2023年5月15日 星期一

the case of the traffic accident, one case splitted into several cases

the case of the traffic accident, one case splitted into several cases:
driver, vehicle owner, and passenger.

the fact of the case:
about 20:14, in some day, December, 2022
(the timestamp is related to the application of the law)
Mr. Zhou, who was driver and owner, ride a motorcycle with passenger Miss Weng,
Miss gao, who was driver and owner, ride a motorcycle,
happen to the traffic accident,
both be injured on the bodies and possessions.

on the first January 2023, the judicial yuan issue a decree,
the mediation settlements to be approved by judicial affairs officers.
before that, approved by judge.

the record on the initial analysis of the traffic accident
Mr. Zhou:
1. ignored situation in front of the vehicle(the traffic safety rule article 94, 3)
2. not keep the safe distance(the traffic safety rule article 94, 1)

Miss Gao:
1.    should not turn around, on the line that separate the direction.(the traffic safety rule article 106, 2)
2. should not suddenly slow down, brakes, or stop on the traffic lane.(the traffic safety rule article 94, 2)

the settlements of the mediation:
Mr. Zhou pay Miss Gao 120 thousands in new Taiwan dollar.
Gao pay Zhou six thousands.
Gao pay Weng three thousands six hundreds.
all included compulsory insurance, part of be paid on the site.

for performance, the borough office, mean that is up to me, the case be splitted  one into three.

the actual written as below:
civil case 07 (Mr. Zhou pay Miss Gao 120 thousands.)
1.this case confine the damage of Gao's vehicle and body.
2.for Gao's vehicle and body, Zhou pay Gao 120 thousands new Taiwan dollar(same below), the amount include compulsory insurance, should pay before seventh, April, 2023.
3.if obtain the compulsory insurance afterwards , the claimant who defined by law got total more than the settlements, both agree, the more wouldn't return.
4.both agree to give up the others civil right in this case, and don't pursue another for criminal liability, the complainant withdraw the complaint.(end)

civil case 08 (Miss Gao pay Mr. Zhou six thousands.)
1.this case confine the damage of Zhou's vehicle and body.
2.for Zhou's vehicle and body, Gao pay Zhou six thousands new Taiwan dollar(same below) on the site, check and accept on the site. the amount include compulsory insurance.
3.if obtain the compulsory insurance afterwards , the claimant who defined by law got total more than the settlements, both agree, the more wouldn't return.
4.both agree to give up the others civil right in this case, and don't pursue another for criminal liability, the complainant withdraw the complaint.(end)

civil case 09 (Miss Gao pay Miss Weng three thousands six hundreds.)
1.this case confine the damage of Weng's.
2.for Weng's, Gao pay Weng three thousands six hundreds new Taiwan dollar(same below) on the site, check and accept on the site. the amount include compulsory insurance.
3.if obtain the compulsory insurance afterwards , the claimant who defined by law got total more than the settlements, both agree, the more wouldn't return.
4.both agree to give up the others civil right in this case, and don't pursue another for criminal liability, the complainant withdraw the complaint.(end)

because the judge Mr. Zhou ever say:
"disapprove, reason: the compensation include the compulsory insured on the settlement, but all paid by the perpetrator, if obtain the compulsory insured afterward, the payment will over the settlement, should the extra be returned or not, will dispute."
so I add the "3.if obtain the compulsory insured afterwards , the claimant who defined by law got total more than the settlements, both agree, the more wouldn't return."

eighth march 2023, the three cases be submitted to the court.

afterward,

25 march 2023,
civil case 08 (Miss Gao pay Mr. Zhou six thousands.)
the court approved it.

tenth April 2023,
civil case 09 (Miss Gao pay Miss Weng three thousands six hundreds.)
the court disapproved it.
disapproved reason:
1.Miss Gao' identity number is error.
2.Miss Gao' vehicle number is error.
3."the record fo the mediation fact had "the damage of vehicle" "the damage of body", but this case confine "for Weng's", the scope of the mediation either vehicle or body, that's question."

24 April 2023,
civil case 07 (Mr. Zhou pay Miss Gao 120 thousands.) ,disapproved too.
disapproved reason:
"the article 2 of this settlement say include the compulsory insurance, mean the total compensation is 120 thousands, but the article 3 say that "if obtain the compulsory insurance afterwards , got total more than the settlements, the more wouldn't return." if the clause of settlement carry out before seventh April 2023, the compulsory insurance receive after that, the victim will get double amount, there is question."

then I delete the article 3 about overpayment, submit it to the court again.
ninth may 2023, the court approved the mediation settlement.

after
civil case 08 (Miss Gao pay Mr. Zhou six thousands.)
civil case 07 (Mr. Zhou pay Miss Gao 120 thousands.)
all get approving.
then I fix
civil case 09 (Miss Weng pay Miss Gao three thousands six hundreds.)
and submit to the court again.

my short opinion:
before first January 2023, the mediation settlement approved by judge.
thereafter by judicial affairs officers.

someone indicate that "I understand than you", but don't understand actually,
ostensibly indicate "there you wrong" is good method.
if someone "I understand than you", and understand actually,
the better method is to indicate"there you wrong", and "how to do correctly."
but once the court disapprove, they scarcely indicate how to make clause correctly.
most indicate you are wrong, let you to guess which one possibly is right.

the judge trial independently,
some judges approve courageously if the settlement is correct roughly.
some judges review the clauses trivially, like a language teacher.
judicial affairs officer' power is so weak on workplace, dominated by the judge.
disapproving is relative easy choice for officers.
if approved, enforcement in the future, discover the ambiguous in the settlement,
the officer who approve will be notified.
if disapproved,
the settlement is just a contract privately,
afterward lawsuit that irrelevant with the review standard of the judicial affairs officer.

the mediation clerk too.
if mediation not settle, I would donate the parties a civil lawsuit paper or a criminal complaint paper.
help him or her to the court.
if mediation settle down, following up to write clause, to sort out documents, answer parties what to do the other one violate.
once in a while, I think that not reach an agreement is better, I wouldn't have to work so hard.

note:
The Township and County-Administered City Mediation Act
Amended Date:2023-01-13
Article 26
Within ten days as the mediation has been accomplished, the townships or county-administered cities shall submit the mediation agreement, evidences, and relevant materials to the court within its jurisdiction for further review.
The mediation agreement in the proceeding paragraph shall be reviewed by the court immediately. For the approval of the mediation agreement, the judge shall sign his/her signature and affix the official seal with the agreement. After keeping one copy of the mediation agreement as the dossier, the agreement shall be returned to the townships or county-administered cities and the service shall be effectuated upon the parties with relevant documents.
For the cases referred by the courts, townships and county-administered cities shall submit the copy of the service report to the referring court.
When the mediation agreement cannot get approved by the court, due to its contents violating the rules or conflicting with public policy or public moral, the court shall inform the township or county-administered cities with the reasons. For the cases referred by the court and getting disapproval, the litigation proceeding shall resume accordingly.
For the service of the mediation documents, the provisions of the service of process under the Taiwan Code of Civil Procedure shall apply mutatis mutandis.

judicial yuan 19 September 111 ROC
number 1110028026 and 1110028010 issue the order:
"the scope of judicial affairs officers' work"

the order of judicial yuan is not identical the literal meaning of the law in fact.

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