The highest printed second batch of on -site hearing typical cases

Recently, the highest prosecution issued the second batch of typical cases of on -site hearing, requiring the national procuratorial organs to further increase the on -site hearing exploration efforts, and use the procuratorial organs to act in accordance with the law to promote the management of the source of complaints.

It is understood that since this year, procuratorial organs across the country have thoroughly implemented Xi Jinping's thinking of the rule of law, carefully studying and implementing the spirit of General Secretary Xi Jinping's important instructions on strengthening and improving people's petition work, actively exploring and carrying out on -site hearing, and resolving contradictions from the source complaint. Under the above rate of the highest prosecution, the demonstration leadership, take the lead in conducting hearing in Liaoning, Chongqing and other places. The third -level procuratorial organs have compacted responsibilities, explore and innovate, and have a significant effect on the on -site hearing. In the first half of 2022, the national procuratorial organs carried out a total of 1,187 on -site hearing cases, and the effective resolution rate of contradictions was nearly 90 %.

The four typical cases released this time were: Wei now applied for a case to supervise the on -site hearing case, Wang issued a criminal appeal hearing case, Wang Mouyeng sued the on -site hearing case, and Xiong Moumou's criminal appeal on -door hearing. This batch of typical cases focus on the procuratorial organs on the basis of visiting investigations and comprehensive review, and organically integrate "law, rationality, and affection" to effectively promote the substantial resolution of contradictions and disputes.

The person in charge of the Tenth Procuratorate of the Supreme Procuratorate said that since the beginning of this year, the national procuratorate accused the complaint of the procuratorial department with the "year of quality construction" as a traction. Carrying out on -site hearings, in a sense of sense of the people, resolved contradictions and disputes in the "door of the house" of the people of petitions, relieve the people's anxiety and hope of the people, and constantly plant the party's governance. In the next step, the highest prosecution will further increase on -site hearing exploration, summarize experience and practices, and strive to solve the contradictions in the first process, resolve it at the grassroots level, and effectively implement the "maple bridge experience" in the new era.

Wei is now applying for a case to supervise the on -site hearing case

【Key words】

Internal and external collaboration in the case of investing in the case

【gist】

For complicated petition cases, the hospital leadership will form a case handling team to handle the case, comprehensively review the focus of evidence materials and law of law, and actively cooperate with the public security organs, judicial appraisal agencies and other relevant personnel to participate in the handling. Waiting for personnel to participate in the hearing, the above -door hearing methods can answer the appeal of the appellant one by one, respond to the public's doubts, and simultaneously carry out the help of helping the miles, which is conducive to the anti -confrontation, resolving contradictions, and promoting "the case has ended."

【Basic Case】

The appellant Wei Mou is now the close relative (compatriot) of the original deceased Wei Mou.

At about 3 o'clock on May 3, 2018, after the original deceased, Wei Mou, after spending a leisure hall in Xingning District, Nanning, Guangxi Zhuang Autonomous Region, left from the door side of the museum to the door side window sill when he left, and was rescued by the hospital to rescue the hospital. Dist invalid.

The Xingning Branch of the Nanning Public Security Bureau made a notice notice on January 21, 2022 Nangongxing Boyi [2022] 00007, and believed that there was no criminal fact and decided not to establish a case. Wei is now dissatisfied and applied to the People's Procuratorate of Xingning District, Nanning on March 3, 2022.

[Organize on -site hearing]

Examination. After accepting the case of the People's Procuratorate of Xingning District, Nanning City, it was decided to include a full -time member of the Procuratorate of the Academy and set up a case of the case of the case of the case of the case of the case of the "contract leader+member prosecutor+prosecutor assistant" for review and handling. The case handling team retrieved the evidence of the original case file, and conducted a comprehensive review of issues such as factual identification, evidence, and law applicable. On -site investigation and other situations, after research and discussion, the existing evidence proved that the consequences of the death of the Wei bureau were caused by the fall of the death of a high altitude. Regulation.

Hearing preparation. Considering the residence of the appellant separated from the place of the incident, spanning the "two cities, two counties (districts)" (Xingning District, Nanning City, and Du'an County, Hechi City). Decided to invite people's supervisors and legal aid lawyers as a hearing, and went to the People's Government of the Security Township of the Du'an Yao Autonomous County, Hechi City on March 18, 2022 to conduct on -site hearing. Relevant personnel such as relatives and friends, members of the village committee participated in the hearing together, and made the hearing work practical work, and effectively increased the interpretation of the work.

Public hearing. At the hearing, the appellant claimed that the Wei Bureau was killed because of being pushed downstairs. The person in charge shall bear criminal responsibility by the person responsible. After the post, he has not taken the initiative to inform the family members of the deceased, causing the family members to not know the situation of the deceased in time. In response to the complaints of the appellant, the organizer explained in detail the situation of the prosecutor's investigation, verification, review and handling of the case, and responded in detail that the original organizer and judicial appraisal of the public security organs responded one by one, and displayed the on -site investigation through multimedia forms. Happening.

The hearer asked the appellant, the original case organizer of the public security organs, and the judicial appraisal personnel to listen carefully and believe that from the perspective of existing evidence, it is difficult to determine the motivation of the murder. It is impossible to determine that there are criminal cases. Based on the above hearing opinions, the review has agreed that the decision to handle the public security organs is not improper. In the end, the host combined the hearing and made sincere psychological comfort to the appellant, saying that he would fully consider the actual situation of the family of close relatives of the deceased and give certain care and assistance. After the hearing, the appellee and his relatives and friends Lu Mousheng, and the village cadres who participated in the hearing all stated that the questions that did not make a decision on public security organs had been eliminated. Letter and visits appeal of agencies or other units are willing to visit the lawsuit. Subsequently, the procuratorate launched the judicial rescue procedure in a timely manner according to the actual situation of the dead mother's life.

【Typical meaning】

For major difficulties and complicated petition cases, the procuratorial organs focusing on the focus issues reflected by the appellant and hot issues that the public concern. On the basis of conscientiously reviewing and handling, in -depth investigation and verification Relatives and friends, village committees, and other relevant personnel participated in the hearing together, and organically combined the "legal, rational, and affection", which not only enhanced the transparency of judicial cases, but also formed a complaint to resolve the conflict. At the same time, the urgency and anxiety of the people's care and hope, can perform their duties in accordance with the law, actively communicate the relevant departments to properly resolve them in time, and realize that "the case has ended people and harmony."

Wang Mou issued a criminal appeal on -site hearing

【Key words】

Criminal appeal internally and foreign linkage multiple rescue

【gist】

Adhering to and developing the "Maple Bridge Experience" in the new era, through the "leadership package+on -site hearing+judicial assistance", the responsibility of the leadership of the institute is suppressed, and the substantive resolution of the contradiction between the petition is resolved in the first process and the problem at the grassroots level. The procuratorial organs took the initiative to integrate the resolution of contradictions into the grass -roots social governance, relying on the "government prosecution linkage" platform, extending the tentacles of judicial assistance work, and establishing and improving the new pattern of diversified assistance, which helps to relieve the people's anxiety.

【Basic Case】

The appellee Wang Moufa, the brother of the victim of the traffic accident in Tangmou.

On February 9, 2021, the defendant Tang Mou drunk driving a small sedan along the streets of Xungang Town, Fanchang District, Wuhu City, Anhui Province. The collision caused Wang Mouming's serious injury to the road traffic accident of the first level and the damage to the vehicle. On February 17 of the same year, the People's Court of Fanchang District of Wuhu City sentenced Tang to one year and ten months in prison for a traffic accident. Wang was dissatisfied, and filed an appeal to the People's Procuratorate of Fanchang District, Wuhu City, for the defendant Tang's traffic accident, bad circumstances, did not give enough compensation after the incident, and the court's excessive punishment.

[Organize on -site hearing]

Examination. After accepting the case of the People's Procuratorate of Fanchang District of Wuhu City, it was decided to handle the full -time membership of the Procuratorate of the institute, accusing the complaints, criminal procuratorial departments in cooperation with the original case, listening to the opinions of the complaint, and verifying the materials of the evidence. After review, the original judgment was determined that the facts were clear, the evidence was indeed sufficient, the applicable law was correct, the trial procedure was legal, the sentencing was appropriate, and the complaint reasons for the appellant could not be established. At the same time, after visiting the visit, the main reason for Wang Moufa's appeal is that there is a deviation in the understanding of the law, and the victim Wang Mou is unconscious, his life cannot be taken care of himself, the cost of treatment in the later period is huge, and his life is facing serious difficulties.

Hearing preparation. In order to further understand the crux behind the appeal case, the procuratorial organs visited the village committee and hospital where Wang Mouming was located twice to learn about Wang Mouming's rural "five guarantee households". During the hospital treatment, medical expenses and nursing expenses were issued by Wang. Wang Moufa said that Wang Mouming's subsequent treatment time, cost, rehabilitation costs and other uncertain factors made him "difficult to step." In order to substantially resolve contradictions and disputes, and achieve the organic unity of the "three effects" of the case handling, after obtaining the consent of the appellant, the People's Procuratorate of Fanchang District of Wuhu City "moved" the location of the hearing to Wang Moufa's house. The members were the host and invited two experienced lawyers as the hearing. Before the hearing, the organizer communicated with the hearing on the relevant cases and fully listened to the opinions of the hearing.

Public hearing. At the hearing, Wang fully stated the reasons for the appeal, the organizer introduced the case review in detail, deeply analyzed the focus of disputes, and patiently explained the legal basis made by the court's judgment. The hearing of the original defendant who was concerned about Wang Moufa had confirmed and sensed sentencing, and answered questions and confuses one by one in accordance with the legal and reasonable legal provisions, and issued relevant legal provisions to Wang. The hearing pointed out that although Tang left the accident scene after the incident, under the persuasion of his friend, not far from the scene of the leaving the incident, he took the initiative to stop the car and wait for the traffic police to deal with it. According to the "Supreme People's Court's Opinions on Corresponding to Surrection and Reception and Reception", it can be identified as surrender. According to the "Implementation Rules for the Specifications for Settlement of Criminal Criminals in Anhui Province", the court's decision to comprehensively consider the plot such as the identification of accident liability, surrender, and not enough compensation, and it is not improper for Tang's sentencing. Wang Moufa said that he did not expect that the procuratorial organs would take the initiative to come to the door, responding to his demands one by one, and agreed to the procuratorial organs' handling opinions and willing to interview the complaint. After the hearing, Wang Moufa's "law knot" opened, but the burden of life on his shoulders has not yet been unloaded. Wang Mouming's subsequent treatment cost far exceeds Wang Moufa’s tolerance. The cost is as high as 10,000 yuan, and the situation of poverty due to the case is urgent to help and assist. Subsequently, the People's Procuratorate of Fanchang District of Wuhu City launched the judicial assistance procedure in a timely manner, and after review, it decided to jointly carry out judicial assistance with the Fanchang District People's Court. In addition, the People's Procuratorate of Fanchang District of Wuhu City also relying on the "government prosecution linkage" platform to actively cooperate with the district civil affairs bureaus, local town government and other relevant departments to conduct full communication and negotiation on the relevant treatment costs of Wang Mouming, and decide to exempt its early in arrears in the early stage. The medical expenses and bed fees are more than 10,000 yuan. At the same time, it is decided not to charge the relevant costs incurred in the later period.

【Typical meaning】

Before the door -to -door hearing, conduct in -depth visits and investigations, understand the dynamics of the respondent's real letter, grasp the crux of the resolution of contradictions, and introduce third -party participation in the resolution of contradictions at home. The implementation of visible and visible and feelings, both solve the "law knot" and the "heart knot", and promote the realization of the "case of the case." Actively integrate judicial assistance into the national rescue system, strengthen communication and coordination with relevant departments, promote "the capital" with "I control", and continuously improve the quality and efficiency of judicial assistance work, and truly solve the anxiety of the people.

Wang Mou Ying sued the on -site hearing

【Key words】

Controls illegal illegal collaboration across provincial hearing

【gist】

If the information is asymmetric, if the appellee, or the legal agent, and the close relatives do not understand the case, the procuratorial organs shall actively communicate with the letters and visitors and actively respond to the appeal of the appellant. If the appellant is not in good contact in the field, the superior procuratorial organs are integrated, and the initiative to strengthen the cooperation with the procuratorial organs where the petitioner is located. Visit.

【Basic Case】

The appellee Wang Mouwang lived in Yaohai District, Hefei City, Anhui Province.

In December 2021, Wang Mouwang appealed to the Supreme People's Procuratorate through the letter, reflecting that the People's Procuratorate of Jiuxi District, Jiujiang City, Jiangxi Province was suspected of being suspected of Song Mou, Wang Mou (Sister Wang Yingwen), etc. In the process of issuing a special VAT invoice case, the case was deliberately prosecuted by Song and Wang, and artificially created the "two cases and two cases", and there was an illegal handling of case handling.

[Organize on -site hearing]

Examination. In January 2022, after the Jiangxi Provincial People's Procuratorate received the appeal letter from Wang Ying, who received the highest procuratorial transfer, asked Jiujiang Procuratorate to properly resolve the contradiction in accordance with the law. Apply. The case handling team reviewed the case of cases related to Song, Wang and others, and listened to the introduction of the original organizer's introduction of the case handling process. After review, the original organizer was based on the foundation and evidence of the criminal facts and evidence. Someone, Wang and others filed a public prosecution and prosecution of relevant criminal units and responsible persons in accordance with the law, and there was no illegal case handling.

Hearing preparation. In order to do a good job of interpretation, the leaders of the inclusive case intend to interview the complaint Wang Mou, and to explain the law by public hearing, but Wang Ying had a certain opposition and refused to receive the phone call. In view of this, the Jiangxi Provincial People's Procuratorate requested Jiujiang Procuratorate to perform their duties in accordance with the law, actively carry out the resolution of the interest complaint, and actively communicate with the Anhui procuratorate to strive for support. With the support of the People's Procuratorate of Yaohai District, Hefei City, Anhui Province, the case handling team finally contacted Wang Mouying and obtained his consent to hold on -site hearing.

Public hearing. On March 16, 2022, the leaders of the People's Procuratorate of Lixi District led the members of the case handling team and a hearing to rush to the People's Procuratorate of Yaohai District, Hefei City, Anhui Province. The next day, a public hearing was held in the hospital's hearing room. At the hearing, the request of illegal case handling of the procuratorial organs of Wang Mou Ying accused the procuratorial organs of Wang. At the same time, it further explained the court's conviction and sentencing of Song and Wang. The hearing pointed out that the procuratorial organs rushed to the appellee to live in public hearing, which fully reflected the procuratorial organs insisted on the people -centered in the judicial handling of the case, hoping that the appellant could feel it; then combined with the appellant's demands and court trials. Objective neutral analysis and judgment on the judicial handling of the procuratorial organs, from the perspective of "law, rationality, and affection", eliminate Wang's doubts step by step. Wang Mouwang said on the spot that he would no longer appeal. 【Typical meaning】

With the realm of "I am in voicing" and the spirit of "seeking extremes", every letter from the masses with affection is to adhere to the people -centered meaning. Regarding the "three spans and three separations" case, the procuratorial organs of the incident can perform their duties in accordance with the law, coordinate and cooperate closely, and the local procuratorial organs actively cooperate to cooperate with them to link the contradictions in the first process and problem. The vivid practice of adhering to and developing the "Maple Bridge Experience" in the new era fully demonstrates the judicial concept of the procuratorial organs that adhere to the people -centered.

Xiong Moumou's criminal appeal on -site hearing

【Key words】

Criminal appeal small case conclusion mechanism

【gist】

For some complaints that have long complaints and need to solve the "heart knot", and old and weak, old and weak, and inconvenient actions, procuratorial organs should actively practice the "Fengqiao experience" in the new era, take the initiative to enter the village to go to the countryside, and take the hearing The room "moved" to the location of the appellant, in a sense of the people's senses and credibility, to carry out interpretation and reason, improve the quality of the hearing, and promote the "case of the case and the dual interpretation of the case". At the grassroots level, the problem is resolved locally.

【Basic Case】

The appellant Xiong Moumou, female, 78 years old, was a victim of the original case.

In February 2018, Liu Moumou fell and sold the 52 poplars by the village without authorization, making a profit of more than 4,000 yuan. Xiong Moumou believed that the trees involved in the case were owned by it, and the two had a dispute. Report the case. On July 12 of the same year, the Shenzhen Public Security Bureau of Hebei Province filed a case for Liu Moumou. On October 19 of the same year, Liu Moumou was transferred to the censorship for suspected stolen forest wood. The People's Procuratorate of Shenzhou City was reviewed that the facts of the case were unclear, the evidence was insufficient, and the conditions of the prosecution were not met, so they made a decision on Liu Moumou. Xiong Mou was not convinced that he appealed to the People's Procuratorate of Hengshui City.

[Organize on -site hearing]

Examination. After the case of the People's Procuratorate of Hengshui City accepted the case, it was decided to handle the case of the deputy prosecutor of the institute. Visit investigation. After review, the trees involved for a long time, the forest power was unclear, and the evidence of the case was insufficient. The decision made by the People's Procuratorate of Shenzhou City was not improper. However, because Xiong had a high age and a certain existence of understanding of the legal understanding of the law. In addition, it was more persistent. During the period, the two -level procuratorial organs did work many times. Xiong Moumou refused to accept it.

Hearing preparation. Considering that Xiong's old age is weak, the movement is inconvenient, no one around him, the case is between the neighborhood, and it has caused deep grievances. It is difficult to resolve the "back -to -back" work between the procuratorial organs and the appellee. On -door hearing methods, the procuratorial organs, the appellant, and the original case were interpreted in person in person. After the consent of Xiong Moumou, Hengshui Procuratorate invited CPPCC members, people's supervisors, lawyers, etc. as a hearing. The heads of the relevant departments of the party and government agencies of the local area and representatives of the villagers participated in the hearing.

Public hearing. On February 18, 2022, the hearing was held in the town government conference room where the appellant was located. The deputy prosecutor of the People's Procuratorate of Hengshui City served as the host, the original prosecutor and organizer of the case introduced the case in detail and explained the legal basis and reasons. The appellant fully stated the reasons for the appeal. The original prosecutor of the case pointed out that comprehensive evidence of the entire case, both parties in the original case have proved that the trees involved in the case were owned by it, and they had no evidence to proof. Forest crime cannot also be identified as suspected of theft. In response to the incidental plot proposed by the appellant for her family contracted land, the trees should be attributed to her, the organizer responded one by one based on the investigation and verification. The hearing and the appellant conducted in -depth communication, pointed out that the forestry bureau did not need to apply for a logging certificate in accordance with the certification of the forestry bureau, and the accumulation of the materials was 4.5 cubic meters. The law is correct and the handling is appropriate. During the hearing, the cadres where the village located introduced the family situation and the actual difficulties faced. In the end, the host stood at the perspective of maintaining the harmonious neighborhood and conducted the necessary rule of law. The appellant stated on the spot to accept the hearing opinion.

After the hearing, the Hengshui Procuratorate immediately launched the judicial rescue procedure. After investigation and verification, the complaint was high, suffering from a variety of diseases, and life was difficult, which met the conditions of judicial assistance. Xiong Moumou said that he would not be able to live a letter and visit, and he had to live a good life. In view of the good results of the resolution of the case, the People's Procuratorate of Shenzhou City and the town government discussed and formulated the opinions of the establishment of a judicial assistance connection mechanism to integrate the concept of "handling a case and benefiting one party" into the entire process of judicial handling. 【Typical meaning】

The "small case" seemed to see the big people's livelihood, and the "fine office" demonstrated the law.厚植为民情怀办好群众身边的“小案”，对因邻里纠纷等原因而引发的案件，把人民满意作为衡量办案的根本标准，通过上门听证方式审查办理，把“法理”讲清、 It is a concrete manifestation of the "reason" and "reasonable" through the "stop to the best". Incorporating the concept of "handling one case and benefiting one party" into the entire process of judicial handling, it also reflects the ability to perform duties of the procuratorial organs to do a practical letter of complaints. (Yan Jingjing Gu Fangqing)

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