two thousand and ten year one In June, Li Moumou, an individual planter, rented a village in Hefei two point eight Mushrooms are planted on mu of land. two thousand and ten year eleven month twenty-one day seventeen Hour twenty Points, Li The mushroom shed caught fire, seventeen Hour forty-four The municipal public security fire brigade received the fire alarm and quickly mobilized one manipulus two Five fire trucks arrived to put out the fire. eighteen When the fire truck arrives at "Village to Village" Road The road was blocked by cement piers stacked on both sides of the road so-and-so Across the vegetable field some The water pipe in the plant will extinguish the residual fire. Fire area two thousand Square meters, burned Li some , Li so-and-so The mushroom greenhouse and some articles for daily use caused Li so-and-so loss fifteen More than ten thousand yuan. The fire accident identification letter of the public security fire brigade identified the cause of the disaster: one There are many combustibles in mushroom greenhouses, which spread rapidly. two The spacing of cement piers on the shed bypass road is insufficient, affecting the passage of fire engines. This "village to village" road belongs to Owned by the village Responsible for management. The cement piers on both sides of the road are set by two villagers' groups in the village to prevent the road from being damaged by heavy vehicles. After the fire, the fire department has ordered The village was demolished Concrete piers on both sides of the road. Li sued the village Court of first instance, request for decree The village compensates for losses fifteen Ten thousand yuan.
The court of first instance rejected Li so-and-so Claims. Li so-and-so If not, appeal. The court of second instance rejected the appeal and upheld the original judgment. Li so-and-so If not satisfied, apply to the procuratorial organ for supervision. After examination, the People's Procuratorate of Anhui Province protested to the Higher People's Court of Anhui Province on the ground that the final judgment was wrong in applying the law. The Anhui Higher People's Court brought the case up for trial, and the final judgment fully adopted the protest opinion of the procuratorial organ The villagers' committee shall make a one-time compensation within ten days from the effective date of this judgment Li so-and-so economic loss two Ten thousand yuan.
Seen from this case, although the cement piers on the road have been piled up for a long time, the cement piers hinder the fire fighting and cause Li so-and-so Property loss, the date of actual damage is two thousand and ten year eleven month twenty-one Since the implementation of the Tort Liability Law of the People's Republic of China, the relevant provisions of this law should apply to this case. The illegal stacking of cement piers by the villagers' group in this village affecting the passage of fire trucks is one of the causes of disasters analyzed and identified by the public security fire department. The villagers' committee, as a relevant unit, is responsible for the management of all its behaviors of piling cement piers on the "village to village" roads. It agreed to pile cement piers while knowing that it violated the fire control regulations, which led to the fire vehicles being unable to rescue in time when the fire broke out, causing Li so-and-so The expansion of property losses shall be subject to tort liability. However, the first and second judgements rejected Li as the case was not applicable to the Tort Liability Law of the People's Republic of China so-and-so There is a definite error in applying the law to the claims. After the procuratorial organ protested, the retrial adopted the protest opinion, and the case was changed to uphold Li The legitimate rights and interests of so and so promote judicial justice and maintain judicial authority.
The applicable laws in this case are:《 The People's Republic of China Article 89 of the Tort Liability Law stipulates that: "In case of damage to others caused by stacking, dumping or leaving articles that hinder passage on public roads, the relevant units or individuals shall bear tort liability." < The People's Republic of China Tort Liability Law > Article 2 of the Notice on Certain Issues stipulates: "The provisions of the Tort Liability Law shall apply to civil dispute cases in which the tort occurred before the enforcement of the Tort Liability Law, but the damage consequences occurred after the enforcement of the Tort Liability Law." The prosecutor specially reminds: Do not stack, dump or leave articles that hinder traffic on public roads, especially cement piers, to avoid accidents. The fire passage cannot be blocked, it is illegal!
