Yangzi Evening News Network, 13 July (Correspondent Luo Chengrui, Chen Bing, reporter Liu Liu) "The case is closed," not "the case is closed," and this is the ultimate pursuit of the judicial organs in handling cases. In the process of receiving and accepting petitions, the Nanjing Municipal Procuratorate has used third-party forces to carry out legal interpretation and reasoning, explored the form of simple hearings, and substantively resolved contradictions, achieving remarkable results. Their experiences and practices deserve to be summarized and promoted.
There is no need for complicated procedures and hearing procedures, only two or three hearing officers are needed, and the procurators of the Nanjing Municipal Procuratorate's Visiting Center can quickly organize a simple public hearing, fully listen to the opinions of petitioners in the reception and acceptance process, and use third-party forces to explain the law and reason. Judging from the 10 public hearings held at the 10 initial visits held so far, the parties have expressed their approval of the form, process and results of the summary hearing, accepted the opinions of the procuratorial organs and the hearing officers, and voluntarily signed a criminal settlement agreement or withdrawn the appeal, and the rate of conflict resolution in the acceptance process reached 100%.
On April 30, 2021, the Nanjing Municipal Procuratorate's Reception Center conducted a public hearing on Ke Mouping's application for supervision against the procuratorate's discretionary non-prosecution of Li Mouping's decision not to prosecute and his father caused by a traffic accident, which was the first summary public hearing organized by the procuratorate.
On October 4, 2020, Li drove a car driven by Ke on the Nanjing Ring Expressway, causing a traffic accident in which Ke was injured, the passengers in the back were slightly injured, and the two cars were damaged to varying degrees, and Ke died after being rescued by the hospital. After the incident, Li took the initiative to call the police and truthfully confessed the facts of the accident. The traffic police determined that Li was mainly responsible for the accident. Li compensated the relatives of the victim Ke Mou, and the deceased's son Ke Mouping issued a letter of understanding after accepting compensation.
In February 2021, the public security organs transferred Li Mou for review and prosecution on suspicion of causing a traffic accident. After review, the Pukou District Procuratorate held that Li's crime was minor, with circumstances such as surrendering voluntarily, admitting guilt and accepting punishment, compensating the victim, and obtaining the victim's forgiveness, according to the provisions of article 37 of the Criminal Law, there was no need to impose a criminal punishment, and a discretionary decision was made against Li not to prosecute.
On April 14, after Ke Mouping, Ke Mouping, the son of Ke Mouping, received the Pukou District Procuratorate's decision not to prosecute, believing that accepting compensation and issuing a letter of understanding was only to reduce Li's punishment, but still believing that Li should bear criminal responsibility, he and his lawyer went to the Nanjing Municipal Procuratorate to appeal, requesting that the case be re-examined and prosecuted.
After patiently listening to the complainant's appeal, the visiting procurator noticed that Ke Mouping was introverted, and his father's death made him suppress great pain in his heart, and if he was allowed to go to the Pukou District Procuratorate to appeal according to the procedure, it would not only increase the psychological burden of the parties, but also make him think that this was the procuratorial organ's prevarication and dissatisfaction, which was not conducive to the resolution of the contradiction.
"Many years of experience in receiving visits tell us that the sooner the contradictions of the masses are resolved, the better. Especially when you first visit, it is the best window period. According to Li Jifang, the procurator who received the interview, proceeding from the position of resolving the contradiction as soon as possible and doing practical things for the masses, the undertaker did not simply "push" the case to the procuratorate that made the decision not to prosecute, but after obtaining the consent of the complainant, decided to invite lawyers, police officers handling the case, and retired procurators to hold a public hearing as soon as possible, and strive to resolve the contradiction and stop the lawsuit within 7 days.
At the hearing, the procurator in charge explained to the lawyer and the complainant the reasons and legal basis for the Pukou District Procuratorate's discretionary decision not to prosecute; the police officers who undertook the case praised the calm and cooperation of the two sides in handling the case, believing that the accident did a great harm to the Ke family, and hoped that the two sides would add some compensation to the complainant through reconciliation and shake hands and make peace as soon as possible; the retired procurator proceeded from reason and hoped that the complainant could gradually put down his psychological burden and come out of sadness as soon as possible. He also expressed his willingness to help the complainant and his mother in psychological counseling and counseling free of charge. The person not prosecuted expressed deep apologies for the harm caused by Ke and his family, and voluntarily gave another compensation of 30,000 yuan. The sincere counsel of the hearing officer and the apology of the person who was not prosecuted made Ke Mouping also open his heart, and after consulting with his lawyer, he said that he would not continue to appeal on this matter in the future, go back to comfort his mother, and strive to walk out of the pain of his father's death as soon as possible and return to normal life.
In the end, the parties voluntarily signed a criminal settlement agreement, and Ke's family no longer pursued Li for relevant legal liabilities arising from this case. After the public hearing, the complainant Ke Mouping and the non-prosecuted person Li Mou expressed their approval of the form, process and result of the summary hearing, and repeatedly thanked the hearing officers and prosecutors.
"Petitioning is an important channel for the masses to express their demands, and how to give them a satisfactory answer as soon as possible, or let them put an end to the lawsuit and strike as soon as possible through explanations, is the responsibility of the procuratorial organs, and it is also a concrete embodiment of the requirements for implementing practical matters for the masses." Mao Zhicheng, responsible person of the Ninth Procuratorial Department of the Nanjing Municipal Procuratorate, held that in the past, there were relatively few public hearings on petitioning cases, and the main role was to play the role of "bottom-up," that is, to passively carry out under the circumstance that it was more difficult to resolve contradictions, and the implementation of simple public hearings became the "first" means for the masses to resolve contradictions at the first time when they visited. "For first-time visitors, taking the initiative to hold a public hearing in a timely manner can not only make the parties feel the sincerity of the procuratorial organs in resolving contradictions and disputes, but also eliminate the barriers in their hearts by listening to the explanations of witnesses from different angles, reduce the 'turning back and running', and let the masses get rid of the litigation disputes as soon as possible."
Proofread sheng yuanyuan
Source: Purple Cow News