What should I do if I have a grievance? The court embarrasses the people, who will fill this hole? Can the "Ouyang case" become the first judicial adjudication of fire cases in China?
A man named Ouyang finally contacted me.
OnePlus WeChat: His first words were "I died unjustly!" ”
It was 10:30 p.m.
Needless to say, this is another fire victim who feels wronged.
After the fire, a lot burned, the loss is very large, when the cause and responsibility fall on someone, which means that he has to pay a lot of money to compensate others, and if he doesn't get it right, he will go to jail.
Therefore, when he believes that he is wrong, this kind of person will cry out wrong, when he believes that he is right, but he does not understand, he may also cry out wrong, and when he knows that he is right, he may also cry wrong.
It is not surprising that it is not surprising that we have seen too much of the benefits and avoided the disadvantages.
"Tell me about your situation!"
He quickly replied with a "thank you" and sent some information.
When I look at it, the general picture is like this.
After more than two months of investigation, the fire brigade determined on October 29, 2021 that the liquefied petroleum gas tank in the kitchen of Ouyang Men City leaked and was caused by a deflagration caused by an electric spark.
Ouyang was not satisfied and filed a review, and after review, the detachment decided: because the direct property loss of the fire was not approved, resulting in unclear subject of investigation, it decided to revoke the determination of the brigade, and after the direct property loss was approved, the fire accident determination was re-made. The date is January 25, 2022.
On March 29, 2022, the brigade made a new determination, the specific amount of property damage was still not specified in the determination, and the cause of the fire was still the original cause: gas leakage from the liquefied petroleum gas tank in the kitchen of Ouyang Gate, caused by deflagration in the case of electric sparks.
Ouyang was not satisfied and reviewed again, but this time the review opinion given by the detachment was: to maintain it. The date is May 16, 2022. At this time, nearly nine months had passed since the fire.
Then it's your turn to go to court. The first instance and the second instance both believed that Ouyang was mainly responsible and bear 60% of the damages, how much was it, probably several million.
Ouyang was not satisfied and filed a retrial with the Provincial High Court, which ruled to reject the application for retrial on May 22, 2023.
Ouyang still felt wronged, but now he basically had no way.
When all the roads were walked and could not be walked, he found that he was actually the trapped beast in the cage.
No way, he found me.
"I want to protest, this is my protest, I need more evidence now, these evidence we laymen do not understand, so I need your help."
"You don't have a say without digging deeper," I said.
"So can you please help me?" I give money, I go to borrow, the site is still there. ”
"No, my identity is within the system, and only administrative initiation can intervene."
Speaking of this, he was very disappointed, he asked me to recommend a righteous and reliable person, but I knew that even if I recommended him, even if he was really wronged, this matter would be very, very difficult, not ordinary.
You think, the first, second, and retrial have all ended, you want to go.
After 0 o'clock, a little tired, I said rest, lay down for half a day, can't sleep.
I was thinking that for the public power of the state, whether it is fire protection, public security, procuratorate or court, they are responsible for social management, they have seen and experienced a lot, and they have everything, so many tragedies have become commonplace in their eyes. That's right, you can't blame them, all day long, everyone has a time to get used to.
But for the person concerned, he may not spread a thing in his life or even several lifetimes, but a matter on the stall may be a lifetime or several lifetimes for him.
The same thing is only an individual case for the public authority who deals with it all day, but it is most likely his whole for the person who bears the result.
The husband and wife are disabled, they burn it themselves, and they have to take out millions to compensate others, and it is difficult to think about the days.
There are those who cry out for injustice, what should we do? Is it just a personal reason to cry out for injustice?
Let's not say who is right and who is right and who is wrong, because without investigation, there is no right to speak, and only by grasping the truth can we distinguish right from wrong.
Let's talk about the current mechanism, the mainland's fire investigation experts are concentrated in the fire-based system, the title of the expert is called expert, the title of the expert is senior engineer, the title is administratively hired, the title is internal evaluation, leaving the society is basically not good, because the society does not give the opportunity and platform to use such people.
Once Ouyang encounters this kind of thing, the court has the difficulty of the court, the court has an idea, the reason is that the fire department investigated, the certificate was issued by the fire department, and the judge did not understand this professional and technical thing, so the conclusion of not using fire protection could not be said. Although the determination of the fire department is only evidence, and the evidence can be reviewed by the court, it is impossible to talk about it without the ability to review. I want to find someone who can review it, there is no one who has come before, there is simply no place to look for it, and there is no one to look for.
Fire fighting has the idea of fire fighting: anyway, the fire investigation is done, the cause is identified, and my task is completed. The "Fire Protection Law" also said, the determination is only evidence, the court can review, can use it or not, and I have not stipulated rights and obligations, what does it matter to me?
Lawyers have the embarrassment of lawyers: they understand the law, but the fire investigation is too professional, lawyers cannot understand all laws and sciences, so they can't do it to seek technical "bottom draw" or "seal the throat with a sword", so it is often difficult to start a lawsuit.
Experts have expert considerations: seeing that the case is suspicious, watching the court make a mistake, and seeing the party being wronged, they just can't go to it, and they can't say it. Because you are a person in the system, the people in the system have to be at the disposal of the system and cannot agree to other things. Moreover, it is a fact that people in the system generally do not take the initiative to pull down their faces to compare with their peers.
The fire party is even more difficult: every department has reason, in the end he is not reasonable, he wants to find someone who can help him reason, sorry, society does not provide you with it at all. Not only are there no fire control experts outside China's system, but there is not even a third-party fire investigation agency. At present, even if they barely find it, these institutions do not have the legal basis and sufficient ability to overturn the fire protection conclusion. It is not realistic to let the fire parties collect evidence themselves to overturn the fire protection determination.
In this way, everyone sees, everyone is reasonable, no one is wrong, but the obvious problem is that it cannot be solved, and in the end, it must continue to shout injustice, and shout in vain.
Is there really no way?
Of course, there is, and it is very simple, as long as the court and the fire department communicate to build a mechanism, when necessary, experts from the expert pool will be drawn to help the judge answer technical questions, so that many problems can be solved.
It's not difficult, it's difficult who will say this and lead this head. It's hard to get started.
Ouyang shouts injustice, Ouyang may not be really wronged, but when we always have no solution to the problem of "shouting injustice", do we feel a kind of powerless sadness?
Everything has a beginning, can Ouyang start in China?
The court or the procuratorate looked for a fire department (it seems that only the procuratorate can protest now, right?). ), fire protection to provide some experts, everyone to come to the consultation together, to see whether the fire is wrong or shouting wrong, this is not difficult, but there needs to be the heart of the person in power who hears the "shouting injustice".
One thought, ten thousand paths open.
Yesterday, a "treasure girl" came all the way from Douyin to find me, let's take a look at our conversation.
In view of the current situation of fire investigation in the mainland and the reality of this case, I hope that when Ouyang applies for a protest, the local procuratorate can take it, and then communicate with the procuratorate and fire protection, send a few experts to review and demonstrate, and finally achieve convincing people with reason. Moreover, in the future, it is necessary to establish such a regular coordination mechanism to truly allow experts to play a professional supporting role in judicial adjudication.
This is not a case, behind this case are thousands of eyes and a clear road that will be opened by you, I hope this case can become "the first case of judicial adjudication reform in China's fire case".
The court embarrasses the people, this hole urgently needs to be filled, count me begging you! Thank you.
This has nothing to do with arguing for Ouyang, it has to do with letting the truth shine into reality.
Well, whether this Ouyang is wronged or not, I hope that in the future, the "Ouyang" will stop shouting injustice, I really can't sleep.
Ten points of fire protection, very safe
Zen Ge Profile: Zen tea poetry book, Hebei paddock people, graduated from Hebei Institute of Architecture and Engineering in 1998, master's degree in on-the-job engineering from the Graduate School of the Chinese Academy of Sciences, critic of "wet towel simplicity", proposer of the "ten-second rule", builder and advocate of "four-in-one" and "five-element structure" fire protection work theory system, once taught "fire investigation" course at the Armed Police College, is now a member of the National Fire Investigation Technology Academic Work Committee, a national fire science popularization expert, a fire investigation expert of the Ministry of Emergency Management, Visiting Professor at Chinese Police University. Personal public account: fire miscellaneous, ten o'clock fire fighting; TikTok number: XFHDZSX.
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