Lawyer's character

Now that it was agreed to hand over the case to Meng Guangda, Zhou Ying sat aside without saying a word. She doesn't want to be involved in this case either.

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

After the villagers got the demolition news, they all went crazy to expand their houses, changing the first floor to a second floor, the second floor to a third floor, and building new houses with large yards, regardless of whether the village approved it or not.

In fact, no one is in charge. Not only Zhou Ying's village, but also the surrounding villages within the demolition area are building houses. Even the village director's house is building a two-story house. Who cares? The loudspeakers in the village are shouting loudly to prevent private buildings from being built, but in fact everyone is doing this.

People who used to go out to work are now coming back to build houses. If they don’t get any salary, how can they get the money for demolition? This busy work directly caused the labor and housing construction prices in several surrounding villages to rise sharply. This is the role of the market.

Seeing that others were building houses, Deng Qingxia and Zhou Zhixue were also anxious. The couple discussed and reached an agreement to build a house in less than ten minutes.

Zhou Zhixue has been working on projects with others over the years. Later, he bought a second-hand small crane and usually used it to lift steel bars, materials, etc. on the construction site.

Finding people to build a house was not originally a problem for Zhou Zhixue, but there were too many customers building houses during this period, and the engineering team was overwhelmed. Having no other choice, Zhou Zhixue found his friend Geng Gui from the neighboring county who he had worked with before on engineering projects.

After the two parties agreed on the price, Geng Gui began to organize people to contract Zhou Zhijia's house-building work through clearing contractors.

In order to build a house as soon as possible, Zhou Zhixue drove to the second-hand market and bought a lot of old bricks, old steel bars, and old floor slabs. He gave them to Geng Gui, who had no construction qualifications, and asked him to build a two-story house for him, and told Geng Gui what to do. Whatever you do to save money, it's not for long-term living, it's mainly for demolition to get more money, so that's about right.

In mid-August, Geng Gui brought eight workers to Zhou's house to start construction. These workers were all temporarily recruited and had no construction experience at all. They usually did some work such as building chicken coops and building pig pens. Therefore, no safety precautions were taken during the construction process.

In early September, with Geng Gui's permission, shortly after Zhou Zhixue used his own crane to move two barrels of mud to the top of the second floor corridor, the load of the floor slab's dead weight and construction operations caused the overhanging beams of the house to break, causing the construction work below One of the two people was smashed and died on the spot, one was seriously injured (he died after being sent to the hospital after rescue failed), and the other two were slightly injured.

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

After the incident, Zhou Zhixue and Geng Gui were detained by the police, and the police later transferred their cases to the procuratorate.

"Is the case 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 crime was charged by the procuratorate?" Meng Guangda then asked.

"It is said that it is a crime of negligence causing death." Deng Qingxia replied: "I asked the county lawyer before, and they said that my husband did not commit a crime. They said that my husband was not at fault. He could not have foreseen the consequences of death or injury at the time. The house The collapse should be an accident.

But I felt uneasy, so I wanted to ask Xiaoying again. After all, we all know the ins and outs of the same village, and she would not lie to me. "

"Well, I think this matter is not that simple." Meng Guangda thought for a moment and said.

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

"I don't think what happened in your family was an accident. Your husband was at fault and was negligent.

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

However, in an accident, the perpetrator should not foresee or be able to foresee the occurrence of harmful consequences. The negligent perpetrator should have foreseen and could have foreseen the occurrence of the harmful consequences, but he failed to foresee it due to his negligence. Therefore, the difference between the two lies in whether the actor should foresee and be able to foresee.

In judicial practice, judging the fault of negligence is not to judge whether the actor is negligent, but to judge whether the actor should have foreseen or been able to foresee. If he should have foreseen or could foresee but failed to foresee, it means that the actor was negligent. "Meng Guangda explained seriously.

Deng Qingxia looked at the two people across from her in confusion. What Meng Guangda said just now was like a sacred book to her, and she didn't understand it.

"Lawyer Meng, I didn't understand what you just said. I haven't graduated from elementary school and haven't gone to 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 subconscious. His previous work at the university had a great influence on him. When communicating with the client, he could easily become possessed by the teacher and say a lot of professional things that the client could not understand. theory.

Although Meng Guangda also realized this, it was difficult for him to correct it and he could only make up for it later. In Fang Yi's words, Lao Meng is very suitable for connecting with prosecutors and the legal affairs of large institutions. He talks about legal theories one by one, which is absolutely reasonable and well-founded. Legal counsel in large institutions like this kind of communication very much. It is stylish and professional. However, for ordinary parties, it is difficult to understand and communication can be very difficult.

Every lawyer has his strengths and weaknesses. This may be Meng Guangda's weakness and the reason why he has trouble developing 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 built a house for demolition and purchased old building materials. They are people who are not qualified to build houses (in fact, most of the builders of self-built houses in rural areas 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 is safe. Hidden danger, uninhabitable.

Secondly, your husband told Geng Gui to save money and use as little cement as possible to save money in building the house. At the same time, no safety precautions were taken during the construction process, so there were potential safety hazards in your house building.

Most people should be able to realize the safety issues of building a house in your home, and your husband should be able to realize it even more. Why do I say that. First, his intelligence level is not lower than that of ordinary people; second, he has worked with others on projects before, and also used his own crane to help others lift building materials. This shows that his knowledge of the safety of building houses should be Higher than ordinary people, so he should be fully aware of the danger that his actions may cause casualties to construction workers. "