The 36 -year -old "Star of the Disabled Persons' Entrepreneurship" Drinking medicine Drinks and committed suicide: Behind the factory burned by the fire and the millions of compensation that cannot be chased

↑ Xu Aihua was previously interviewed by local TV stations

Red Star News reporter ｜ Chen Yifan Lan Jing

Intern ｜ Li Longliang

Editor -in -law ｜ Editor Deng Yiguang ｜ Pan Li

Xu Aihua, the former "Star of the Disabled Persons in Guizhou Province", couldn't carry it. On August 14, on the mountain more than 10 kilometers away from home, Xu Aihua, 36, drank pesticides, wanted to "leave" quietly, and was found to the hospital for rescue.

Recently, Xu Aihua told Red Star reporters in the hospital that he was interested in life: The clothing factory founded by the disabled friends was affected by a fire from the company downstairs, and the factory was burned out. In the past 5 years, he has exhausted his judicial channels, and it is still difficult to get compensation, and he "can't think of it for a while."

Regarding the fire 5 years ago, the fire department determined that the fire was within the Giantian County Zhongyuan Sponge Factory (hereinafter referred to as the "Sky Circle Sponge Factory") under the clothing factory. Maybe. "Xu Aihua complained to the court according to this. On March 16, 2018, the court of first instance decided that the Tianyuan Sponge Factory compensated Xu Aihua to lose more than 1.79 million yuan.

The defendant did not accept the judgment first, and insisted on appeal for many years. Xianmou believes that the fact that the owner of the factory involved in the case of the Grand Economic Development Zone of the case fails to fulfill its management responsibility for fire protection facilities and shall bear the liability for compensation. Because of the first refusal to compensate, on June 21, 2019, Xu Aihua applied for the court for enforcement of it. Later, a court was listed as a dishonesty and an executor. During the enforcement of enforcement, Xu Aihua discovered that Xianmou had transferred the sponge factory equipment to his relative Ding Mou on the grounds of "returning the arrears".

According to Xu Aihua, after the fire factory, the losses of clothing factories were heavy, and it was difficult to restore production. It has disintegrated. In recent years, Xu Aihua has done external work at the car repair shop and driving school. While maintaining a living, the salary of the employees of the clothing factory is repaid. In 2021, the wages of the arrears were settled. As a result, his debt was tired, and now there are still more than 2 million foreign debt.

↑ After the fire of the sponge factory

Fire downstairs and the disabled clothing factory

Wanting fire fire fire equipment but no water

At 3 o'clock on April 28, 2017, a fire broke down from the Tianyuan sponge factory downstairs.

Tianyancha shows that colorful clothing was established in 2014 with a registered capital of 1 million yuan. In the production workshop of colorful clothing, there are more than 50 employees, mostly poor households and disabled people. Xu Aihua, the person in charge, said that more than 10 of the employees are disabled, and several disabled workers who are far away from home usually live in the factory.

Xu Aihua recalled that at about 3 am on the same day, he suddenly received a call from the factory. At that time, Xu Aihua's brother Xu Ming (pseudonym) spent the night in the factory, and he told Xu Aihua's factory building downstairs. Xu Aihua asked Xu Ming to transfer the factory employees to avoid casualties.

Xu Ming remembered that at 3 am that day, he was awakened by a pungent smell and found that the sponge factory downstairs was on fire.

At that time, more than a dozen clothing factories lived on the 4th floor. Xu Ming immediately woke the workers and asked everyone to go downstairs. Later, the number of people was counted, and found that there was another disabled employee who did not come down. "He was a prosthesis (inconvenient to go downstairs), and I called two people up and set him down." Xu Ming said.

When Xu Aihua rushed to the scene, it was found that the fire protection facilities equipped in the plant were purely "furnishings". Waiting for the fire brigade to come out of the fire. "

Xu Aihua remembered that the fire burned bigger and bigger, and it would be extinguished when there was nothing to burn. The raw materials and equipment in the factory were all fascinated. "All employees who accompanied me that night, we watched the fire burning until dawn."

According to Xu Aihua, the factories of colorful clothing and the Tianyuan Sponge Factory are located in the Circles Economic Park of the Economic Development Zone of the Giantian County. The management agency is the Management Committee of the Guizhou Great Economic Development Zone. Tianyancha shows that the investors of the Tianyuanyuan Sponge Factory of Dajia County first invested 1.5 million yuan in 2015.

↑ On the night of the fire

The court sentenced the sponge factory to bear the liability for compensation

The defendant believes that the cause of the fire is unknown to refuse compensation

"The fire site is located on the northernmost side of the second floor of the sponge factory. The possibility of the fire caused by the failure of the electrical lines cannot be ruled out." This is the result of the investigation of the cause of the fire afterwards.

The fire accident identification of the fire accident issued by the Public Security Fire Brigade of Dajia County shows that at 3 o'clock on April 28, 2017, a fire occurred in the Zhongtianyuan sponge factory in Dafang County. Nature, children playing fire, lightning strikes, foreign flying fires, leaving fire, etc. caused the possibility of fire, and cannot rule out the possibility of fire failure caused by the fire. "According to the case of the accident, there was no casualties in the fire, but the loss of direct property was 538 More than 10,000 yuan.

↑ Fire Responsibility Confirmation

Xu Aihua said that due to the fire of the sponge factories, its clothing factory equipment and inventory products were burned, unable to restore production, and huge losses. The first instance judgment showed that Xu Aihua requested the court to judge that the Tianyuan Sponge Factory compensated the direct property loss of more than 1.55 million yuan and the loss of production and discontinuation due to the fire. The investors of the sponge factory be assumed the liability for compensation.

The Giant County People's Court officially filed a case on January 16, 2018. On March 16 of the same year, the Court of Fortune County held a public trial on the case of complaints in the colorful clothing and the dispute over a certain property damage compensation compensation and pronounced it on the same day. The court of first instance believes that the controversial point of the case is: Should the defendant's Tianyuan Sponge Factory be liable for compensation for the losses caused by the fire of the plaintiff's colorful clothing?

↑ The results of the first instance

The defendant first thought that the cause of the fire was unknown, so he refused to compensate. According to the first trial judgment, the defendant had no objection to the total amount of losses advocated by the plaintiff, but "The fire was in my factory building. The fire department was not clear about the fire accident. I believe that the cause of the fire is unknown, some people are due to the cause of the plaintiff, and I will not bear the liability for compensation. "

The court of first instance held that the plaintiff's property damage was caused by the spread of fire in the defendant's sponge factory. "According to the fire accident, the case involved in the fire was located in the factory building of the production and operation of Zhongtianyuan Sponge Factory. It was caused by a fire spread in the Zhongtianyuan Sponge Factory of Dafang County. "

At the same time, Zhongtianyuan Sponge Factory has a safety management responsibility for all property and facilities in the factory where it produces and operates, and there is a fault of poor management of the fire. "The loss of the colorful clothing due to the fire involved in the case, the Tianyuan Sponge Factory should bear the liability for compensation."

There may be artificial reasons for the defendant's claim that the fire occurs, and the court of first instance does not support it on the grounds that it has not provided evidence.

On March 16, 2018, the court of first instance decided that the defendant Tianyuan Sponge Factory compensated the plaintiff's colorful costume more than 1.79 million yuan.

The defendant insisted on appeal for many years

It is believed that the Economic Development Zone Management Committee should be responsible for the fire

The defendant did not accept the first trial judgment and appealed to the Bijie Intermediate People's Court. On August 9, 2018, the court of second instance determined that the basic facts were unclear, and the ruling was returned to retrial.

After the rebate of this case, Xu Aihua applied for an additional as the defendant on the grounds that the Management Committee of the Economic Development District and the case had a legal relationship. "Because the fire protection facilities had no water at that time, would they have to take responsibility if they were in the management errors of the Safety Supervision Department of the Economic Development Zone?" Xu Aihua explained to the Red Star journalist.

On November 14, 2018, after a heavy trial of the Giant County Court, it was still sentenced to more than 1.79 million yuan in compensation for the colorful clothing factories in the Tianyuan Sponge Factory. The investors of the sponge factory were assumed to be liable for compensation.

The judgment shows that a certain claim that "the fact that the owners of the factory involved in the case of the generous economic development district management committee did not fulfill their responsibility for the management of fire protection facilities, and they should bear the fault responsibility." In this regard, the People's Court of Dafang County believes that after the Geofeng Economic Development District Management Committee delivered the plant, the sponge factory installed the electrical lines by itself and was put into production after the production. Do your best to manage the fire protection facilities.

He did not accept the judgment first, and once again appealed to the Bijie Intermediate People's Court. On April 19, 2019, the Bijie Intermediate People's Court issued a final judgment to reject the appeal of the Tianyuan Sponge Factory and maintain the original judgment.

After the final judgment, Xianmou applied to the Guizhou Provincial High Court for retrial, but was rejected. (2020) The civil ruling of Qian Min Shen No. 3866 shows that the re -trial proposed by the Guizhou Provincial High Court of the Heavenly Court will not be supported, so the ruling rejected its re -examination application.

On August 19, Xu Aihua revealed to the Red Star reporter that since the incident in 2017, a certain did not compensate the losses of the clothing factory, "there is no point." However, Xu Aihua and other shareholders of the disabled have made livelihood difficulties due to the high debt of the fire. "I have owed more than 2 million foreign debts due to a fire accident. There will also be me one after another, "Xu Aihua said.

On June 21, 2019, with Xu Aihua's application, the Giant County Court began to enforce the Tianyuan Sponge Factory and Xianmou. Relevant execution documents show that on November 14, 2019, the Grand County People's Court issued a restricted consumption order on the Tianyuan Sponge Plant, and restricted its unit and the person in charge to make a high consumption. He was listed as a dishonesty due to "refusal to perform the implementation of the reconciliation agreement".

Soon, the court executed the procedure for the end of the case. The relevant enforcement ruling shows that "the implementation of the case in this case is more than 1.79 million yuan and the case acceptance fee is 1,8800 yuan, and it has not been implemented." On December 12, 2019, the People's Court of Fantastic County believed that the property investigation measures had been exhausted and the executed person had no property for execution.

↑ The defendant borrowed from the third party before Xu Aihua filed a lawsuit

The defendant claims to be unable to compensate for family difficulties

The device is transferred to relatives to repay the debt

"He (first) has some machinery and equipment in the after -fire factory, how can there be no property?" Xu Aihua said that he suspected that there was an act of evading implementation.

The reporter found that the above -mentioned machines and equipment of the Tianyuan Sponge Factory were seized by the court on August 9, 2019, but as early as August 10, 2017, it was priced at 800,000 yuan and transferred to the third person Ding Moumou. Essence

An execution ruling on the referee documents showed that the third person Ding Mou proposed an objection to the Giantian County Court on October 12, 2019, asking the court to lift the seal of the machinery and equipment of the Tianyuan Sponge Factory. The court found out that the above machines and equipment were used in 2017 with two civil mediation letters of (2017) Guizhou 0521 Minchu 3522 and No. 3526, and the price was transferred to Ding Mou. I owe 800,000 yuan in arrears. " It is worth noting that the time of the property in the factory at this price transfer is occurring a month after the fire accident identification book is released.

According to the above two civil mediation letters, on August 10, 2017, Ding will claim to the court on the grounds of civil lending disputes, saying that it will "write an IOU on October 1, 2015 and April 17, 2017. The method of "Xiang Xiangmou issued a principal of 1.2 million yuan, but Xianmou did not return it after the loan expires. Therefore, the court asked the defendant to repay the plaintiff's borrowing principal and interest in a total of 1.3 million yuan.

On the day of the court's case, the two parties reached a mediation agreement. The above -mentioned civil mediation letter showed that the defendant voluntarily transferred the equipment and raw materials of the equipment and raw materials of the Tianyuan Sponge Factory to the plaintiff Ding Mou for compensation for debt.

Ding's civil appealing shows that Ding provided the court with two discretion to prove the details of Xianmou's arrears.

The first copy of the debit showed that the first borrowed Ding Mou's cash was 500,000 yuan on October 1, 2015, and the people were present as the first east. At Ding Mou's cash of 700,000 yuan, the people present were the first east.

Xu Aihua questioned the authenticity of "two abruptly abroad".

Xu Aihua told reporters that after Ding's 2019 applied objection to the disagreement, he knew the existence of these two debit and civil mediation. Large -scale borrowing, and a lawsuit immediately issued a lawsuit three months after the second borrowing.

Regarding the civil loan lawsuit, Xu Aihua filed a sue to the Daquan County Public Security Bureau on June 2, 2021, saying that Xianmou and Ding were suspected of "false lawsuits". After reviewing the fact that the Public Security Bureau of Dajia County believed that the fact that the facts had no crime occurred and decided not to be paid.

On June 3, 2021, the Public Security Bureau of the Giant County asked Xianmou and Ding, respectively.

According to the inquiry transcript, the relationship between him and Ding was first called him "relatives". Both of them were written by himself. At that time, only the first east was present, "No one else knows it."

Regarding why Ding Mou borrowed money again without his first borrowing, he replied: "Ding Mou himself knows that if he does not borrow money to me, my factory may be closed. His The money is drifting. "

The reporter found that in the inquiry, Ding's answer was generally consistent with Xianmou.

On the afternoon of August 20th, by the phone recorded in the record, Red Star reporter contacted Xianmou. Sixou insisted that the Great Economic Development Zone Management Committee had a main responsibility for the fire accident. "When the fire occurs, the fire protection facilities in the development zone are not perfect, and the fire hydrant is not water. responsible."

For why the machine and equipment of the sponge factory is transferred to Ding, instead of compensating Xu Aihua, the first reply said that because Ding was also his creditors, the equipment was transferred to Ding because of Ding Mou, Prosecut me first, my device is him. "

After the court's judgment took effect, why did not compensate Xu Aihua for many years, it was said that it was difficult for my family life after the incident. Things, even walking hard. My wife has fallen into disability since childhood, and can only do some farm work at home. My biggest child is also disabled. "Xianmou revealed to reporters that he is currently working in a relative's factory to make a living." Monthly salary 2000 yuan, at least the minimum living security is not enough. I want to support my family or pay back? "

Regarding whether there is a plan for Xu Aihua's compensation in the future, I told reporters: "If I have the ability, I must pay it back."

Recently, Red Star reporters have called Ding Mou many times, and have unsuccessful. Xu Aihua and Xianmou also told reporters that they had no contact with Ding.

In the past, the "Star of the Disabled Persons Entrepreneurship" was rescued

"4 years of judicial rights protection have been exhausted"

On August 14th, on the mountain more than 10 kilometers away from home, Xu Aihua, 36, drank his own pesticide "high -efficiency chloride" and wanted to quietly end his life. He was found to be sent to the emergency department of the Emergency Department of the People's Hospital of Dajia County to rescue.

Recently, Xu Aihua revealed to the Red Star reporter's reason why he was born lightly. "In recent years, the case with Xianmou has been pressed in my heart. I prosecuted me, and the pressure of my loved ones ... so I couldn't think of it for a while, I made some extreme choices and hurt myself. "

Xu Aihua said that all the relief channels in the judicial procedure in this case have been exhausted, but they still cannot chase a penny compensation.

According to Xu Aihua, he was born in the poor family in the remote mountain village in Daquan County. At the age of 6, Xu Aihua had a high fever caused by a high fever and caused a paralysis of the right lower limb. Since then, his right leg has no force and is inconvenient to walk. Due to the discrimination and inconvenience of his classmates, Xu Aihua was forced to drop out of school on the second day of the first day and went to work in Guiyang.期间，徐爱华换了很多份工作，“那是一个非常困难的时期，一个农村人跑到大城市去，什么社会经验也没有。我也体会到作为残疾人很多不容易的地方。”2013年初， Xu Aihua returned to his hometown to start a business. In December 2014, Xu Aihua and friends of the disabled jointly established the Guizhou Colorful Ethnic Clothing Culture Development Co., Ltd. to provide employment opportunities for many local disabled people. According to the Guizhou Daily, the company was selected by the Guizhou Provincial Disabled Persons' Federation as the "Provincial Disabled Persons Entrepreneurship Employment Demonstration Point" in 2016. According to the official public account of the Guizhou Provincial Disabled Persons' Federation, Xu Aihua has assisted more than 1,000 poor disabled people, and in 2017, he won the second prize of the "Disabled Persons Entrepreneurship Star" contest in Guizhou Province.

After the fire five years ago, the colorful costumes were heavy and difficult to restore production. According to Xu Aihua recently to Red Star reporters, the clothing factory has disintegrated. In recent years, he has contacted a car repair plant and driving school in recent years. While maintaining his livelihood, he repaid the salary of the employees of the clothing factory. In 2021, all the arrears of wages were settled. "Xu Aihua said.

Nowadays, in order to pay debts, the house in the house is sold. There are few things left in the after -fire factory, and they have been sold for thousands of yuan. A mortgage loan of a mortgage loan was overdue for two months. "The four years of judicial rights defending rights, I have exhausted me, despair."

After Xu Aihua was rescued from the rescue of pesticides, the 13 -year -old daughter and her 10 -year -old son called him. He didn't answer. He felt ashamed. "I feel sorry for them. If I really die, (now I want to come), I still regret it. "

Regarding this unsuccessful compensation for many years, Xu Aihua showed reporters the determination to claim their claims.

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