The pre-trial meeting was held in a court of Beijing Railway Transport Court. There are 49 plaintiffs, who are the families of four lost passengers on Malaysia Airlines Flight MH370/KLOC-0, and five defendants, who are Malaysia Airlines (also known as Malaysia Airlines), Malaysia Airlines International Limited (also known as Singapore Airlines), Boeing Company of the United States, aircraft engine manufacturer rolls royce Company and German Allianz Insurance Group. Zhang Qihuai is the attorney for the families of 14 lost passengers. He introduced that all five defendant companies arranged for executives or litigation agents to attend the pre-trial meeting.
Pre-trial meeting is a preparatory activity for the people's court to gather all parties to understand the facts and evidence of the case and sort out the focus of the dispute before the formal hearing of the case.
Zhang Qihuai, attorney for the families of the missing passengers on flight MH370: Because foreign-related cases are not like domestic cases, you can receive a summons, but you have to go through the Ministry of Justice to the Ministry of Justice and the judiciary of the other country to send him to participate in the proceedings. In this way, special foreign-related cases can be delivered. This is the first question. The defendants have come to defend themselves.
The family of the lost person filed a lawsuit 10.
At the pre-trial meeting, the judge presided over the exchange of evidence between the original defendant and the defendant. According to lawyer Zhang Qihuai, the families of the people who lost contact filed a lawsuit with the court 10, including asking the defendant to inform the current situation of the lost aircraft in writing, finding out and publishing the cause and responsibility of the incident, and compensating the family members.
Zhang Qihuai, attorney for the families of the passengers who lost contact on Flight MH370: The second question clarified the plaintiff's claim, exchanged plea and defense, and also clarified the defendant's defense opinions. The original defendant exchanged basically clear opinions and demands in written form, and the third party provided evidence for the opinions and facts advocated by both parties in the litigation request and defense opinions. The two sides exchanged evidence, but there was no cross-examination, which will only be cross-examined at the formal court session in the future.
It is understood that 49 plaintiffs represent the families of 14 lost passengers, involving 36 families. The amount claimed ranges from more than 10 million to more than 77 million. In the face of compensation, the five defendants also responded at the pre-trial meeting.
Zhang Qihuai, attorney for the families of the missing passengers on Flight MH370: The common defense opinion of the five defendants is that one plane has been declared missing and the other is still searching. These two points are contradictory, which is the first characteristic; The second is to shirk responsibility. It is not my responsibility, either his or mine. I don't know who is responsible. This is the common ground.
All five defendants said that the responsibility was not their own.
Regarding the specific responsibilities, Zhang Qihuai said that Singapore Airlines said that the responsibility should be attributed to Malaysia Airlines, because Singapore Airlines began to operate on September 20 15 1 day after its reorganization; Ma Lao Airlines thinks we should look for the plane where it crashed. The plane didn't crash into Malaysia, so the search and rescue had nothing to do with him. On the issue of compensation, they think that according to the Montreal Convention, the maximum amount of compensation is 1 1.3 1 ten thousand dollars. Boeing argues that the lost model plane has been in operation for more than 20 years, and it is not their responsibility that the quality of the plane is not defective. British rolls royce Company, an aircraft engine manufacturer, claimed that the subject qualification of the lawsuit was flawed, arguing that the object of the lawsuit was not them. Allianz Insurance Company of Germany claims that it is not the insurance company of Malaysia Airlines aircraft.
The specific court time needs to be notified separately.
The pre-trial meeting of this case ended on 2 1, and the specific court time will be announced separately.
Malaysia Airlines Flight MH370, a Boeing 777, was lost on the way from Kuala Lumpur International Airport to Beijing Capital International Airport on March 8, 20 14. There are 239 passengers and crew on the flight, including 154 passengers from China. After the plane lost contact, ships and planes from Malaysia, Viet Nam, China, the Philippines, the United States, Australia, Britain and New Zealand participated in the search and rescue, and their whereabouts are still unknown.
The amount claimed ranges from100,000 to 77 million.
The reporter learned that at this pre-trial meeting, 49 plaintiffs filed civil compensation with five defendants, including Malaysia Airlines and Boeing Company, with the amount ranging from 1000 million yuan to 77 million yuan. What is the standard of this kind of claim and how to calculate the amount? In addition, the reporter also learned that it has been more than three years and eight months since the incident of Malaysia Airlines Flight MH370, and its state has not only brought unimaginable pain to the passengers' families, but also brought many troubles in legal relations.
How is the claim amount calculated?
The lawsuit was filed by 49 family members of 14 lost passengers. Zhang Qihuai was appointed as the agent ad litem, and the claim amount ranged from10000 to 77 million RMB.
Zhang Qihuai, attorney for the families of the missing passengers on Flight MH370: There are several differences. One is that I calculated the remaining years according to the rest of my life, and the remaining years of youth exceeded the compensation years; The income of the second life, like western countries, like the United States, Britain and Europe, is paid according to the standard of compensation, so we should pay according to his income; The third claim is based on your region, Shandong, Henan and Beijing. The amount is the highest, but it has a supporter, the local per capita living standard and the number of supporters. There are many elderly people in the family and the children are still very young. I have three children, and you have one. Now I have to pay more for three children, so there is a gap in these three items, and now it is tens of millions.
According to Zhang Qihuai's lawyer, the amount claimed includes family members' lost time, mental damage compensation and other expenses.
Family members who have not declared "death" are in trouble.
During the interview, the reporter learned that although Malaysia Airlines Flight MH370 was lost on March 8, 20 14, it has been more than three years and eight months, and the passengers on board have not been officially declared dead, which has brought many troubles to the passengers' families.
Zhang Qihuai, attorney for the families of the passengers who lost contact on Flight MH370: So far, there is no legal conclusion about the passengers who lost contact on this flight. Men can't remarry without women, women can't remarry without men, and bank deposits can't be withdrawn. What is the reason? If there is no death declaration, the bank will not handle these changes, and you can't change your marriage.
Lawyers said that although according to the relevant provisions of China's Civil Procedure Law and Marriage Law, the families of lost passengers can take the initiative to apply for declaring their lost relatives missing or dead through the people's court to solve practical problems such as marriage, as relatives, many family members take the initiative to do so psychologically. It is difficult.
Zhang Qihuai, attorney for the families of the passengers who lost contact on Flight MH370: There was no death declaration and no death certificate, so several of us, 154 China passengers, went to the court to apply for a court verdict to declare death, but we were still unwilling to get something. Now we in China have a saying that I want to see the living, but I want to see my dead body. I've never seen a human body or an airplane. How can I say emotionally that my son is gone, so he is suffering here. This kind of pain is probably the first time since human beings have an aircraft.
The families of the lost passengers also have lawsuits in the United States and other countries.
It is understood that lawyer Zhang Qihuai also represented 28 families of China passengers who lost contact with MH370 in the civil compensation lawsuit filed in the United States. Because according to relevant international conventions and laws of China, the families of the lost passengers of Malaysia Airlines Flight MH370 can bring a lawsuit in their own country or in Malaysia where the aircraft carrier is located. If they think there is something wrong with the quality of the aircraft, they can also file a lawsuit in the places where the aircraft is produced, designed and manufactured, such as the United States and Britain. It is also known that the families of passengers lost in other countries have filed civil compensation lawsuits in the United States, Malaysia, New Zealand and other countries.