court believes that Wang Ankui does not belong to a business car during the non -work, and Wang Ankui should bear the main responsibility by the accident. Because the emergency vehicle is a business car cannot be bought and sold, and the ownership of the first aid vehicle still belongs to the hospital, the hospital should bear 40 % of the 92,000 yuan compensation, which is 38,400 yuan, which is 38,400 yuan. Other litigation requests. Moderator: We all know that ambulances, police cars, or fire trucks belong to the same type of vehicle. Do such vehicles be responsible for traffic accidents? Zheng Xueqian: Ambulance, fire trucks and police are special vehicles. When performing such emergency tasks, it can not be limited by the route, direction, speed, and signal lights of the road, but to ensure safety. It is not that you can have an accident with this right to prioritize, that is, the right to priority is not equal to the exemption privilege. Therefore, the local traffic police department's final responsibility determination was half the responsibility of the tricycle and ambulance, but the hospital proposed that there was a management agreement between me and the driver. Moderator: The most important content of this agreement is that the hospital sells the car to the driver. The hospital becomes a person similar to a taxi. Every time there is a patient, the hospital gives the driver money, and the driver pulls the patient back. Under such circumstances, can the hospital say to the family members of the deceased, I refuse to compensate you, do you go to the driver? Zheng Xueqian: Ambulance is a special vehicle. Its scope of use is restricted. Individuals cannot have it and cannot be handed over to private operations. It has a special rule for resale or transfer. In addition to the approval of the health administrative department, it must be passed through the Transportation Administration, so it is not said that it is sold out casually. Find the hospital and be responsible for the hospital. As for the two of you, how to share the compensation share in accordance with the agreed method, it has nothing to do with the family members of the deceased. Moderator: In this agreement, it also involves insurance issues. We found that the time for this agreement to take effect is particularly strange. It was February 1, 2005. It happened to be the day of the accident. If there is no insurance, should the insurance pay for this part of this part of the hospital? Zheng Xueqian: It should be like this. Our country's mandatory insurance for motor vehicles shall buy a third party. As a car owner, you should buy it. Although you signed an agreement, it is not realized, and the hospital should also bear the obligation to purchase insurance. Moderator: Now I heard that many hospitals are indeed reforming the use of first aid vehicles. Because sometimes as a hospital, it really feels a bit of a burden, but what is the reasonable and legitimate scope of this reform? Zheng Xueqian: Due to the market economy, the state's investment in hospitals is also insufficient. Many hospitals have adopted a target management responsibility system or called measuring measures, or contracting for vehicles for maintenance costs. I think it is okay. But it is by no means selling this car to you, and then I rent it to you, which has changed the ownership of the car and the state’s task of social security in this area. The reform of the use method must also follow a principle. Emergency resources should be in the hands of the hospital. Once there is something, the hospital is very easy to prepare the use of these ambulances. Moderator: We may not be able to hit a taxi on the street, so you think that in the agreement between the hospital and the driver, the most important point is that the method of transferring ownership of this ambulance is obviously not allowed to transfer ownership of ownership. Take. Zheng Xueqian: Now the "Road Traffic Safety Law" clearly stipulates that it is a special vehicle, so it cannot be said to be sold to personal, but whether it can be contracted, and whether it can be rented to others. The country seems to lack a unified uniform in this regard. Legal management regulations. Beijing's emergency vehicle management regulations clearly stipulate that it is strictly forbidden to use him and strictly eliminate the contracting to any unit and individual. Moderator: The obvious defect in contracted in this way is that the hospital sometimes does not know. Zheng Xueqian: There is a problem of private buses here. The ambulance in our hospital is generally a duty system. This car itself is not on duty. He should call the hospital's duty room and notify the hospital's duty ambulance to leave the car. Because in this case, you can't tell whether he is really performing official duties, so I think he has some problems. However, there are also problems in the management of hospitals. It is reasonable to say that other cars cannot go out except for duty. The hospital assumes 40 % of the responsibilities from its management and neglected management. If you have extra vehicles, you can transfer it to the units that lack ambulances through legitimate channels, so that you can specialize in special cars. Moderator: Ambulance does not exclude resource preparation in the environment of the market economy. It can have liquidity, but this liquidity must ensure the nature of special vehicles and its public welfare nature, so that the hospital can be reduced not only The cost of expenditure in this area can also ensure that the ambulance truly becomes a life -saving car for every patient.
Wang Ankui, a first -aid driver at the People's Hospital of Henan Province, Wang Ankui, had a car accident when he got out of the car, causing two elderly people to die. The family members of the victims asked the Minquan County People's Hospital to compensate. The hospital said that they contracted the first aid vehicle to the driver himself. The driver should be responsible for the accident. However, Wang Ankui believes that he is a hospital employee and let himself bear all responsibilities. At more than 9:00 am on February 1st this year, on a highway outside the county county counties in Henan Province, an emergency car was driving. A three -wheeled tricycle. The driver of the first aid vehicle was Wang Ankui, who worked at the People's Hospital of Civil Affairs County, Henan Province, and was knocked down by a motor tricycle with a total of three elderly people on it. The impact caused the old man to be injured, and the other old man caused a heart attack because of frightening. Police found that Wang Ankui, a first -aid driver, was responsible for the same responsibility with the tricycle driver. Subsequently, the family members of the excited deceased rushed to the hospital to discuss. The sudden change made Wang Ankui overwhelmed, and also made Wang Ankui feel tremendous pressure. Forced by helplessness, the hospital leader and the family members of the deceased took out the solution overnight, compensating the family members of the deceased 92,000 yuan, compensation for 4,000 yuan, a total of 96,000 yuan. After that, the hospital made a request to Wang Ankui, a first -aid driver, and Wang Ankui was paid by Wang Ankui, otherwise he would not let him continue to work in the hospital. The hospital explained that the reason why this request was made because the hospital had reformed the use and management of emergency vehicles since 2001. The reporter in the court showed a contract with the name of the contract "171 First -aid Car Rental Contract". Party A is the People's Hospital of Minquan County, and Party B is an individual of first -aid drivers. Among them, the first aid vehicle can be bought by the driver at one time, including all expenses such as wages and road maintenance fees. The contract stipulates that each time the patient is delivered to the patient, the hospital pays 30 yuan, 50 yuan or 70 yuan to the driver at a distance. At the same time, the responsibility of vehicle accidents was clearly agreed, and the driver was responsible for the accident. The hospital believes that according to the contract, the actual ownership of the car belongs to the driver himself. The hospital is renting a first -aid car to go to the clinic, as if passengers are not responsible for a car accident. An emergency car accident, the hospital as the leaser obviously should not be responsible for the matter. Faced with this request made by the hospital, the Wang Ankui family felt very difficult. However, it was not easy for the public to find a position in the public. The Wang family finally agreed to pay the hospital before the hospital, and they then handed the money to the hospital. After the family members of the deceased got this compensation, their emotions were soothing, and things seemed to have passed. However, the more the Wang Ankui family thought about it, the more it was not the taste. In order to raise the money, they even mortgaged the house. They also borrowed their debts everywhere. Wang Ankui's wife's wife could not get good care. Wang Ankui felt that he was also an official employee of the hospital. He had a traffic accident to allow the driver to be responsible for all compensation, which is not fair. And after the incident, Wang Ankui also heard such a saying that ambulances were special vehicles, and should not be traded or contracted. Wang Ankui feels that the contract seems invalid from the beginning. The hospital cannot agree with Wang Ankui. Hospital leaders explained that before the reform, there were five first -aid cars in the hospital. Various expenses such as maintenance and maintenance of vehicles cost nearly 600,000 yuan each year. In order to save expenditures, the hospital only learned from the experience of Guangdong and other places and implemented a contract with first -aid vehicles. The hospital said that the car is now under the person. The driver is diligent in maintenance and maintenance of the car, active in the car, and a good attitude towards the patient. The personal income of the driver has increased. Therefore, this reform does not have any problems in practice. At the same time, the hospital stated that when the agreement was signed, since Wang Ankui and other drivers did not raise any objections, they should now deal with the accident according to the content of the agreement. The Wang family said that the contract was indeed signed, but the vehicle was not transferred, and the owner was still the People's Hospital of Minquan County. According to the law, the owner of the car accident is also responsible. The hospital cannot push the responsibility of traffic accidents. On the question of whether the contract is valid, Wang Ankui argued with the hospital. At this time, the Wang family put forward such a view that on February 1, 2005, the new contract began to be implemented on the day of Wang Ankui. Vehicle insurance should be purchased by the hospital. However Some of them make individuals pay for it, so the losses caused by Wang Ankui should be paid by the hospital. But the hospital refuted their views. The hospital explained that the contract was signed after Wang Ankui had a traffic accident. The reason why I chose to take effect on February 1 is because this year the hospital has raised the payment standard for emergency vehicles. Therefore, the agreement on purchasing insurance shall still be implemented in accordance with the old agreement. Wang Ankui acknowledged that according to the old agreement, the driver should be insurance on the car, but since it clearly stipulates that the new contract will take effect on February 1, 2005, and the hospital said that it is necessary to work according to the contract, then this new contract should be strictly abide by the contract. The hospital shall bear the corresponding compensation liability. The hospital insisted that Wang Ankui should bear all the liability for compensation. They also proposed a new situation that Wang Ankui was not a business at all. The hospital said that the hospital usually sent an ambulance to register, but Wang Ankui was improper on the day, and there was no record when he got out of the car. The hospital did not know what he did. Therefore, no matter what, the responsibility of the accident should be borne by Wang Ankui himself. In the face of this statement of the hospital, Wang Ankui argued that he really went to pick up the patient that day, and he also took the reporter to find the illness he was going to pick up that day. Uncle Han said he and Wang Ankui lived in a village. On February 1, he felt uncomfortable, so he asked his neighbors to go to the county to find a doctor. His neighbor found Wang Ankui. Wang Ankui said that Wang Ankui had been kind since he was a child. He was very pitiful to see the old man who had no children and no daughter. Wang Ankui said that he wanted to take the disease number to the hospital and also bring benefits to the hospital. He did not expect that a car accident before he was then. However, whether it is responsible for patients or to increase income to the hospital, this time should be regarded as official behavior, and the liability for compensation for traffic accidents shall be borne by the hospital. But now because of this money, Wang Ankui's family lives very difficult. In order to ask for a statement, on May 16, 2005, the Wang family decided to sue the hospital to court and asked to return them to 60,000 yuan in compensation to the hospital. On August 5, 2005, the Henan Provincial People's Court of Civil Affairs County was tried on the case. The two sides insisted on their respective views and were deadlocked. On October 9, 2005, the People's Court of Henan Province made a judgment on the case according to law. The court believes that Wang Ankui does not belong to a business car during the non -work, and Wang Ankui should bear the main responsibility by the accident. Because the emergency vehicle is a business car cannot be bought and sold, and the ownership of the first aid vehicle still belongs to the hospital, the hospital should bear 40 % of the 92,000 yuan compensation, which is 38,400 yuan, which is 38,400 yuan. Other litigation requests. Moderator: We all know that ambulances, police cars, or fire trucks belong to the same type of vehicle. Do such vehicles be responsible for traffic accidents? Zheng Xueqian: Ambulance, fire trucks and police are special vehicles. When performing such emergency tasks, it can not be limited by the route, direction, speed, and signal lights of the road, but to ensure safety. It is not that you can have an accident with this right to prioritize, that is, the right to priority is not equal to the exemption privilege. Therefore, the local traffic police department's final responsibility determination was half the responsibility of the tricycle and ambulance, but the hospital proposed that there was a management agreement between me and the driver. Moderator: The most important content of this agreement is that the hospital sells the car to the driver. The hospital becomes a person similar to a taxi. Every time there is a patient, the hospital gives the driver money, and the driver pulls the patient back. Under such circumstances, can the hospital say to the family members of the deceased, I refuse to compensate you, do you go to the driver? Zheng Xueqian: Ambulance is a special vehicle. Its scope of use is restricted. Individuals cannot have it and cannot be handed over to private operations. It has a special rule for resale or transfer. In addition to the approval of the health administrative department, it must be passed through the Transportation Administration, so it is not said that it is sold out casually. Find the hospital and be responsible for the hospital. As for the two of you, how to share the compensation share in accordance with the agreed method, it has nothing to do with the family members of the deceased. Moderator: In this agreement, it also involves insurance issues. We found that the time for this agreement to take effect is particularly strange. It was February 1, 2005. It happened to be the day of the accident. If there is no insurance, should the insurance pay for this part of this part of the hospital? Zheng Xueqian: It should be like this. Our country's mandatory insurance for motor vehicles shall buy a third party. As a car owner, you should buy it. Although you signed an agreement, it is not realized, and the hospital should also bear the obligation to purchase insurance. Moderator: Now I heard that many hospitals are indeed reforming the use of first aid vehicles. Because sometimes as a hospital, it really feels a bit of a burden, but what is the reasonable and legitimate scope of this reform? Zheng Xueqian: Due to the market economy, the state's investment in hospitals is also insufficient. Many hospitals have adopted a target management responsibility system or called measuring measures, or contracting for vehicles for maintenance costs. I think it is okay. But it is by no means selling this car to you, and then I rent it to you, which has changed the ownership of the car and the state’s task of social security in this area. The reform of the use method must also follow a principle. Emergency resources should be in the hands of the hospital. Once there is something, the hospital is very easy to prepare the use of these ambulances. Moderator: We may not be able to hit a taxi on the street, so you think that in the agreement between the hospital and the driver, the most important point is that the method of transferring ownership of this ambulance is obviously not allowed to transfer ownership of ownership. Take. Zheng Xueqian: Now the "Road Traffic Safety Law" clearly stipulates that it is a special vehicle, so it cannot be said to be sold to personal, but whether it can be contracted, and whether it can be rented to others. The country seems to lack a unified uniform in this regard. Legal management regulations. Beijing's emergency vehicle management regulations clearly stipulate that it is strictly forbidden to use him and strictly eliminate the contracting to any unit and individual. Moderator: The obvious defect in contracted in this way is that the hospital sometimes does not know. Zheng Xueqian: There is a problem of private buses here. The ambulance in our hospital is generally a duty system. This car itself is not on duty. He should call the hospital's duty room and notify the hospital's duty ambulance to leave the car. Because in this case, you can't tell whether he is really performing official duties, so I think he has some problems. However, there are also problems in the management of hospitals. It is reasonable to say that other cars cannot go out except for duty. The hospital assumes 40 % of the responsibilities from its management and neglected management. If you have extra vehicles, you can transfer it to the units that lack ambulances through legitimate channels, so that you can specialize in special cars. Moderator: Ambulance does not exclude resource preparation in the environment of the market economy. It can have liquidity, but this liquidity must ensure the nature of special vehicles and its public welfare nature, so that the hospital can be reduced not only The cost of expenditure in this area can also ensure that the ambulance truly becomes a life -saving car for every patient.