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Government body sues drivers on behalf of beggars

By Wu Jiao (China Daily)
Updated: 2006-04-20 06:42

NANJING: The country's first lawsuit filed by a local civil affairs bureau on behalf of beggars killed in car accidents had its first hearing yesterday in a local court.

Two beggars, both around 60 years-old, died in traffic accidents in 2004 and 2005 respectively in Gaochun, a county of Nanjing, capital of East China's Jiangsu Province.

The local civil affairs bureau conducted the funerals, but no relatives turned out to demand compensation, according to Chen Xiaozhong, dean of the bureau.

With the encouragement of the local procuratorate branch, Chen's bureau acted as the attorney for the two beggars and sued two drivers last month in Gaochun People's Court for compensation to the value of 30,000 yuan (US$3,750). A passenger in one of the cars was also sued.

The country's regulation concerning beggars and tramps in cities, which was filed in August 2003, states that the local civil affairs bureau should safeguard their living, and extend legal help to them when their rights are impaired.

"We consider it an obligation for us to demand civil compensation for these unlucky men killed accidentally, although the regulation doesn't clearly designate this type of situation," said Chen. "If we don't sue, the troublemakers will go unpunished in a legal vacuum."

However, lawyers hired by the three drivers are questioning the Gaochun Civil Affairs Bureau as a legitimate accuser to initiate a civil lawsuit.

Any accuser in a civil lawsuit should be the people or organizations whose interests are directly involved in the case. The civil affairs bureau does not fall into this category, said a lawyer surnamed Li who is representing the accused.

The three people accused said they would only compensate the true relatives of the two victims. No final ruling was declared yesterday, according to officials with the court.

"There is no precedent in such a lawsuit. We need more time," said sources with the court.

But they estimated that the first ruling would be declared next month.

According to Chen, if they win the case, the compensation will be kept for five years on behalf of possible relatives who may surface within that time. After five years, the money will be donated to charitable funds managed by State organs to help needy people.

(China Daily 04/20/2006 page3)