"Handling a case is the life of a party"

Fujian Rule of Law News - Straits Rule of Law Online February 10, 2021, Ningde City procuratorial organs handled a total of 238 civil supervision cases, an increase of 25.3% over the same period last year. Among them, 9 cases were submitted to the procuratorate at a higher level for protest, 3 cases were protested, 5 procuratorial suggestions for retrial were issued, and 11 cases were retried and sentenced. 47 procuratorial suggestions were issued for civil enforcement, trial procedures, comprehensive management, etc., all of which were adopted and corrected...

Behind this magnificent "report card", it is inseparable from the civil procuratorial department of the Procuratorial Organs of Ningde City in conjunction with the study and education of party history and the education and rectification of the political and legal contingent, and in accordance with the requirements of the party group of the Municipal Procuratorate to "comprehensively use relief to handle cases of appeals for the interests of the masses in difficulty, and the civil procuratorate does not slacken off", promote the deep integration of civil procuratorial functions with practical affairs for the people, promote accurate judicial supervision, and use heart and soul to solve the "urgent, difficult, and anxious" worries that have a bearing on the vital interests of the masses, and effectively enhance the people's sense of gain, happiness, and security.

【Case 1】

A reminder that she solved the debt problem of her deceased husband

The party, Ms. Lin, could not have dreamed that a reminder from her friend at the beginning made her apply to the procuratorate for supervision, and really solved the problem.

It turned out that Ms. Lin's husband, Mr. Xie, had taken out a loan insurance policy at the Xiapu branch of an insurance company before his death, and did not inform his family of the insurance matters. Later, Xie Moumou died, and Ms. Lin learned about the insurance. When appealing to the court to claim compensation, her claim was rejected because Ms. Lin and other family members failed to prove that the insured, Xie X, died unexpectedly.

After the verdict took effect, Ms. Lin was confused. When she was about to give up, her friend told her that she could apply for procuratorial supervision, and she approached the Kasumigaura County Procuratorate with the mentality of trying it out.

After the Xiapu County Procuratorate accepted the case, it submitted a counter-appeal to the procuratorate at a higher level. After review and verification, the Ningde Municipal Procuratorate filed a protest on the grounds that the insurance company was at fault for not verifying the health status of the insured Xie X when signing the insurance contract, that the family member Ms. Lin and others were not at fault for cremating the body without knowing that Xie X was insured, and that the cause of death could not be ascertained, the insurance company should bear part of the burden of proof.

The court adopted the procuratorial organ's counter-appeal opinion and changed the judgment of the insurance company to compensate Ms. Lin and others 200,000 yuan in accordance with the principle of the proportion of fault, and solved the debt problem that weighed on Xie Moumou after his death. Ms. Lin was extremely grateful and in November 2021, she sent pennants to the procuratorates of Xiapu County and Ningde City to express her gratitude.

【Case 2】

Protest according to the post, and recover tens of millions of yuan of losses for the village collective

In August 2021, a stone that had been pressed in the hearts of the villagers of Mashan Village and Guanjing Village for 4 years finally landed. In a civil retrial case in which the procuratorial organs of Ningde City protested ex officio, the court changed its judgment and recovered nearly 10 million yuan in losses for the village collective.

In 2014, the village committees of Mashan Village and Guanjing Village signed a cooperation agreement with a real estate company to cooperate in development and construction projects in the form of village reserved land provided by the village committee and development and construction funds provided by the real estate company. Later, because the above-mentioned reserved land was publicly auctioned by other entities, the contract could not be performed, and the court found that the village committee was in breach of contract and ordered it to pay the company more than 13.79 million yuan in losses in upfront operating expenses.

The amount of money involved in the case was large, involving the loss of collective interests of the village, and the masses reacted strongly, petitioned from many parties, and applied to the procuratorate of The Jiaocheng District of Ningde City for supervision. The Procuratorate of Jiaocheng District of Ningde City submitted a protest from the Ningde City Procuratorate.

After review, the Ningde Municipal Procuratorate found that there was evidence that the village committee had fulfilled its obligation to clearly state to the relevant departments that the parcel of land must be listed for trading in the form of a cooperative development project. The plot was eventually auctioned off publicly, and the village committee was not at fault. Moreover, the case involved the issue of the collective interests of the village, which concerned the vital interests of each villager, and must be resolved in a timely and proper manner to facilitate the resolution of the contradiction, so the Ningde Municipal Procuratorate decided to file a protest in accordance with its authority.

The court adopted the procuratorial organ's counter-appeal opinion, and after the retrial, it held that both parties were not at fault for the inability to perform the cooperation agreement. However, the land requisition, demolition compensation, and preliminary project costs claimed by the company are necessary expenses, and in accordance with the principle of fairness, the village committee was re-sentenced to pay the company a total of more than 4.17 million yuan and interest. So far, this civil dispute case, which has lasted for nearly 4 years, has come to a successful end.

【Case 3】

Explain the law and reason, and resolve the 23-year grudge between the two parties

As the last link for parties to seek judicial remedies, civil procuratorial supervision often has deep grievances, and procuratorial reconciliation work faces greater difficulties and challenges. In May 2021, the Ningde Municipal Procuratorate handled the dispute over the loan contract between Yu Moujia and Yu Mouyi, which is this type of case.

The contradictions between the parties in this case have been backlogged for 23 years, and antagonistic emotions have accumulated continuously. In order to avoid the contradictions from continuing to intensify and causing endless litigation fatigue, procurators, on the basis of full investigation and verification, patiently and meticulously carry out the work of explaining the law and reasoning, prompting the two sides to take the initiative to make concessions, and laying a good foundation for resolving the contradictions.

At the same time, the procurator held a hearing, gave the parties sufficient time to conduct full dialogue and communication, and invited a retired procurator who was familiar with both parties to participate in the mediation of the case, which finally promoted mutual understanding and mutual accommodation between the two sides, reached a settlement, and stopped the lawsuit and visit, realizing the transition from "not letting" to "giving in" to "giving in", and using "reason" to resolve "resentment".

"Handling a case is the life of a party. To strengthen civil procuratorates, the requirements for the professional level of civil procurators are very high. The relevant person in charge of the Ningde Municipal Procuratorate said. To this end, the procuratorial organs of Ningde City have placed the construction of the civil procuratorial team in an important position, established a case-handling team or a special post, and equipped with a strong civil procuratorial team. Through the development and participation in business competitions, further improve the legal supervision capacity of the civil procuratorial team.

It is worth mentioning that in 2021, 13 cadres and policemen of the procuratorial organs of Ningde City stood out in the provincial and municipal civil procuratorial business competitions, and won the honorary titles of pacesetter and expert respectively. At the same time, carry out "one-on-one" pairing and support activities for post procurators and young procurator assistants, give full play to the leading and exemplary role of outstanding talents, and promote and promote the improvement of the overall quality and case handling level of the civil procuratorial team.

(Reporter Wang Qifeng, special correspondent Feng Meiying)