December 27, 2023 "Procuratorate**".
Edition 08: Minsheng Weekly: Detective.
When the son had an accident, he left two minor children, the daughter-in-law had no job, and the sky at home collapsed. In order to get an explanation, I have been running for almost 3 years, and I thank the procuratorate for supervising in accordance with the law, prompting the court to start the retrial procedure, and seeking justice for us......Recently, in the 12309 procuratorial service hall of the Xishui County Procuratorate in Hubei Province, Zhang was full of tears, holding the prosecutor's hand tightly and choked up.
On September 30, 2020, Zhang's son Cai drove a heavy dump truck full of earthwork through a section of the road under construction in Qingquan Town, Xishui County, when the road surface suddenly collapsed, causing Cai and his car to fall into a roadside pond and drown on the spot. On October 15 of the same year, the road traffic accident certificate of the Traffic Police Brigade of the Xishui County Public Security Bureau determined that Cai overturned because he did not pay attention to road safety and was fully responsible for the accident. The on-site inspection record of the traffic police brigade stated that "there were road collapse tire marks at the accident site, and the road collapsed on the side of the pond".
Cai's father believed that in order to speed up the progress of the project, the road construction unit only carried out a simple pile of soil and widening the construction section, which caused the vehicle to roll over when Cai drove to the road section, so he sued the project construction party, the earthwork provider, the accident road property rights unit and the management unit to the Xishui County Court, requesting the court to judge the above-mentioned units to compensate for losses.
On May 20, 2021, the Xishui County Court ruled to dismiss Cai's father's claim. Cai's father was dissatisfied with the ruling and appealed to the Huanggang Intermediate People's Court. The Huanggang Intermediate People's Court remanded the case to the Xishui County Court for retrial.
On June 30, 2022, the Xishui County Court held after retrial that the traffic police brigade of the county public security bureau determined that Cai was fully responsible for the accident after on-site investigation and evidence collection, and Cai's father did not provide contrary evidence to overturn the traffic accident determination, so it ruled to reject his litigation claim. Cai's father was dissatisfied with the verdict and applied to the Xishui County Court for a retrial. On December 13 of the same year, the Xishui County Court ruled to reject Cai's father's application for a retrial. On May 19 this year, Cai's father applied to the procuratorate for supervision.
In order to understand the specific circumstances at the time of the incident, the prosecutor in charge of the case questioned Cai's father and related personnel in accordance with the lawGo to the court to inspect the trial file and collect relevant legal documents and documentary evidence. After review, the prosecutor found that the accident site was located on the road next to the construction sand and gravel yard, and the vehicle involved in the case rolled over due to the collapse of the temporary widening road, so the accident in this case was not an ordinary traffic accident, and the manager and builder of the road involved in the accident should bear the corresponding responsibility.
After convening a joint meeting of prosecutors and a meeting of the procuratorial committee, the Xishui County Procuratorate held that in this case of dispute over responsibility for the collapse of structures, the main evidence of the facts determined in the original judgment had not been cross-examined, the facts identified lacked corresponding evidence to prove, and the application of law in the judgment was indeed wrong, and in accordance with relevant laws and regulations, it decided to submit a procuratorial proposal for retrial to the Xishui County Court.
On June 25 this year, the Xishui County Procuratorate submitted a procuratorial proposal for a retrial to the Xishui County Court. On August 14, the Xishui County Court initiated the retrial procedure in accordance with the law and ruled on the retrial.
On December 18, the Xishui County Court made a judgment in accordance with the law after a retrial: revoke the original judgment, and the construction person involved in the accident road widening and thickening shall bear 50% of the compensation liability, with a total compensation of more than 500,000 yuan;The manager of the road involved in the accident was widened and thickened, and the manager was jointly and severally liable for compensation.
*丨"Procuratorate**".
Author丨Dai Xiaowei, Xia Qing, Xu Wei.
Editor丨Wu Xuemin.
Audit丨Duan Junxia.