In the past few days, the case of mutual treasure refusal to pay compensation has been boiling over.
The course of the incident has been known to many people, Tang joined the phenomenon-level product mutual treasure on Alipay on October 31 last year, and at 19:00 on the evening of December 28, he fell into a 3-meter-deep flood ditch and fell into an accident, diagnosed with a double femur fracture, and fell into a deep coma.
Tang's wife filed a claim with Mutual Treasure, and during the investigation, Mutual Treasure found that Tang was hospitalized for about 10 days on August 29, 2016 and was diagnosed with dermatomyositis, and the doctor recommended taking medication for 3 months after discharge. Tang did not inform him of this situation when he joined the mutual treasure, which was inconsistent with the health notice of "whether he had taken the drug continuously for more than 30 days in the past two years", so he refused to pay 100,000 yuan of mutual aid.
According to the rules of mutual treasure, if a member does not agree with the opinion of the trial, he can apply for a jury, which is also a member of the mutual treasure to vote, and if more than 50% of the votes are supported, he can get compensation; if it does not exceed 50%, he cannot get compensation.
After Tang's wife initiated the compensation trial, more than 250,000 people participated in the vote in half a day, but more than half of the compensation examiners supported The decision of Mutual Treasure to refuse to pay mutual aid, forcing Tang's wife to withdraw the application for compensation.
Jurors vote on the case
After analyzing this incident, Fu Shengjun's point of view is: it should be compensated!
Because the mutual treasure side could not prove whether Tang had taken the drug continuously for more than 30 days, and Tang had fallen into a deep coma in a 3-meter flood ditch, it was accidentally caused and had no correlation with the medication behavior of dermatomyositis.
If Tang mou buys an insurance product, such a thing happens, even if the insurance company refuses to pay, the court will also judge the insurance company to pay, the reason is what I said above.
After this incident happened to mutual treasure, some people attacked mutual treasure:
"Look, I've long said that mutual treasure is not insurance, right?"
"Mutual treasure is really unreliable, or buy insurance is reliable!"
Fu Shengjun believes that because Mutual Treasure refused to pay mutual aid money this time, it was completely unnecessary and irrational!
It does not matter whether mutual treasure is insurance, and it is also beneficial for everyone to run the mutual aid plan well, not only insurance can achieve the purpose of protection.
But precisely because the network mutual aid plan is not an insurance product, the lack of legal terms of constraints, so everyone is always worried about joining similar mutual aid plans, people need a credible platform to build a bridge of trust for everyone, Alipay in the public mind can just take on such a heavy responsibility, which is a good thing for the people to establish security, although there are still various deficiencies in the protection of mutual treasure.
Therefore, mutual treasure is not insurance, and whether mutual treasure should be compensated in this incident is not the question that Fu Shengjun wants to say.
But Fu Shengjun saw one from this incident - an out-of-control jury!
The so-called jury system, which refers to the system of selecting a specific number of jurors from among citizens to participate in the trial of cases in the courts, originated in ancient Rome.
In the Middle Ages, a small number of feudal countries in Europe inherited this idea, and the Frankish Kingdom also developed a new investigative procedure called the "Neighbor Investigation Group", which was the prototype of the jury system.
In 1066, after the dukes of Normandy conquered England, they introduced the "Neighbor Survey" system unique to the Frankish Kingdom into Britain. In 1164, Henry II issued the historic Edict of Crarrington, which formally established the jury system.
Henry II issued the Clarington Edict, which established the jury system
So we all say that the modern jury system originated in the UK, and that's why.
But the best to apply the jury system is now the United States.
After the Revolutionary War, the United States established the unique status of the jury system through the Constitution. In jury composition, it was also open to women and blacks, reducing gender and racial exclusion. According to statistics, the United States accounts for 90% of the world's total cases in which juries participate in the trial every year.
The emergence of the jury system has democratized the judiciary, enabled ordinary citizens to participate in the judicial process, corrected irregularities in court hearings, and prevented judges from bending the law for personal gain and acting arbitrarily. This is an important contribution of the jury system to the world's legal system!
So what do U.S. jurors ask for?
Under the federal Jury Selection and Service Act, every adult U.S. citizen may serve as a jury and enter a jury, except for those who are not proficient in English, have mental or physical reasons, and have a criminal record of imprisonment for more than one year.
But how many jurors can actually go to court and participate in the trial?
There is a strict limit to this number, which can be composed between 6-12 people depending on the situation in each state, usually taking 12 people to form a jury.
In most cases the jury consisted of 12 people
On the surface, it seems that as long as you are an adult American citizen, there is no problem with English, no disease, and no criminal history, you can be a juror, but in fact, when it comes to jury selection, the procedure is very strict.
For the sake of fairness, the judge will randomly select a batch of primary lists from the voting list or telephone number book of the election station, and those associated with the plaintiff or defendant shall not be selected.
After completing the primary election, the judge must also eliminate some candidates who have psychological tendencies due to their environment and experience, so as to avoid unfair judgments that may result.
After that, the defense attorney and the prosecution also have to review the juror candidates, who have veto power over the juror candidates. In other words, any selected juror must be approved by both parties at the same time.
In normal cases, jurors can go home. But if the case causes a stir, they need to be isolated, they can't read the newspaper, they can't watch TV news, even when they go to the food store to buy food, they are followed by the judicial police, to ensure that all the information jurors get is evidence that is allowed to be presented in court, and that the judgment is not affected by the speculation and illegal evidence of the press.
Even the jury system in the United States still causes a lot of controversy, some people question that the random sample of jurors come from all walks of life, variety, and are not professional; others believe that jurors who seem to be not controlled by anyone actually have ulterior secrets behind their backs.
On October 17, 2003, the United States released a drama film "Runaway Jury", which tells the story of Nick and Mary, one of the jurors, who controlled the voting results of 12 jurors in a shooting trial that shocked the whole country.
Movie "The Runaway Jury"
In the United States, which advocates democracy and the rule of law, its jury system is still controversial. It is indeed premature for Mutual Treasure to cite the jury system to consider the payment of mutual aid payments for claims.
Let's first look at the conditions for becoming a juror of mutual treasure:
Be at least 18 years old;
is a member who has joined mutual treasure;
There has been no act that harms the interests of mutual treasure members;
Passed the qualification certification of jurors;
Commitment to abide by the Mutual Treasure Jury Business Rules
The conditions for joining are not high, and the so-called jury qualification examination is also very simple, just ask you whether you know how to achieve mutual assistance, the time of mutual treasure publicity, the review process, the apportionment rules and other simple questions, a total of 6 questions.
If you don't know, Baidu can also find the answer, even if you really haven't taken the test, you can repeat the test.
Mutual treasure juror certification exam content
There is no problem with the low requirements for jurors' qualifications, and jurors in the United States are almost universally eligible. The problem is mainly in the number of people who can participate in the jury trial in a case!
From Tang's incident, we can see that the 900,000 jurors who protect each other have a total of 250,000 people participating in the voting, an astonishing number.
As mentioned earlier, the British and American jury system, whose jurors are 12-member system, must go through a process of random primary selection, conditional screening, mutual approval, and isolation from the outside world to ensure that these 12 people can represent public opinion and will not be affected by outside opinions.
The jury initiated by Mutual Treasure on the Internet, although the intention is good, has evolved into a gathering similar to online posting and replying, which lacks the connotation of the jury system.
Such a jury, developing in an out-of-control direction, troubled Tang's wife, and eventually led to the helpless withdrawal of the application.
The jury system has brought democracy into the judiciary and given ordinary citizens important voting rights. This right is sacred and should be exercised with caution and not out of control!
The reasonable introduction of the jury system in the claim settlement process is also conducive to alleviating the contradiction between the insured and the insurance company, and promoting the public to actively understand the relationship between health notification and claim settlement through one jury case after another, and reversing the misunderstanding of insurance claims.
The original intention of the mutual treasure jury system is worth affirming, and I hope that the rules can be further improved and improved, so that the jury system is within the scope of control, so that tens of millions of users of mutual treasure can enjoy better protection!
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