转自:华商报

湖南“操场埋尸案”受害人邓世平家属委托的代理律师周兆成向华商报记者证实,新晃侗族自治县人社局对邓世平家属提出的工伤认定申请予以认定,近日已将一次性工亡补助金和丧葬补助金共计88万元拨付到位。

此外,邓世平的儿子邓蓝冰通过周兆成向华商报记者表示,的确是全家人经过慎重考虑,决定以放弃民事赔偿的方式,全力支持扫黑除恶行动。

补助金88万已拨付到位

该案写入最高检报告

据介绍,今年1月3日,受家属委托,周兆成正式将《新晃侗族自治县工伤认定申请表》《律师代理意见》以及相关证据材料递交给新晃县第一中学。1月7日,新晃县第一中学代为向新晃侗族自治县人社局提起邓世平老师工伤(工亡)申请。1月20日,新晃县人社局予以受理。2月4日,新晃县人社局作出晃人社工认字(2020)1号《认定工伤决定书》;随后新晃县人社局已积极协调银行将一次性工亡补助金和丧葬补助金共计88万拨付到位。

今年1月20日,湖南怀化市中院对“操场埋尸案”故意杀人罪犯杜少平依法执行死刑。4月3日,怀化市中院采用远程视频宣判的方式对该案相关公职人员渎职犯罪案进行二审宣判,裁定驳回黄炳松、杨学文等9名上诉人的上诉,全案维持原判。

周兆成告诉华商报记者,被害人邓世平老师的沉冤已经昭雪,杀人凶手杜少平以及背后的19名公职人员保护伞均已受到了法律的严惩。人们之所以关注这个案件,是因为这个案件集中了人们对社会正义的普遍诉求。“‘操场埋尸案’写入今年全国两会最高检工作报告,是最高检在整体上给各级各地司法实践和社会普法提供的‘法制样本’,其指导作用是不可替代的,会大幅提高司法效率。”

“无论获得多少民事赔偿,

都无法挽回父亲生命”

操场埋忠骨,青天慰亡灵。周兆成表示,作为被害人邓世平老师家属的代理律师,2019年底,曾打算就被告人杜少平、罗光忠16年前残害邓世平老师的犯罪行为单独提起民事诉讼,要给被害人家属民事赔偿和精神损害赔偿,从而维护被害人家属的合法权益。“但是,邓世平老师之子邓蓝冰特意告诉我,他们全家经过慎重考虑,决定全面放弃民事赔偿,不仅放弃刑事附带民事诉讼,而且也要放弃单独提起民事诉讼。”

周兆成表示,作为代理律师,也意识到如果单独提起民事诉讼,法院为了核定损失,审理和执行时间会延长,而如果将刑事诉求作为唯一诉求,的确有利于法院尽快审结案件。“我们不要赔偿,只希望严惩凶手!要让16年前犯下滔天罪行的黑恶势力以及背后的保护伞付出代价!因此,我尊重被害人邓世平老师近亲属的意愿,最终放弃民事诉讼。”

6月8日,邓世平的女儿邓女士接受华商报记者采访时说:“做出这样的决定,是我们全家经过反复考虑的结果,也认真听取了亲戚朋友的意见,当然并不是所有人都赞同我们这样做。家中有老人劝我们放弃,因为太累了,既然已经找到了父亲,要我们做子女的就不要再折腾了……”

她明确表示,这是他们姐弟俩的共同决定。“我们全家唯一的诉求就是严惩杀人凶手!无论获得多少民事赔偿,都无法挽回父亲早已逝去的生命。”

她还透露了补助金的用途,“我和蓝冰多年来在外地不断打工,不断创业,创业失败了,欠下了债务,这笔钱除用于父亲的丧葬后事之外,部分用来还债。”

律师:杀人案民事赔偿少,工伤补助会远超民事赔偿金额

上海锦天城律师事务所律师邓学平接受华商报记者采访时表示,受害人邓世平家属的决定“并不意外”。

邓学平介绍,民事赔偿不同于刑事指控,民事赔偿需要被害人家属自行举证、自行起诉。法院判决以后,还需要被害人家属申请法院执行,其中必有维权成本。“故意杀人类刑事犯罪,民事赔偿金额很少,一般也就几万元,这个金额形同鸡肋。近年来,很多被害人家属都选择放弃。”

邓学平指出,有些案件中,犯罪嫌疑人家属愿意主动给予远超法律标准的高额赔偿,“这是为了获得被害人家属谅解,从而寻求轻判,这在法律上叫刑事和解。”家属放弃民事赔偿,在经济上的影响可以忽略不计。同时,放弃民事赔偿往往意味着家属要求在刑事上予以严惩。“认定工伤是一个有温度的、很正确的决定。当地社保部门会对受害人邓世平给予一系列支付,金额可能达到近百万元,远超民事赔偿的金额。”

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《操场埋尸案 放弃民事赔偿》有73条评论
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