Reasonableness and acceleration of reconciliation

Narrator: Liu Yuanlong

Unit: Licang District Procuratorate, Qingdao City, Shandong Province

Position: Director of the Fifth Prosecutorial Department

Testimonials: The "two modernizations" handle and realize the dual understanding of the heart

"In order to bring about reconciliation between our two sides, the prosecutor has really worked hard." Recently, the petitioner Zhang Mou came to our hospital, expressed his agreement to mediation, and thanked me.

From 2014 to 2016, Wang borrowed more than 5 million yuan from Zhang due to the needs of operating capital turnover, during which he returned more than 2.5 million yuan of principal and interest, and there are still more than 2.6 million yuan unpaid. In August 2016, Because Zhang could not contact Wang, he reported the case to the public security organs on the grounds that Wang was suspected of fraud.

After the public security organ filed the case, Wang was released on guarantee pending further investigation, and later held that Wang did not constitute a criminal revocation case. Zhang did not recognize the results of the handling, and has reflected the situation to the Supreme People's Procuratorate, provincial and municipal procuratorial organs and relevant political and legal units 18 times, requesting that relevant personnel be held accountable. In January 2021, Zhang applied to the Licang District Procuratorate of Qingdao City, Shandong Province for case filing supervision.

After accepting the case, I reported the case situation to the court, and our hospital set up a special class for resolving the backlog of cases, and the chief procurator Wang Tingxiang put forward the requirements for the special class to handle the "two modernizations": The case-based handling of petition cases should be "case-based", and it should be standardized from acceptance to reply; At the same time, to achieve "petitioning" handling, we cannot simply reply to the case just by making a decision to support or not support it, but also interpret the law and reason in light of the specific circumstances of the case.

Through careful reading of the case file, we reviewed the facts and evidence of the case, analyzed the whereabouts of the funds, verified whether the truth and fictitious facts were concealed, and whether there was any intention to commit fraud, and finally found that there was no evidence to prove that Wang had the intention to commit fraud. Moreover, during the investigation, it was found that Wang had two cases of land under his name and had the ability to repay the loan, so he made a decision not to support the application for case filing and supervision. In order to resolve Zhang's knot and ensure that the case is closed, we decided to adopt the work idea of win-win reconciliation.

Based on the field investigation, with the direction of dispute resolution and the purpose of resolving the debt problem of the two people, I promoted the resolution of this case. To this end, I contacted Zhang many times and visited him to listen to his voice, understand his appeal, and analyze the case with my heart. At the same time, I also took the initiative to find Wang Mou and explain to him the stakes between repayment and non-repayment, prompting him to raise funds to repay as soon as possible.

The heart is calm, and the knots are naturally easy to unravel. Reasonable and economic to accelerate the pace of settlement, Wang provided proof of repayment ability, and promised to return in three installments, direct transfer payment when signing the settlement agreement, and took the initiative to add a default clause in the agreement, releasing sincerity to Zhang, and Zhang also made some concessions accordingly. In the end, the two parties reached a repayment agreement and returned 600,000 yuan on the spot. At this point, this petition case, which had lasted for several years, was successfully resolved.

(Compiled by Guo Shuhe, reporter of this newspaper)