Now that it has been said that the case will be handed over to Meng Guangda to deal with, Zhou Ying sat aside and didn't say a word. She didn't want to get involved in the case either.

Deng Qingxia took a sip of water and told what happened in her family.

After the villagers got the letter of demolition, they all went crazy to expand their houses, changing the first floor to the second floor, the second floor to the third floor, and building a new house directly with a large yard, 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 demolition range are building houses, and even the village director's house is building a two-story building, who cares. The loudspeakers in the village shouted loudly to prevent private construction from being built indiscriminately, but in fact everyone was doing this.

Those who used to go out to work are now coming back to build houses, and if they are not paid, how can there be money for demolition. This busy work has directly led to a sharp rise in the labor and housing prices of several surrounding villages, which is the role of the market.

Seeing that everyone else was building a house, Deng Qingxia and Zhou Zhixue were also anxious, and it didn't take ten minutes for the two to reach an agreement and build a house.

Zhou Zhixue has been following others to do projects all these years, and later he bought a second-hand small crane, and usually hoisted steel bars and materials for others on the construction site.

Finding someone to build a house was not a problem for Zhou Zhixue, but there were too many customers to build houses during this time, and the engineering team was too busy. There was no way, Zhou Zhixue found his friend Geng Gui, who had been doing engineering together before, from the next county.

After the two sides negotiated the price, Geng Gui began to organize people to contract Zhou Zhizhi's house building work in the form of a contractor.

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, and handed them to Geng Gui, who had no construction qualifications, and asked him to build a two-story house for himself, and told Geng Gui to do whatever he wanted to save money, anyway, it was not for long-term residence, mainly for demolition and relocation, and it was almost enough.

In mid-August, Geng Gui brought eight workers to Zhou's house to start construction, these people were found temporarily, there was no construction experience at all, usually do some chicken nests, build pigsty work, so in the construction process, did not take any safety precautions.

At the beginning of September, with Geng Gui's consent, when Zhou Zhixue used his own crane to transfer two buckets of mud to the top of the eaves of the second floor, under the load of the floor slab and construction operations, the beams of the house were broken, resulting in one of the two people working below was smashed and died on the spot, one was seriously injured (after being sent to the hospital to rescue and died), and the other two were smashed into slight injuries.

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 very poor, and the lifting 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 cases to the procuratorate.

"Now the case is in the prosecutor's office?" Meng Guangda asked.

"Yes, it's said to be transferred to the county court next week." Deng Qingxia looked anxious.

"What is the charge convicted by the prosecutor's office?" Meng Guangda then asked.

"It is said to be the crime of causing death by negligence." Deng Qingxia replied: "I went to ask the county lawyer before, and they said that my husband did not constitute a crime, that my husband was not negligent, and that he could not have foreseen the consequences of death and injury at that time, and that the collapse of the house should be an accident."

But I don't feel sure, so I want to ask Xiaoying again, after all, we are all the knowers of the same village, and she won't lie to me. ”

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

"What do you mean?" Deng Qingxia looked at Meng Guangda, and then turned her head to look at Zhou Ying.

"I don't think your family's incident was an accident, and your husband was negligent.

The similarity between an accident and negligent negligence is mainly manifested in the fact that the perpetrator did not in fact foresee the harmful results of his own actions, and objectively both of them occurred.

However, in an accident, the perpetrator should not have foreseen or could not foresee the occurrence of the harmful result. On the other hand, the negligent negligent actor should have foreseen and could foresee the occurrence of the harmful result, but failed to foresee it due to negligence. Therefore, the difference between the two lies in whether the actor should have foreseen and could have foreseen.

In judicial practice, judging the negligence of negligence is not to judge whether the actor was negligent, but to judge whether the actor should have foreseen and could have foreseen, and if he should have foreseen and could have foreseen but did not foresee, it would indicate that the actor was negligent. Meng Guangda explained very seriously.

Deng Qingxia looked at the two people opposite with a confused expression, what Meng Guangda said just now was like a book from heaven to her, and she didn't understand it.

"Lawyer Meng, I didn't understand what you just said, I didn't graduate from primary school, and I haven't been to school for a few days, can you make more sense of what you said." Deng Qingxia blinked and looked at Meng Guangda.

In fact, Meng Guangda just explained completely out of subconscious, the previous university work had too much influence on him, and when communicating with the parties, he was easily possessed by the teacher and said a bunch of professional theories that the parties could not understand.

Although Meng Guangda is also aware of this, it is difficult for him to correct it, so he can only make up for it later. In Fang Yi's words, Lao Meng is very suitable for docking with procurators and legal affairs of large institutions, and when it comes to legal theories, he is absolutely justified. In-house counsel of large organizations like this kind of communication very much, which is forced and professional, but for ordinary parties, it is difficult to understand and communication will be difficult.

Every lawyer has his strengths and weaknesses, which may be Meng Guangda's weaknesses and the reason why he is not good at developing clients.

"I'll explain it to you in another way, maybe you'll understand." Meng Guangda pondered for a moment and said: "First of all, in this case, your husband built a house for demolition, bought old building materials, and entrusted a person without building qualifications (in fact, most of the builders of rural self-built houses are not qualified), and your husband also mentioned that this house was built for demolition and not for self-occupation, which shows that he knows that the house has potential safety hazards and cannot be inhabited.

Secondly, your husband instructed Geng Guineng to save money on cement as much as possible to save money on building the house, and at the same time, he did not take any safety precautions during the construction process, so there are potential safety hazards in your family's construction behavior.

Most people should be aware of the safety of your family's house, and your husband should be even more aware of it. Why do I say that? First, his level of intelligence is not lower than that of ordinary people; Second, he has worked with others before, and he has also used his own crane to help others lift building materials, which shows that his understanding of the safety of building houses should be higher than that of ordinary people, so he should be fully aware of the danger that his actions may lead to casualties among construction personnel. ”

(End of chapter)