Time: 14:30 to 15:35 on July 2, 2020
Location: Procuratorial Hearing Room, Case Handling Center of Zhenjiang City Procuratorate, Jiangsu Province: Case Handling Center of Zhenjiang City Procuratorate, Jiangsu Province Central Procuratorial Hearing Room
Presiding Judge: Liu Hua (Second-level Prosecutor of Jiangsu Provincial Procuratorate)
Cause of Case: Damage Compensation Dispute Case
Applicant: Hu XX
Authorized agent: Hong XX
Party in the original trial: Hu XX: Jurong City Village Committee
Legal representative: Li XX Someone: Li Moumou
Person in charge of the civil litigation supervision case: Li Moumou: Zhang Kaocheng (Inspector of the Sixth Procuratorate of Zhenjiang City Procuratorate, Jiangsu Province)
Person in charge of the petition case : Jia Jianguo (Prosecutor of the Eighth Procuratorial Office of Zhenjiang Municipal Procuratorate, Jiangsu Province)
Hearing Committee Member: Nie Yongping (Deputy to the National People’s Congress, Deputy Mayor of Shiye Town, Dantu District, Zhenjiang City, Jiangsu Province, Pioneer Village Party Branch Secretary)
Li Zhishun (Deputy to the People's Congress of Jiangsu Province, Secretary of the Party Branch of Xifeng Village, Houbai Town, Jurong City)
Wu Huafang (Member of the National Committee of the Chinese People's Political Consultative Conference, People's Supervision of the Procuratorate of Zhenjiang City, Jiangsu Province) Member, chief psychological counselor of Yangtze River Delta Psychological Counseling Co., Ltd.)
Recorder: Dai Tingting: Dai Tingting
1. Announcement of the start of the hearing
Moderator: Today , the Jiangsu Provincial Procuratorate and the Zhenjiang Municipal Procuratorate jointly held a public hearing on the cases of Hu Moumou and Mou Moumou. I am Liu Hua, Chief Prosecutor of the Jiangsu Provincial Procuratorate. I am presiding over today's hearing. I would like to thank all the hearing officers for taking the time to attend the hearing despite their busy schedules. At the same time, I would also like to thank all the media friends for coming to the scene to observe. I announce that the hearing will now begin.
2. Announcement of the list of participants in the hearing
Moderator: First, let me introduce the participants of this hearing. (omitted)
3. The clerk informs the rights and obligations and announces the discipline of the venue
Moderator: Now, please inform the clerk of the rights and obligations and announce the discipline of the venue.
Clerk: (omitted)
Moderator: Please ask the applicant, his or her agent, and the legal representative of the parties to the original trial case to confirm whether the moderator, minutestaker, and hearing officer Apply for recusal?
Applicants and their authorized agents: No recusal is required.
The legal representative of the party in the original case: no need to recuse himself.
4. The host introduces the basic situation of the case
Host: Next, I will introduce the basic situation of Hu Moumou’s petition case.
Today we hold a hearing to uphold an objective and fair stance, fully listen to the reasons and basis for petitioner Hu Moumou’s complaint, and have the prosecutor in charge cross-examine the facts, evidence, application of law and other issues in the case. , the hearing will listen to opinions from an independent third-party standpoint, and promote the fair resolution of cases through open handling of cases. As the host, I sincerely hope that this hearing can open up the minds of the petitioners, resolve the conflicts between the two parties, and promote the settlement of the case.
5. Both parties shall elaborate and demonstrate the facts, reasons and basis of the case
Moderator: Please ask the petitioner Hu to state the facts, reasons and basis of the complaint.
Hu Moumou: When Wang Moumou filed a lawsuit with me, the village committee issued a certificate. This certificate was incorrect. In fact, it helped Wang Moumou fight the lawsuit, causing me to lose the case. After the case was decided, I went to petition many times. Later, Wang Moumou sued me again, and the village issued another certificate. I went to the judge and the judge said that the village’s certificate after the change shall prevail. I have been having conflicts with the village committee for seven or eight years, and the relevant departments have also mediated. The problem is that the mediator's tone is not good. It makes me feel uncomfortable and I can't swallow it in one breath. That's why I have been running for so many years. I couldn't swallow this, and I reported it to various departments, but nothing was resolved. I feel that I have been wronged for running away for so many years.
My body and mind have been greatly traumatized, my health is not good, and my life is difficult. I am now over 70 years old. I hope the procuratorate can properly solve my problem. For specific details, please let my authorized agent, Mr. Hong, speak.
Moderator: Please ask the petitioner’s attorney, lawyer Hong Moumou, to express his opinion.
Hong Moumou: After accepting Hu Moumou’s entrustment, we communicated about the case and also visited to learn about Hu Moumou’s situation. Hu XX believed that the certificate issued by the village committee affected the judgment of the personal rights dispute between him and Wang XX, and did not understand the judgment results and the procuratorate's supervision results. His main reasons are that 1. the certificate issued by the village committee in 2013 was confirmed by the court in the judgment, so it will inevitably affect the final judgment; 2. the content of the certificate is inconsistent with the facts, and the village committee actually issued the certificate to help the other party Wang Moumou reduces Wang Moumou's liability in the lawsuit; 3. In order to obtain this certificate, Hu Moumou has petitioned for many years and objectively spent a lot of money. These expenses are indeed losses caused by this certificate and should be borne by the village committee. . The above are the main reasons for Hu Moumou’s complaint.
Moderator: The original party, Li Moumou, the legal representative of a village committee in Jurong City, made a statement.
Li Moumou: When the dispute between Hu Moumou and Wang Moumou was brought to court, the village committee issued a certification document in 2013. Due to historical reasons, the village committee did not understand the situation at the time. After Hu Moumou reported it, we discovered the problem and issued a second certificate. The 2013 certificate was invalid. In fact, the village committee's certification had no impact on the verdict.
Moderator: Please explain the facts and legal basis for the review of the case in which Hu Moumou applied for supervision.
Civil Litigation Supervision Case Undertaken: Since the case of the damage compensation dispute between Hu Moumou and the village committee is related to the other two cases, let me briefly introduce the situation of the other two cases:
1. The case of body rights dispute between Hu Moumou and Wang Moumou. In March 2013, Wang Moumou believed that the pig pen wall built by Hu Moumou 20 years ago occupied his family's old homestead. The pig pen wall occupied his family's old homestead. When Wang took people to dismantle it, he had a dispute with Hu, and Hu's right hand was injured. Later, Hu Moumou brought a lawsuit to the court, demanding that Wang Moumou compensate for medical expenses and other losses. During the trial of the personal rights dispute case, Wang Moumou provided a certificate issued by the village committee in October 2013, which stated that "Hu Moumou's pig pen was indeed built at the foot of the foundation wall of Wang Moumou's old house. "The Commission does not recognize it" and the court confirmed the certificate. But at the same time, it was believed that both parties to the conflict were at fault, and the final judgment ruled that Wang Moumou should bear 50% liability for compensation.
The second is the case of Wang Moumou and Hu Moumou over the dispute over compensation for nuisance and property damage. In December 2014, Wang Moumou filed a lawsuit in court, requiring Hu Moumou to return the old house and compensate for the losses. After the trial, the court held that Wang Moumou did not provide sufficient evidence to prove that he had the right to use the old homestead, and ruled to reject his claim. During the trial of the case, Hu Moumou went to the township government to petition many times. In March 2015, the village committee issued another certificate, which read, "The certificate issued by the village committee in October 2013 has no legal effect due to historical reasons, and this certificate is invalid."
The above is the background of the case of Hu Moumou and the village committee’s damage compensation dispute. Let me introduce the case of Hu Moumou and the village committee’s damage compensation dispute:
After accepting the case, the public prosecution authority obtained the first-instance and second-instance files of this court in accordance with the law and listened to Hu Moumou’s opinions. After review, this court believes that Hu Moumou’s reason for applying for supervision lacks legal basis.
In summary, Hu Moumou’s reasons for applying for supervision were untenable, and the court therefore ruled not to support the application for supervision.
Moderator: Next, the organizer of the petition case will introduce the handling of Hu Moumou’s petition.
Moderator: Please ask the petitioner, his or her agent, and the parties to the original case if they have any additional comments.
Hu Moumou: When the village committee issued the certificate in 2013, I didn’t have much opinion.
Later, I reported to the village committee that several village cadres spoke in a bad tone, which I felt I couldn’t swallow. Because when our family built the pigsty, it was approved by the village, and it was built in an interchangeable place. Just now the prosecutor said that this certificate will not affect my judgment. I think the village will not produce this certificate. I have been running for so many years for this certificate, and I am not convinced.
Moderator: Hearing officer, the person in charge of the case just now elaborated on the facts and legal basis for the review of Hu Moumou’s application for supervision. The petitioner and the original case party also stated the relevant facts and reasons. Now, the hearing officer conducts a hearing on the relevant circumstances of this case and can ask questions to the person in charge of the case, the petitioner, and the original parties to the case.
Hearing Officer Nie Yongping: I would like to ask the organizer, will the certificate issued by the village have any impact on Hu Moumou's liability for the property rights dispute case against Wang Moumou?
The person in charge of the civil litigation supervision case: There will be no impact. The basis for the court to divide responsibilities is not the village committee’s certification, but the fault of both parties. Wang Moumou's radical behavior of rashly demolishing the fence caused a dispute, so he bears unshirkable responsibility for Hu Moumou's injury. However, since the direct cause of Hu Moumou's hand injury was caused by himself when he attacked Wang Moumou, rather than Wang Moumou's beating, Hu Moumou was also at fault for the injury to his hand. Hu XX's fault offset part of Wang XX's fault. Therefore, on the one hand, the court made Wang XX bear part of the responsibility, and on the other hand, let Hu XX himself bear part of the responsibility. It can be seen that the absence of fault on both sides is the main factor to be considered in the division of responsibilities, rather than the certificate issued by the village committee.
Hearing Officer Wu Huafang: I would like to ask the petitioner Wang Moumou whether the compensation that should be paid to you in the event of a property rights dispute is in place?
Hu Moumou: All compensation has been given to me.
Hearing Officer Li Zhishun: Just now the petitioner Hu Moumou and his lawyer said that he is in poor health and has a difficult life. For petitioners who are living in difficulty, if we can help petitioners solve some practical difficulties , obtain the approval of the petitioner, and help resolve conflicts. Can the procuratorate do something for him?
Person in charge of the petition case: During the interview, we also learned that Hu Moumou is not in very good health and suffers from high blood pressure and heart disease. Moreover, except for the monthly government allowance for senior citizens, he has no From other sources of income, when I am over 70 years old, I have to rely on income from farming to support my family. Life is indeed difficult. Next, we will further increase coordination with relevant departments and do our best to help Hu Moumou obtain some relief subsidies.
6. The hearing officer announces the results of the review
Moderator: The meeting will now be adjourned for fifteen minutes. Please ask the hearing officer to comment on this case.
Moderator: Just now, the hearing examiner conducted a thorough review and formed a hearing review opinion. Now, please invite the representative of the hearing examiner to express the hearing review opinion.
Hearing representative Nie Yongping: Moderator, after our closed-door deliberation, we unanimously believe that the procuratorial organ will make a decision not to support the supervision application after reviewing it in accordance with the law based on the petitioner's application for supervision. There was no inappropriateness in the determination of facts and application of law, and the handling of the case was objective and fair. At the same time, regarding the situation where the petitioners are in poor health and have difficulty living, we hope that the procuratorial organs can communicate with relevant departments to properly rescue the petitioners and reflect the procuratorial organs’ care. In addition, by participating in this public hearing, we also gained a better understanding of the work of the procuratorial organs. Procuratorates at the provincial and municipal levels have adopted methods to properly resolve complaints from petitioners, especially in resolving petition conflicts that are closely related to grassroots people. , left a deep impression on us. The holding of this hearing also fully embodies the concept of the procuratorial organ that the people respond when they call for it, and it also demonstrates the people-centered judicial sentiment and prosecutorial responsibility, and truly achieves the organic unity of law, reason, and emotion. Thank you. Prosecution agencies’ efforts to build a harmonious society. Thank you for your efforts in building a harmonious society.
7. Final statements by the petitioners, their authorized agents, and the parties involved in the original case
Moderator: Now, please give the final statements by the petitioners, their authorized agents, and the legal representatives of the parties involved in the original case. State an opinion. First, please ask the petitioner Hu Moumou to make a final statement.
Hu Moumou: At the hearing, host, I really couldn’t understand it before. This is actually a breath of fresh air for the elderly. As the saying goes, if the daughter-in-law does not say anything bad about her mother-in-law, the mother-in-law will not say anything bad about her daughter-in-law. , we are actually the same as the village committee. The procuratorate attaches so much importance to my matter that they came here to hold a hearing today. I want to be able to talk things through and be angry. The past will be wiped out. I will no longer petition and am willing to reconcile with the village committee. .
Moderator: Does the agent have any additional comments?
Hong Moumou: First of all, on behalf of Hu Moumou, I would like to express my gratitude to the Procuratorate and the hearing personnel. Hu Moumou's understanding at the time was actually biased. The prosecutor has explained it very clearly just now. The court's judgment is correct, and the facts and reasons based on the procuratorate's decision not to support the supervision application made after supervision are also objective and fair. . On the way to the court session, Hu told me that the procuratorate attached great importance to his case and held a special public hearing. He believed that the procuratorate was fair. After the explanation given by the organizer and the supervision opinions of the hearing examiner, he has now fully figured it out and approved the procuratorate's decision. He also told him that from now on, after he is released from prison, he will no longer go to any government agency to petition in any form for issues related to this case.
Moderator: Next, Li Moumou, the representative of the original party to the case, will make a final statement.
Li Moumou: I agree with the opinion of the procuratorate. In fact, today's situation is what our village committee wants to see. We also hope that the conflict between us and Hu Moumou can be properly handled. Today's court hearing gave both of us a valuable opportunity. I would like to express two opinions here. First, although the certificate issued that year did not affect the verdict of the case, in any case, Hu Moumou did spend a lot of time and energy on this matter. Here, on behalf of The village committee expressed its apology to Hu XX; secondly, after all, there is no fundamental conflict between Hu XX and us. We also hope to settle this matter and take this opportunity to shake hands and make peace with Hu XX. In the future, if Hu needs help from the village committee, we will try our best to help him under legal, reasonable and reasonable circumstances, and we also ask Hu to support the work of our village committee.
Moderator: Just now, Hu Moumou and the village committee have expressed their stance. Both parties recognized the decision of the procuratorate and expressed their desire for reconciliation. Then, I would like to ask Hu Moumou again if you are willing to settle the lawsuit. Suspension means that you will no longer continue to appeal or petition for this case.
Hu Moumou: I am very grateful to the procuratorate for taking my case so seriously. This is what I blurted out, and the past will be wiped out. I will no longer appeal, and I promise to stop complaining.
Moderator: Village committee representatives Li Moumou and Hu Moumou have agreed to settle the lawsuit on the spot. Are you two willing to untie your knot and shake hands to make peace?
Li Moumou: Of course we are willing.
(Both parties shake hands and make peace)
8. The host announces the end of the hearing
The last thing I want to say is that this prosecutorial hearing is the prosecution hearing. It is an important measure to comply with public opinion, participate in resolving conflicts, and maintain social stability. In the next step, the procuratorial organs of the province will follow the requirements of the Supreme People's Procuratorate, "Those who can be heard, try their best to hear." Problems that cannot be solved by cases can give the people a greater sense of access to justice.
This concludes today’s public hearing, thank you all! (Procuratorial Daily)