Lawyer's character

After the police arrived at Zhao's house, they investigated the scene. There was no need to check the identity of the deceased. The police all knew him. He was released from prison some time ago and was registered at the police station as a habitual theft offender, Liu Cai from the next village.

There were traces of climbing many times on the courtyard wall. Later, the meat and bones were tested to be highly toxic and had the fingerprints of the deceased on them. No one was home at the time of the incident, and it was initially determined that the deceased was bitten to death by a dog. The dog was poisoned after eating the meat and bones, and the poison may have occurred slowly. Before the dog died, Liu Cai jumped into the courtyard to steal and was bitten to death by the dog.

A few days later, the Liu family felt that although Liu Cai had misbehaved and burglarized a house, he was not guilty of a crime that would lead to death. A big living person was just lost. It was unjustifiable for the public security department not to arrest him, so they went to the public security department to demand an explanation.

The explanation given by the public security department is: If the dog owner was present when Liu Cai broke into the house and the dog owner instigated or allowed the dog to bite Liu Cai to death, the dog biting Liu Cai was the owner's defensive behavior. For the house theft, the owner could only commit the crime. General defense. When Liu Cai was bitten by a dog and lost the ability to resist, if the dog owner failed to stop him in time, resulting in Liu Cai being seriously injured or killed, the dog owner's behavior was excessive defense and he should be held criminally responsible.

However, the situation in this case is different. When Liu Cai broke into the house, the dog owner Zhao Sanhua was not at the scene. The burglary obviously exceeded Zhao Sanhua's general prediction range. Zhao Sanhua only left the dog at home to look after the house and nursed the home. He did not foresee the possibility of burglary. Therefore, Zhao Sanhua did not constitute the crime of negligent death in this case.

Although the dog owner Zhao Sanhua did not take necessary safety measures for his large dogs, such as tying up the dogs, which would be risky for ordinary people (such as people who walked into the wrong door or neighbors, etc.), but for the illegal behavior of climbing over the wall to enter the house, , was purely an accident, and the dog owner Zhao Sanhua subjectively had neither intention nor fault.

The police finally determined that this was an accident and did not impose criminal punishment on Zhao Sanhua.

Zhao Sanhua thought that his dog bit someone to death. No matter what, it was a human life and he should do something. So he asked someone to bring a message to the Liu family, saying that he was willing to pay 20,000 yuan to the Liu family. The compensation was enough to settle the matter.

But the Liu family felt that Zhao Sanhua was weak and easy to bully. He wanted 500,000 yuan. If he didn't pay, they went to court to sue him.

The middleman brought the news to Zhao Sanhua, who was angry when he heard it, and the theft was justified! Twenty thousand yuan is not enough for you. You can sue wherever you like. I won't give you a penny. Let's see what you can do.

Not long after, someone came to Zhao Sanhua's house and said that they saw Liu's family going to court to sue, and asked him to prepare early. Although Zhao Sanhua felt that he was reasonable, he also knew that reasonable things may not necessarily be legal, and legal things may not necessarily be reasonable. He felt a drum in his heart, so he thought of Fang Yi.

After Zhao Sanhua finished speaking, Fang Yi was silent. Liu Yuan put down his wine glass and asked: "Lawyer Fang, how much does it cost to accompany the Sanhua family's case?"

Liu Yuan felt that the thief was just stealing something and his crime was not punishable by death. Moreover, Zhao Sanhua kept large ferocious dogs and left them loose in the yard, biting people to death. He also made certain mistakes. So he felt that if a living person was lost, his brother-in-law would have to pay some compensation to the Liu family. In his subconscious mind, he believed that "whoever dies deserves justice."

According to the legal theories and regulations on raising animals that cause harm to people, as one of the special types of infringement, if raising animals causes harm to people, it is different from general torts, and the principle of no-fault liability is adopted. Even if the breeder is not at fault, if raising animals causes harm to people, They should also bear civil liability for compensation.

(According to Article 1245 of the Civil Code of the People's Republic of China: If the raised animals cause damage to others, the animal breeder or manager shall bear tort liability; however, if it can be proven that the damage was caused intentionally by the infringed party Or if it is caused by gross negligence, the liability may be waived or reduced.)

"I think the Sanhua brothers may not need to compensate each other for this matter." Fang Yi thought for a while and said with arms crossed.

"Oh? What do you say?" Liu Yuan and Zhao Sanhua both looked at Fang Yi.

“Sanhua’s case is different from ordinary dog ​​bite cases.

First of all, Liu Cai is a habitual theft offender. When no one was in Sanhua's house, he climbed into the courtyard and illegally broke into a private house. This is illegal in itself. His purpose is self-evident. He certainly did not want to go in and help Sanhua's house clean. health.

In addition, he is an adult with full capacity for civil conduct and must be responsible for his own actions. Even though he knew that there was a large bulldog in Sanhua's house, he still climbed over the wall and entered the house. The resulting risks should be borne entirely by him.

In addition, the Sanhua brothers were not at home. They had no subjective intention or fault for the dog biting people and should not be held responsible. So I think according to legal principles, the court may not order the Sanhua brothers to compensate each other. "Fang Yi said.

"Oh!" Liu Yuan and Zhao Sanhua looked at each other, and just as the joy in their eyes appeared, Fang Yi poured cold water on him again.

"However, judging from the current jurisprudence, many courts hold the opposite view to what I just said. They generally believe that as long as a dog bites and kills a person at home, the owner of the dog must bear some responsibility.

As long as the dog owner has some fault, regardless of whether the fault has a direct causal relationship with the cause of death of the bitten person, the dog owner will be held to bear certain liability. The purpose of the court's sentence was more to appease the family of the deceased. "Fang Yi said.

"Damn, there is still such a thing. Isn't this just smearing mud!" Liu Yuan looked at Fang Yi with a puzzled look on his face.

"Mr. Liu, you have very full ideals. As a legal person, I had a lot of dreams when I was in school. But when I actually engaged in legal work and read thousands of criminal judgments, I suddenly felt helpless and helpless in reality." Fang Yi smiled helplessly.

"Lawyer Fang, I think the court will notify me of a hearing after the Chinese New Year. If that doesn't work, you should represent me. I always feel unsure!

You just made it clear that it would be best if you win this case. If the court really awards me compensation to settle the matter, I will accept it. " Zhao Sanhua said.

"Well, it's best if you think so. We have to work hard for the best in everything and prepare for the worst. When the court notifies you of the hearing after the New Year, you can tell me." Fang Yi said.

"The legal fees for this case..." Zhao Sanhua asked hesitantly.

"Lawyer Fang, we all know what happened some time ago. You can charge as much as you should for legal fees." Liu Yuandao.

Not long ago, Fang Yi was punished by the Lawyers Association, which caused a stir in the city. Liu Yuan naturally knew about it, so he didn't want to embarrass Fang Yi.

Zhao Sanhua also echoed: "Yes, Lawyer Fang, you have strong professional ability, I can trust you." He said this, but in his heart he kept chanting, don't ask for too much.

Save some manuscripts, two chapters today, more on Monday!