Lawyer

Chapter 803

Now that it was agreed, the case was handed over to Meng Guangda, while Zhou Ying sat aside without saying a word.Nor did she want to be involved in the case.

Deng Qingxia took a sip of water and told what happened at her house.

After the villagers got the news of demolition, they frantically expanded their houses, changing the first floor to the second floor, and the second floor from the second floor to the third floor, and directly built new houses with large yards, regardless of whether the village approved it or not.

In fact, no one cares, not only Zhou Ying's village, but also the surrounding villages within the scope of demolition are building houses, even the village director's house is building a second-story building, who cares.The loudspeakers in the village shout loudly that private construction is not allowed, but in fact everyone is doing it.

Those who used to go out to work are now running back to build houses. If there is no salary, there is no money for demolition.This busy work directly caused the labor and housing prices in several surrounding villages to rise in a straight line. This is the function of the market.

Seeing that others were building houses, Deng Qingxia and Zhou Zhixue were also impatient. The couple reached an agreement within 10 minutes to build the house.

Zhou Zhixue has been doing projects with other people for these years. Later, he bought a second-hand small crane and used to lift steel bars and materials for others on the construction site.

Finding someone to build a house was not a problem for Zhou Zhixue at first, but during this time there were too many customers building houses, and the engineering team was too busy.There was no way, Zhou Zhixue found Geng Gui, a friend who had been working on the project with him from the next county.

After the two parties negotiated the price, Geng Gui began to organize people to contract Zhou Zhijiao's house building work in the form of clearing contractors.

In order to build the house as soon as possible, Zhou Zhixue drove to the second-hand market to buy a lot of old bricks, old steel bars, and old floor slabs. You can do whatever you want to save money. Anyway, it is not for long-term living, but mainly for more money for demolition, which is almost enough.

In mid-August, Geng Gui brought eight workers to Zhou’s house to start construction. These people were hired temporarily and had no construction experience at all. Therefore, no safety precautions were taken during the construction process.

At the beginning of September, with Geng Gui’s consent, shortly after Zhou Zhixue used his own crane to transfer two buckets of mud to the top of the verandah on the second floor, under the load of the floor’s own weight and construction operations, the beams of the house broke and caused the construction below One of the two people was smashed and died on the spot, one was seriously injured (he died after being rushed to the hospital), and the other two were slightly injured.

After the incident, the relevant departments identified that the construction standard of the house was very low, the mud strength was zero, the structural connection and integrity of the main load-bearing components were poor, and the cantilever beams did not meet the relevant requirements of the current building structure design code.

After the incident, Zhou Zhixue and Geng Gui were controlled by the police, and then the police transferred their case to the procuratorate.

"The case is now in the procuratorate?" Meng Guangda asked.

"Yes, it is said that it will be transferred to the county court next week." Deng Qingxia looked anxious.

"What charges did the procuratorate charge?" Meng Guangda continued to ask.

"It's the crime of negligence causing death." Deng Qingxia replied: "I asked the lawyer in the county before, and they said that my husband did not constitute a crime, that my husband was not at fault, and that he could not have foreseen the consequences of death or injury. It should have been an accident.

But I feel uneasy, so I want to ask Xiaoying again. After all, we are all in the same village, and she will not lie to me. "

"Well, I don't think it's that simple." Meng Guangda thought for a while and said.

"Then what do you mean?" Deng Qingxia looked at Meng Guangda, then turned to look at Zhou Ying.

"I don't think what happened to your family was an accident. Your husband was at fault, which was negligent.

There are similarities between accidents and negligent negligence, which is mainly manifested in the fact that the perpetrators did not foresee the harmful results of their actions, and objectively, the harmful results occurred in both.

However, in an accident, the perpetrator should not have foreseen and cannot foresee the occurrence of harmful results.The perpetrator of negligent negligence should have foreseen and could have foreseen the occurrence of harmful results, but he did not foresee due to negligence.Therefore, the difference between the two lies in whether the perpetrator should and can foresee.

In judicial practice, judging the negligence of negligence is not to judge whether the actor is negligent or not, but to judge whether the actor should have foreseen or could have foreseen it. "Meng Guangda explained very seriously.

Deng Qingxia looked at the two people opposite with a dazed expression. What Meng Guangda said just now was like a bible to her, and she didn't understand it.

"Lawyer Meng, I don't understand what you said just now. I haven't graduated from elementary school, and I haven't attended school for a few days. Can you explain it more clearly?" Deng Qingxia blinked and looked at Meng Guangda.

In fact, Meng Guangda's explanation just now was completely out of subconsciousness. His previous work at the university had too much influence on him. When communicating with the client, he easily possessed the teacher and said a lot of professional things that the client could not understand. theory.

Although Meng Guangda is also aware of this, it is difficult for him to correct it, and he can only make up for it later.In Fang Yi's words, Lao Meng is very suitable for docking with prosecutors and legal affairs of large organizations. He talks about legal theories one after another, which is absolutely reasonable and well-founded.The legal affairs of large organizations like this communication method very much, it is forceful and professional, but for ordinary parties, it is difficult to understand and communication will be very strenuous.

Every lawyer has his strengths as well as his weaknesses. This may be Meng Guangda's weakness, and it is also the reason why he is not good at finding clients.

"Let me explain it to you in another way, maybe you will understand." Meng Guangda pondered for a moment and said: "First of all, in this case, your husband bought old building materials to build a house for the purpose of demolition. He is not qualified to build a house (in fact, most rural self-built houses are not qualified), and your husband also mentioned that the house was built for demolition and not for self-occupation, which shows that he knows that the house is safe Hidden danger, can not live.

Secondly, your husband asked Geng Gui to save as much as possible and use less cement as much as possible to save house construction funds. At the same time, he did not take any safety precautions during the construction process, so your house construction behavior has potential safety hazards.

Most people should be able to recognize the safety issues of building a house in your home, and your husband should be able to recognize it even more.Why do I say that.First, his intelligence level is not lower than that of ordinary people; second, he has done projects with others before, and also used his own crane to help others lift building materials. It can be seen that his cognition of building safety should be He is higher than ordinary people, so he should be fully aware of the danger that his actions may cause casualties to construction personnel. "

(End of this chapter)