On September 1, the name is " employee of the P7 in A gets leukaemia die, rented freely formaldehyde house before one's death " public date article causes wide attention. The article says, this employee dies due to illness, because the freely room formaldehyde to be hired before one's death exceeds bid badly,be. The lady of family member stone of patient king gentleman told about Mr Wang to journalist of view of · of legal evening paper from the whole process that hires freely contain to die to sicken, point out its sent lawyer letter and litigant postscript to freely headquarters at the beginning of August, the building of apartment dish what belong to freely to stewarded to send a short message to deceased Mr Wang, desire one-sided removes contract.
After Mr Wang dies, those who freely chamberlain sends Mr Wang the mobile phone retreat hire a short message
On September 1, freely respect releases statement response to say, freely chamberlain is right before this this matter not know the inside story, "At present freely had be notted obtain include Mr Wang case inside more information, mr Wang family member already arranged lawyer processing, freely will coordinate judicial department work actively, respect forensic ruling. During, we also can act on humanitarian spirit to undertake conciliatory communication according to family member apiration certainly. We also can act on humanitarian spirit to undertake conciliatory communication according to family member apiration certainly..
The employee in 37 years old of A suffers from leukaemia of acute marrow sex to ever lived before one's death freely apartment
At the beginning of 2018, mr Wang of 37 years old by employ of the Baba in A, head for Hangzhou to work on April 18. There is next old having on young Mr Wang very cherish this one opportunity, immediateness heads for check-up center to check, preparation enters office. On January 15, the hematic convention that check-up reports shows, the index such as red blood cell and plaque all normal. In April, mr Wang is gone to from Beijing alone Hangzhou the job. Signed a contract with freely on May 8, hire fell to be located in area of Hangzhou bank river the apartment of one village attic. Apartment is double entry formerly, freely changes one's costume or dress his to leave two boarding house to go up. Mr Wang leased among them 2 buildings, hire is 2790 yuan. The wife stone lady that occupies Mr Wang introduces, although ferial king gentleman lives in this one person, but the 2 buildings after changing one's costume or dress have bedroom, sitting room, closet and store, independent boarding house avoids to add up to the inconvenience that hire not only, convenient still wife come round Hangzhou visits his family. On June 1, stone lady is taking the child to visit one's family, live inside the freely room that Mr Wang rents. Stone lady expresses, be in as a result of the room attic, temperature is so higher, return the meeting after the home is medium to open air conditioning directly commonly, of the room connect it is not good to appear a gender.
On July 13, of in relief hospital of Mr Wang hold office at court leave hospital diagnostic certificate
On July 7, mr Wang answers Beijing to visit one's family, in returning the home hind, mr Wang tells a wife, crus forehead occurrence purpura, return occurrence doubt to be like subsequently n/med having blood in one's stool. On July 10, he reachs sunny hospital courtyard blood division sees a doctor on the west, the hospital diagnoses his to suffer from leukaemia of sex of M3 acute marrow. Haemal family doctor introduces, case of Mr Wang haemorrhage is more severe, and because,n/medding having blood in one's stool is splanchnic haemorrhage be caused by. On July 12, mr Wang illness is aggravating, turn to the ICU from haemal division (ICU) . And stone lady is in in be being communicated with wardmate of leukaemia of sex of marrow of a M3 acute, in be informed wardmate home, decorate recently, begin the illness Mr Wang and the freely apartment photograph that hire in Hangzhou to contact then. On July 13, mr Wang dies because of illness accentuation. That day, of Mr Wang leave hospital medical certificate shows, besides sufferring from acute marrow to fasten leukaemia, mr Wang is returned anaemia is spent in happening, liver function is unusual, lung infection, alvine path is affected, enteron bleeds, breathe the symptom such as exhaustion.
On July 12, the blood of Mr Wang detects report, examine diagnose for AML (leukaemia of acute marrow sex)
Disease suffers from a family member to mention respect of legal lawsuit freely is about to remove contract
On July 18, stone lady arrives at Hangzhou. On July 19, stone lady asks Hangzhou to be connected surely detect the freely room that technical service company rents to the husband undertook detecting. Detect the result shows, the sitting room inside the room, advocate lie to be worth with the formaldehyde chroma of storeroom all every stere that prep above country sets 0.1 milligram (0.1mg/&M3) . Subsequently, stone lady consulted a lawyer, preparation mentions legal lawsuit.
Formaldehyde checks an orgnaization to issue examine report
At the beginning of August, for keep evidence, stone lady capture paid the rent September, stick apartment with a paper strip for sealing. Subsequently, stone lady sent lawyer letter and litigant book to freely headquarters. In August the middle ten days of a month, stone lady received the telephone call that Hangzhou freely stewards, the other side said to see a paper strip for sealing on apartment door. On August 27, the building of apartment dish what belong to freely to stewarded to send a short message to deceased Mr Wang, the short message says, "My department accepts the litigant book of your sweetheart, show you had done not have the ability that continues to honor the agreement in litigant book, remove now contract. " subsequently, stone lady contacted the ranking manager that freely stewards. Stone lady expresses, chummage has been handed in to September, submitted to to the court evidence conserves, do not accept freely one-sided to remove contract, call in forcibly apartment, will call the police otherwise processing. Stone lady says, freely the manager is responded to in the phone, "Then you call the police, I am waiting in the doorway. " then, the stone lady that is in Beijing personally reports a case to the security authorities to Hangzhou police. Then, police and freely staff member entered the room that Mr Wang rents, answered police station to do note. Because the husband dies, the stone lady that is in Beijing personally should take care of 3 years old of children of half already, patronize two ailing old people even, head for Hangzhou without method.
Freely response: Already arranged lawyer processing to will respect forensic ruling
On September 1, small gain of freely customer government issues statement response. The response says, "At present freely had be notted obtain include Mr Wang case inside more information, mr Wang family member already arranged lawyer processing, freely will coordinate judicial department work actively, respect forensic ruling. During, we also can act on humanitarian spirit to undertake conciliatory communication according to family member apiration certainly. We also can act on humanitarian spirit to undertake conciliatory communication according to family member apiration certainly..
Freely respect expresses in official statement, on July 15, 2018, the domestic small letter that date of Zhang of Mr Wang small letter stewards in resident and freely group had made water charge of electricity, did not allude to freely chamberlain during this building air misgive. On August 24, 2018, freely chamberlain receives forensic subpoena and letter of lawyer of the other side (write date on August 14) , be informed Mr Wang to already died of illness at was in Beijing on July 13. Freely chamberlain is right before this this matter not know the inside story, subsequently immediateness comes to discover to full a paper strip for sealing has been stuck on the door, mr Wang family member expresses the gate a paper strip for sealing that he sticks.
Statement points out, "This matter issue closes great, need to consider photograph inside Shanghaiguan to allow family of pair of the person that die to create become influence and pressure on one hand, also need objective, full-scale investigation on the other hand. Before the judiciary makes final ruling, what should avoid a fragment to change is one-sided unscramble, solve what give party and event legally cause an effect. Solve what give party and event legally cause an effect..
Lawyer argument: At present congener case adjudicates the result is skimble-scamble
Be aimed at this case, journalist of view of · of legal evening paper interviewed Beijing in human relations the Zhang Zhijie's lawyer of attorney office. Zhang Zhijie's lawyer expresses, this kind of case is complex in solid Wu of our country judicatory spend a kind of higher case, at present congener case adjudicates the result is skimble-scamble, whether is the key identifying calm formaldehyde to exceed mark and body to damage at the court between have causal.
Because the manage of hair interpretation of the cause such as blood disease is complex it is certain to reach existence controversy, dare to accept formaldehyde without professional appraisal orgnaization causal appraisal applies for between pollution and leukaemia. Integrated and current judicatory case, tenement needs to prove to formaldehyde is polluted and associated sex is had between leukaemia, pollution of formaldehyde of lessor need proof and leukaemia are nonexistent causal, final adjudicative result and bilateral proof result are direct and relevant, the adjudicative result of tendency tenement one party and tendency lessor all not scarce, the element of general consideration has formaldehyde to exceed mark degree, indoor contaminant to diffuse condition, when living, grow, go to already healthy state, have expose without the other factor that cause disease etc.
According to active law, " law of liability of tort of People's Republic of China " the 65th regulation: "Damage because of polluting an environment to cause, the person that pollute ought to assume tort responsibility " , the 66th sets: "Because pollute environmental happening dispute, the does not assume responsibility to perhaps reduce liability condition that the person that pollute ought to set with respect to law and its behavior and damage between nonexistent causal assume quote responsibility " . In the meantime, " top people court about hearing case of issue of environmental tort liability applicable law the explanation of a certain number of problems " the 6th regulation: "By what the infringer stipulates according to tort liability law the request is compensated for the 65th times, ought to provide the evidential data that proves the following fact: (one) the person that pollute discharged contaminant; (2) by the infringer's harm; (3) the contaminant that the person that pollute discharges perhaps is born next contaminant and damage between have associated sex " .
So, when hiring a guest to feel unwell inside the room that rents, should how does effective thought for the time being? Zhang Zhijie's lawyer points out, the harm that brings about as a result of indoor pollution is more damage chronically, there is arming to build the sign such as peculiar smell alertly when the proposal hires a guest to be in, as soon as possible with rental just talk things over. If classics appraisal is indoor contaminant to exceed bid really, can live with be not being had the requirement asks to remove for the condition lease. If had produced the consequence that cause disease unfortunately, besides exceed bid situation in time to undertake appraisal and notarization to contaminant, should withhold a building in time to be entered, the record of hospital diagnosis and treatment, lest assume with rental incapable of the quote after just producing controversy is sequential. In addition, rent a settle or live in a strange place detecting formaldehyde when, the furniture that should acquire oneself as far as possible alertly and article rise high into the air, lest exceed the origin material respect of mark,be oppugned. The most important is, should set out to isolate as soon as possible even from oneself health angle contaminative fountainhead, avoid tragic happening.
Li Na of journalist of view of · of legal evening paper
New media edits Gao Mopeng
