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This article is the original manuscript of Fangyuan magazine, and it is forbidden to reprint without authorization
Time can remember everything, or it can forget everything. As soon as the bell rang for the New Year 2024, I received 3 congratulatory text messages from the same person in a row. If it weren't for the three words "Mu Dasheng" signed at the end of the text message, I would have almost forgotten him among the hundreds of visitors I contacted.
One day in March 2021, three people suddenly entered the reception hall of the 12309 Procuratorial Service Center in a hurry.
I hurriedly poured water, invited them to sit, and settled the people, and the middle-aged man opened the conversation box first: "Look, my daughter is two months away from turning 7 years old, and the police station won't give her a household registration and can't go to school, can you help?"
The middle-aged man's name is Mu Dasheng, he is in his early 40s, not tall, with a loud voice, his short and thick fingers pinching a stack of materials, and his face is full of anxiety and anxiety.
The little girl standing in front of Mu Dasheng was his daughter, named Yueyue, more than 6 years old, with a pair of pigtails on her head, her eyes flickering, and a small hand dragging the horns of Mu Dasheng's clothes. The middle-aged woman sitting next to Mu Dasheng is called Luo Cuihua, who is his "wife", with a wooden expression, but a pair of eyes asking for help are obvious.
I took the materials and read them carefully, and finally understood the reason why the police station did not register Yueyue. It turns out that Mu Dasheng and Yueyue have a non-biological father-daughter relationship, to put it bluntly, Yueyue is not Mu Dasheng's biological daughter.
It turned out that Mu Dasheng was a native of Wanzhou District, Chongqing City. Due to the early death of his parents in the family, after the four brothers separated, Mu Dasheng went to Wenzhou, Zhejiang Province to work.
In June 2011, Mu Dasheng, who was close to the age and had been single, met the wandering Luo Cuihua. With the help of others, the two lived together.
After getting along for a short time, Mu Dasheng found that Luo Cuihua's reaction was a little sluggish, and she often lost everything, and when she asked Luo Cuihua about her family situation, she couldn't say clearly. Once, he found Luo Cuihua's third-level intellectual disability certificate from the belongings she was carrying.
Mu Dasheng planned to let Luo Cuihua leave, but Luo Cuihua didn't do it and cried incessantly. Mu Dasheng's heart softened suddenly, and he decided to let the hard-working Luo Cuihua follow him first, and at the same time help her find her family, but it has been unsuccessful.
Later, Mu Dasheng also found out that Luo Cuihua had registered her marriage with a deaf-mute man in a village in Wenzhou City, and then ran away from home because she was not abused by the deaf-mute man. In August 2014, Mu Dasheng led Luo Cuihua back to his hometown and gave birth to his daughter Yueyue.
Time passed day by day, and Xiao Yueyue grew up day by day. In 2018, Mu Dasheng went to the police station to register Yueyue, because Mu Dasheng and Luo Cuihua did not have a marriage certificate, they must hold a paternity certificate to apply for a household registration. Who knew that the results of two paternity tests showed that Mu Dasheng and Yueyue had a non-biological father-daughter relationship.
Mu Dasheng couldn't accept this fact at first, since Yueyue was born, he has been responsible for taking care of and raising him, and the two have a deep relationship.
Besides, Yueyue is smart, well-behaved and sensible, and everyone loves her, and Mu Dasheng loves her very much. Seeing that Yueyue had reached school age, Mu Dasheng was anxious, and ran to villages, towns, police stations, district women's federations, district letters and visits offices and other departments many times, but to no avail.
Although Mu Dasheng's marriage is not protected by law, and the parents are at fault, the child is innocent. I simply believe that all Chinese citizens should have a hukou and a place to stay. "Apart from 'love,' the most beautiful verb in the world is 'help.' ”
Therefore, I first reported the situation of the visit to the leaders of the court, and the court decided to set up a joint investigation team, and I cooperated with Xiao Liu, the prosecutor of the Juvenile Procuratorial Office, to coordinate with the relevant units to see if the problem of Yueyue's household registration could be solved.
After Mu Dasheng left his contact number, I first asked him to take his family home and wait for news. Next, we develop a work plan, determine the work steps, and find a breakthrough to solve the problem.
According to the regulations, the child's household registration can follow the father or the mother, since Mu Dasheng is not Yueyue's biological father, can't he settle down if he finds Yueyue's biological father? But who is Yueyue's biological father? Only Luo Cuihua knows. So, Xiao Liu and I drove to Mu Dasheng's house, wanting to get a clue from Luo Cuihua.
Because of the privacy involved, we also invited the village women's director to accompany us, and we asked Luo Cuihua alone, but she never answered who Yueyue's biological father was, only that she was pregnant while living with someone while working in Wenzhou.
Hope turned to disappointment, but we were not discouraged. After some discussion, we decided to transfer Yueyue's household registration with her mother to Luo Cuihua's place of origin. Therefore, in the name of the unit, we sent a letter of investigation assistance to the Ruian Municipal Procuratorate and the Ruian Municipal Public Security Bureau in Zhejiang Province, hoping to find Luo Cuihua's family.
The other party quickly replied, confirming that Luo Cuihua registered her marriage with a deaf and mute man in a village in Ruian City, and because Luo Cuihua was often beaten by her husband, she ran away from home in 2011 and has not returned. Later, due to the adjustment of administrative divisions, the police were unable to find out Luo Cuihua's household registration and family situation before marriage.
Although the local police came to his home many times to do work, the deaf-mute man still did not want Yueyue to settle down in his house, and Luo Cuihua refused to return to the deaf-mute man. At this point, Yueyue's settlement problem is in trouble.
What should we do? It doesn't matter if our hard work is in vain, the key is that we can't face the longing eyes of Mu Dasheng and Yueyue.
In July 2021, the heat was unbearable. In order to solve the problem of Yueyue's settlement, Xiao Liu and I went to the Wanzhou District Civil Affairs Bureau, the Public Security Bureau, the court, the Women's Federation and other units to negotiate solutions. Everyone was very sympathetic to Yueyue's experience and actively offered advice.
According to the law, Luo Cuihua is the first guardian of her daughter Yueyue, and Luo Cuihua suffers from intellectual disability, so we decided to conduct a judicial appraisal of Luo Cuihua's civil capacity first, determine Luo Cuihua's guardian, and then change Yueyue's guardian, so as to achieve the purpose of registering for Yueyue.
If you think correctly, your work will go smoothly. With Luo Cuihua's consent, we did a forensic appraisal for her. In September 2021, the Chongqing Yudong Judicial Appraisal Center issued a "Judicial Appraisal Opinion", confirming that Luo Cuihua was a person with no capacity for civil conduct due to moderate mental retardation. Next, Xiao Liu and I rushed to Mu Dasheng's hometown again, found the villagers and village cadres to investigate, and confirmed that Luo Cuihua lived here all the year round and had already become a member of the village.
The village committee is willing to file a lawsuit with the court, applying for Luo Cuihua to be recognized as a person with no capacity for civil conduct and to appoint a guardian for her. Subsequently, our court hired a lawyer for the village committee, and the lawyer drafted legal documents and appeared in court as an agent.
At the beginning of September 2021, the legal documents of our court supporting the lawsuit of the village committee were served to the Wanzhou District Court, and on September 18, the Wanzhou District Court ruled that Luo Cuihua was incapacitated for civil conduct and appointed Mu Dasheng as his guardian.
Yueyue's account registration is moving forward step by step as planned. But time waits for no one, the bell for the start of school on September 1 rang on time, and Yueyue came to our hospital for help with tears in her eyes because she couldn't enter the school. The prosecutor of the non-prosecution department of our hospital immediately came forward to find the relevant units to clarify the situation and explain the reasons, and finally Yueyue, like other children, happily stepped into the school gate.
On October 25, 2021, with the legal assistance we provided, Mu Dasheng applied to the Wanzhou District Court to change Yueyue's guardian. In December of the same year, the Wanzhou District Court ruled that Yueyue's guardian was changed to Mu Dasheng.
In January 2022, Mu Dasheng went to the local police station to register Yueyue's household registration under his household registration with the court judgment. So far, this petition case involving multiple departments in Chongqing and Zhejiang, which lasted for more than three years, has finally come to an end, and the problem of Yueyue's settlement has been completely resolved. Yueyue has returned to normal life, and her legal rights have been effectively protected.
In February 2022, Mu Dasheng signed a letter of commitment to settle the lawsuit and expressed his gratitude to the Second Branch of the Chongqing Municipal Procuratorate, saying that he would also use his experience to tell others how the procuratorate does practical things for the people and does good things for the people.
Yueyue finally settled down, Mu Dasheng's family of three eliminated a piece of heart disease, their tightly knit brows relaxed, and we also felt incomparable joy and happiness in our hearts. (Author's Affiliation: The Second Branch of Chongqing Municipal Procuratorate)
The original title of this article magazine: "The little girl finally has her own hukou"
Editor丨Xiao Lingyan, Fang Jiajia, Design丨Liu Yanwen丨Mu Lunxiang
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