Public hearing prompts to appeal and solve the case across provinces

Recently, the Procuratorate of Chencang District, Baoji City, Shaanxi Province held a public hearing on a cross -provincial complaint traffic accident case, inviting representatives of the district people's congress and members of the CPPCC as a hearing to participate. At the hearing, the application for supervision was settled in both parties.

Things start from 12 years ago. On April 14, 2010, Gao of Xinzheng City, Henan Province transferred a cement tanker to the king of the province's civil rights county. The two parties agreed that since the signing of the agreement, the vehicle belongs to Wang, and all the problems that have occurred after that are shall be responsible for Wang. After the agreement was signed, Gao Mou was about to be delivered to Wang, and Wang paid the model. However, the two parties have not handled the transfer procedures for the vehicle.

On May 22 of the same year, when Wang's driver Chen drove Chen, he drove a cement tanker, and the help vehicle drove by the resident Yan Mou in Chencang District, Baoji City was stunned, and the accident caused Yan to be injured. Subsequently, according to the vehicle owner's information provided by the traffic police, Yan Mou sued the original owner Gao and the driver Chen to Chencang District Court.

In November 2011, the court ruled that the original car owner Gao Mou compensated Yan Mou's medical expenses and other costs of 106,600 yuan. After the judgment was delivered, Gao Mou did not appeal within the statutory period. Gao believes that the vehicle has been transferred, and the traffic accident has nothing to do with himself. The compensation fee should be borne by the new car owner Wang, so he did not ignore the court's subpoena and judgment, nor did he participate in the trial.

After the verdict came into effect, the Chencang District Court entrusted the Xinzheng City Court of Gao's residence to implement it. In October 2019, Gao was executed 11,600 yuan.

After being executed, Gao felt grievance and filed a retrial application. In October 2020, the Chencang District Court ruled to reject the retrial application on the grounds of overdue application. In April 2021, Gao Mou applied to the Chencang District Procuratorate for supervision.

After the case was accepted, the prosecutor of the Chencang District Procuratorate found that the dossier in the court found that the dossier showed that Gao's entrusted agent Li Mou participated in the trial, but Gao said that he did not know Li and did not entrust Li to participate in the trial. In order to further verify the evidence, the hospital identified the signature handwriting and fingerprints on the authorized attorney based on Gao's application. In August 2021, the appraisal opinion showed that the inspection materials were not written by Gao's fingers, and the sample signature handwriting was not written by the same person.

From December 2021 to May this year, the police officers of the Chencang District Procuratorate overcame the impact of the epidemic, rushed to the civil rights county where the new car owner Wang was located to investigate and verify the evidence, and the traffic police team who traveled to the accident to inquire about the situation and visited Yan Mou, who was injured in the accident and learned in detail to learn more about the injured person. At the time of the incident. In the end, the prosecutor found out that after the accident, Wang arranged his cousin Li Mou's entrusted agent to participate in the lawsuit on the grounds that the original car owner was not in trouble.

On the basis of investigating the facts, the Chencang District Procuratorate believes that the time of the case span for 12 years, the implementation of the rotation procedure is complicated, and also involves the time limit for litigation. Judicial resources. Knowing that at this time, the parties had the willingness to settle, the hospital proposed a plan for mediation in accordance with the law in a timely manner, and decided to hold a public hearing.

At the public hearing, the prosecutor had warned the two parties, Gao and Wang, and carried out publicity of the two of them. The two said that they agreed with the opinions of the procuratorial organs and were willing to reconcile. The three hearing fully supported the handling of the procuratorial organs and the handling of the case. In the end, the two parties reached a settlement agreement to pay Gao Mou 100,000 yuan.

The two sides volunteered to sign the reconciliation agreement under the witness of the hearing, and Wang transferred 100,000 yuan to Gao on the spot. At this point, a 12 -year -old cross -provincial appeal was ended.

(Source: Procuratorial Daily Author: Ni Jianjun Du Yongqing)

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