The market of farm produce " At will" Sell filefishes The old man bought and ate and caused death by mistake

The market of farm produce " At will" Sell filefishes The old man bought and ate and caused death by mistake
Because the retailer of a agricultural trade market management aquatic products of Liaoning law storehouse county has not discerned that manage the kind, sell the filefish to the customer, consumers cause people's death after eating. After the accident happened, because is unable to investigate which aquatic products operator sell filefishes, really make the relatives of the dead difficult to make.
A few days ago, the intermediate court of Shenyang made final judgement to this case.
Uncle Zhang bought filefishes by mistake
Will it be May 10 2008, live the intersection of Liaoning and the intersection of Shenyang and the intersection of city and the intersection of law and the intersection of storehouse and the intersection of county and the intersection of economic development zone and JunHai Zhang, south gate of village ask the intersection of fellow villager and the intersection of Liu Cheng and justice help the family to do some works. In order to entertain Liu ChengYi, is fond of Zhang JunHai who drinks two and plan to buy some fish's stewed bean curd as the dish that goes with wine.
On the same day, Zhang JunHai comes to market of farm produce of Longshan of storehouse county of law not far from home, have bought two pieces of black carp in a stand and two pieces of shape resembling are made in locality " Frog's fish " . In the intersection of market and hall, buy JunHai Zhang of fish see aunt Wang in village, tell the other side oneself to buy some fish exchange a few words of greetings, plan to come back home to eat stewing.
Zhang separate by JunHai and aunt Wang, catch, come eldest brother Zou that buy vegetables in market. When the departure, Zhang JunHai tells eldest brother Zou, one's own family drinks at It's nothing.
Will it be 3:30 afternoon, JunHai Zhang go home excitedly, " the spouse, at stew fish, get some wine, I and drinking two handleless cups as justice. " Zhang JunHai of the portable fish tells one's own spouse stone aunt.
The stone aunt took over a handbag that beautiful sea passes over, opened and saw suddenly, there were two frozen black carp and two " frog's fish " inside . The stone aunt cleans up the fish, cook the fish, bean curd, bean noodles
During the feast, Zhang JunHai has eaten a piece of " frog's fish " ,ChengYi Liu take half, stone aunt know spouse like, take fish, take some bean curd and bean noodles only, plan to eat half a fish left at once to the spouse.
Shortly after the stone aunt finishes tidying up the bowls and chopsticks, Zhang JunHai and Liu ChengYi successively presented bad symptom, disgusting, vomit, four limbs are numb The stone aunt of the flurried trick lets somebody send Zhang JunHai and Liu ChengYi to the hospital at once.
Three people are poisoned a person and died
At 18 on May 10, 2008, Zhang JunHai and Liu ChengYi are sent to the county people's hospital of storehouse of France and rescue. The hospital judges Zhang JunHai and Liu ChengYi in order to be poisoned by food, has had the stomach treatment to it.
At 21 o'clock at that night, the storehouse county people's hospital of the law judges that eats filefishes by mistake and is poisoned in a beautiful sea, report to storehouse county Health Inspection Institute of the law at the same time.
Because eat filefishes by mistake and is poisoned heavier in a beautiful sea, after through washing a series of treatment measures such as the stomach,etc., still have difficulty in breathing, paralysis of four limbs, and increase with one pair of pupils, is transferred to as the general hospital of group of coal industry of the law of subway treated and cured by that very night, but stone aunt and Liu ChengYi are sent Chinese Medical Sciences University to attach to the treatment of the first hospital.
Zhang JunHai dies not long after sending to the general hospital of group of coal industry of the iron processes, and stone aunt, Liu ChengYi were successively sent several hospitals to treat and cure.
5 o'clock the next morning after poisoning to death in a beautiful sea, the health and epidemic prevention station of county of storehouse of France finds the investigation to five stand retailers of aquatic products in the market of farm produce of Longshan of storehouse county of the law, their purchase channel comes from Shenyang in the aquatic products wholesale market of big district.
On May 11, 2008, the product quality in Shenyang and office of leading group of the food security will issue the documents, require that checks and supervises the wholesale market immediately.
Will it be May 12 2008, the intersection of law and the intersection of storehouse and the intersection of county and health and epidemic prevention station in eat filefish by mistake, think in the the intersection of poisoning and survey report about the intersection of law and the intersection of storehouse and the intersection of county and the intersection of south gate and the intersection of village and resident: "Not eating the fish head finished according to the patient's clinical manifestation and patient, through inquiring clinician and relevant expert, diagnose tentatively the death of a beautiful sea is poisoned for the filefish. "
On May 14, 2008, storehouse county Health Inspection Institute of the law will survey Zhang JunHai's death situation again, assert, should get up, poison by food, eat filefishes by mistake, poison for family.
After the accident happened, Wang tell stone aunt by aunt and eldest brother Zou, they market see Zhang JunHai buy fish in Longshan, it can not spoken clearly in which stand but on earth.
According to the clue, stone aunt and children found the fish seller of Longshan market of farm produce stall owner, but none of the owners of several stands admit it is they that sell to a beautiful sea filefish.
The stone aunt thinks, the market sells filefishes, causes one deaths, two people are in hospital, do not have a statement? Then, the stone aunt decides to appeal to the law to demand a statement for Zhang JunHai dying.
The stone aunt indicts several stall owners
Will it be June 27 2008, stone aunt and the intersection of children and one pleadings of JunHai Zhang lodge a complaint the intersection of market and five management family to deal in the aquatic products.
The stone aunt thinks in the pleadings, manage a self-employed entrepreneur as the aquatic products of market of Longshan, should grasp professional knowledge such as the shape, toxin of the filefish in the business activities, but they do not have strict go-no-go fish product kind, sell the filefish to a beautiful sea of victim, forbid dealing in filefish, poisonous mushroom, provision of the delicious day lily while violating " street peddler and country trade food hygiene management rule of Liaoning Province food " in managing, not only sell the filefish to Zhang JunHai, has but also caused the serious consequence of its death. The plaintiff requires the aquatic products operator of the market to compensate the medical fee, in hospital the allowance of mess, attend to fee, funeral expenses, death damages, living cost of people, follow-up raised and treat fee, spirit and conciliate nearly 190,000 yuan of gold.
Hereafter, stone aunt and children found the market of Longshan was by the market Development Co., Ltd. of Longshan of storehouse county of the law and law joint venture of service centre of market development of storehouse county, then run unit, tell, to court, require their bear related compensation responsibility together too two.
On September 2, 2008, the court of storehouse county of the law hears this filefish publicly in accordance with the law and is poisoned the case.
In the court trial, it says, they are in aquatic products of market management of Longshan that five fish manage the family, but not sold the black carp or filefish to Zhang JunHai, the death of the victim has nothing to do with defendant.
Longshan the intersection of market and developing company show to the intersection of stone and demand of aunt property and manage business, assign market development service centre, manage all already at ordinary times of market, both sides have signed the market and jointly organized the agreement.
The service centre of market development explains, this centre state-run accepts from the enterprise legal person propping up, assuming sole responsibility for its profits or losses by oneself, they have not supervised the obligation of the market, should not bear the responsibility of civil compensation.
Court's investigation finds, the market of Longshan is the market Development Co., Ltd. of Longshan of storehouse county of the law and law joint venture of service centre of market development of storehouse county. In 2008, five stands will pay industrial and commercial administration expense and stand fee of 8300 yuan, collected by the service centre of market development. The developing company of market of Longshan of the fee of stand occupies 39%, the service centre of market development occupies 61%. In addition, these five of family property which manage the aquatic products have black carp that sells per family.
The first instance judgement
In the court trial on the same day, the stone aunt's agent manages the family and asks to the fish, whether know when characteristic and filefish of the filefish are the virulent aquatic products, several defendants are too uniform to find out about the shape of the filefish and toxicity of the filefish at all.
The intersection of county and court, storehouse of France, think Wang aunt and Zou can verify five retail, freeze the intersection of river and operator of fish by eldest brother and relevant statement of personnel after trying, fail to divide detection to mix with the filefish among them and sell to Zhang JunHai, causes stone aunt and Zhang JunHai " the family eat filefishes by mistake and is poisoned "s The only immediate cause why the incident happens, without exceptional situation, lock five and manage a fault to undoubtedly sell to a beautiful sea filefish.
Our country " aquatic products hygiene management " stipulates, " the filefish has hypertoxicity, can't flow into the market. " It's time, plant fish, law prohibitive to deal in food department have, violate prohibitive to deal in poisonous the intersection of food and behavior of legal provision, cause food poisoning, other diseases caused by food-borne bacteria or because other illegal activities did harm to others, should bear the responsibility of civil compensation in accordance with the law. Serious consequence and stone aunt's body that the behavior of sale filefish of five producers causes Zhang JunHai death are injured the emergence of the result, five operators should bear the responsibility of civil compensation.
Two people more than implement behavior that threaten the security of personal others and lead to the fact the consequence of the damage can be confirmed and encroached on the actor's actually together, should bear joint liability in accordance with the law. Sell the behavior of the filefish, the consequence causing aunt's body of Zhang JunHai's death and stone to be damaged in five operator's faults, because unable to confirm five the intersection of operator and one of them for encroach on actor actually, five operators should bear related compensation responsibility in accordance with the law.
The intersection of Longshan and the intersection of market and the intersection of developing company and the intersection of department and the intersection of law and the intersection of storehouse and the intersection of county and the intersection of Longshan and the intersection of market development and unit, market development service centre manage the intersection of law and the intersection of storehouse and the intersection of county and the intersection of Longshan and market development mainly, food hygiene management that should responsible for in the market of Longshan of county of storehouse of law of two units, shoulder filefish, can't it flows into markets to be legal to manage responsibility. Two units should bear joint liability in accordance with the law, the proportion of joint liability takes market signed of two units jointly organize the agreement to agree on as a basis, namely the developing company of market of Longshan of stand fee accounts for 39%, the service centre of market development accounts for 61%. Longshan the intersection of market and developing company bear this case 39% joint liability, market development service centre bear this case 61% related compensation responsibility.
On December 9, 2008, the court of storehouse county of the law is poisoned the case this filefish to adjudiacate in the first instance, adjudicate five deal in one and pay stone aunt and its children every damages of 101507.22 yuan, bear joint liability between five producers; Longshan market development Co., Ltd. of county of storehouse of France bears the related compensation responsibility of 39587.82 yuan; The market development service centre of county of storehouse of France bears the related compensation responsibility of 61919.4 yuan.
Two tries it
After pronouncing, the disobedience of a producer among them adjudiacates in the first instance, do not think the believable evidence of a determination prove, Zhang JunHai's death is relevant with it, can't use common dangerous behavior as the basis of the judgement either in this case, then lodge a appeal to the intermediate court of Shenyang.
Shenyang the intersection of city and intermediate court is try, think JunHai Zhang die, can mean, recognize stall owner of a fish seller already, and witness prove JunHai Zhang buy fish in market, does not prove whose fish does it buy only, so the complexion letter to the testimony of first instance court is not improper. This case should be included in the common dangerous behavior, infer five producers have implemented the common dangerous behavior, do not need to point out who has sold filefishes. The first instance court infers five people have possibility to sell filefish, but can't prove and has not sold to filefishes by oneself, ought to bear compensation responsibility.
A few days ago, the intermediate court of Shenyang made final judgement: Reject the appeal, uphold decision.
It is reported separately, it has caused the sensational filefish poisoning case in the locality that this has got up, has already finished under the efforts of the county people's court of storehouse of France.
Where does it discuss law according to the case a common dangerous behavior
At the end of December of 2009, the relevant personnel of county people's court of storehouse of France claims while giving an interview, common dangerous behavior, are also called common tort, mean two or more civil subjects have encroached on others' behavior with dangerous right together, cause actual damage, can't distinguish, damage by who tort that lead to the fact it is. This case the reason why end it adopts common dangerous behaviors to be to make judgement according to actual conditions and relevant the intersection of evidence and the intersection of evidence and chain that form of this case as basis that judge. (Wang Zhi Zheng XiDong)
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