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How to lose in the end
June 27 morning, Yunnan Dehong Dai Jingpo Autonomous Prefecture Ruili sister told Yucheng, a Jiangxi female tourists in a jade shop try on the bracelet, accidentally fell the bracelet for two. The knock off sweet alhambra bracelet picture shows the broken bracelet. WeChat public number 'Spring City Evening News' map
June 27, a Jiangxi female tourists trying on a bracelet in a jade shop in Ruili, Yunnan, accidentally fell the bracelet for two. That the price of 300,000 yuan bracelet, the tourist fainted at the scene, but fortunately he later wake up, no serious problem. June 28, the news from the Ruili Gem Association came that the market value of the bracelet was 180,000 yuan. Public opinion on the matter mostly focuses on the price of the jade bracelet, the darkness of the jade market, the tourists' carelessness, the conclusion of the intermediate accreditation body's authority and other issues. According to media reports from all sides and on-site monitoring videos, the events are as follows: As early as 10:10 on June 27, the left hand carrying a bag of Ms. Jiangxi Fei Fei stroll to the Ruili sister told Yucheng 'Lin's Jade' counter, by a Myanmar waitress reception, when the two sides did not conduct too Exchange more, Ms. Fei also did not ask. 10 minutes and 22 seconds, Ms Fee took a bracelet from the counter; 10 minutes and 25 seconds, Ms Fee bracelets to the left hand wear; 10 minutes and 35 seconds, the bracelet fell to the ground, Ms. Fei on the ground in two places to pick up the broken Since then, the two sides have made representations on compensation matters for a total of more than ten minutes negotiation process. Myanmar employees pay 300,000 yuan, because they can not call the shots, the initial price of compensation is 250,000 yuan. Due to the huge price difference, the negotiations between the two sides have been fruitless. At this point, Ms. sitting on the counter in front of the chair slowly fainted, some businesses in Jade City to participate in emergency treatment, simply pay Ms. finally free of any obstacles. The two sides negotiated to 6 o'clock in the afternoon, still no result, so the store to choose the alarm by the third party agency Ruili gem association assessment was broken jade bracelet market value of 180,000 yuan, while tourists are willing to pay the amount of 30,000 yuan about. Due to the disparity, the compensation agreement has not yet been reached despite the mediation by the police. After the signing of the mediation transcript, both parties decided to resolve the matter through legal proceedings. The current progress is that Ruili City People's Court intends to organize a pre-trial mediation fee, Ms. Fei said he had a physical illness and the mediation was delayed by one day, but the next day Ms. Fei In other words, we think that in the present case, the tourists entered the jade merchant's shop and try on the jade bracelets placed on the display stage by the merchants. They inadvertently smashed the jade bracelets during the trial. At this time, the transaction has not yet been completed. The bracelet Of the ownership belong to the business, tourists smash the bracelet business, is a tort, tourists need to bear the tort liability According to 'People's Republic of China Torts Law' Article XV of the provisions of tort liability to take the main: (1) to stop the infringement; (2) to exclude the interference; (3) to eliminate the danger; (4) to return the property; (5) to restore the status quo ante; (6) to compensate for the loss; The above ways to bear the tort liability can be applied individually or in combination with common sense of common life. Normal adults should know or should know that jade is a fragile product and should be cautious in the process of wearing off. As an adult, a visitor's expense control of the jade bracelet during the process of wearing a jade bracelet was weaker. It did not fulfill the obligation of an adult person to properly guard against the risk of the jade bracelet breaking. Therefore, it should reasonably bear the responsibility of the broken bracelets in the business there, to remind visitors to be careful of valuables is also a responsibility China's ancient, jade, antiques and other transactions replica vca alhambra bracelet in the process there is an unwritten rule is: customers fancy The store placed which pieces of utensils, need to play carefully, the store will remind customers that this is quite valuable, and with a tray pad thick cloth, utensils placed in the tray, end to the counter, the customer from the counter on their own Take the viewing tray, to be returned to the tray after the completion of viewing, the store then put away the utensils. In this way, it must be one person down, then picked up by another person, to prevent utensils from being damaged in the transfer process and difficult to set the responsibility, that is, 'Jade hand' In this case, the store will be placed bracelets bracelets, tourists Try to pick up their own pick and accidentally get rid of the process of removing the jade bracelet caused by broken, the main responsibility is indeed one of the tourists. However, the shopkeeper did not verbally advise the bracelet of valuables before trying on it. When trying on it carefully, no prompt slogan has been set. Here, the store did not do to remind the obligation to the hotel industry, for example, the hotel know well corridor visitors flow, footsteps easily produce noise, disturbing customers rest. As a result, most hotels have thick carpets in the hallways outside the rooms to weaken the footsteps. As a jade merchants, knowing jade fragile, should take some measures in the display area of the store, such as laying carpet in the shop floor, non-slip mat, etc., in order to reduce the risk of damaging the jade stone by inadvertent jade fall or human slip. No merchants in the case to take such protective measures. Yunnan mild climate, wet and rainy, do not rule out the future due to rainy day wet skidding and the occurrence of a similar event may be so, how to lose? We think the compensation price must be reasonable. The liability of tourists is indeed hard to avoid. As for how compensation, how much compensation, relevant laws have specific provisions. According to Article 19 of the 'Law of the People's Republic of China on Tort Liability', property damage infringed upon the property of others shall be calculated according to the market price at the time of loss or otherwise. Obviously, according to the market price when the jade bracelet is broken or calculated by other means, the amount of jade bracelet compensation. However, jade as a special high-end luxury goods, has its own artistic attributes and trade rules, is the so-called 'gold valuable jade priceless.' So how to determine the market price of this broken bracelet, has become the focus of attention of all parties. It is reported that the broken bracelet, businesses asking price of 300,000 yuan, the maximum willingness to pay the tourists about 30,000 yuan, Ruili Gem Association assessment was broken jade bracelet market value of 180,000 yuan there is a huge difference between the three quotes from Legal point of view, tourists in the end should be broken piece of jade bracelet how much compensation?
In our opinion, the compensation price is neither the 300,000 yuan of the bidding of the merchant nor the 180,000 yuan assessed by the Gemological Association of Ruili, nor the 30,000 yuan promised by the tourists. Whether it is the business price or tourists promised, are unilateral valuation, must not be 'one of the words' as a basis for compensation. So, Ruili gem association assessed the price is the bracelet market price? In actual fact not. We believe,
Judging the market price of the jade bracelet third-party assessment agencies, such as China's jewelry and jade jewelry industry associations such van cleef knock off clover bracelet as the best in the industry, the authority of institutions across the country, both parties recognized the selection. If both parties can not be jointly selected, they may sue to a court of competent jurisdiction, which is designated by the court. For the majority of tourists, Article 13 of the 'Travel Law of the People's Republic of China' stipulates that tourists shall observe social public order and Social morality, respect for local customs, cultural traditions and religious beliefs, love tourism resources, protect the ecological environment, abide by the norms of tourism civilization. Article 14 stipulates that tourists shall not damage the lawful rights and interests of local residents or restrict the legal rights and interests of tour operators and tourism practitioners while they are traveling or in settling disputes. They shall not interfere with others' Very rich, more and more people have the opportunity to travel Quartet. We would like to remind the vast numbers of tourists that China's vast boast of local customs and practices vary from place to place. Before going on a trip, it is advisable to do a good job of homework, be familiar with the local customs and practices, and follow the conventions to prevent troubles due to ignorance of local customs and sentiment. According to the common sense of life, jade and other valuables in the mall are carefully stored carefully in the glass cabinet, and inexpensive objects are stored where the customers can freely touch. Yunnan Ruili as a jade city, its trading rules and customs or different from elsewhere, customers can freely touch the jade may also encounter the priceless effect, visitors need not panic. Article 10 of the 'Travel Law of the People's Republic of China' stipulates that the personal dignity, ethnic customs and religious beliefs of tourists shall be respected. Article 11 stipulates that tourists with disabilities, the elderly, minors and other tourists enjoy conveniences and benefits in accordance with laws, regulations and relevant provisions during their travel activities. Article 12 stipulates that tourists have the right to seek assistance and protection when their personal and property safety are in danger. When the personal and property of tourists are infringed, they have the right to compensation according to law, Panic, such as tourists in this case because of missing smash bracelets and fainted. We remind the tourists that they should pay attention to the protection of the scene when they are in a bad situation, take pictures and taking cautious evidence to obtain timely contact with the local public security organs and relevant departments, so as to provide cheaper treatment for follow-up issues and to collect the best evidence for their own legitimate rights and interests . The parties concerned may mediate under the organization of the relevant departments and fail to make any mediation. They may seek solutions through legal proceedings.
June 27 morning, Yunnan Dehong Dai Jingpo Autonomous Prefecture Ruili sister told Yucheng, a Jiangxi female tourists in a jade shop try on the bracelet, accidentally fell the bracelet for two. The knock off sweet alhambra bracelet picture shows the broken bracelet. WeChat public number 'Spring City Evening News' map
June 27, a Jiangxi female tourists trying on a bracelet in a jade shop in Ruili, Yunnan, accidentally fell the bracelet for two. That the price of 300,000 yuan bracelet, the tourist fainted at the scene, but fortunately he later wake up, no serious problem. June 28, the news from the Ruili Gem Association came that the market value of the bracelet was 180,000 yuan. Public opinion on the matter mostly focuses on the price of the jade bracelet, the darkness of the jade market, the tourists' carelessness, the conclusion of the intermediate accreditation body's authority and other issues. According to media reports from all sides and on-site monitoring videos, the events are as follows: As early as 10:10 on June 27, the left hand carrying a bag of Ms. Jiangxi Fei Fei stroll to the Ruili sister told Yucheng 'Lin's Jade' counter, by a Myanmar waitress reception, when the two sides did not conduct too Exchange more, Ms. Fei also did not ask. 10 minutes and 22 seconds, Ms Fee took a bracelet from the counter; 10 minutes and 25 seconds, Ms Fee bracelets to the left hand wear; 10 minutes and 35 seconds, the bracelet fell to the ground, Ms. Fei on the ground in two places to pick up the broken Since then, the two sides have made representations on compensation matters for a total of more than ten minutes negotiation process. Myanmar employees pay 300,000 yuan, because they can not call the shots, the initial price of compensation is 250,000 yuan. Due to the huge price difference, the negotiations between the two sides have been fruitless. At this point, Ms. sitting on the counter in front of the chair slowly fainted, some businesses in Jade City to participate in emergency treatment, simply pay Ms. finally free of any obstacles. The two sides negotiated to 6 o'clock in the afternoon, still no result, so the store to choose the alarm by the third party agency Ruili gem association assessment was broken jade bracelet market value of 180,000 yuan, while tourists are willing to pay the amount of 30,000 yuan about. Due to the disparity, the compensation agreement has not yet been reached despite the mediation by the police. After the signing of the mediation transcript, both parties decided to resolve the matter through legal proceedings. The current progress is that Ruili City People's Court intends to organize a pre-trial mediation fee, Ms. Fei said he had a physical illness and the mediation was delayed by one day, but the next day Ms. Fei In other words, we think that in the present case, the tourists entered the jade merchant's shop and try on the jade bracelets placed on the display stage by the merchants. They inadvertently smashed the jade bracelets during the trial. At this time, the transaction has not yet been completed. The bracelet Of the ownership belong to the business, tourists smash the bracelet business, is a tort, tourists need to bear the tort liability According to 'People's Republic of China Torts Law' Article XV of the provisions of tort liability to take the main: (1) to stop the infringement; (2) to exclude the interference; (3) to eliminate the danger; (4) to return the property; (5) to restore the status quo ante; (6) to compensate for the loss; The above ways to bear the tort liability can be applied individually or in combination with common sense of common life. Normal adults should know or should know that jade is a fragile product and should be cautious in the process of wearing off. As an adult, a visitor's expense control of the jade bracelet during the process of wearing a jade bracelet was weaker. It did not fulfill the obligation of an adult person to properly guard against the risk of the jade bracelet breaking. Therefore, it should reasonably bear the responsibility of the broken bracelets in the business there, to remind visitors to be careful of valuables is also a responsibility China's ancient, jade, antiques and other transactions replica vca alhambra bracelet in the process there is an unwritten rule is: customers fancy The store placed which pieces of utensils, need to play carefully, the store will remind customers that this is quite valuable, and with a tray pad thick cloth, utensils placed in the tray, end to the counter, the customer from the counter on their own Take the viewing tray, to be returned to the tray after the completion of viewing, the store then put away the utensils. In this way, it must be one person down, then picked up by another person, to prevent utensils from being damaged in the transfer process and difficult to set the responsibility, that is, 'Jade hand' In this case, the store will be placed bracelets bracelets, tourists Try to pick up their own pick and accidentally get rid of the process of removing the jade bracelet caused by broken, the main responsibility is indeed one of the tourists. However, the shopkeeper did not verbally advise the bracelet of valuables before trying on it. When trying on it carefully, no prompt slogan has been set. Here, the store did not do to remind the obligation to the hotel industry, for example, the hotel know well corridor visitors flow, footsteps easily produce noise, disturbing customers rest. As a result, most hotels have thick carpets in the hallways outside the rooms to weaken the footsteps. As a jade merchants, knowing jade fragile, should take some measures in the display area of the store, such as laying carpet in the shop floor, non-slip mat, etc., in order to reduce the risk of damaging the jade stone by inadvertent jade fall or human slip. No merchants in the case to take such protective measures. Yunnan mild climate, wet and rainy, do not rule out the future due to rainy day wet skidding and the occurrence of a similar event may be so, how to lose? We think the compensation price must be reasonable. The liability of tourists is indeed hard to avoid. As for how compensation, how much compensation, relevant laws have specific provisions. According to Article 19 of the 'Law of the People's Republic of China on Tort Liability', property damage infringed upon the property of others shall be calculated according to the market price at the time of loss or otherwise. Obviously, according to the market price when the jade bracelet is broken or calculated by other means, the amount of jade bracelet compensation. However, jade as a special high-end luxury goods, has its own artistic attributes and trade rules, is the so-called 'gold valuable jade priceless.' So how to determine the market price of this broken bracelet, has become the focus of attention of all parties. It is reported that the broken bracelet, businesses asking price of 300,000 yuan, the maximum willingness to pay the tourists about 30,000 yuan, Ruili Gem Association assessment was broken jade bracelet market value of 180,000 yuan there is a huge difference between the three quotes from Legal point of view, tourists in the end should be broken piece of jade bracelet how much compensation?
In our opinion, the compensation price is neither the 300,000 yuan of the bidding of the merchant nor the 180,000 yuan assessed by the Gemological Association of Ruili, nor the 30,000 yuan promised by the tourists. Whether it is the business price or tourists promised, are unilateral valuation, must not be 'one of the words' as a basis for compensation. So, Ruili gem association assessed the price is the bracelet market price? In actual fact not. We believe,
Judging the market price of the jade bracelet third-party assessment agencies, such as China's jewelry and jade jewelry industry associations such van cleef knock off clover bracelet as the best in the industry, the authority of institutions across the country, both parties recognized the selection. If both parties can not be jointly selected, they may sue to a court of competent jurisdiction, which is designated by the court. For the majority of tourists, Article 13 of the 'Travel Law of the People's Republic of China' stipulates that tourists shall observe social public order and Social morality, respect for local customs, cultural traditions and religious beliefs, love tourism resources, protect the ecological environment, abide by the norms of tourism civilization. Article 14 stipulates that tourists shall not damage the lawful rights and interests of local residents or restrict the legal rights and interests of tour operators and tourism practitioners while they are traveling or in settling disputes. They shall not interfere with others' Very rich, more and more people have the opportunity to travel Quartet. We would like to remind the vast numbers of tourists that China's vast boast of local customs and practices vary from place to place. Before going on a trip, it is advisable to do a good job of homework, be familiar with the local customs and practices, and follow the conventions to prevent troubles due to ignorance of local customs and sentiment. According to the common sense of life, jade and other valuables in the mall are carefully stored carefully in the glass cabinet, and inexpensive objects are stored where the customers can freely touch. Yunnan Ruili as a jade city, its trading rules and customs or different from elsewhere, customers can freely touch the jade may also encounter the priceless effect, visitors need not panic. Article 10 of the 'Travel Law of the People's Republic of China' stipulates that the personal dignity, ethnic customs and religious beliefs of tourists shall be respected. Article 11 stipulates that tourists with disabilities, the elderly, minors and other tourists enjoy conveniences and benefits in accordance with laws, regulations and relevant provisions during their travel activities. Article 12 stipulates that tourists have the right to seek assistance and protection when their personal and property safety are in danger. When the personal and property of tourists are infringed, they have the right to compensation according to law, Panic, such as tourists in this case because of missing smash bracelets and fainted. We remind the tourists that they should pay attention to the protection of the scene when they are in a bad situation, take pictures and taking cautious evidence to obtain timely contact with the local public security organs and relevant departments, so as to provide cheaper treatment for follow-up issues and to collect the best evidence for their own legitimate rights and interests . The parties concerned may mediate under the organization of the relevant departments and fail to make any mediation. They may seek solutions through legal proceedings.
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