Village course of study appoint can seek owner opinion, whether to want to appeal
On October 5, 2017, garden of Xi Jincheng of town of city of Zhejiang province Hangzhou produced calamity of one on fire. A boy is gathering up windowsill, foot steps on the small video with tumbledown canopy, allow authority anxious. Later, the person still is misfortune dropping building, via dying that day after hospital rescue is invalid.
One year many is lain between when, this tragedy because a lawsuit, be paid close attention to by the outside once more. Victim parents delays fire control to come to help with suffocate suffocate of village safety passageway for, jin Chenghua garden owner committee appeals to to the court. This year on April 28, via court decision of court of people of west lake division, take into consideration the circumstances decides the accused (course of study of village of Jin Chenghua garden appoint meeting) assume the liability to pay compensation of 10% , total amount 110 thousand multivariate.
Because gold becomes garden village to did not invite tripartite property to serve a company, for course of study appoint can be in charge of oneself, this means compensation to want apportion to arrive on every owner head.
The misfortune in son fire dies
Parents solicited village line of business appoint meeting
A few days ago, the accident still can see the mark that sootiness passes outside unit building.
The security personnel Wu Jun that comes from Guizhou has impression to this thing: "When the accident, I am on duty in police box. Suddenly a fellow-townsman runs hurriedly, say on fire, I am dialed at the same time ' 119 ' , call other security personnel greatly at the same time. A security personnel is carrying fire extinguisher to develop the past at that time, run downstair, see the individual stands on canopy, that moment smoke has spread to the side of the window. That moment smoke has spread to the side of the window..
In a few minutes, public security and fire control arrive, regretful is the man that be stranded fell from canopy, death disables via hospital rescue after.
At the beginning of 2018, victim parents course of study appoint can tell a court, those who accuse is tort appeal to, requirement course of study appoint can assume liability to pay compensation to the son's death.
Last year July, forensic open a court session hears this case. On front courtyard, accuser thinks fire engine takes the time that the village spends, and the residence that did not stop to have an accident is downstair, because car of park of village road surface is too much,be, insufficient unobstructed, course of study appoint can not use up administrative responsibility.
The accused respect says, the position of fire engine park should be take water to concern with its, also be to belong to reasonable rescuing range, and in whole rescuing process, show without any direct evidence car of road surface park comes to help to fire engine caused cloggy. And when the accident, course of study appoint the employee of the meeting and security personnel also carry fire control equipment to head for the spot instantly, cooperate fire control actively also to come to help, should say to had used up responsibility.
Court decision of court of first instance
Course of study appoint can assume the liability to pay compensation of 10%
Be in several days ago, the court made first instance adjudicate.
The court thinks, main responsibility is in guardian, namely victim parents. The reason is the on fire account that fire control maintains " do not eliminate to play with fire ignition shoe ark causes fire " , and the victim fastens mental deformity, so parents did not use up tutelar duty, the agree carries the mainest responsibility.
So course of study appoint can you have responsibility after all?
Main evidence just is course of study appoint can be in a the accident is late " the circumstance is reported " , have in the bulletin allude " because village car is more, fire engine entered a village to also spend some of time " , return respecting to want a standard to jockey in order next, pass in and out of safeguard lash-up car is expedite wait.
The court thinks, "From this knowable, when fire happening, jockey because of what village main force the business of mouth of problem, gate lays an issue, those who affected fire control vehicle is current, rescuing time was delayed on certain level " . And village of Jin Chenghua garden is to carry out property to be in charge of oneself, course of study appoint what can fail to ensure through active management village entrance main force is current and smooth, put in certain fault.
Have fault already, consider employment again appoint the property company that can not be major, administrative ability is limited, "The administrative responsibility that its bear should match with its ability photograph " , and the 2 times above that amount of car of home of illicit of owner of Jin Chenghua garden is car digit quantity, jockeying to go up objectively is difficult.
So, "The fault level that considers the accused integratedly and reason power volume " , court " take into consideration the circumstances decides the accused assumes 10% responsibility " .
Owner people to this the court decision has different opinion. Owner thinks, since fire control is maintained on fire reason " do not eliminate to play with fire ignition shoe ark causes fire " , by what to let all owner assume this responsibility again?
Sentence about this punish,
Beijing youth newspaper has a view!
All owner is carried for fire duty compensation is a vivid caution classYang Wei stands
The court decision of this case is had to similar henceforth case not only as a result " set an example " meaning, and have oriented sense more to making sure fire control passageway is expedite.
In recent years, as people living standard rise, the amount that dweller family has a car is increasing. However, many residential villages because car finite, illicit home car takes up illegally the phenomenal common occurance of park of fire control passageway. Common saying says, floods and fires have no mercy for anybody. Once produce fire, delay necessarily come to help. Go to already, the report of this respect often sees Zhu Baoduan, many people have such bewilderment: Because fire control passageway is blocked up, delayed come to help, cause personal casualty or belongings loss, whether should be somebody carried for this duty? Who should be carried duty?
this lawsuit with respect to garden of Hangzhou city Xi Jincheng, owner people also have different opinion. Owner thinks, since fire control is maintained on fire reason " do not eliminate to play with fire ignition shoe ark causes fire " , by what to let all owner assume this responsibility again? But the answer that forensic court decision gave out to make clear and affirms. When happening because of fire, village main force jockey the business of mouth of problem, gate lays an issue, those who affected fire control vehicle is current, rescuing time was delayed on certain level. And village of Jin Chenghua garden is to carry out property to be in charge of oneself, course of study appoint can fail to pass active management, those who ensure village entrance main force is current and smooth, put in certain fault. So, "The accused assumes 10% responsibility " , this means compensation to want apportion to reach this village on 984 owner head.
How should understand village collectivity owner to bury sheet for suffocate suffocate of fire engine passageway? When 60 years happen the century in the United States on famous " coco seizes a life " case, can bring very beneficial enlightenment in order to give us probably. A head in be being broken by coco in the tourist misfortune that public beach basks dies, hawaiian state government is sued accordingly. The judge thinks, although coco drops,be wind- driven be caused by, it is dangerous that government of state of Dan Xiawei exterminate sees this is planted beforehand did not fulfil his duty however responsible eliminate, manage not do one's best to public facilities and public property, cause tourist death. Finally, hawaiian state government is sentenced to compensate for 10 million dollar to finish sth. Since then, what the government began pair of coconut fruit to avoid follow the same old disastrous road is cleared, till today, "Hawaiian coco cultivates not long fruit " scene still be people take delight in talking about.
Although national condition is different, the domain is different, but the truth is interlinked. Our country " fire service law " regulation of the 28th proclaimed in writing, any units, individual " must not take up, jam, close passageway of scattered passageway, safe exit, fire engine " . Hematic lesson again and again caution we, fire engine passageway " be illogical painful " , the fire accident that has meet by chance together already left too much lesson, always cannot be when " die sheep " later just remember " filling prison " , successful judicatory case is very good advise others by using one's own experience. Court decision of first instance of proposal of compensation of fire of Xi Jincheng garden gives out Hangzhou city at least at 3 o'clock caution: It is each owner want to be made from me, abide by strictly " fire service law " regulation. 2 it is course of study appoint meet or property company should act actively, walk on strictly duty, strengthen management and service, on passageway of main and cleared fire control " obstacle " . 3 it is to want draw inferences about other cases from one instance, eliminate a village inside of all kinds and safe hidden trouble, do not leave blind angle blind area, cogent do safe work fine do solid, make " without Guo Yelin " , realize a nip in the bud.
What to advocate, what to object, have value to direct. Should compensate for the adjudicative result of the case, owner of village of collectivity of garden of Xi Jincheng of cognizance Hangzhou city assumes legal responsibility, carry for suffocate suffocate of fire control passageway duty compensation, it is placatory to a kind of the dead's family not only, and also removed active guiding to public safety action -- reflected the condemnation that to jamming fire control passageway reachs administrative not do one's best, change an angle to look, the deep feeling that ranks an environment to making security person just about is called.
Sentence to this punish,
Yuan Fang, how do you look?
Delay to suffocate suffocate of fire control passageway come to help,
What do you have to think again?
Leave a message to us please.
