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Recently, the Jiulongpo Court practiced the "Ma Xiwu Trial Method", went deep into the scene of the accident to investigate the cause of the case, and comprehensively used the joint mediation of "judges + people's congress deputies" to properly conclude a dispute over the right to life, right to body, and right to health, so as to ensure that the injured in the accident were rescued in a timely manner.
Sudden gas explosion in the rental house,
90% of the courier brother's skin was severely burned
In the middle of summer in Chongqing, the heat is unbearable, but for Wang, a courier brother who went to Chongqing to pursue his dream and work hard, this hardship is nothing. He sweated and ran through the streets day after day. However, an unexpected disaster plunged him into the abyss of despair.
One day, Wang finished work and returned to the rental house, after taking a bath, he lay on the bed to smoke and rest, after a while, the Persian cat barked anxiously, he was trying to get up to see what was going on, a deafening explosion pierced the dull sky, and a gas deflagration accident occurred in Wang's rented house, causing him to fall into the fire instantly. The mattresses and air conditioners in the house were burned out, the window panes were shattered by the powerful shock wave, and the aluminum alloy window frames also fell downstairs, and the scene was a mess.
Later, it was determined that 90% of Wang's skin was severely burned, and the medical expenses were millions of yuan.
As a courier boy from a poor mountainous area who has just stepped into society, how can he easily raise a huge sum of one million yuan? In order to protect his legitimate rights and interests, Wang sued the court with a piece of paper, demanding that the landlord and the gas company bear tort liability. Due to the sharp confrontation between the landlord and the gas company on the assumption of responsibility, and the imminent treatment of Wang, this made the team of judges in charge of the case very worried.
Practicing the "Ma Xi Five Trial Method",
In-depth on-site investigation to clarify the cause and responsibility
"You can't delay, you can't wait, go to the scene immediately!" In order to settle the score in time and stop the dispute and let the injured receive good treatment as soon as possible, the presiding judge Wang Qing and the judge's assistant Ye Lei braved the scorching heat to come to the scene of the explosion to investigate the cause of the accident.
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The blackened walls, burnt mattresses, and broken windows make people feel very heavy, and the messy scene seems to tell the tragedy of the accident. When Wang Qing and Ye Lei inspected the gas facilities in the kitchen, they found that the natural gas meter was placed in the cabinet under the stove, and the gas pipeline connected to the outside had spontaneously combusted and fell off, which initially showed that the gas leaked from here.
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After careful investigation and visit, Wang Qing and Ye Lei found that the house looked like a single room, but it was actually caused by the landlord dividing the whole house without authorization, and the gas pipeline was also connected from the main house next to it. For this gas explosion accident, the landlord has the main responsibility that cannot be shirked.
mediation visits multi-dimensional force,
Let the injured courier brother have the money to treat his injuries
Considering that the two defendants have a sharp confrontation between their responsibilities, in order to reduce Wang's litigation burden and promote the efficient resolution of conflicts and disputes, the team of judges who undertook the case practiced the "Fengqiao experience" in the new era, formulated a "judge + representative" mediation plan, and invited Meng Xiaolin, a representative of the Municipal People's Congress who is familiar with grassroots governance, to participate in the mediation throughout the process.
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At the same time, the team of judges who undertook the case visited the gas company many times, and communicated face-to-face with the gas company from the perspectives of corporate safety responsibility, assistance to vulnerable groups and grassroots social governance, so as to facilitate the gas company to realize the responsibilities of the enterprise and the social responsibility of helping the vulnerable groups, and voluntarily rescued Wang 400,000 yuan, and paid the full amount to Wang's account in the same month.
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Although the cause and responsibility of the accident have been clarified, the landlord is still lucky and shirks the responsibility.
"What a pity that a sunny and handsome young man has become like this now! Think about it, what if it were you? You have violated the relevant laws and regulations of the state by dividing the house without authorization and connecting the gas pipeline without permission, and it is legal, reasonable, and reasonable to assume responsibility. ”
The presiding judge and Meng Xiaolin's representative, from the perspective of reasonableness and law, worked together to do the ideological work of the landlord. After some efforts, the landlord lowered his head, "I know it's wrong, and I'm willing to do my best to compensate the injured!" The landlord finally agreed to compensate Wang 800,000 yuan, and the case was truly closed.
Popular legal knowledge
Ma Xi five trial mode
The Ma Xiwu trial method is a unique judicial trial method, which originated in 1943 and was created by Ma Xiwu, president of the Longdong Branch of the Shaanxi-Gansu-Ningbo Border District High Court.
This method of adjudication emphasizes going deep into the rural areas, conducting investigation and study, seeking truth from facts, understanding the facts of the case, relying on the masses, educating the masses, respecting the opinions of the masses, facilitating the masses' litigation, and the procedures are simple and formal. When trying cases, Ma Xiwu often went to the countryside to personally participate in the practice of adjudicating cases, conducting roving trials, promptly correcting erroneous cases, and resolving difficult cases; this method of adjudication creatively applies the work principle of the mass line to judicial adjudication work, stresses the combination of trial and mediation, and pays attention to resolving and correcting difficult and wrongly decided cases.
The Ma Xiwu trial method was widely popularized and implemented in the Shaanxi-Gansu-Ningbo Border Region at that time, which played an important role in improving judicial fairness, resolving civil disputes, and maintaining social stability, and had a far-reaching impact on judicial practice after the founding of New China.
Source: Jiulongpo District Court of Chongqing