The original title: MH370 passenger family member claim held in pre-trial meeting Detachment families filed 10 claims

On March 8, 2014, Malaysia Airlines flight MH370 took off from Kuala Lumpur on its way to Beijing. Up to now, MH370 has been out of touch for more than three years. On November 20 and 21, the Beijing Railway Transportation Court held the first pretrial meeting on the case of partial loss of passenger's civil claims on the flight.

The pre-trial meeting was held in a courtroom at the Beijing Railway Transportation Court with 49 plaintiffs, who were the families of 14 out of Union Passengers on Malaysia Airlines Flight MH370 and five defendants, namely Malaysia Airlines (also known as Malaysia Airlines), Malaysia International Airlines Co., Ltd. (also known as the new Malaysia Airlines), the United States Boeing, aircraft engine manufacturer British Rolls-Royce, Germany Allianz Insurance Group. Zhang Qihuai, the lawyer for the fourteen fiancés passengers, explained that the five defendants all arranged executives or legal representatives to attend the pre-trial meeting.

The pre-trial meeting is a preparatory activity for the formal hearing of the complicated cases or major cases before the formal hearing of the court. It convenes parties before the court to understand the facts and evidences of the case, sort out the focus of disputes in the case and hold the formal hearing.

MH370 lost family passenger agent lawyer Zhangqi Huai: Because foreign cases are not like domestic cases, you send a subpoena to receive, but through the Ministry of Justice, go to the Ministry of Justice, the judiciary to go to the country, pass him to participate Litigation and the passage of such a route and special foreign-related cases have already been reached. This is the first question. All defendants have come and have also defended themselves.

Detached families filed 10 claims

At the pre-court meeting, the judge presided over the exchange of evidence between the two parties. Zhang Qihuai lawyer introduced the families of the defectors made a total of 10 claims to the court, including requiring the defendant to inform the defector in writing the status of the aircraft, identify and publish the causes and responsibilities of the incident as well as compensation for family members.

MH370 lost passenger family lawyer Zhang Qihuai passenger: The second question clearly the plaintiff's claim, and the exchange of petitions and pleadings, but also to clarify the respondent's defense opinion, the plaintiffs between the plaintiff's original view and the request was exchanged Written related propositions, and the third provides evidence of the facts and the basis of both the arguments and the arguments held in the neutralization and defend opinions in the claims of lawsuits. Both parties exchanged evidences but did not make cross-examination and certification in subsequent official hearings Post comments on the debate.

It is understood that 49 plaintiffs represent the families of 14 foul passengers, involving 36 families, claim the amount of compensation as little as more than 10 million, more than 7700 more than the face of compensation issues, pre-trial meeting, The defendant also replied.

Attorney Zhang Qihuai, Family Fate of MH370: The common defense of the five defendants is that a plane has now been declared missing, and the two are still under investigation. These two points are contradictory. This is the first one Characteristics; the second is to push each other, it is not my responsibility, either to say that his responsibility, or that it is not my responsibility, I do not know who is the responsibility, which is common ground.

All five defendants have expressed their responsibility not to themselves

On specific liability issues, Zhang Qihuai lawyer said that the new MAS said the responsibility to be owned by Malaysia Airlines, because after the reorganization of the new Malaysia Airlines on September 1, 2015 only began to operate; the plane that Malaysia Airlines think fell where to find where the plane did not fall To Malaysia, so search and rescue has nothing to do with him; compensation issues, they think in accordance with the Montreal Convention up to compensation 113,100 US dollars. The U.S. Boeing Co. argues that it is not their responsibility that the Lost Model aircraft have been operating for more than 20 years and the quality of the aircraft is not flawed. The aircraft engine manufacturer Rolls-Royce in the United Kingdom put forward the flawed qualifications of litigants and claimed that they were not the targets of litigation. Allianz AG claims that it is not the insurer of the aircraft.

Specific hearing time to be further notice

The pre-trial meeting on the case ended on the 21st and the court has to give further notice as to when the hearing will be held.

The lost flight MH370 is a Boeing 777 from Malaysia Airlines, which was dropped on March 8, 2014 on its way to Kuala Lumpur International Airport from Kuala Lumpur International Airport. There are 239 passengers and crew members on the flight, including 154 from China. After the plane lost its connection, search and rescue operations involving ships, ships from Malaysia, Vietnam, China, the Philippines, the United States, Australia, the United Kingdom, New Zealand and many other countries were still missing.

The amount of compensation for claims 10 million -7700 million range

This reporter learned that in this pre-trial meeting, 49 plaintiffs to Malaysia Airlines, Boeing and other five defendants put forward civil compensation as much as more than 10 million yuan, more than 7700 million, the amount of the claim is based on what Standard, how to calculate? In addition, the reporter also learned that Malaysia Airlines MH370 flight incident has now been more than 3 years and 8 months, and its status to the families of passengers caused unimaginable suffering, but also brought a lot of legal trouble.

How to claim the amount of compensation is calculated

The lawsuit was filed against 14 family members of 14 out-of-step passengers, all of whom commissioned Zhang Qihuai as their legal representative, claiming compensation ranging from more than 10 million to more than 77 million yuan.

MH370 lost family passenger agent lawyer Zhang Qihuai: Differences in the local points so few points, one I am in accordance with the rest of the calculation, the remaining years of young more compensation for more years; second-lifetime income, like the Western countries, the United States, Britain and Europe , It is in accordance with how much the standard tax payment tax, then we are in accordance with his level of income; the third according to your area, Shandong, Henan, Beijing, to the highest amount to advocate, but It has a supporter, the living standard of the local people and the number of supporters, the family of many elderly children are still very small, I have three children, you a child, now three children I want more compensation, so these three in it There is a gap, and now tens of millions worse.

Zhang Qihuai lawyers introduced the amount of the claim includes the loss of family members of the workers, spiritual damage solatium and all other funds.

Did not declare "death" family members encounter trouble

During the interview, the reporter learned that although Malaysia Airlines flight MH370 has been missing for three years and more than eight months from March 8, 2014, it has caused many accidents to the families of passengers due to the fact that no passengers have been officially declared dead on board. Trouble.

MH370 lost family passenger agent lawyer Zhang Qihuai: lost passengers on this plane, so far there is no legal conclusion, a man lost a woman can not remarry, a woman lost a man can not remarry, the bank can not withdraw the deposit, the reason What is it, did not declare death, did not pronounce death, the bank is not for these changes, you can not go to marriage conversion.

Lawyers, although according to the Civil Procedure Law of our country, the relevant provisions of the Marriage Law, families of lost passengers can voluntarily apply through the people's court to declare the disappearance or death of the deceased relatives, in order to solve the real problems such as marriage, but as a relative, let They take the initiative to do so many family members psychologically difficult to accept.

MH370 lost family passenger agent lawyer Zhang Qihuai: No deaths, no death certificates, so we have a few, 154 Chinese passengers to go to court to apply for a court decision to declare the death, in order to get something, but the heart still unwilling . Now we Chinese people have a saying that makes me alive and want to meet people. When I die, I want to see the corpse, the body remains, and the plane has not seen you. How do you say emotionally that my son is gone? The kind of pain I am afraid for the first time since humans have aircraft.

Failed families of passengers in the United States and other countries also have a lawsuit

It is understood that Zhang Qihuai lawyers also represented the other 28 MH370 lost family members in China filed a civil suit in the United States. Because under the relevant international conventions and laws of our country, the families of passengers who are disfigured on Malaysia Airlines flight MH370 may either bring domestic lawsuits based on their nationality or institute legal proceedings in Malaysia, where the carrier of the aircraft is located. If there is a problem with the quality of the aircraft, In the aircraft manufacturing, design, manufacturing location, such as the United States, Britain filed a lawsuit. It is also understood that families of other countries that have lost their flies on flights have filed civil compensation claims in the United States, Malaysia, New Zealand and other countries.