标题: the legitimacy to illustrate. [打印本页] 作者: 1x5lhfghgj8t 时间: 2012-7-28 20:04 标题: the legitimacy to illustrate.
wan jinfeng description of wal-mart has a different opinion. "the behavior of the staff was the consent of the consumer's consent,abercrombie pas cher, so there is no 'search' one said." a wal-mart customer service says.
?it is reported that the time of the incident wan golden phoenix has dialed "110", xu square police station, several police rushed to the scene and tone watched surveillance video. xu square police station the wan jinfeng issued on april 18 that "the police situation in the wal-mart, said the victim jinfeng complaints of the wal-mart to search the body of her child, when wan jinfeng children over wal-mart at the security checkpoint,air jordan pas cher, the alarm alerts, a waitress at the security checkpoint patting the child's pocket. "
police said the supermarket employees took the children pocket
dissatisfied with the verdict,air jordan, wal-mart jiefang west road. wal-mart customers through the security alarm sounded, shopping malls based on "self" behavior fishes plaintiff "shot pocket", its conduct did not constitute infringement. more importantly,air jordan pas cher, in addition to the share out of the police note, the plaintiff submitted to the court the evidence does not prove that there are "searched" the fact that behavior. and even the "shot pocket" behavior can not be identified as the "search" behavior. in their view, "search" is the search and inspection body, the consumer protection act was only "may not search the body of the consumer" does not refer to the "shot pocket" behavior.
court of first instance finds that wal-mart acts of infringement
the court held that the "pocket shot" behavior is a "search" behavior of the supermarket as a business, not have their own search a citizen's body. according to the rules of evidence, the court finds the defendant to conduct a search of the plaintiff's behavior.
september 13, the court of first instance ruled that the defendant,ルイヴィトン, jiefang west road wal-mart posted in its store supermarket at the entrance to the announcement of apology to the plaintiff, and the one-time compensation of plaintiff yue spirit solatium 5000. as for the psychological counseling fees, due to the plaintiff to provide evidence to be proved, the court should be dismissed.
"i asked the son to take things did not, his son said. supermarket employees forced to search the body of my son's search nothing came up on the search to the next. repeatedly touch." wan jinfeng with both hands and pointing searches the movement said.
according to wal-mart staff, after the incident wu xing, deputy general manager and in charge of the day came to the scene. "the vice president has miss wan verbal apology, when we express our readiness to apologize, but she refused to give away goods over a period of time, she said the child falls to us to bear the cost of medicines, this request is unreasonable . "
's court of appeal.
as to why the alarm will ring, who do not know, is certain is that the the wan jinfeng and son yue body and without payment privately with supermarket goods. then, jinfeng excited. "i am the mother of the child, they did not obtain my consent as i found his son's body, this is not infringing it also attracted a lot of people watching,スパイク サッカー, clearly see my son when the thief." golden phoenix immediately asked the wall mary behavior in terms of just an explanation. but the other said, the staff of the supermarket just check the alarm ringing reason.
shopping turmoil, one week after, a small mountain in the school and broke his arm, took treatment costs more than 1,300 yuan. wan jinfeng seems not unrelated to the experience of his son's injuries and to be "searched". "the alarm rang on their kids' body my son was a primary school, was as a thief and how his injury wal-mart to apologize to my son, and a compensation of 2000 yuan mental damages, but they do not want to. "
"for the first trial, i think some are open to question." the wanshan wal-mart first instance the attorney said in an interview: "pocket shot" is a mall, "self" behavior,ヴィトン, their behavior is beyond the "reasonable range", is the key result in the first instance verdict.
september 26, wal-mart jiefang west road nanchang intermediate people's court appeal.
wal-mart shopping was "searched"
on the morning of april 18, golden phoenix with his son yue came to wal-mart supermarket in nanchang city, the liberation of west shopping. check out the two are preparing to leave the store, the door alarm rang up. a mingwoerma female employees of the supermarket came to check a million jinfeng shopping basket of goods, and did not find the alarm alarm items. subsequently, her eyes moved to the small mountain body.
nanchang area wal-mart affairs manager yang yi said, things houwoerma internal matter, the investigation concluded that "the customer of any personal search behavior". the specific aspects of the investigation,air jordan, were not invited to parties and witnesses and assist in the investigation, he refused to answer.
the first instance, wal-mart was sentenced to an apology and lose money
at present, nanchang intermediate people's court has accepted the appeal of wal-mart jiefang west road.
june 18, jinfeng behalf of his son sued the wal-mart jiefang west road, asked the court judgments against wal-mart jiefang west road in the local public media to its apology, compensation for moral damages of 30,000 yuan, as well as psychological counseling fee of 3,000 yuan.
august 27,jordan, the nanchang qingyunpu district people's court south of the court hearing the case.
?the court held that a small mountain as a minor,abercrombie pas cher, was in a particular environment is not conducive to the gathering of evidence,abercrombie, supermarket operators in the collection of evidence and select a reasonable problem-solving way, a dominant advantage, deal with their behavior legitimacy, the legitimacy to illustrate.
the defendant appeal known as "pocket shot" are not searched
satisfied with the results of the first-instance judgment does not allow wan jinfeng. "wal-mart must apologize to my son to admit their mistakes." as for compensation, she frankly did not expected so many. compared to children inside the damage,ナイキ サッカー, and 5000 yuan and not more. "
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