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Chapter 618: The Case (10/10)

In the office, the sentence "Zhangben" does not belong to a production safety accident, which made Du Wen notice the turning point of the incident.

"Can you be sure?"

Du Wen was still very cautious in this matter, and he couldn't help but be careless.

So Du Wen looked at Zhang Ben and spoke again to confirm.

"The official can confirm."

The answers in the chapter are as cautious, but the tone is quite firm: "The legal provisions are one word, and one meaning is one meaning. There is no elastic space or bargaining place.

For example, if corruption is a large amount of 50,000 yuan, it should be sentenced to ten years in prison. If corruption is 49,999 yuan, it is only a small amount, and the maximum amount is only seven years. This is the clear statutory sentence. The two behaviors are only one cent away but three years in prison. There is no bargaining area.

When the Xiaguan was working at Dali Temple before, His Majesty and Gaosi Gong had repeatedly instructed the spirit of the rule of law to clarify the ownership of the law. Who should be responsible and how much responsibility should be borne must not be given any discount. Those who should be sentenced to death shall not be sentenced to life for their merits, and those who should not be held accountable shall not be sentenced to even one day for their anger and resentment.

This time, the fire broke out in the Sitong Warehouse, and the wind-assisted fire broke into the factory and dormitory, causing serious casualties and injuries. Although we were heartbroken, this was not a safety accident during the production process. It was like a strong wind sweeping across the south of the Yangtze River. As a result, we turned to Shandong, and this was an unstoppable disaster.

If a worker works and rests in a factory, and dies and injuries occur due to accidents in this factory, it is naturally a safety accident that occurs at a production position. The responsibility belongs to the factory, the main unit of production. But if this worker gets off work and goes home, he will be killed by a drunk riding horse on the road?

The responsibility for the death of this worker is naturally the drunk rider, and the person who bears the responsibility for the pension is not the factory.

The Sitong Warehouse caught fire and the fire spread to the Sitong Garment Factory. The employees of the Sitong Garment Factory suffered an unintentional disaster. It was just because the Sitong Warehouse and the Sitong Garment Factory were all under the Sitong Trading Company that we found Xitong to be responsible for. If this warehouse is not called Sitong Warehouse, but Santong, what about Wutong?"

Du Wen and Zhou Jin looked at each other with a wry smile on their faces when they explained Zhang Ben.

They are not professional judicial officials, and they still cannot understand.

I had no choice but to give an example: "If the warehouse is called Santong Warehouse and the person in charge is me, then do I need to be responsible for the workers who died in the Sitong Garment Factory in an accident?

Of course, I need to, but I am responsible, and I am only responsible for the accident, not the relevant regulations on production safety accidents.

Because the worker who died or injured was not my worker, he was not killed or injured in my factory due to an accident in my factory, I only bear the responsibility for accidents, not the responsibility for accidents caused by production.

This type of responsibility is called accidental responsibility, which is essentially the same as the death of a natural disaster. Then the applicable compensation is not a compensation clause for safety accidents, but an accidental disaster relief clause should be applied.”

At this moment, Du Wen and Zhou Jin both widened their eyes.

One compensation clause and one relief clause are completely different!

Just talking about earthquakes, there is no reason to ask the court to give pensions to the families of the victims.

The people would not think about asking the court for it, because it was a natural disaster that caused their relatives to die, so they had to find God.

"Can this be done?"

Du Wen muttered more and more as he heard it, he looked at Zhang Ben: "Zhang Sizheng, this is a big case of hundreds of casualties. If you ignore the judicial interpretation, it will make people angry and resentful, and something big happens."

Zhang Benzheng's key point: "The officials can guarantee that human life is related to the world and the officials dare not speak out. There are two types of accidental responsibility, natural disaster accidents and man-made accidents. The fire in the Sitong warehouse affects the garment factory, which is a man-made accident, because the fire did not fall from the sky, but was burned in the Sitong warehouse. The Sitong warehouse, as the main unit of this accident, bears the responsibility for this accident.

In terms of subjective conditions, Sitong Warehouse itself naturally does not want to catch a fire, nor does it expect that it will catch a fire inexplicably. The occurrence of objective facts is completely beyond the controllable range of Sitong Warehouse.

This is different from the fact that we stand in the office and throw things down from the height of the sixth floor to hurt people.

The person who threw objects from a high altitude naturally suffered an accident, but the root of this accident went back to us because of our subjective behavior that the victim was infringed. Subjectively, although we do not want this accident to happen, we actively ignore the objective harm caused by the throwing of objects, so it is not an accident case, but an artificial active infringement case.

Therefore, in this fire case, only the accidental responsibility of Sitong Warehouse should be pursued, and the accidental disaster relief clause can be applied to the punishment of Sitong Warehouse.

According to the terms of accidental disaster relief, man-made accidents should be paid for funerals and pensions for those who died due to the accident, and bear the treatment costs and loss of work for those injured in the accident.

The pension in the accidental disaster relief clause is a fixed amount of 500,000.

For the injured, they only bear the treatment costs and the loss of work during the treatment period, and the settlement fee is not required."

The pension is 500,000 yuan, and the settlement costs of the injured are not responsible.

This book is compiled and produced by the official account. Follow VX [Book Friends Base Camp] to read books and receive cash red envelopes!

If this accidental disaster relief clause applies, how much less will it cost on Thursday?

To compare, one is called the compensation clause and the other is called the rescue clause, which gives people a completely different feeling.

Compensation is based on the position of the person who made the mistake, and is naturally inferior to others.

When I open my mouth, I have no confidence at all.

"I was wrong, I admit it, you can see how much compensation is appropriate."

The other is rescue, which is completely condescending.

"I deeply regret the accident that your family suffered. Out of humanitarianism, I will give you a pension. You can live a good life by the way."

After saying this, Zhang Ben took a sip of water and moistened his throat: "The current situation is that the people are blocking the door of our Shandong Provincial Administration Commission and asking for money. The compensation they requested is obviously not a compensation stipulated by law. This is an illegal claim. We should make it public and clearly require the people to leave. At the same time, we will recover the one million yuan of one-time compensation that has been paid.

For funerals and pensions that are paid, the difference will not be recovered as the dead are the most important. Just say that Thursday is out of kindness and righteousness, and you will give extra extra money.”

A few words, the world is overturned!

Du Wen was still hesitating, but Zhou Jin was already speaking excitedly.

"Fan Tai, what Zhang Sizheng said makes sense. An accident is an accident. Of course, we cannot let the people speak out according to the accident. Although the money is spent on Thursday, we are so tolerant and indulgent that we can make the businessmen suffer losses to fill the people's greed. This will affect the development of our investment promotion in Shandong."

This sentence dispelled Du Wen's concerns and nodded.

"So, that's it. We will do our business in this case. The Tongju Department will hold the trial as soon as possible, and the papers will be concluded and stamped. I will take the results and go to Beijing together."

Zhang Ben stood up and agreed.

(These ten chapters are updated by the leader, and there are also the guaranteed guarantees from yesterday and today. There are four chapters in total. We will make up for them today and tomorrow. Finally, thank you again for the leader of Xiangba Qilin, which is really a waste of money.

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