The strongest environmental protection technology
Chapter 171 Chapter 170 Judgment
Chapter 171 Chapter [-] Judgment
At 9 a.m. on Monday, the first trial division of the county court.
……
"Please state the plaintiff's request and reasons for the lawsuit!"
Peng Zhiyong stood up and said: "Dear presiding judge, the collegial panel... The plaintiff's claims are as follows: first, compensation of 2300 million yuan to the parents of the deceased Liu Jiaming; "Continuous heavy smoking can cause death" to prevent the tragedy from continuing!"
"The reason for the first request is that the deceased was only 22 years old before his death. Even if he retires at the age of 68, he still has 46 years to work. According to the current development trend of the county, the future per capita annual income can reach more than 50 yuan. Based on the average annual labor income of 50 yuan, the defendant needs to pay 2300 million yuan in compensation at one time!"
"The reason for the second request is that the deceased smoked 2 cigarettes for 2 hours in a row before his death, and the carbon monoxide content in his body was too high, and there was no relevant reminder on the cigarettes sold by the defendant!"
……
"The defendant, please make a reply!"
Li Xiaoping said: "Dear..., we do not agree with the plaintiff's statement that Liu Jiaming's death was caused by continuous smoking and the cigarettes we sold were not reminded. All the cigarettes we sell are clearly reminded If smoking is harmful to health, since it is harmful to health, of course the frequency and total amount of smoking should be reasonably controlled. Liu Jiaming is 22 years old and has full capacity for civil conduct and can read and write, so it is deemed that our reminder is effective for him. Therefore, Liu Jiaming death, we are not at fault! Therefore, the compensation requested by the plaintiff does not belong to our responsibility or obligation!"
"Please submit evidence!"
Peng Zhiyong submitted a thick pile of evidence and materials, and Li Xiaoping also submitted a few pages.
After reading the submitted evidence, neither party challenged the evidence, and then the court debate began.
Peng Zhiyong took the lead in saying: "I would like to ask the defendant's attorney, is harm to health the same as death?"
"If your health is endangered to a certain extent, you can die!"
"Please answer clearly whether it is harmful to health and can cause death!"
"Not equivalent!"
"I would like to ask if you still use the words harmful to health to remind consumers when you know that it can kill you. Is it intentional to weaken the degree of harm?"
"Sorry, death caused by smoking is an extremely special situation, the plaintiff's attorney please don't use a single example to replace the generality!"
"The conclusions provided by the autopsy report and relevant data show that smoking can indeed cause death, and it is not an extremely unique case, but may happen to more than 30% of the population. Does the defendant agree with this data?"
"I don't agree, this is just an autopsy of a case, and then the derived data, the scientific rationality needs to be verified!"
"Then you mean that you need to wait for 30% of people to die from continuous high-intensity smoking before you admit the validity of the data of this scientific inference? Then, is it true that the defendant is not concerned about the subsequent continuous high-intensity smoking? The dead are responsible for the murder?"
Li Xiaoping didn't know how to answer this question for a while, and Peng Zhiyong took advantage of the victory and continued to ask: "Not answering means acquiescence. So did the reminder that smoking is harmful to health deliberately reduce consumers' awareness of the harm? Liu Jiaming's death , is it because you did not provide effective reminders? Should the tobacco company bear liability for compensation and make rectifications to the cigarette reminders?"
Li Xiaoping was left speechless by Peng Zhiyong's series of questioning, and the court debate was basically over at this point.
"The defendant, please make a court statement!"
……
"Adjourn now!"
Then all relevant personnel of the presiding judge's collegial panel retreated to the office behind the court to conduct a collegial discussion.
About half an hour later, all the staff took their positions again, and the atmosphere in the courtroom suddenly became heavy, because everyone knew that the most important moment had come, and the judgment of the case would be pronounced.
"All rise!"
"According to Article ... of the Civil Law, the judgment is as follows: 960. The defendant County Tobacco (Monopoly Bureau) Company compensates the plaintiff Liu Dajun (father of the deceased Liu Jiaming) with 2031 million yuan, and the payment will be completed in one lump sum before September 9, 1. 2. The defendant County Tobacco (Monopoly Bureau) All cigarettes sold by the company in the future must remind consumers to pay attention to the words "continuous heavy smoking is life-threatening" on the eye-catching part of the front of the cigarette package, and the width and height of the font should not be less than one-tenth of the height of the cigarette package. Anyone who disagrees with this judgment may appeal through this court or directly to the Shangluo City People’s Court within 10 days from the second day of receiving the judgment.”
Zhao Cangqiong sat at the last row of doors, and was the first to leave after the court closed.
After coming out of the court, Liu Dajun and his wife kept expressing their gratitude to Peng Zhiyong: "Lawyer Peng, you are our family's great benefactor, thank you so much, we will definitely pay the legal fee this time when the compensation comes. For Lawyer Zhou! Thank you, Lawyer Peng... We will never forget you in our lifetime!"
Said that the two were about to kneel down to Peng Zhiyong, Peng Zhiyong quickly pulled them back, and said: "You two family members, don't do this, this is our job as lawyers! There is no need for legal fees, and you can live a good life in the future. , Don’t spend these compensations indiscriminately, after improving your life, save the rest for emergencies if you get sick or something!”
Seeing that Peng Zhiyong was about to leave, Liu Dajun said: "Lawyer Peng, you have been traveling around for our case for so many days, and you don't know how many other things you have delayed. You must not refuse the legal fees, but you can't pay them now. Wait for the compensation. It will be delivered to you when it comes down!"
"It's really not necessary! Well, let me tell the truth, this time someone asked me to help you with the lawsuit. I have already promised to pay the lawyer's fees. I can't collect your money anymore!"
When Liu Dajun heard this, it was wrong, but he didn't know who was helping his family.
Quickly asked: "Lawyer Peng, who is helping our family? You must tell us that we must thank him for such a great kindness!"
Seeing that the two kept begging, and Zhao Cangqiong didn't say that he couldn't disclose it to his family, Peng Zhiyong said, "I was invited by Director Zhao Cangqiong of the Healthy and Environmental Tobacco Factory in your county, and he paid for the expenses." Yes, if you want to thank, thank Director Zhao!"
After speaking, Peng Zhiyong hurriedly left, if he didn't leave, he might be pestered by Liu Dajun and his wife again, asking questions about this and that, Zhao Cangqiong himself knew very little about the situation.
"Who is this director Zhao, and why did he help our family? Do you know, Lao Liu?"
Liu Dajun thought for a while and said, "I don't know, maybe it's because I joined the environmental protection association in the village. I heard that this was organized by Director Zhao!"
"That shouldn't be the case. Let's go back and ask the village chief, and then thank him specifically!"
(End of this chapter)
At 9 a.m. on Monday, the first trial division of the county court.
……
"Please state the plaintiff's request and reasons for the lawsuit!"
Peng Zhiyong stood up and said: "Dear presiding judge, the collegial panel... The plaintiff's claims are as follows: first, compensation of 2300 million yuan to the parents of the deceased Liu Jiaming; "Continuous heavy smoking can cause death" to prevent the tragedy from continuing!"
"The reason for the first request is that the deceased was only 22 years old before his death. Even if he retires at the age of 68, he still has 46 years to work. According to the current development trend of the county, the future per capita annual income can reach more than 50 yuan. Based on the average annual labor income of 50 yuan, the defendant needs to pay 2300 million yuan in compensation at one time!"
"The reason for the second request is that the deceased smoked 2 cigarettes for 2 hours in a row before his death, and the carbon monoxide content in his body was too high, and there was no relevant reminder on the cigarettes sold by the defendant!"
……
"The defendant, please make a reply!"
Li Xiaoping said: "Dear..., we do not agree with the plaintiff's statement that Liu Jiaming's death was caused by continuous smoking and the cigarettes we sold were not reminded. All the cigarettes we sell are clearly reminded If smoking is harmful to health, since it is harmful to health, of course the frequency and total amount of smoking should be reasonably controlled. Liu Jiaming is 22 years old and has full capacity for civil conduct and can read and write, so it is deemed that our reminder is effective for him. Therefore, Liu Jiaming death, we are not at fault! Therefore, the compensation requested by the plaintiff does not belong to our responsibility or obligation!"
"Please submit evidence!"
Peng Zhiyong submitted a thick pile of evidence and materials, and Li Xiaoping also submitted a few pages.
After reading the submitted evidence, neither party challenged the evidence, and then the court debate began.
Peng Zhiyong took the lead in saying: "I would like to ask the defendant's attorney, is harm to health the same as death?"
"If your health is endangered to a certain extent, you can die!"
"Please answer clearly whether it is harmful to health and can cause death!"
"Not equivalent!"
"I would like to ask if you still use the words harmful to health to remind consumers when you know that it can kill you. Is it intentional to weaken the degree of harm?"
"Sorry, death caused by smoking is an extremely special situation, the plaintiff's attorney please don't use a single example to replace the generality!"
"The conclusions provided by the autopsy report and relevant data show that smoking can indeed cause death, and it is not an extremely unique case, but may happen to more than 30% of the population. Does the defendant agree with this data?"
"I don't agree, this is just an autopsy of a case, and then the derived data, the scientific rationality needs to be verified!"
"Then you mean that you need to wait for 30% of people to die from continuous high-intensity smoking before you admit the validity of the data of this scientific inference? Then, is it true that the defendant is not concerned about the subsequent continuous high-intensity smoking? The dead are responsible for the murder?"
Li Xiaoping didn't know how to answer this question for a while, and Peng Zhiyong took advantage of the victory and continued to ask: "Not answering means acquiescence. So did the reminder that smoking is harmful to health deliberately reduce consumers' awareness of the harm? Liu Jiaming's death , is it because you did not provide effective reminders? Should the tobacco company bear liability for compensation and make rectifications to the cigarette reminders?"
Li Xiaoping was left speechless by Peng Zhiyong's series of questioning, and the court debate was basically over at this point.
"The defendant, please make a court statement!"
……
"Adjourn now!"
Then all relevant personnel of the presiding judge's collegial panel retreated to the office behind the court to conduct a collegial discussion.
About half an hour later, all the staff took their positions again, and the atmosphere in the courtroom suddenly became heavy, because everyone knew that the most important moment had come, and the judgment of the case would be pronounced.
"All rise!"
"According to Article ... of the Civil Law, the judgment is as follows: 960. The defendant County Tobacco (Monopoly Bureau) Company compensates the plaintiff Liu Dajun (father of the deceased Liu Jiaming) with 2031 million yuan, and the payment will be completed in one lump sum before September 9, 1. 2. The defendant County Tobacco (Monopoly Bureau) All cigarettes sold by the company in the future must remind consumers to pay attention to the words "continuous heavy smoking is life-threatening" on the eye-catching part of the front of the cigarette package, and the width and height of the font should not be less than one-tenth of the height of the cigarette package. Anyone who disagrees with this judgment may appeal through this court or directly to the Shangluo City People’s Court within 10 days from the second day of receiving the judgment.”
Zhao Cangqiong sat at the last row of doors, and was the first to leave after the court closed.
After coming out of the court, Liu Dajun and his wife kept expressing their gratitude to Peng Zhiyong: "Lawyer Peng, you are our family's great benefactor, thank you so much, we will definitely pay the legal fee this time when the compensation comes. For Lawyer Zhou! Thank you, Lawyer Peng... We will never forget you in our lifetime!"
Said that the two were about to kneel down to Peng Zhiyong, Peng Zhiyong quickly pulled them back, and said: "You two family members, don't do this, this is our job as lawyers! There is no need for legal fees, and you can live a good life in the future. , Don’t spend these compensations indiscriminately, after improving your life, save the rest for emergencies if you get sick or something!”
Seeing that Peng Zhiyong was about to leave, Liu Dajun said: "Lawyer Peng, you have been traveling around for our case for so many days, and you don't know how many other things you have delayed. You must not refuse the legal fees, but you can't pay them now. Wait for the compensation. It will be delivered to you when it comes down!"
"It's really not necessary! Well, let me tell the truth, this time someone asked me to help you with the lawsuit. I have already promised to pay the lawyer's fees. I can't collect your money anymore!"
When Liu Dajun heard this, it was wrong, but he didn't know who was helping his family.
Quickly asked: "Lawyer Peng, who is helping our family? You must tell us that we must thank him for such a great kindness!"
Seeing that the two kept begging, and Zhao Cangqiong didn't say that he couldn't disclose it to his family, Peng Zhiyong said, "I was invited by Director Zhao Cangqiong of the Healthy and Environmental Tobacco Factory in your county, and he paid for the expenses." Yes, if you want to thank, thank Director Zhao!"
After speaking, Peng Zhiyong hurriedly left, if he didn't leave, he might be pestered by Liu Dajun and his wife again, asking questions about this and that, Zhao Cangqiong himself knew very little about the situation.
"Who is this director Zhao, and why did he help our family? Do you know, Lao Liu?"
Liu Dajun thought for a while and said, "I don't know, maybe it's because I joined the environmental protection association in the village. I heard that this was organized by Director Zhao!"
"That shouldn't be the case. Let's go back and ask the village chief, and then thank him specifically!"
(End of this chapter)
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