"Doctors have been advising him to go for surgery, but he has always said that if he does not have the money to do the operation, this leg may be completely abolished" On July 9, 2017, Xiao Chen, who was only 21 years old, came to Suzhou from his hometown of Xuzhou, Jiangsu Province, planning to find a job. At the party with his friend Xue Moufei, Xiao Chen was innocently involved in a dispute between Xue Moufei and others. This unexpected accident not only caused Xiao Chen to be seriously injured and disabled, but also caused him to owe up to more than 120,000 yuan in medical expenses and face the dilemma of being sued by the hospital.
Unfulfilled promises of compensation
Before the accident arrived, at the intersection not far from where Xiao Chen and his friend Xue Moufei were eating, several young people came up and down in a car, and the leader was Zhu Mouzhi, the owner of the car. Because Xiao Chen's friend Xue Moufei did not refuel the motorcycles of Zhu Mouzhi and others, the two sides have had many physical conflicts during the day. In the evening, Zhu Mouzhi and others came to Find Xue Moufei with knives, and Xiao Chen, who did not know the cause, fled the scene with his friends and was beaten. Admission records show that Xiao Chen was stabbed in the right thigh by a knife, causing multiple ruptures in the right femoral vein and rupture of the right femoral artery branch, constituting a second-degree serious injury. The incident left Xiao Chen disabled and incured nearly 300,000 yuan in medical expenses.
After that, Zhu Mouzhi said that he alone compensated Xiao Chen and bear part of the medical expenses. Xiao Chen wrote a letter of understanding on August 18, 2017, to understand the behavior of Zhu Mouzhi and others. The two sides negotiated and agreed that in addition to the 35,000 yuan of medical expenses paid by Zhu Mouzhi in the early stage, he voluntarily paid Xiao Chen 210,000 yuan in compensation and more than 120,000 yuan in medical expenses.
On the same day, Zhu Mouzhi paid Xiao Chen 130,000 yuan in compensation, and the remaining 80,000 yuan compensation was written by Zhu Mouzhi, promising to pay it off before August 23, 2017, and the medical expenses of more than 120,000 yuan were also stated in the IOU, which will be paid in three installments before July 31, 2019. Because the two parties had reached a compensation agreement, Xiao Chen did not file a criminal incidental civil lawsuit during the court trial of the case.
On December 12, 2017, the Xiangcheng District People's Court of Suzhou City, Jiangsu Province, rendered a judgment on the case, sentencing defendant Zhu Mouzhi to one year and six months in prison for intentional injury. After the verdict of the case, Zhu Mouzhi and others went to prison to serve their sentences, but the compensation was not paid for a long time. After Zhu Mouzhi was released after completing his sentence, Xiao Chen could not contact him.
After Xiao Chen's right foot was disabled, it was difficult to engage in work to maintain his life. Because he owed the hospital more than 120,000 yuan in medical expenses, Xiao Chen was still facing the dilemma of being sued by the hospital, and he had no money for follow-up treatment.
The disabled father trekked 400 kilometers in search of help
Through a lawyer, Xiao Chen's father learned that he could seek help from the procuratorate. Xiao Chen's father had a crushing fracture of his left foot due to a car accident, constituting a second-degree disability. Despite this, he dragged his second-degree disabled left leg and traveled more than 400 kilometers to the Xiangcheng District People's Procuratorate in Suzhou City, Jiangsu Province.
The 12309 procuratorial service center has the responsibility of uniformly accepting mass accusations, complaints and reports, reviewing cases, and other matters, and the procurator of the center first visited Xiao Chen's father. After understanding Xiao Chen's father's appeal, the procuratorate decided to help Xiao Chen protect his interests through civil litigation.
The procurator assisted Xiao Chen in preparing documents and materials such as the application for support for indictment and the civil complaint, and made a list of evidence needed for the litigation for him, so that Xiao Chen could prepare relevant evidentiary materials. After that, Xiao Chen came to the Xiangcheng District People's Court in Suzhou City, Jiangsu Province, to file a civil complaint, demanding that Zhu Mouzhi pay more than 200,000 yuan in medical expenses and compensation. At the same time, the procuratorate issued a "Letter of Support for the Indictment" to the court.
On January 17, 2020, the Xiangcheng District People's Court of Suzhou City, Jiangsu Province, decided that the defendant Zhu Mouzhi paid the plaintiff Xiao Chen 205,258.21 yuan in compensation within 10 days of the effective date of the judgment. Surprisingly, after the court's judgment, Zhu Mouzhi could not be contacted again.
Only a day later, the police discovered Zhu's whereabouts in a bar brawl case. On the evening of January 18, Zhu Mouzhi and his companions clashed with the bar staff, and Zhu Mouzhi beat the bar manager to a slight injury. Two months later, the police arrested Zhu Mouzhi.
Prosecutors learned that Zhu Mouzhi had no enforceable property and that he was detained again for fighting and brawling, meaning that he could not work in recent years. Zhu Mouzhi had little hope of repaying the arrears, and Xiao Chen's compensation payment was once again disappointed.
Procurators visited three times to do practical things for the masses
Xiao Chen is disabled with his father, Xiao Chen has a 5-year-old daughter born out of wedlock, and there is a nearly 80-year-old man in the family, and Xiao Chen is poor due to the case. After assessing and considering the relevant situation, the procuratorate successively applied for two judicial aid payments for Xiao Chen.
The first relief payment was applied for by Xiao Chen with the assistance of Xiao Chen by the People's Procuratorate of Xiangcheng District of Suzhou City, Jiangsu Province, and a total of 15,000 yuan was issued on May 6, 2020. The second relief payment was jointly applied for by the People's Procuratorate of Suzhou Municipality, Jiangsu Province and the People's Procuratorate of Xiangcheng District of Suzhou City, Jiangsu Province, and a total of 100,000 yuan was issued on November 3, 2020.
In order to confirm the specific difficult situation of Xiao Chen's family and facilitate more assistance to him, the procurator decided to visit Xiao Chen's family in Suining County, Xuzhou City, Jiangsu Province.
On May 19, 2020, prosecutors from the Xiangcheng District People's Procuratorate in Suzhou City, Jiangsu Province, conducted their first visit. During this visit, the procurator learned about Xiao Chen's leg injury and treatment, and at the same time, the procurator also went to the local neighborhood committee to assist Xiao Chen in applying for a disabled person's certificate. In this way, Xiao Chen can receive a few hundred yuan of subsidies every month, which can alleviate some of the pressure of life.
On November 16, 2020, after Xiao Chen received a judicial aid of 100,000 yuan, the procurator of the Xiangcheng District People's Procuratorate in Suzhou City, Jiangsu Province, visited him for the second time and learned that Xiao Chen was contacting the hospital for leg surgery.
On June 18, 2021, prosecutors from the Suzhou Municipal People's Procuratorate in Jiangsu Province, the Xiangcheng District People's Procuratorate in Suzhou City, Jiangsu Province, and the Suining County People's Procuratorate in Xuzhou City, Jiangsu Province, jointly went to Xiao Chen's home. They learned that Xiao Chen had gone to the hospital for an operation and needed further treatment. In addition, the prosecutor also assisted Xiao Chen's family in solving the problem of settling down their daughter born out of wedlock, so that she could enroll at the appropriate age stage.
The procurator's assistance and visits have effectively safeguarded Xiao Chen's interests and solved the problems and difficulties of Xiao Chen's family to a large extent. It is believed that Xiao Chen, whose legs are gradually restored to health, will continue to move forward step by step on the road of life in the future.
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Q1: After Xiao Chen was injured, his compensation payment was not in place for many years. Now that the procuratorate has decided to help him, first of all, to support him in filing a civil lawsuit, is there a legal basis for this?
A1: Article 15 of the Civil Procedure Law of the People's Republic of China stipulates that organs, social groups, enterprises and public institutions may support the injured unit or individual in filing a lawsuit with the people's court for acts that harm the civil rights and interests of the state, collectives or individuals. Procuratorial organs' support for prosecution is an important embodiment of procuratorial functions in the new era, and it also shows the feelings of procurators for the people. From a practical point of view, the cases supported by the procuratorial organs for prosecution mainly include two categories, one is the case that infringes on the interests of the state and the social public interest; the other is the case that infringes on the interests of vulnerable groups such as migrant workers. In the second type of case, these vulnerable groups do not dare or cannot file a lawsuit due to economic difficulties and other reasons, and they need the support of the procuratorial organs.
Q2: After supporting Xiao Chen's lawsuit, what is the role of the procuratorate? A2: Article 15 of the Civil Procedure Law of the People's Republic of China does not have very clear provisions on this, and it is constantly explored in practice. Judging from Article 11 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Environmental Civil Public Interest Litigation Cases, procuratorial organs mainly support prosecution through three channels, including providing legal advice, submitting written opinions, and assisting in investigation and evidence collection. The procuratorial organ may guide the parties to collect evidence, and in special circumstances, if the parties are unable to collect evidence for objective reasons, they may also apply to the procuratorial organ to investigate and collect evidence. For other types of support prosecution cases, there are no clear provisions in laws and judicial interpretations, but this provision can be referred to. Q3: What functions does the law entrust to the procuratorial organs?
A3: The Constitution of the People's Republic of China clearly states that the procuratorial organ is the legal supervision organ of the state, and under this positioning, the procuratorial organ has many important functions. We are usually more familiar with the function of punishing and preventing crime, in which the prosecution can conduct investigations, approve arrests and prosecute. In addition, the procuratorate also plays a number of important functions in civil cases, first, to support the prosecution of civil cases, which has been well reflected in our program; second, to initiate civil public interest litigation; and third, to supervise civil trials.
Q4: In addition to the procuratorial organs, in what links can people like Xiao Chen who need help seek help from which departments and organs?
A4: The protection of vulnerable groups is a matter of great concern to our law and society. There are many ways for vulnerable groups to seek help, such as village committees, neighborhood committees, women's federations, trade unions, judicial offices, etc. As far as the parties in legal disputes are concerned, in addition to seeking help from the procuratorial organs, there are two main ways, one is people's mediation, and the other is legal aid. Legal aid is a system of providing legal services free of charge for groups with difficulties in life, which allows parties to obtain legal assistance free of charge, such as legal advice, case representation, criminal defense, etc.
Source | CCTV said today