Can the state make up for the 4 deaths from camping by the river in Wujieba? Lawyer: Not that the government puts up a warning sign to exempt from liability | Society | 新 头壳 Newtalk



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The abnormal release of water from the Taidian Wujie Dam in Nantou's Renai Township caused the tragedy of 4 deaths of tourists camping by the stream.  Image: provided by the Fire Department

The abnormal release of water from the Taidian Wujie Dam in Nantou’s Renai Township caused the tragedy of 4 deaths of tourists camping by the stream. Image: provided by the Fire Department

The abnormal discharge of water at the Taidian Wujie Dam in Nantou’s Renai Township caused the tragedy of 4 deaths of tourists camping by the stream. According to the report “Zhongshi News Network”, the relatives of the deceased stated that they did not rule out claiming state compensation. Some netizens questioned this. Parents despised the river’s warning. In addition to not requesting permission from the police in advance, they also illegally took their children into dangerous areas to camp overnight, violating the definition of national compensation. Lawyer Lin Zhiqun pointed out in a Facebook post that this incident has spread various discussions of national compensation, such as going to the beach on a typhoon day, hitting the train track, etc., but in fact, the situation in each The case is different, and it does not always magnify “public negligence.” “You can conclude that” the government is fine. “

Lin Zhiqun analyzed in a PO post on Facebook on the 13th that he clicked on electricity to have gate team management flaws. The competent authority of Wujieba is the Ministry of Economic Affairs and the managing authority is Taipower. Therefore, this case should be subject to the national compensation procedure, but the people are in the river. There is also a problem with setting up a tent. Even if the claim is established, the amount will be discounted. However, all sectors of society have different opinions on whether family members can file national compensation. Lin Zhiqun said once again in a PO article on the 14th morning that some netizens asked whether going to the beach, sleeping on the road or running to the railroad track on a typhoon day can also seek compensation from the state. , but in fact, the situation in each case is different and the effect of the law will be different. For example, if it is also washed with water, it can have a completely different finish.

In response to netizens’ questions, Lin Zhiqun separately replied that people who run to the beach or climb during a typhoon, because typhoons are a natural phenomenon and the government cannot control them, and people are at their own risk But the dam is a man-made object and the government is responsible for its management; Everyone can use it. Sleeping on it and getting hit is a dispute between people. It depends on the right of way. It has nothing to do with national compensation. Also, the people who break onto the track and get hit are, of course, their own responsibility; as for the people camping by the stream. He considers that “this must be risky, and it is also an act of vain purpose. If the rain caused the creek to skyrocket, it has nothing to do with the government. However, this case was caused by the release of water from the dam and a computer failure. Of course, it has something to do with the government.

Lin Zhiqun recalled that whether it is the fault of the government or the people, they should be discussed in court. The National Indemnity Act involves interaction between the people and the government, and it is not the government that can completely disclaim liability by putting up a warning sign. She also used traffic light failures to injure people. Everyone should think about whether the government exemption is reasonable. She also emphasized: “The ‘fault of the people’ is not always amplified, and it can be concluded that ‘the government is fine’!”

The abnormal release of water from the Taidian Wujie Dam in Nantou’s Renai Township caused the tragedy of 4 deaths of tourists camping by the stream. According to the report “Zhongshi News Network”, the relatives of the deceased stated that they did not rule out claiming state compensation. Some netizens questioned this. Parents despised the river’s warning. In addition to not requesting permission from the police in advance, they also illegally took their children into dangerous areas to camp overnight, violating the definition of national compensation. Lawyer Lin Zhiqun pointed out in a Facebook post that this incident has spread various discussions of national compensation, such as going to the beach on a typhoon day, hitting the train track, etc., but in fact, the situation in each The case is different, and it does not always magnify “public negligence.” “You can conclude that” the government is fine. “

Regarding the controversy over compensation for 4 deaths from camping on the bank of the Wujieba River, lawyer Lin Zhiqun said that whether it is the fault of the government or the people will be discussed in court. The National Compensation Act involves interaction between the people and the government, and it is not the government that can completely disclaim liability by putting up a warning sign. He also used traffic light failures to injure people. Everyone should think about whether the government exemption is reasonable. He also emphasized: “The ‘fault of the people’ is not always amplified, and it can be concluded that ‘the government is fine’!”



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