In Shenzhen, Guangdong, the man and three crew members went out to sea to fish on a wooden fishing boat, during which they were hit by an iron boat, and the three crew members died, and the man was rescued after a long time floating at sea, but after coming up, he was asked to borrow 2.72 million yuan from the town ** to compensate the families of the three deceased, and he questioned this.
According to the man Zhang, this iron boat is much larger than the fishing boat, more than 20 meters long, and his own fishing boat is 114 meters, width 24 meters. After the collision, the wooden fishing boat broke in half and capsized, and although he was rescued, he was already injured in the lungs and head. The iron boat that caused the accident did not stop for rescue, but turned off the lights and left the scene.
Currently, the Shenzhen Marine Detachment is conducting an investigation into the accident.
After Zhang reported the case, Shanwei City was asked to cooperate with the investigation of Shenzhen. The monitoring on the iron ship may have recorded the circumstances of the accident, but the monitoring ** is still in the hands of the relevant departments, and Zhang and his family cannot obtain it. The Shanwei Coast Guard has not yet taken over the investigation of the case, nor has it taken any measures against the personnel on the iron boat.
The other three victims of the fishing boat were found one after another, and according to the autopsy report, they showed obvious marks of impact. The family of the deceased has received compensation, but Zhang was required to borrow 2.7 million yuan from the town ** to pay compensation to the family of the deceased in advance because of the accident, and he currently owes a huge debt.
The fishery administration department of Fengmen Town, Shenzhen-Shantou Cooperation Zone, confirmed that the iron boat has been temporarily detained, but the responsibility has not yet been divided. Zhang believes that as an injured party, he should be compensated accordingly, instead of taking on huge debts. Zhao Liangshan, a well-known public interest lawyer, said that before the division of responsibility, it was not illegal for Zhang to borrow money to pay compensation, and in the end, Zhang's interests would not be damaged. At present, the incident is still under further investigation.
For such a treatment plan, Zhang could not accept it. In his opinion, he is also the injured party, and the money should be borne by the perpetrator, and now he is being borrowed, which is not reasonable.
And some netizens also have questions about the current treatment plan.
So how should you look at this from a legal point of view?
In general, in such incidents, it is important to identify the responsible party quickly and fairly. This relies on adequate evidence collection and professional accident investigation. Until responsibility is clarified, the treatment of victims and perpetrators should be prudent and fair.
The owners and operators of the vessel involved in the accident may face significant legal liability, including civil damages and possible criminal charges. But the first condition is to investigate the matter clearly, the sea is different from the land, it is impossible to have monitoring everywhere, so there are obviously some troubles in the investigation and evidence collection.
According to Article 130 of the Minutes of the National Conference on the Trial of Civil and Commercial Cases by Courts, when a court hears a civil or commercial case, if the civil or commercial case must be based on the trial result of the relevant criminal case, and the criminal case has not yet been concluded, it shall rule to suspend the litigation in accordance with Article 150, Paragraph 5 of the Civil Procedure Law. After the conclusion of the criminal case, the trial of civil and commercial cases will resume. If the civil and commercial case does not have to be based on the outcome of the relevant criminal case, the commercial case shall continue to be heard.
Since the liability for the collision is still undetermined, there is no problem with the death of the employee during the course of work, and the owner of the ship will compensate in advance. Next, just wait for the division of responsibilities and determination. It is not illegal to compensate the family of the deceased in advance, but out of consideration for the family's feelings.
Of course, it is important to follow the rules of nautical safety, especially when sailing at night. For large vessels, it is crucial to maintain proper vigilance and take the necessary safety measures to avoid collisions with smaller vessels.