Construction collapse accidents may be held criminally responsible
Recently, the Jinan Municipal Emergency Management Bureau issued the "Investigation Report on the "12·30" Large Collapse Accident of the PPP Project of Daming Lake Drainage Subdivision in Jinan Central District, Jinan Licheng City, Shandong Province (hereinafter referred to as the "Investigation Report").
According to the "Investigation Report", at about 9:33 on December 30, 2023, a collapse accident occurred during the construction of a central urban rain and sewage combined pipe network renovation and urban waterlogging control Daming Lake Drainage Subdivision PPP project in Licheng District, Jinan City, resulting in 3 deaths and direct economic losses of more than 600 yuan.
Among them, an intern who worked as a quality officer in the project department of the construction area, when he learned that there was a hidden danger of collapse accidents at the construction site, failed to convey the important stoppage instructions to the construction team in a timely manner, and was mainly responsible for the occurrence of the accident.
In response to this matter, some netizens questioned whether the intern was "responsible" for the accident, but if you look carefully at the investigation report, you can find that it was because an important legal document was handed over to him and asked him to serve it on the same day, but due to his personal reasons, it was not delivered, and the accident occurred the next day.
This important legal document is a paper "Project Suspension Order". According to the "Investigation Report", before the accident, on December 28, the project department of the fourth work area conducted a safety inspection and found that the road surface on the south side of the trench was suspended and there was a large potential collapse in the accident section.
On the same day, the safety director Sun issued the "Notice of Rectification of Potential Safety Hazards", which was signed by Lu Mouying, a technician of the construction team. Zhang, the project supervision engineer, issued the "Supervision Notice".
On December 29, Fan Mouwei, the chief engineer of the project supervision department, issued a "project suspension order" to Qingdao Investment Company, and after negotiation, he was handed over to intern Wang Moupu for delivery, but due to his personal reasons, he did not deliver or inform him before the incident. The next day, Lu Mouying organized the construction, during which a collapse occurred, resulting in the death of three construction workers.
It is not difficult to see that the failure to deliver the stoppage order in time is directly related to the collapse accident, and the intern physiology should be responsible for this matter. In legal theory, the status of an intern is not a precondition for exemption from criminal punishment, but should be considered on a case-by-case basis, and whoever makes a mistake will pay the bill, and bear the corresponding responsibility for major liability accidents at work.
Lawyer's interpretation: whoever makes a mistake will pay
Intern status should not be a precondition for immunity from punishment
Should interns be held criminally liable for major liability accidents at work?
In this regard, Wang Hui, a partner at Beijing Jingshi Law Firm, who has long been committed to the study of labor law and other fields, said that because criminal liability implements the principle that the responsible person corresponds to the responsibility, whoever makes the mistake will pay.
Intern or intern status should not be a precondition for a person's immunity from criminal penalties. If an intern is negligent or intentionally responsible during the internship process, and the responsibility should be investigated according to the provisions of the criminal law, then he or she shall bear criminal liability.
Of course, the intern's mistake was only one of the triggers for the accident. It remains to be asked whether the interns should be held accountable because they are not experienced enough.
After the stop-work order, many leaders knew that why let the intern convey it alone?
Did you give the intern such an important matter as stopping the construction to the intern?
If it is an important notification or an urgent message, why don't you call the relevant responsible person at the first time, or use the chat tool to notify you immediately? Is it only possible to choose the less efficient method of paper notification?
Netizens have something to say
Netizens said: The collapse can be stopped with a single file? It's also so funny......... Since it's so important, now that the Internet is so developed, what software can't be said in advance, blame it on an intern's head, and it's funny to let him carry this cauldron...... Migrant workers receive a salary of 3,000 and carry millions of pots.
Netizens said: Fortunately, there is no problem with printing, otherwise you have to blame the clerk for not printing it out in time.
Netizens said: I see clearly, the life of an intern is to do the most work and carry the blackest pot, right, if something happens, find an intern If you succeed, you will have a chairman, a project manager, and a team leader, which of these rights is not greater than that of an intern This is not responsible? It's too much of a bully, the intern is so miserable.
Netizens said: Isn't the first responsible person the actual person in charge? Isn't the first person in charge of the site? Such a cauldron makes the intern ??? Don't be too outrageous.
Netizens said: If it is not confidential, shouldn't the electronic file be sent synchronously when the paper document cannot be delivered in time? Why do you put the pot on the intern?
Netizens said: Is there no network at the construction site, this kind of thing must go to the paper file, will you die if you stop making a phone call?
Tuition spent nearly 700,000 and found that the teacher was unqualified
Since 2018, Ms. Li, a citizen of Nanjing, has let her child tutor in an institution called Dolphin Education, and over the past few years, she has spent more than 680,000 yuan on one-to-one tuition alone, but after the child entered junior high school, her grades began to be unsatisfactory, especially in mathematics.
Ms. Li inquired and found that Ms. Xu, who taught mathematics at the tuition institution, only held a primary school teacher qualification certificate. Ms. Li and her husband approached the agency and demanded a refund of about 140,000 yuan for the relevant fees after junior high school. However, the person in charge of the educational institution was only willing to refund more than 90,000 yuan for the unattended classes, and said that Mr. Xu did not have a junior high school teacher qualification certificate, which did not affect teaching.
After the release of the "double reduction" policy, why does this institution continue to operate?
The staff of the education department said that judging from the business license, this institution is mainly engaged in the custody service outside primary and secondary schools, and it is strictly forbidden to carry out academic training during the trusteeship period. After intervening in mediation, the institution has refunded Ms. Li more than 99,800 yuan of unattended class fees, but still refuses to refund about 140,000 yuan of completed class fees.
The lawyer said that teachers who only have primary school teacher qualifications provide teaching training to junior high school students and do not have a license to run a school, and parents have the right to request the relevant departments to file a case for investigation, and if it is verified, the relevant fees can be refunded in accordance with the law, and the administrative department also has the right to impose administrative penalties on the institution or the person in charge of running the school.
Netizens have something to say
Netizens said: The requirements of parents are too harsh, and the teacher qualification certificate is also very difficult to test, and those who can take the test have already entered a regular school as a teacher, and who wants to go to an off-campus training institution with a teacher qualification certificate? Only those who do not have a teaching certificate are willing to stay in an off-campus training institution. Am I talking about that?
Netizens said: Why is it bad to have 70w?
Netizens said: I think teachers who can teach students well are not only to see if there is a certificate, some people are capable but people just don't take the certificate, but the ability is there, just like the quality of students can not only look at the grades, if you want a certified and capable teacher, you should ask clearly before tutoring, and look at the certificate, instead of finding out now, spending 70w tutoring is a bit ridiculously expensive.
Netizens said: My focus is that I spent 700,000 yuan on make-up classes in junior high school? Admitted to high school to continue to make up, make up for the basic can only be a junior college exam, it doesn't matter if you have this money, you have to take the college entrance examination, and you are also a junior college student after five years of secondary school.
Murdoch's fifth wife met at Wendi Deng's party
According to the global network: 93-year-old media tycoon Rupert Murdoch is married again, and the object is Yelena Zhukova, a 67-year-old retired Russian-born molecular biologist. The two were married on the 1st at Murdoch's vineyard in Bel Air, California.
Murdoch's News Corp confirmed Murdoch's remarriage on June 2 and released a photo of the newlyweds, showing them smiling sweetly.
According to the New York Times, guests at the wedding included Robert Thomson, CEO of News Corp., and Kraft, owner of the New England Patriots, an American football team.
Murdoch's acquaintance with Zhukova was dramatic. According to media outlets such as the BBC and The New York Times, the two met at a party hosted by his ex-wife, Wendi Deng. Since then, Murdoch has turned on "dating mode", inviting Zhukova to cross the Mediterranean on a yacht with him, and she got engaged in March this year. According to the report, Zhukova immigrated to the United States from Moscow in 1991 to study diabetes at institutions such as the University of California, Los Angeles.
For Murdoch, this is his fifth marriage. The most recent is with supermodel Jerry Hall, and the two divorced in 2022.
Last year, when Mr. Murdoch announced his engagement to radio host Ann Leslie Smith, he said it was the "last" time he fell in love, but soon canceled the engagement.
According to Forbes magazine, the assets of Murdoch and his family are about $19.5 billion. The issue of the distribution of assets involving his six children has become the focus of attention.
After 70 years at the helm of the media empire, Murdoch stepped down as chairman of Fox and News Corp. last year, handing over control to his eldest son, Lachlan.
Murdoch's New York-listed company, News Corp., owns hundreds of local, national and international digital news outlets, including The Wall Street Journal, Fox News and Sky News Australia, as well as book publisher HarperCollins, among others.
Netizens have something to say
Netizens said: People get married every time, and their attitude is there...
Netizens said: She is still a beauty when she is old.
Netizens said: Who is married more often with Wang Feng?
Netizens said: Murdoch: It's the biggest insult to me that people are still running out of money.
Some of the content in the article comes from the Internet and is invaded and deleted