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2018年05月27日 17:39:19    日报  参与评论()人

The Asiana Airlines jet crash on Saturday will likely generate litigation. But where the bulk of it will take place is very much an open question.韩亚航空(Asiana Airlines)上周六的飞机坠毁事故可能会引发诉讼。但大部分官司在哪里打是个问题。The U.S. is a highly sought venue for lawsuits because damage awards for pain and suffering and emotional distress in U.S. courts are typically much larger than in other countries. The crash, which killed two Chinese teenagers and injured 182 others, occurred on U.S. soil, but that doesn#39;t guarantee entry into U.S. courts.很多人想在美国打这场官司,因为美国法院对伤痛、苦难和精神损害给予的赔偿金额一般远超其它国家。这次飞机失事造成中国两名青少年遇难,182人受伤,事故发生在美国境内,但这并不能保美国法院会受理此案。The method of compensating victims of international airline crashes is governed by a treaty known as the Montreal Convention, which came into force in 2003. Under the treaty, Asiana, of South Korea, is automatically liable for as much as about 0,000 in damages per injured passenger─damages that would likely be paid by the airline#39;s insurers, legal experts said. Passengers could seek more money from Asiana if they can show the airline was at fault for the crash.有关国际航班空难遇难者的赔偿问题适用2003年实施生效的《蒙特利尔公约》(Montreal Convention)。根据该公约,韩国的韩亚航空应自动为每位受伤乘客赔偿15万美元左右。法律专家说,赔偿费可能由韩亚航空的保险公司付。如果乘客能拿出韩亚航空对坠机事故负有责任的据,也许能要求该公司做出更多赔付。But legal experts were divided on where passengers would be allowed to file any claims. The treaty allows victims of the crash to sue Asiana in U.S. courts if they are permanent U.S. residents, purchased tickets in the U.S. or were flying into the U.S. as a final destination.但关于乘客可在何地提起诉讼的问题,法律专家看法不一。根据《蒙特利尔公约》的规定,如果遇难者是美国永久居民、在美国境内购票或飞往美国将其作为最终目的地,则可向美国法院起诉韩亚航空。Representatives of Asiana couldn#39;t immediately be reached for comment.记者无法立即联系到韩亚航空的代表置评。Most of the passengers weren#39;t U.S. residents, including 141 Chinese and 77 Koreans. There were 64 Americans aboard. A big question will likely be whether courts consider the U.S. a final destination for foreigners with round-trip tickets.失事客机上的大多数乘客(包括中国籍141人和韩国籍77人)都不是美国居民,美国籍乘客为64人。可能一个很重要的问题是,法院是否认为美国是那些购买了往返票的外籍人士的最终目的地。#39;For a Chinese person with a round-trip ticket, the final destination is China,#39; said Mike Danko, a trial lawyer based in Redwood City, Calif., who is working with foreign counsel for some of the victims. He predicted the U.S. courts would knock many of the passenger claims to foreign jurisdictions.加州雷德伍德城(Redwood City)的庭辩律师、目前正与外国顾问一起代理部分伤亡者案件的丹科(Mike Danko)说,对于购买了返程票的中国人而言,其最终目的地是中国。他预测,美国法院会将很多乘客的索赔要求驳至外国司法管辖地。But Ladd Sanger, an aviation lawyer and commercially rated pilot, said, #39;I think there#39;s a good argument that everyone on that airplane could bring a case in the U.S.#39;但航空案件律师、商业飞行员桑格(Ladd Sanger)说,我认为完全有理由提出,失事飞机上的所有人都可在美国提起诉讼。Mr. Sanger said U.S. courts have split on the meaning of #39;final destination#39; in the Warsaw Convention, the predecessor of the Montreal Convention.桑格说,美国法院对于《蒙特利尔公约》的前身《华沙公约》(Warsaw Convention)中“最终目的地”一词的含意存在分歧。U.S. courts have occasionally ignored jurisdictional requirements of the treaty, he said, sending cases to the place where the crash occurred. That happened in the aftermath of Air France Flight 447, which crashed into the Atlantic Ocean in 2009, killing all 216 passengers and 12 aircrew.他说,美国法院有时会忽略公约中的司法管辖权要求,直接在空难发生地提交案件。法国航空公司(Air France)447航班2009年在大西洋坠毁后,就有过这样的案例。那次事故造成216名乘客和12名机组人员全部遇难。Regardless of where claims against Asiana could be filed, passengers may still sue other parties in U.S. courts, such as the aircraft manufacturer, the aircraft-parts makers and the federal government, which controls air traffic, Mr. Danko said.丹科说,无论在哪里提起对韩亚航空的诉讼,都不影响乘客向美国法院起诉其它当事人,如飞机生产商、飞机零部件生产商和进行空中交通管理的美国联邦政府。The findings of the National Transportation Safety Board, which is investigating the crash, aren#39;t admissible in court. So it is possible a passenger could proceed with a claim against the manufacturer or another party besides Asiana, even if the NTSB concludes the crash was the result of pilot error, legal experts said.美国国家运输安全委员会(National Transportation Safety Board)正在调查这次坠机事故,但调查结果不会被美国法院采纳。法律专家因此说,即使该委员会得出结论,认为事故由飞行员失误造成,乘客仍可将除韩亚航空外的飞机生产商或其它方告上法庭。Under federal law, lawyers are prohibited from contacting victims or victims#39; families until 45 days after air crashes. In the past, according to Mr. Danko, airlines have used that time to make settlement offers.依据美国联邦法律,律师不得在空难发生后45天内联系受害人或其家属。丹科表示,航空公司以前会用这段时间提出和解方案。 /201307/247212

Nearly two million drivers in the UK have had accidents due to ‘Baby On Board’ signs and children’s toys that obscure their view, according to alarming new research.最新研究表明,英国有大约200万名司机曾因车贴和儿童玩具发生过交通事故。这些写有“车里有孩子”等字样的车贴和玩具会模糊他们的视线。One in 20 motorists says stickers and playtime paraphernalia are to blame for a collision - equivalent to 1.85 million of Britain’s 37 million drivers.在每20位驾驶人员中就有一位表示,车贴和设备会导致发生交通事故。英国有3700万驾驶者,按照这一比例计算,持有这种观点的高达185万人。The revelation triggered a warning by road safety charity Brake to cut down on clutter in the car.因此,道路交通安全慈善机构Brake提醒大家清理车辆的相关物品。Deputy chief executive Julie Townsend said ‘Baby On Board’ signs are useful in alerting the emergency services that a child may be involved in the event of a crash.该机构的副主管朱莉-汤森说,在发生交通事故时,“车里有孩子“的车贴对提醒应急务人员事故中可能有孩子受伤来说非常有用。‘This help can become a hindrance if drivers display signs when their child isn’t in the vehicle,’ she said.她说:“但当孩子没在车里时,这种车贴就会帮倒忙。”‘Worse still is the danger that can be posed by drivers obscuring their view by cluttering up windows with lots of signs.“更糟的是,如果车主在车窗上散乱地贴了很多车贴,会妨碍视线,造成危险。”‘Drivers’ priority should always be getting there safely without putting themselves, young passengers or other road users at risk.’“司机们首要考虑的应该是,要在不威胁到自己、年轻乘客或者其他路人的情况下安全抵达目的地。”A OnePoll survey commissioned by price comparison website Confused.com found that 37 per cent of parents have displayed signs and four out of five of them believe they improve safety.比价网站Confused.com开展的一项调查发现,37%的父母使用了车贴,其中4/5相信这能使行驶更安全。But 46 per cent admit doing so at all times - regardless of whether or not their child is in the car - and 15 per cent confess they only have them for their novelty value.但有46%的受访者承认,不管孩子在没在车里,他们都会使用车贴,还有15%承认自己这样做只是因为新奇有趣。The poll of 2,000 drivers also found that 46 percent of drivers regard them as a hazard and 33 percent say they are tacky.这项针对2000名司机的调查还发现,也有46%的驾驶者认为这种车贴会造成风险,33%认为这样很俗气。‘There are benefits and dangers to “Baby on Board” signs. They can offer useful information for paramedics in the case of a crash but having too many novelty items displayed could be a safety issue,’ said a Confused.com spokesman.Confused.com网站的一位发言人说:“这种车贴有好处,但也会造成危险。在遇到交通事故时,这种车贴可以为医护人员提供有用的信息,但如果车上贴了太多花里胡哨的车贴,就会造成安全隐患了。” /201210/203771 Francine Prose新书《接触》生活中,我们总会有意或无意的去接触一些已经认识或将要认识的人,接触对每个人而已都是微小到不能再微小弟一件事。无论是成人或是孩童,在《接触》一书中,作者主要围绕一名青春期的女主人翁,在面对自己的身体发生变化时,如何处理与从小一起长大的异性玩伴之间的“接触”,在家庭中,又如何接触自己离异的父母,及一起生活的继母。'Touch: A Novel' by Francine ProseBreasts can be so problematic, especially if you're a teenage girl. First, there's the worry you won't grow any. Then there are the problems once you do. That's the situation in which 14-year-old Maisie Willard finds herself in "Touch," the latest young adult novel by National Book Award finalist (国家图书奖获得者)Francine Prose.Maisie is flat-chested (平胸的)when she leaves to spend a year in another city with her mom, but she blossoms in the time she is away from the three best friends she's known since preschool -- all of them boys. Hugging is suddenly out of the question for the soon-to-be high-school freshmen. So are conversations about their morphing bodies(变化的身体) and rising interest levels in matters involving the opposite sex.But the change in Maisie's physique is undeniable, and so is her friends' interest in touching her. While Maisie lets one of them brush his hand against her chest during bus rides to school -- incidents she dismisses as accidental -- it isn't long before the other two demand to be given the same opportunity.When a fellow bus rider reports the incident to the school principal, and the school principal calls Maisie's stepmom, the subject of whether Maisie was touched and whether she allowed it blows up into a lawsuit and boils down to a miserable daily existence at school, as Maisie herself tries to figure out what really happened.Did she let them touch her? And did she ask them to pay her money? Or did she say no, only allowing the boys to fondle her because her hands were pinned by one of the perpetrators(作恶者)? In true victim fashion, she honestly can't recall, and she doesn't know whom to trust to help her figure it out. She despises her stepmom and is angry at her real mom for breaking up her parents' marriage. Her dad is uncomfortable with the situation, and her three best friends have now become the enemy.Then there are Maisie's therapist, a woman she also doesn't trust because she's her stepmom's friend, and her own traumatized(受创伤的) thoughts, which get more convoluted(复杂) by the day as she sinks into her new identity as "the Magic Ice Cube Girl" at school. "Everyone freezes when they see me," she says.As prevalent as they are in American culture, breasts are a delicate subject in young adult literature. As much as they're objects of fascination, admiration, curiosity and pride, they're also the cause of despair, confusion, embarrassment and, in the case of "Touch," unwanted attention and inappropriate behavior. Prose takes all these conflicting and oftentimes concurrent scenarios and wraps them in a fascinating, eloquent(雄辩的,有口才的) tale of truth and consequences -- of what happens when one's body becomes a desired if unwittingly(不知情的) sexual object, when the measurements of a female form bring childhood to an emotionally painful end. Prose's own touch is deft and sensitive, making "Touch" a wonderful, and powerful, .Keke View:法兰欣.普罗丝(Francine Prose) 著有十四本小说,包括最近期的《改头换面》(A Changed Man)以及入选(美国)国家书卷奖决赛的《蓝天使》(Blue Angel)。 /200907/79220

Nurses continue to top Gallup's annual Honesty and Ethics survey released Friday and thus enjoy top public accolades for the eleventh straight year. Car salespeople, lobbyists, and members of Congress have the lowest honesty and ethics.  据盖洛普网站周五发布的调查表,护士再次登上年度诚信道德调查排行榜榜首,故而也是连续第十一年享受到公众赞誉。而汽车销售员、说客以及国会议员被认为最没有诚信。  Eighty-one percent of Americans say nurses have "very high" or "high" honesty and ethical standards, a significantly greater percentage than for the next-highest-rated professions, military officers (73 percent) and pharmacists (71 percent).  81%的美国民众称护士诚实度、道德标准“较高”或者“非常高”,这一数据比排在第二第三位的职业——军官(持率73%)和药剂师(持率71%)——的持率高出许多。  Meanwhile, lobbyists, car salespeople and members of Congress are considered to be the least ethical. Only nine percent of those surveyed say the members of Congress have high ethical standards, and just seven percent for the car salespeople and lobbyists, respectively.  而说客、汽车销售员以及国会议员成为民众认为最不诚实的人士。只有9%的受访者评价国会议员拥有较高的道德标准,而汽车销售员和说客的持率则分别仅为7%。  Twenty-two professions are rated as follows: Nurses, military officers, druggists or pharmacists, grade school teachers, medical doctors, police officers, clergy, judges, day care providers, auto mechanics, nursing home operators, bankers, TV reporters, newspaper reporters, local officeholders, lawyers, business executives, state officeholders, advertising practitioners, members of Congress, car salespeople and lobbyists.  22个职业的诚信度排行依次是:护士、军官、药剂师、小学老师、医师、警官、教士、法官、看护、汽车机械师、疗养院经营者、职员、电视记者、报纸记者、地方政府官员、律师、企业高层、州政府官员、广告家、国会议员、汽车销售员以及说客。  Results for this Gallup poll are based on telephone interviews conducted November 19 to 21, 2010, with a random sample of 1,037 adults, aged 18 and older, living in the continental US.  该民调结果是基于11月19日至21日日,在全国以电话抽样访问1037名居住在美国大陆的18岁以上居民。 /201012/120119





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