Fire Dynamics: Civil Litigation in Hangzhou Arson

May 21, 2018, the deceased's family filed a civil action disputes the right to life to the Hangzhou Intermediate People's Court.

The defendant has nine units involving Greentown Property Company, development, construction, supervision and fire department.

The total amount of claims is 130 million yuan.

May 28, 2018, the family received a notice of acceptance issued by the court case.

1. The nine units of the defendant

Greentown Property Services Group Co., Ltd. (hereinafter referred to as Greentown Property Company)

Hangzhou Greentown Haiqi Industrial Co., Ltd.

Hangzhou Public Security Bureau Fire Bureau

China Construction Third Bureau Group Co., Ltd.

Zhejiang Greentown Oriental Architectural Design Co., Ltd.

Zhejiang Zhongxing Engineering Construction Supervision Co., Ltd.

Zhejiang Zhuan Construction Group Co., Ltd.

Hangzhou Huaan Fire Protection Technology Service Co., Ltd.

Shanghai Ocean Morning House Service Co., Ltd.

2. The main reason for filing a lawsuit

Mo Huan crystal ignition time is 4:55 in the morning, security, firefighters and rescue took more than two hours.

Around 7:00 in the morning, the hostess Zhuxiao Zhen home and three young children's body was discovered.

The autopsy report showed that they all died of carbon monoxide poisoning and "no hair was burned."

Family members have always questioned whether there are multiple factors that hinder rescue and ultimately lead to a tragedy of four deaths.

Lin Jie, the attorney of the deceased’s family’s family’s legal representative, stated that all the defendants were at fault and had a causal relationship to the damage, and should bear joint and several tort liability.

“Although the arson act was the cause, the property management unit’s emergency handling capacity was insufficient, the property fire safety management was not fully implemented, and the fire protection facilities were not operating properly. Other defendants were responsible for the fire protection design, construction, and supervision of the house. Loss of profit, combined with multiple factors made the distressed person in this case fail to be rescued at the first time, and the dangerous situation was not eliminated in time, resulting in a tragedy.”

3. Most of the claims are compensation for spiritual damages

Lin Jie said that this time when the civil lawsuit was brought, the Lin family had asked for death compensation, property damage and spiritual damages, totaling 130 million yuan.

He did not disclose the exact number of claims, but said "a large part of it is compensation for mental damage."

(data from the network)

Historical Weibo:

May 17:

The end of the second instance, choose the sentence.

This time I sat in the auditorium as an auditorium. At the time of witness testimony.

Defense attorney asks: Your position, scope of duties?

Property Wang A: Greentown Blue Money Property Fire Engineering Manager.

Defense lawyer asks: What is your education?

Property Manager Wang A: College.

Defence Counsel asked: The first transcript you wrote was for elementary school.

Property Manager Wang: Silence ..........

Defense attorney asks: Do you have a qualification certificate for fire protection?

Property Manager Wang A: No.

The defense lawyer asked: Did you know that one person in the control room did not have a job card?

Property Manager Mr. Wang A: She passed the exam and the card has not yet been obtained, but I think she can go to work. (starting with incoherent)

The defendants’ defense lawyers and prosecutors came to the debate. When I heard the defender say that the devil had surrendered, my heart rushed up and suddenly he calmed down outside the court.

The sins of the devil are hard to believe. The appeal is its right, but it should bear legal responsibility for the evil consequences it has committed.

Urge Zhejiang Provincial High Court to make an early verdict and impose a punishment to comfort my wife and children in the Spirit of Heaven.

At 17:20 on May 17 Xu, Zhejiang High Court end of the second trial, "Hangzhou nanny arson," the trial, the presiding judge is not in court to pronounce on the accused Mo Huan Jing, the case will set a date for sentencing.

At 9:17 on May, the "nanny Hangzhou arson" In the second court Zhejiang Higher People's Court of second instance trial.

The first-instance defendant Mo Huanjing’s appeal material stated that she believed that the first-instance fire crime was unclear and sentencing was severe and required a commutation.

June 22, 2017 morning, Hangzhou "Blue Qianjiang apartment" 2 1 unit Room 1802 fire, the mistress of the household and their three children were killed Zhuxiao Zhen, Huan Jing Bao Mumo escape, Lin Shengbin man of the house was not at home. On the same day, the police investigated the fact that the fire was an arson case and Mo Huanjing was suspected of committing a major crime.

Mo Huanjing first returned to the scene after the incident

Before the second instance, Mo Huanjing replaced the defense lawyer. Beijing Huayi Law Firm and Zong Jin and Shanghai Big Bang Law Firm Wu Pengbin accepted the entrustment of the family members of Mo Huanjing as their defenders.

After the trial, Mo Huanjing wore a black short-sleeved T -shirt and entered the trial seat under the escort of the judicial police. Mo Huanjing looked a little fatter than the first-instance trial and looked better.

It was learned from the trial scene that in the pre-court meeting, Mo Huanjing’s defense attorney for the second instance proposed that Mo Huanjing did not go to the scene to identify after the incident, hoping to let her go to the scene to identify. The court of second instance granted Mo Huanjing’s defense lawyer’s request to bring Mo Huanjing to the crime scene a few days before the second instance hearing.

Mo Huanjing said in court: “I’ve been guilty for a year, why don’t I save them. The police took me to the scene a few days ago. This was the first time I came back since the incident happened. Everything is gone. Knowing whether it was burned or moved, I remembered it when I got to the scene, when I fell and I felt dizzy. I didn't know how long it was. It affected the alarm and rescue.”

Mo Huanjing once again emphasized in the court that she had only wanted to put a small fire. When her boss found out to call her, she came out to extinguish the fire and never wanted to burn them. She knew that the boss’s got up at 5 o'clock every day , so she kept looking at the phone until the 4:55 fired out of the door and thought it was 5 minutes. If it was discovered by the boss, it did not ignite.

On-site fire commander: Three times required to pressurize the property hose

Wu Feng, who had seven years of experience in firefighting, was the squadron leader of the Near River Squadron of the Upper City Brigade of the Hangzhou Municipal Fire Bureau. He was also one of the first six firefighters who entered the scene after the Blue Qianjiang Fire and served as an on-site commander. In the second instance, Wu Feng appeared as a witness.

Wu Feng said in court that he had received orders to claim that a fire broke out on the Qiantang River and that some people were trapped and led five players to the scene. At the scene, they broke an iron gate and entered the incident site on foot. Under the guidance of the community security, they sat in the ordinary elevator to the 17th floor to dispose the water gun. Before the elevator, there was a woman who wanted to come up. However, there was no communication, no knowledge of her identity, and the elevator was full of people and equipment. She entered the elevator.

“Generally, our high-level fire extinguishing requires access to the water guns on the first or second floor below the fire point, so we accessed on the 17th floor and started the main attack on the 18th- floor nanny's house. At that time, the smoke in the house was large and we bent over. At first, the water pressure was sufficient, and we suppressed the fire effectively, but when we pushed into the kitchen, the water pressure suddenly decreased. After that, I pressed the fire pump three times to the property. In fact, we asked for it before going upstairs. The property pressurized the fire pump. But when the Lakeside Squadron took over from us, the water pressure of the water gun still did not come up.” Wu Feng introduced the scene of the fire at the scene.

Wu Feng’s testimony was confirmed by Huang Lvjiang, firefighter of the Near River Squadron, and Song Jingfeng, deputy squadron leader of the Lakeside Squadron of the Hangzhou City Fire Brigade.

Song Jingfeng said in court that when they took over the Near River Squadron at about 5:30 , they found that the water pressure of the water gun was very low and they could not suppress the fire. Afterwards, until the command center ordered the water to be laid on the 18th floor, the main attack was resumed and the fire was effectively suppressed.

Zhao Peng, a fire-fighting soldier of the Lakeshore Squadron who was involved in the rescue and retired, recalls that he took the team to the fire scene at 6:40 . The captain shouted that the inside of the room was trapped. When he went there, he found that one person, three and four people faced the window. Lying down, "I took a little girl out of the room and she couldn't move."

02:17

Delta Case Video

Review of the case

September 2016, the defendant Mo Huan Jing Shanghai by an intermediary company, hired by Hangzhou Qianjiang Blue Room 2, Unit 1, 1802 victims Zhuxiao Zhen home in nanny job.

From 017 in March, Mo Huan Jing repeatedly steal the victim Zhuxiao Zhen home gold, watches and other valuables in pawn, the proceeds of 18 million yuan, to fashion the incident has assessed the value of 19 million yuan of goods is not redeem .

March 2017 to May, Mo Huan Jing also home to buy a house as an excuse to five times the borrower to victims Zhuxiao Zhen totaling 114,000 yuan for gambling.

June 21, 2017 evening, Mo Huan Jing will steal the victim's home to get money for pawn watch online gambling, until at 2:04 on June 22, his account balance remaining 0.85 yuan.

At 2:00 on June 22, 2017 to 4 pm, Mo Huan Jing frequently used phone inquiries "lighter blew", "sofa on fire," "curtain of fire" and other words and arson-related information. At 5 o'clock on the 22nd on the 22nd , Mo Huanjing ignited the book with a lighter, igniting flammable objects such as living room sofas and curtains, causing Zhu Xiaozhen and three children in the house to be trapped in the fire and died of inhalation of carbon monoxide poisoning. The fire also caused damage to some of the facilities in the room and neighboring houses, with a loss of more than 2.57 million yuan.

December 21, 2017, Hangzhou Intermediate People's Court of First Instance heard in public law defendant Mo Huan Jing arson, theft case. After the trial began, the defendant’s lawyer filed an objection to jurisdiction and ignored the court’s disciplinary scrutiny. The presiding judge decided to adjourn the court according to law.

Starting at 9:01 on the February 2018 day in Hangzhou Intermediate People's Court to continue public hearing accused Mo Huan Jing arson, theft. By Procuratorate accused, asked the court investigation, evidence cross-examination, the court debate, the final statement by the accused, the presiding judge announced at 20:50 adjournment. In addition to two brief recesses, the trial lasted 10 hours and 35 minutes.

February 9, 2018 morning, the Hangzhou Intermediate People's Court on the "nanny Hangzhou arson" open verdict, the defendant Mo Huan Jing Sentenced to Death.

This article is reproduced from WeChat public number: 36safety