She received the compensation paid by the perpetrator on a monthly basis
Author:Righteous network Time:2022.09.07
In a car accident in 2018, Ms. Wang was injured and disabled, not only lost her ability to work, lost her work, but also had difficulty in implementing the implementation of civil mediation. The huge medical and rehabilitation costs, the child's education and living expenditure made her overwhelmed ... In September 2021, Ms. Wang applied for a civil and procuratorial supervision from the Shanghai Procuratorate of Shanghai Fengxian District. Through the joint efforts of the prosecutor and executive judge, the case was properly handled. Recently, Ms. Wang received a monthly compensation paid by the perpetrator.
The case is not applied for supervision
In March 2018, when Ms. Wang was walking on the road, she was hit by an electric car driven by Li, and her head was severely damaged. The traffic police department was determined that Li was responsible for the main responsibility of the accident. During the civil litigation, the court presided over the voluntary mediation agreement between the two parties. Li should pay Ms. Wang a total of 207,500 yuan in losses caused by a traffic accident. Li has previously paid 65,000 yuan, and the remaining compensation pays in installments.
However, after the mediation, Li did not fulfill his commitment to pay the remaining compensation. In October 2020, Ms. Wang applied to the court for enforcement. On December 24, 2020, the Court Executive Bureau informed Ms. Wang that after the property inspection and control, it had been executed 100,000 yuan and issued it to it. In view of Li's name, there is no other property to execute, the court ruled that the execution procedure was ended, and measures were adopted to restrict high consumption and the list of people who were incorporated into the person who were incorporated into the person.
In September 2021, Ms. Wang applied to the procuratorate of Fengxian District Procuratorate for civil and prosecution supervision. The reason was that it had been for more than a year since the application for compulsory implementation. Li should have some property that can be used for execution. Tuition fees and other living expenses requested the procuratorial organs to supervise the court to continue their implementation.
French inspections work together to promote reconciliation
After accepting Ms. Wang's application, the prosecutor was reviewed after review, and after the judge of the court's executive bureau verified the implementation of the case, the implementation procedure of Ms. Wang was not improper. At the same time, the prosecutor also contacted Li and learned that after being limited to high consumption, Li's life and work were affected and were willing to pay as soon as possible.
Therefore, on the premise of fully respecting the wishes of the parties, the prosecutor listened to the opinions of both parties, understood the obstacles of execution, and appreciated it patiently. In many telephone communication with the executed person Li, the prosecutor learned that Li was very willing to pay the execution funds, but due to the epidemic caused by the epidemic, he was unable to pay the compensation at one time, requesting the installment to perform, and hoped that he could be lifted as soon as possible as soon as possible as soon as possible. The court takes the execution measures in order to restore normal life and work. The prosecutor also conveyed the willingness to pay compensation to Ms. Wang and the installment payment plan proposed in combination with her actual income status. Ms. Wang agreed to reconcile.
In view of the fact that Li was living in a foreign country and could not arrive in Shanghai due to the prevention and control of the epidemic, the two parties agreed to adopt the combination of online and offline to achieve reconciliation. On December 22, 2021, under the co -hosted by the executive judge and the prosecutor, the applicant Ms. Wang and the executed person Li reached an implementation settlement agreement, agreed that Li would pay the remaining compensation on a monthly basis. Pay the monthly money in place.
On December 22, 2021, Ms. Wang applied to the court for the withdrawal measures to Li, and submitted an application for the withdrawal supervision of the procuratorate of Fengxian District. The prosecutor believes that the applicant's application for the withdrawal of supervision does not harm national interests, public interests, or legitimate rights and interests of others, and then decides to end the examination in accordance with the law.
Judicial assistance to rescue rescue and rescue
At this time, although the case has been closed, the prosecutor still rotates the payment of compensation. In order to ensure that the compensation was in place as appointment, the prosecutor regularly returned to Ms. Wang to understand the implementation. "The compensation of this month's compensation has been paid in place, thank you!" Ms. Wang thanked the prosecutor in the recent phone call.
During the process of handling the case, the prosecutor also learned that Ms. Wang, who raised her daughter alone, lost her job due to injuries after the incident, lost the source of income, and faced heavily in her own medical care, rehabilitation costs, and daughter's promotion costs. Burmenting, the family's economic conditions are very embarrassed. In response, the prosecutor was transferred to the clue to the court to accuse the procuratorial department in a timely manner. After review, the Procuratorate of Fengxian District believes that Ms. Wang's situation meets the relevant provisions of the procuratorial organs to carry out judicial assistance work, and Ms. Wang should be rescued. As a result, the hospital decided to issue judicial assistance to Ms. Wang, helping them to pass the difficulties, and send the warmth of the judicialness to the masses.
(Source: Procuratorate Author: Sun Xiaoguang)
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