Tianjin Political responsibility is not equal to civil liability fire – fire res
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Thrust case Public security fire authorities responsibility for making certified in fire accident in the course of legal proceedings as evidence emerged, through court cross-examination of its effect only after the judge accepted, can become the basis for civil liability identified. Therefore, the responsibility of fire accidents in the responsibilities identified and certified in court decisions in civil commitment of the existence of differences, the former of Responsibility does not mean that a court decision in the allocation of responsibility.
Brief case 2002 3 months, Bo Wang and Guo to his father did not go through any legal procedures column in Anyang City, Henan Province, east village to start a grocery store Alex Kiu Tsuen, operates mainly for grocery and gas stoves and LPG business, the business The liquefied gas not take appropriate safety measures. Department of Anyang City, the source of liquefied gas company Southern film salesman Zhen Yuan Rui provided, the operation point to enjoy Zhenyuan gas price. Department stores hire Guo Tianfu Wang Hongbo of the house, and separated by a wall of the store is run by Zhou Xia Guo Tianfu lover Xinmiao children art school. September 3, 2003 about the afternoon, Morality of violation, using the back of a heavy air unit will be empty bottle with a link to pour gas, leave the store after, leaving no gas installations will be removed back in the day around 6:40 p.m. The store, 15-year-old employment Song Chuan use liquefied petroleum gas cooking, open fires due to leakage of LPG while experiencing an explosion caused by fire. Alarm Anyang City Public Security Bureau after the fire brigade rushed to the scene at 19:55 the fire was all the fight. Children art school students next door to 5-year-old Li Kaiyan by fire burns. After identification, Li Kaiyan burns face, abdomen and legs, right foot first 2,4 toe deformity, loss of function, limited function of the left toe. Li Kaiyan constitute eight feet injury disability.
Anyang Municipal Public Security Bureau Fire Brigade according to the site survey and investigation and inquiry, has determined that the fires are due to the store to pour gas operations, use of open flame cooking, leakage of liquefied petroleum gas deflagration case of fire caused the fire generated. Responsibility for the book issued by the fire found: According to "The People's Republic of China Fire Services Act," the 39th article, Kuo to column, Wang Hongbo, as liquefied petroleum gas outlets illegal operators, the illegal business is cause of the direct cause of the explosion, these fires directly responsible for the accident. Song Chuan working for the store personnel, with fire and explosion danger and illegal use of open fires for cooking, resulting in leakage of liquefied petroleum gas deflagration event of fire generated fire, these fires directly responsible for the accident. Rui as a gas company clerk, a law and no violation to the security conditions of the LPG supply LPG outlets, this negative indirect liability from fire accidents. Guo Tianfu the store owner, ignoring the lives and property of others, for personal gain, even separated by a wall to the west side of housing and kindergarten Lease Morality of liquefied gas to operate, this negative indirect fire from the responsibility.
After the accident, the father of Li Li Kaiyan Chapter of water to find gas stations to discuss compensation for the owner of Bo Wang, Hong-Bo Wang said he is the victim, unable to compensate, and told Lee Chapter of water caused by the explosion is due to product failure caused by gas companies , let them sue gas company. The gas company said its products do not have any quality problems. Unsuccessful in the discussion to nearly a year later, Li Kaiyan will PETROLEUM, Guo Tianfu, Zhou Xia, Rui, Zhen Yuan gas company sued in Anyang City, Long An District People's Court.
In court, several party divided and in liquid gas station owner Wang Hongbo argued: Song Chuan, Rui Guo Tianfu and should bear the primary responsibility for the following reasons: First, Anyang City Fire Department found Guo Tianfu , Rui Ma and Song Chuan responsibility of fire accidents. Therefore, three aspects of response to Li Kaiyan undertake the civil liability. Second, Rui knows the station without any documents, and long-term illegal supply. Third, enter into a rental agreement with Guo Tianfu made it clear that LPG outlets are open, unpaid rent when the cylinder has been pulled outlets.
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