Setting off fireworks to kill a 10-year-old child, what is the culprit of the perpetrator?
Author | Song Yuling
Eleven days have passed, and the "perpetrator" who caused Yangyang's (pseudonym) death has still not been found.
The accident occurred on the third day of the first lunar month (February 12), which was supposed to be a festive day. That night, his father, Mr. Wang, took 10-year-old Yangyang to the Wanghong Bridge near the North Third Ring Road in Weishi County, where there were crowds of people. Mr. Wang told the media that Yangyang said he wanted to eat barbecue, and they stood in front of the barbecue stall one after the other.
After paying the money, Mr. Wang heard an "ah" behind him, turned his head and found that the child had fainted.
He described how a cannonball resembling a "wolf howl rocket" firework suddenly burst out of the crowd, piercing Yangyang's head and exploding immediately, "before he could react, his head was blown to pieces."
Searching for "Wei's Internet Red Bridge" on the short video platform, you can see that the bridge is very lively during the New Year, the bridge body crosses a river, and people burn fireworks on both sides of the bridge to illuminate the night. On the other side of the beauty, a local commented: "It's annoying...... It hasn't stopped since New Year's Eve......"
Weishi County Internet Red Bridge/Video Screenshot
And the fireworks cannonball that exploded in the back of Yangyang's head and shuttled through the crowd, its owner hid and disappeared into the crowd and fireworks.
After the incident, Yangyang's family asked for help on the Internet to "find witnesses". Five days later, on February 17, Yang Yang unfortunately passed away, and there is still no progress in finding clues about the perpetrators.
After Yang Yang's death, his family has deleted the information for help on social platforms, and everything seems to be calm. According to the surging news, on the 20th, the official department of Weishi County responded that the relevant departments are following up and dealing with it, hoping that people who care about this matter will wait patiently for the results.
There is no doubt that the perpetrators need to pay for their actions. However, in this year's "ban and restriction", fireworks injuries occur from time to time, the quality of fireworks is difficult to distinguish, and the specifications of fireworks operation are often ignored. This casts a shadow over the flavor of the New Year.
What can be done to prevent similar accidents from happening again?
01
The perpetrator could not be found
At present, the "perpetrators" have chosen stealth. Mr. Wang, Yangyang's father, said in an interview that the scene was crowded with people and vehicles that night. A few days after the incident, the police investigated the surrounding surveillance and also checked the dash cams of passing vehicles, but there was little hope of finding the perpetrators.
Ding Jinkun, a lawyer at Shanghai Dabang Law Firm, told Nanfeng Window that the perpetrator's behavior in this case was negligent death, which had constituted a criminal offense.
In general, it is less likely that the perpetrator deliberately aimed at the target. Ding Jinkun said that even if the perpetrator set off the fireworks unintentionally, after all, it has caused serious harmful consequences, and it is likely that he will be tried for the crime of endangering public safety by dangerous means or causing death by negligence.
A request for help posted online by a family member
In the case that the perpetrator has not been caught, the criminal defendant is missing, lawyer Ding Jinkun said that in this case, there is generally no way to pursue criminal responsibility, but the family still has the opportunity to pursue responsibility and compensation. But this has a premise, that is, the product is up to standard, "this is the core of responsibility".
If the product is unqualified and causes an accident, the family needs to go to the manufacturer of the fireworks, the transporter and the seller to claim compensation.
However, tracing the origin of the product can also be difficult. "Because the fireworks are running around, they are wiped out after the explosion, and they fall far away, and the fireworks are ordinary items, not specific things, and the types of fireworks that everyone sets off may be the same, and it is more difficult to distinguish. This requires the police to intensify their investigations, "which will take a lot of effort."
The complex chain of manufacturing and selling fireworks adds a shadow to the process of pursuing this case.
In addition, Li Guoqing, deputy secretary-general of Shandong Fireworks and Firecrackers Association and chairman of Binzhou Hongchuan Fireworks and Firecrackers Co., Ltd., explained to Nanfeng Window that fireworks and firecrackers were banned before, but the people had needs, and there may be no formal company operating in the local area.
What if the product is qualified and the perpetrator is not found?
Ding Jinkun said that such a situation is more tricky, and there may be a situation where there is no legal claim, and it is necessary to rely on the government for livelihood relief.
02
The damage of overlooked fireworks
Yangyang's family expressed their puzzlement in an interview with the media, "Yangyang is less than 1.4 meters, shorter than adults, and I don't know why fireworks are scurrying around in the crowd." ”
Under the influence of the feelings of the New Year and romantic imagination, most people are less wary of the harmful power of fireworks.
"Wolf Howl Rocket" is a type of firework that makes a sound similar to a wolf's howl when launched. "Among the rocket fireworks, the 'wolf howl fireworks' are considered to be more lethal," fireworks manufacturer Li Yan (pseudonym) told Nanfeng Window.
Whether the fireworks that damaged Yang Yang were real "wolf howl rockets" has not yet been determined. However, based on daily life experience, the quality of fireworks in the market is also uneven, which causes the quality of fireworks to be uncontrollable, and therefore the damage is uncontrollable.
There are many videos on the Internet of fireworks being set off on the Internet celebrity bridge
Li Yan told Nanfeng Window that in recent years, the fireworks industry has been in a position of the wind. "The price war is too strong, and many people from other places come to us to buy fireworks, and he picks the cheap ones. "It's easy for bad money to drive out good money.
Li Yan introduced that if the fireworks industry blindly pursues cheapness, there will be a lot of unscrupulous businesses, "even if it is gunpowder, it is also priced." In addition, the rocket fireworks completely rely on the energy brought by the gunpowder, and the amount of gunpowder will inevitably have an impact on the flight trajectory of the fireworks.
The fireworks similar to the "wolf howl rocket" in the Liuyang area have strict requirements for their development and production. The production qualifications of fireworks factories are generally divided into A-level, B-level, and C-level. The local fireworks factory needs to reach level B or above, and at the same time need to meet the production line construction requirements of the provincial government to produce powerful fireworks such as "wolf howl rockets".
"Wolf Howl" Rocket/Tencent News
According to media reports, on February 3 in Luoyang, Henan Province, citizens set off fireworks, causing the exterior walls of residential buildings to burn and emit black smoke. The next day, the property of the community responded that the accident was caused by a cannon battle similar to a monkey on the street.
People pursue the experience, ornamentation, and even excitement of fireworks, but often ignore potential safety hazards.
Taking the "Gatling" fireworks as an example, Li Yan introduced to the south window that each Gatling is clearly marked with "no hand-held", although the Gatling fireworks will have a belt, but this belt is for the convenience of retailing, because the Gatling is "long and round". But many people still hold it in their hands and set it off, which leads to accidents.
03
The border between the taste of the year and security
It's always easy to point the finger at the development of fireworks, and one view is that fireworks that are too lethal should not be developed.
Li Yan said that compared with boxes of salutes, the power of rocket fireworks is not so great. He believes that as long as the normal discharge instructions are followed, fireworks are not too dangerous. "Every firework we produce has a specified process, which has high requirements for gunpowder, and the production process is also very demanding. ”
However, the regulations of each place are different, and the requirements for R&D enterprises are also different, even if all fireworks manufacturers strictly abide by the production regulations, it is inevitable that the quality of fireworks will be good and bad.
Li Yan said that fireworks manufacturers in some areas do not have high requirements for the amount of workmanship and raw materials of gunpowder during production, and sometimes in order to achieve the effect of reducing costs, "there are not so many medicines".
Some netizens posted a video saying that someone was fighting fireworks on the Internet celebrity bridge/video screenshot
But no one wants the unexpected to happen, especially for the fireworks industry. Li Yan said that every year, fireworks manufacturers pay special attention to fireworks accidents, and he does not want to see the news that fireworks hurt people. Under normal circumstances, even if there is a problem with the quality of R&D, it will not hurt people if it is set off according to the instructions, "this is the minimum standard we have for ourselves as R&D."
When people are competing to buy Internet celebrity fireworks at high prices, controlling fireworks production has become a very important proposition. In terms of law, lawyer Ding Jinkun said that the power of fireworks should be controlled within a reasonable range to reduce the harm of fireworks to personal safety.
In his opinion, if fireworks have been made in compliance with mandatory regulations, but are still more harmful, then the degree of danger represented by the relevant regulations has exceeded the generally acceptable range of society?
"For example, if the explosion of fireworks is too loud and will hurt the eardrums, some fireworks are too large and the impact is too strong, etc., it is necessary to balance entertainment and safety in all aspects. ”
Over the past few years, many places have taken a complete ban on fireworks during the Spring Festival, and while the fun has decreased, complaints about the "smell of the New Year" have become thin frequently. This year, the "ban and restriction" has become a new trend, and the New Year's flavor is back, but the R&D and manufacturing, sales channels, standards and supervision of the fireworks industry involved behind this need to explore a sustainable New Year's flavor, and all parties are looking forward to a safer fireworks environment.
At least, the New Year's flavor on the "Wei's Internet Celebrity Bridge" is over. Social platforms show that after the incident, there is no chaotic scene of selling or setting off fireworks on both sides of the bridge. But this should not come at the cost of the life of a 10-year-old boy.
The pictures in the article come from the Internet, and the first picture comes from The Paper
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Duty Editor | Zhang Lai
Typography | Fifi
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