2023年7月16日 星期日

(update)the civil case disapproved _ without identity document, couldn't determine who was someone.

(update)the civil case disapproved _ without identity document, couldn't determine who was someone.

[my opinion]
this is the old post be renewed.
the case by disapproved twice, update the schedule.

every time judicial affairs office disapproved, they will pick up one settlement and save it in their cabinet.
then mail the reminding to the borough hall back.
during the borough mediation, I make the six settlements as same on the spot. only six.
that is, six settlements mailed to the court, then mailed back five.
if disapproved repeatedly, the settlements will less and less, down to zero.
if approved at last, due to one be given to the both parties respectively, one be saved by the borough office, that amount of settlements may be not enough.

I guess that the local court pick one for purpose about compiling the cases disapproved.
but if the court's purpose is saving, why not copy settlement is OK?
then.
the twice disapproved of this time, I think that issue is trivial, is not important.

<1. the first, the judicial affairs office hold>
not add the identity documents.

but the case had been the copy of household certification there, the name of applicant and others all on this.
I don't know what was the judicial affairs office indicated "identity documents".
does the household certification is insufficient?
I heard something about ignorance of judicial affairs officer from the other borough clerk.
therefore, I reorganize the dossier, in letter remind there was household certification, tag a sticker on that, submit it to the local court for review again.

because corporationC didn't assign someone in present, and not appoint the driver Mr. Zheng.
I noted in mediation clause that excluded the vehicle number OOOO.

ChenB, the one of the applicants, minor, one-parent, there is proxy of his father.
applicants already provided the household certification, it's notes not omit, it could demonstrate the guardian relationship enough.

<2. the second disapproved, the judicial affairs office hold>
there were two reasons, one is the missing words, the other is "lump sum" repeatedly recorded.
the former is method of break, I add "next line", let judicial officer understand.
the letter I take to delete the surplus.

[the fact]
on February 13 2023, 07:50 o'clock, traffic accident happens.
the driver is Mr. Zheng, the vehicle owner corporationC.
the driver Mrs. Li, the vehicle owner Mr. ChenA, passenger ChenB.

[possible cause of the traffic accident on the police record]
the taxi driver Zheng:
not keep safe distance between the vehicle. (The road safe rule article 94 (1)).
note: involving driving under the influence. the case transferred to the precinct police for inspecting. the accident cause determined up to court's judgment.
note: driving under influence. (Alcohol test 0.16MG/L, violating road traffic penalty act article 35 (1) 1, the ticket number is RB06OOOO.)
the motorcycle driver Li:(blank)
the motorcycle passenger ChenB:(blank)

the corporationC hadn't designate person to participate mediation.

[appendix]
the police's letter.
(include the referral form, petition form, police initial traffic record)
applicant's household certification.
Mrs. Li's ATM card(instead post account).
Mr. Zheng's health Id card(instead identity card).
vehicle owner Chen's result of internet inquiry(instead vehicle registration).
vehicle owner corporationC's result of internet inquiry(instead vehicle registration).
the proxy of Mr. ChenA to Mrs. Li.
the proxy of Mr. ChenA guardian of ChenB to Mrs. Li.

[settlement]
1.the settlement include: the body damage of Mrs. Li, the vehicle damage of ChenA's, and the body damage of ChenB.
2.Zheng should pay lump sum Li, ChenA, ChenB the lump sum ten thousand new Taiwan dollar, exclude compulsory insurance, payment deadline is June 11 2023, transferred into the post account OOOO.
3.this case excluded the vehicle license plate number OOOO.
4.for civil, except compulsory insurance, both parties abandon the right of civil claim. for criminal, both wouldn't pursue other's criminal responsibility, the criminal complainant withdraws the complaint.

on May 17 2023, the borough hall submits to the local court for review.

on May 31 2023, the judicial affairs officer disapproves the mediation the first time, returned it to the borough hall.

[the disapproved reason(the first)]
"without identity document copies of applicant, guardian, agent, I couldn't determine the parties was of whom."

after I inspecting, the dossier submitted to the court already have attached the household certification.
on June 2 2023, in the submitted letter I pointed out there has the household certification, mailed to the local court again.

on July 5 2023, the second disapproved, back to the borough hall.
[disapproved reason(the second)]
"1. about fact, 'the accident local..' there lack follow up, may be innocent omission.
2.the second clause 'Zheng should pay lump sum Li, ChenA, ChenB', that 'lump sum' should be error."

on July 7 2023, I was inspecting:
for the first,
at the tail of the sentence I added "(next line)".
there I have nothing at the tail, meaning connecting to next line, but judicial officer may be not understand.
Is style of my writing too internet-ation?
such as this literary work, I pushed the key enter about switching to next line, I didn't let the software break automatically.
that's break style.

for the second,
I conceal the "lump sum" before the names, reserve "lump sum" before the money.
and submit it for review again.

[reference]
<for using borough mediation the court should pay attention items> number 9:
the court compile the reasons of disapproved cases in accordance with the labor and material resources, mail the reasons to the borough halls in the jurisdiction, contributing to promote performance and quality of the mediation.

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