On September 3, a reporter from the China Business Daily confirmed from the relatives of the deceased Zheng Jianfei that at 3:20 p.m. on the same day, the third court of the Gulou District Court of Fuzhou City held a trial of the civil compensation case for the murder and cremation of the fuzhou man, but did not pronounce the verdict in court.
<h1 class="pgc-h-arrow-right" data-track="78" >>>> case has not been detected for 12 years</h1>
<h1 class="pgc-h-arrow-right" data-track="79" > apprentices in car beauty shops were mutilated and cremated</h1>
12 years ago, 18-year-old man Zheng Jianfei, employed as an apprentice in the car beauty shop of the defendant Zheng and his wife, was unfortunately killed and burned by the murderer due to the chaotic management of the car beauty shop, and the case has not been solved so far.
On April 6, 2010, the Fuzhou Intermediate Court of the Court of First Instance ruled that Mao's death was suspended; the Fujian Provincial High Court found that the facts of the case were unclear and the evidence was insufficient, and sent the case back for retrial, and the Fuzhou Municipal Procuratorate withdrew the prosecution. On April 28, 2012, Mao was not prosecuted.
On December 13, 2019, Mao provided a handwritten material to a reporter from Huashang Daily to prove his innocence, "I did not kill Zheng Jianfei, I often dream of Zheng Jianfei, I hope that the Fujian police can find the real murderer and completely return my innocence." ”
"The real perpetrator of my son's murder is still not found, but it does not prevent our relatives from filing a civil lawsuit with a third party." On September 3, 2021, the victim's mother, He Dingrong, told the China Business Daily reporter: "The reason why they chose to file a separate civil lawsuit against Zheng Mou, the owner of the car beauty shop whose son was killed, is that the employer has a major fault and should bear civil liability." ”
He Dingrong introduced that since August 20, 2008, his son Zheng Jianfei has been hired to work as an apprentice in the car beauty shop of Zheng and his wife, working during the day and living in the attic at night, taking care of the shop by the way.
In the early morning of March 29, 2009, his son was stabbed in the back with a single-edged sharp object, resulting in the death of respiratory and circulatory failure caused by bilateral hemopsyothorax, and then he was cremated.
At 3:20 p.m. on September 3, the case was heard in the Third Court of the Gulou District Court in Fuzhou City
<h1 class="pgc-h-arrow-right" data-track="126" >>>> employer couple's residence</h1>
<h1 class="pgc-h-arrow-right" data-track="127" > whether the sound of fighting was heard and blood was smelled</h1>
According to the relevant investigations and witness testimony of the public security organs, the two defendants did not lock the security door of the attic kitchen for a long time and stored gasoline and other flammable materials in the warehouse, and the infringer killed Zheng Jianfei and burned the body through the kitchen security door to the attic.
In addition, at the time of the crime, the defendant's employer and his wife lived in a car beauty shop, the residence and the attic were separated by simple and flammable partitions, the suspect had a fight with Zheng Jianfei when committing the crime, Zheng Jianfei had a huge blood loss in large quantities, the murderer cleaned up the scene and flushed the water and mopped the floor, etc. According to the general common sense of the public, the two defendants could fully hear and know what happened in the attic, but they did not fulfill any rescue obligations or implement safety and security measures (such as timely alarm, etc.), but instead destroyed the scene and concealed the facts after the police arrived. As a result, law enforcement officers were unable to collect evidence, so that the case has not been solved so far.
<h1 class="pgc-h-arrow-right" data-track="128" >>>> civil claims of 800,000</h1>
<h1 class="pgc-h-arrow-right" data-track="129" > involving death compensation and spiritual consolation payments</h1>
In terms of civil claims, He Dingrong demanded that Mr. and Mrs. Zheng compensate for various losses of 800,000 yuan, specifically involving 426,400 yuan for their son's death compensation, 44,476 yuan for funeral expenses, 3,600 yuan for transportation, 21,270 yuan for lost work, 4,254 yuan for accommodation, and 300,000 yuan for spiritual consolation.
On the afternoon of September 3, Zhou Zhaocheng, a lawyer entrusted by He Dingrong, confirmed to the China Business Daily reporter that "our litigation request to the court is to ask the two defendants, Zheng Mou, the owner of the car beauty shop, to compensate the plaintiff for a total of 800,000 yuan, including Compensation for the Death of Zheng Jianfei, funeral expenses, and spiritual consolation." ”
Mr. and Mrs. Zheng run a car beauty shop in Gulou District, Fuzhou City, and the victim, Zheng Jianfei, is an apprentice in the shop
<h1 class="pgc-h-arrow-right" data-track="130" >>>> whether there is any major fault</h1>
<h1 class="pgc-h-arrow-right" data-track="131" > security door is unlocked for a long time and stores gasoline</h1>
Zhou Zhaocheng said that the car beauty shop Zheng and his wife had major faults in the murder of Zheng Jianfei and the plaintiff's right to tell.
"The two defendants were obliged to ensure that the attic accommodation they provided to Zheng Jianfei met the general safety standards, but the security door was unlocked for a long time and flammable materials such as gasoline were stored in the warehouse, and the two defendants obviously failed to fulfill this obligation and provided the necessary conditions for the infringer to inflict the infringement."
Zhou Zhaocheng said: "Zheng Jianfei is an employee of the two defendants, and Zheng Jianfei was injured in a confined space controlled by the two defendants, the two defendants have safety guarantee and rescue obligations to Zheng Jianfei, and the two defendants knew that Zheng Jianfei was infringed and did not act, resulting in Zheng Jianfei's death." ”
The two defendants deliberately concealed the facts from the police and destroyed the scene, resulting in law enforcement officers missing the best time to collect evidence and unable to collect evidence, the case has not been solved so far, and the plaintiff cannot find a clear infringer to sue.
<h1 class="pgc-h-arrow-right" data-track="132" >>>> late life is not guaranteed</h1>
<h1 class="pgc-h-arrow-right" data-track="133" > mother has no right to sue for the loss of her beloved son</h1>
Zhou Zhaocheng said: "The actions of the two defendants directly caused the plaintiff to lose his only beloved son, become an elderly man who lost his independence, and had no right to sue, and lost the security of his later life, causing major damage to the plaintiff's material and spiritual. ”
According to article 1165 of the Civil Code, if the perpetrator infringes on the civil rights and interests of others due to fault and causes damage, he shall bear tort liability.
At the same time, according to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the employer shall bear the liability for compensation if an employee suffers personal injury in the course of engaging in employment activities. Where a third party outside the employment relationship causes personal injury to an employee, the right holder may request the third party to bear the liability for compensation, and may also request the employer to bear the liability for compensation. After the employer assumes the liability for compensation, it can recover from a third party.
Zhou Zhaocheng pointed out that zheng Jianfei, the son of the plaintiff, visited the defendant's shop 12 years ago and was providing labor services for the defendant. "The plaintiff filed a lawsuit, which is reasonable and legal! We hope that the court will rule in favor of all of the plaintiffs' claims and hold the defendants liable for compensation. ”
Mother He Dingrong entrusted lawyer Zhou Zhaocheng to represent the case
<h1 class="pgc-h-arrow-right" data-track="134" >>>> criminal case agreed to re-evaluate</h1>
<h1 class="pgc-h-arrow-right" data-track="135" > "The police have not given up the investigation of the case."</h1>
For the criminal case, Zhou Zhaocheng revealed, "I can also prove that the Fuzhou police have not given up the investigation of the case, after we submitted the above application, the Fuzhou police also attached great importance to it, communicated with me at the first time, and clearly stated that they can agree to re-identification, and are currently going through the relevant procedures." ”
Zhou Zhaocheng said: "We still hope that the Fuzhou police can solve the case as soon as possible, arrest the real murderer, and let the deceased rest in peace!" ”
On the afternoon of September 3, a reporter from Huashang Daily contacted The owner of a car beauty shop, Mr. and Mrs. Zheng, several times, and the other party answered the phone on the grounds that he had made a wrong call and was unwilling to face the media interview.
At 6 p.m. on the 3rd, the court announced an adjournment and the verdict would be pronounced at a later date.
Huashang Daily reporter Li Hua Editor Zhang Hong
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