"On the few days of the New Year's Day holiday, have you ever been to Zhao Sanhua's house?" Zhang asked with a big head.

"My daughter-in-law went there once on the morning of the New Year's Day holiday, and she wanted to ask Zhao Sanhua and his family to come to my house to play cards." Lee Baoku Road.

"Oh? Did they go? I mean, did Zhao Sanhua and his family go to your house? Zhang asked with his head wide and his eyes shining, stretching his neck.

"Didn't go." Lee Baoku Road.

"Didn't go? Why didn't you go? Zhang had a big head and his eyes were full of disappointment.

The two of them were packing their things, saying that they were going back to their parents' house for a few days. I left at about 10 o'clock in the morning, so I should have rushed over for lunch. Li Baoku said.

"Have you seen Zhao Sanhua in the next two days?" Zhang said with a big head.

"I haven't seen it, the door of his house has been locked, and the garage has been locked. He had met his father twice, when he went to his house with a bucket to feed the dogs, once in the morning and once in the evening. Li Baoku said.

"In the early morning of January 3rd, did you hear anything?" Zhang asked with a big head.

"I didn't hear it, we played mahjong at home on the second night, and we didn't go to bed until almost twelve o'clock, it was cold, and we slept too hard, and we didn't hear anything." Li Baoku thought for a while.

"Zhao Sanhua, what's your name?" Zhang asked suddenly.

"Call the second uncle." Li Baoku said casually.

When Fang Yi heard this, he frowned.

Zhang's eyes lit up, his heart was happy, and he asked, "Are you related?" ”

"No, my surname is Li, his surname is Zhao, and I can't beat the eight poles. It's called casually in the village, I am the second oldest in the family, and all men of Zhao Sanhua's age in our village call me the second uncle. Li Baoku explained.

"I'm done." Zhang Datou was angry, originally thought that he and Zhao Sanhua were close relatives, and the authenticity of the evidence could be denied because of the close kinship, but the result was a monkey fishing for the moon, an empty joy.

"The defendant examines witnesses." The female judge said.

"Witness Li Baoku, there has been no one in Zhao Sanhua's house, how do you know?" Fang Yi asked.

"When I come out and go in, I always pass by his door, the door is locked, and there is definitely no one at home." Lee Baoku Road.

"What did you see on the morning of January 3rd?" Fang Yi asked.

Li Baoku scratched his head and thought for a while: "I was watching TV at home that morning, when I heard the roaring of the police car, which was getting closer and closer. When I went out, the police car went to Zhao Sanhua's house. Then I saw a person being lifted into an ambulance and taken away. By the way, later Zhao Sanhua came back, and his big dog was also taken away. ”

"Was the dog alive when it was pulled away?" Fang Yi asked.

"No, the big dog is straight, he must have been dead for a while." Lee Baoku Road.

"I'm done." Fang Yi said.

"Witness Li Baoku, don't go out of the courtroom, just sit down and listen, don't move, don't make phone calls, and sign the trial transcript after the trial. Now the plaintiff cross-examines. The female judge said.

"The plaintiff did not recognize the first evidence, which was issued by the defendant's daughter-in-law's mother's village, and had a strong relationship, and the authenticity was not recognized.

The second piece of evidence, recorded in surveillance video, was not accepted by the plaintiff. The video recording only recorded the situation at the front door of the hotel, and it would not have been possible for the defendant to enter and exit through the back door, so the authenticity is not recognized.

The third piece of evidence, witness testimony, was not accepted by the plaintiff, and the witness and the defendant were neighbors and had a very close relationship, so his testimony was not true. The cross-examination is complete. Zhang said with his head open.

"Upon the defendant's application, this court went to the public security department to obtain the scene investigation records and the police's final conclusion. This is the material obtained, and you both will look at it for cross-examination.

According to the materials obtained, the deceased Liu Cai bought a piece of pork bone with meat at a pork stall in the village on the afternoon of the second day, and then used the meat bone with poison to attract the attention of Zhao Sanhua's big dog, intending to poison the dog, and then climbed over the wall and was admitted to the hospital to engage in theft.

Later, after he climbed over the wall and was admitted to the hospital, the poisoned dog stood up and pounced on him, and finally bit off Liu Cai's neck blood vessels and trachea, resulting in Liu Cai's death. The police believe that this was an accident and that Zhao Sanhua does not bear criminal responsibility. The judge said.

The plaintiff argued that Zhao Sanhua should be liable for compensation regardless of his negligence, because the dog was raised by him and the person died in his home. And even if Liu Cai entered Zhao Sanhua's house with the intention of engaging in illegal acts, he would not be guilty of death. Even if Zhao Sanhua does not have to bear criminal liability, civil liability still needs to be borne. ”

Zhang bit Liu Cai to death with his big head and was bitten to death by Zhao Sanhua's big dog, and wanted to lead the judge's nose and let the judge sentence Zhao Sanhua to pay money according to his ideas.

"The defendant believes that Liu Cai knew that Zhao Sanhua's family had a big dog, but still teased the big dog with poisonous meat and bones, and wanted to poison the big dog and then commit theft, and he knew that there was a huge risk and might be bitten or killed by the dog, but he still climbed over the wall and was admitted to the hospital, and was finally bitten to death by the dog.

Liu Cai voluntarily took the risk to commit theft, and the consequences should be borne by him, and it has nothing to do with Zhao Sanhua. Fang Yi said.

……

"Now the parties make their final arguments, and the plaintiffs make their final arguments." The female judge said with a tired face.

Zhang Datou still clings to the principle of "whoever dies is justified", stating his previous views.

"The defendant makes a final statement." After the female judge finished speaking, she began to clean up the case file on the table.

Fang Yi pondered the following statement and said: "...... The defendant argued that the deceased Liu Cai should bear full responsibility and that the defendant Zhao Sanhua did not need to pay compensation to the plaintiff for the following reasons:

1. Liu Cai took advantage of the absence of the defendant's family to climb over the wall and enter the hospital in the early morning, and his conduct was theft, and it was burglary;

2. Liu Cai wanted to poison the defendant's dog with meat and bones, although he may not have been poisoned immediately because of the dosage or properties of the poison, but his actions were premeditated and targeted at the dog's provocation and injury; According to common sense, Liu Cai should have stepped on the point before climbing over the wall and entering the house, confirming that Zhao Sanhua was indeed not at home and the existence of large dogs in the courtyard.

3. Liu Cai clearly knew that the defendant had a large fierce dog in the yard and climbed over the wall to burglary it, which was a sign of overconfidence, and he believed too much that the poisonous meat and bones could immediately poison the dog, and he voluntarily assumed all the risks brought about thereby.

Fourth, the people in the village generally have the habit of raising dogs to protect the yard, many of them raise large fierce dogs such as wolf green, when there is no one at home, the dogs will be scattered in the yard, playing the role of guarding the yard and warning. Therefore, the defendant's behavior of raising wolf dogs at home was in line with the customs of the village.

Under normal circumstances, the defendant's act of scattering the dog in the courtyard would not have caused injuries to anyone, let alone bitten people, so the defendant was not at fault for Liu Cai's death, and there was no causal relationship between his behavior and Liu Cai's death.

To sum up, combined with the actual circumstances of this case, in the case that the defendant is not at fault, he still needs to bear the responsibility of the dog biting the person, which will undoubtedly increase the responsibility of the keeper and is also an indulgence of illegal and criminal acts. The court is requested to reject the plaintiff's claim in accordance with law.

The defendant is willing to ask the court to let the offender bear his due responsibility on the premise of ascertaining the facts of the case, so that the innocent person can live in peace and put an end to the absurd idea that 'whoever dies is justified'.

That's it! ”

(End of chapter)