At present, four demonstration activities are being carried out, including "Qilu Tianping Pioneer Post", "Judicial Model Court for the People", "Smart Court Demonstration Establishment" and "Fengqiao People's Court". In order to further strengthen the excavation and demonstration of typical examples, the WeChat public account of Jimo Court launched a special column of "Four Creations" activities, focusing on the relevant practices and results of the "Four Creations" demonstration activities of Jimo Court.
Today, through a traffic accident case, we understand the story of "justice for the people" behind the judge's adherence to the concept of justice for the people, the settlement of criminal incidental civil compensation, and the repair of social relations.
"All our relatives are very satisfied with the outcome of the case, which fully reflects the concept of the people's court of justice for the people, and through this case, we deeply feel the authority and sacredness of the law." This is the true feelings of the family of the victim of a traffic accident in a letter of thanks.
Han, who was retrograde on an electric bicycle at night, collided with Su, who rode an electric bicycle home, causing Su to suffer craniocerebral injury combined with multiple injuries to the whole body, and died after being in bed in a coma for half a year. Han bears the main responsibility for the accident. In the end, the public prosecution instituted a public prosecution on the grounds that defendant Han committed the crime of causing a traffic accident, and the family of the victim Su filed a criminal incidental civil lawsuit at the same time.
Contracting judge: Zhang Haojie
During the trial and deliberation, Zhang Haojie, the judge who undertook the case, said: "The facts of this traffic accident case are clear, and the evidence is true and sufficient, but we cannot make a judgment." The victim had no spouse or children, and was in a coma and bedridden for a long time after the incident, which cost a lot of money. Before his death, the victim filed a civil lawsuit demanding that Han pay medical expenses and other expenses, and although he won the lawsuit, Han did not perform. Now that the victim's brother and sister have filed an incidental civil lawsuit in this case, Han is likely to be incapable of performing. And he is driving an electric bicycle, unlike motor vehicles with insurance support, if we directly judge, the incidental civil part may be difficult to enforce in place, although the case is small, we still have to work hard to promote a settlement. With years of experience in handling cases, Zhang Haojie formulated a detailed mediation plan after comprehensive analysis and the actual situation of the parties. After more than half a month of multiple rounds of mediation and interpretation of the law, the two sides went from saber rattling and silent to discussing a compensation plan that could calm their emotions, and finally the defendant sincerely repented, the two parties reached a settlement agreement, and Han promptly paid the victim's relatives after pooling money. In view of the defendant's voluntary surrender, voluntary admission of guilt and punishment, and forgiveness for compensation, the court sentenced Han to 10 months' imprisonment with one year's probation for the crime of causing a traffic accident. Han served the verdict in court.
"The French Open shows great love with tenderness, and benevolence works for the people." After the verdict was announced, the victim's relatives insisted on going to the court to present pennants and thank-you letters, but the judge still mailed the thank-you letters to the court after repeated refusals. A traffic accident brought infinite pain to the two families, and the tragedy was irreparable, but the judge implemented the concept of active justice, and used patient communication and fair judgment to make the injured family feel the temperature of justice.
Contribution: Wang Fangxian
Editor: An Shed|Producer: Han Yan
Reviewed: Zou Yuanyuan