After prosecution, response, and counterclaim, the 7 -year -old child drowning accident was formed to settle the case

Together, a 7 -year -old child drowning accident dispute was attracted to the society. After prosecution, response, and counterclaim, parents and hotels accumulated heavy grievances, and contradictions were difficult to reconcile.

"If you don't have the body to think about the parties, you will not be supported and recognized by the parties." The contradiction that is difficult to reconcile becomes a paper "Reconciliation Agreement", which comes to an end with the withdrawal of the case and withdrawal from all parties.

Recently, the applicant Zhang made a special trip to the world with 16 words that wrote "the masses, reconsideration for the people, enthusiastic service, and fairness and harmony". We sincerely thank the reconsideration staff to use affection to solve the people's worry, monitor the people's power, and promote harmony.

Parents of young children drowned were sued in court by the hotel

During the summer vacation in August 2021, seven -year -old young children Mengmeng (pseudonym) had drowns in the outdoor swimming pool in a hotel in a hotel in Zengcheng District, Guangzhou. The hotel's operating company is a certain hotel company (referred to as "a certain source company").

In November 2021, due to the division of responsibilities, a certain source of the company brought the cute parents Zhang and Huang to the court. The prosecution to the court asked to order the defendant's medical expenses to pay for the feed 273603.63 yuan.

At this time, Mengmeng was still in the ICU rescue. The prosecution of a certain source company was undoubtedly sprinkled with salt on Zhang and Huang. The couple believed that a certain source company had more mistakes and should bear the responsibility. As a result, she became the defendant and could not relieve it.

In December of the same year, after nearly 4 months of rescue, Mengmeng died unfortunately. In January 2022, Zhang and Huang submitted a counterclaim to the People's Court of Baiyun District of Guangzhou, asking a certain source company to bear the liability of 2.98 million yuan, and expressed their hope of investigating the company's criminal liability.

Do not recognize the accident investigation report that parents apply for administrative reconsideration

In November 2021, Zhang and Huang reported to the District Emergency Administration.

In March 2022, the Zengcheng District Government announced the report on the drowning accident investigation to the society on the website of the district government to analyze the direct causes and indirect reasons of the accident, and made suggestions on the identification and processing of the responsibility and handling of the relevant units and relevant personnel.

In April 2022, Zhang and Huang believed that the accident investigation report found that the facts were unclear and the law was improperly applied. The application for administrative reconsideration to the Municipal Reconsideration Office requested the "About the Investigation Report on the Drowning Accident of a Hotel Drowning Accident in the People's Government of Zengcheng District. Classification "Classification.

After receiving the application for administrative reconsideration in this case, the Municipal Reconsideration Office immediately contacted the Zengcheng District Judiciary Bureau (the district reconsideration agency), and put forward relevant response and processing requirements. The Judicial Bureau of Zengcheng District submitted an administrative reconsideration response and evidence to the Municipal Reconsideration Office within the statutory period, and fully answered the case through and investigated and dealt with.

On April 26, the Municipal Reconsideration Office organized a coordination meeting to ensure the applicant's submission rights, and put forward practical reconsideration and mediation opinions to obtain unanimous opinions from Zhang, Huang and relevant departments. After the meeting, the Municipal Reconsideration Office pursued a certain source company as a third party in administrative reconsideration, and promptly issued the "Administrative Reconsideration Opinions" to the people's government of Zengcheng District.

It is difficult to reconcile after prosecution, response, and counterclaim contradiction

Relevant departments believe that the case has undergone prosecution, responding, and counterclaims. The relevant local departments have repeatedly mediated the accident organization involved in the case, but have not been successful.

After the Municipal Reconsideration Office learned about the situation, he actively carried out reconsideration and guidance, requiring the Judicial Bureau of Zengcheng District to focus on the protection of the legal rights and interests of the applicant, give full play to the advantages of the local department and the accident investigation team, to focus on the emergency functional departments, the judicial office of the town street, and the lawyer. Waiting for more power of the rule of law to resolve and concentrate the contradictions, and actively promote the resolution of administrative disputes at the grassroots level.

The Judicial Bureau of Zengcheng District actively established a communication platform, immediately promoted the parties to discuss, set the mediation time and place, and promoted the parties to negotiate equal negotiation and achieve disputes to resolve the consensus.

More than five hours of adjusting the plan to sign a reconciliation agreement between the two parties

On June 1, 2022, under the guidance of the Municipal Review Office, the Zengcheng District Judiciary Bureau held a case mediation meeting of the Joint District Emergency Management Department, the Town Government, and the Judicial Office. The deputy director of the District Judicial Bureau is the host of the mediation host. Zhang, Huang, a four -mouth and acting lawyer, and the legal representative of a certain source hotel attended the mediation meeting.

Administrative reconsideration mediation site.

At the meeting, Zhang and Huang, who had not lost their children, had emotional excitement, and cried many times to tell the journey of mind. The staff of the District Judicial Bureau listened carefully, constantly appeased their family members, and the acting lawyers participated in a strong promotion, and advocated that their families and representatives of a certain hotel for mutual understanding and each other gave each other.

The mediation content ranges from "asking for a complaint" to "total talk", mediation methods from "face -to -face" to "back -to -face conversation", and in accordance with the idea of ​​resolving civil disputes and calming administrative disputes. Later, finally turned the contradiction that was difficult to reconcile into a paper "Reconciliation Agreement". The applicant submitted an application for withdrawal from the reconsideration office. After that, the court has also made the Civil Ruling, allowing a company to withdraw the lawsuit, and allowed Zhang and Huang to withdraw the counterclaim. At this point, the case of the dispute between the civilian drowning accident came to an end.

It took nearly a year before and after the case. After a difficult stage, but finally, the application for withdrawal and withdrawal from all parties was successfully concluded. While resolving administrative disputes, the civil disputes of the parties were resolved.Good effects."After the reform of the administrative reconsideration system, the thinking of the reconsideration agency's case handling from 'refereeing' to dealing with contradictions and resolving disputes, whether it can achieve the case that can be achieved as a key criterion for measuring the effectiveness of administrative reconsideration."The case of the case stated that "what is the basis for the end of the fight? Tianli national law and human sentiment. The coordination of the case is a probability work.

Wen, Tu/Guangzhou Daily · Xinhua City Reporter: Weilina Correspondent: Sui Sixuan Guangzhou Daily · Xinhuacheng Editor: Zhang Yu

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