According to the current laws of our country, this case belongs to the product quality problem, because there is something wrong with the quality of the houses built by craftsmen, which has caused serious losses to the owners.
According to the principle of fault, the craftsman must be at fault, and the craftsman should be responsible for compensating the loss of the homeowner. The specific amount of loss can be calculated with reference to the standard of personal injury compensation, which probably includes death compensation, funeral expenses and mental damage compensation. Of course, depending on the situation, it may also involve the living expenses of the dependents.
Of course, in this process, it may be necessary to identify the specific reasons for the collapse of the house and determine the fault ratio of the craftsman according to the identification.
This is probably the status quo of our country.
But if the same thing is put in ancient times, the result may be completely different.
For example, if this case is placed in the ancient Babylonian kingdom after 4000 years, it will have a completely different result, which may be ridiculous to us.
I even wonder how they could be so stupid.
At that time, King Hammurabi of Babylon handled a similar case.
And the result?
King Hammurabi thought and thought, and finally decided that the craftsman's son would compensate the merchant's son. In other words, because of the craftsman's mistake, he finally decided to execute the craftsman's son, and the craftsman's son had nothing to do with it.
In our view, this is absurd, illogical and barbaric.
However, Hammurabi had his own reasons. His reason is that because the craftsman's fault caused the businessman to lose his son, then the craftsman should also feel the pain of losing his son.
In fact, this is also an extremely important principle in ancient Babylonian law-a tooth for a tooth and an eye for an eye.
"If people break other people's bones, they break other people's bones."
This principle comes from code of hammurabi, a code named after the king, which is the most famous code in ancient history.
Some people will think that our construction of the rule of law is not good, just like their own children, and they always think that the children in the neighborhood are really nice, even if they have only one arm, they all look like Yang Guo.
In fact, before looking back, we will feel the progress now, just like sitting on a rocket.
Think of ancient Babylon. If the quality of the houses built is defective, they will have to pay the price of their son's life. Where do craftsmen argue? The reason is simple. He shouldn't complain every day.
Of course, Babylon was 4000 years ago.
Let's take a closer look, not before the reform and opening up, but 20 years ago, that is, around 2000.
I remember when I was in high school, because I played all day, my academic performance was poor. Because of poor grades, I continue to play all day and enter a cycle, which is difficult to extricate myself.
It's no fun playing all day. Teacher Yu Qian likes drinking, smoking and perming, but we don't like perming, so we modified it slightly-drinking, smoking and fighting.
Those people fight almost from time to time, because I can't fight, I can only take care of my clothes, and sometimes I get hurt.
If you fight now, as long as you get a minor injury, you will basically wait to go to the detention center, or lose money and stop playing, or you will have to go to prison for about a year.
At that time, it was different, completely different. At that time, it was basically like this:
Both sides were injured, so they went to the hospital to heal and continue to fight.
If only one party is injured, the winner will pay for the treatment. After leaving the hospital, the two sides will continue to fight.
Almost no one called the police anyway. At that time, everyone believed in the truth that what they could solve would never cause trouble to the government.
It can be seen that the public security situation ten years ago will be worse.
Looking back at our present situation, we have actually made a lot of progress.
Without contrast, there is no harm.
Just looking at today's legal environment, there are indeed many shortcomings, and these places need to be further improved.
If you have just been hurt by the bad rule of law, you will complain more about the government, thinking that the law only protects the powerful and never takes into account the feelings of those who have no right or money.
Actually, it's not exactly like this.
Compared with the past, such as the ancient west mentioned above, even if it is only 20 years.
You will find a very important question:
The society we live in today is much better than Babylon, an ancient civilization.
Even compared with 20 years ago, our current legal system construction is still a rocket.
If time goes by, I believe that in 10 years, 20 years will be better. Let's look forward to a better tomorrow.
Of course, please do me a favor-I think the article is useful, please like it and forward it, thank you! Author: Zou Yujie, lawyer, founder of criminal defense in Chapter 9; Jin Yatai's excellent criminal defense lawyer; Deputy Director of Asia-Pacific Institute of Criminal Justice Goal: Save 100 lives after 20 years of poverty.