How can I become a plaintiff since never sued?

Without the consent of the parties, the outsider entrusted the lawyer to sue on his behalf without authorization. Faced with the effective civil judgment, the foggy parties applied to the procuratorate for supervision ...

This is a supervision case that happened in a motor vehicle traffic accident compensation dispute in Zou Ping City, Shandong Province. The Zouping Procuratorate was reviewed and issued retrial prosecution proposals to the court in accordance with the law. A few days ago, after the court adopted the prosecution proposal to retrial, the original judgment was canceled, and the legitimate rights and interests of the parties were safeguarded.

"Fall from the sky" judgment

"I obviously did not go to the court to prosecute. This judgment came?" When I came to the Zouping City Procuratorate to apply for supervision, Yan Mou was both doubtful and angry, and told the prosecutor about his encounter -

On January 9, 2021, Yan was injured in a traffic accident together. The traffic police department was determined that the perpetrator Liu was fully responsible. After being discharged from the hospital, he applied for a claim to an insurance company insured by the accident.

Yan Mouben thought he could get compensation soon. Who knew that after waiting for a year, it was not compensation, but the court's judgment. "I have only been to the insurance company. When did I go to the court? Who is Zhang Mou and Lin, a lawyer in this judgment? I have never received the documents in the court. I have never participated in the court. Don't accept it! "Looking at the judgment in front of him, Yan Mou wanted to get angry, and he embarked on the road to defending rights.

However, this road is not smooth. Yan Mou first came to the court to "discuss the Fa", but was told that the authorized attorney and the indictment had his signature and seal. The judicial documents were also delivered according to the address left by the agent lawyer. The court's judgment was not a problem. Yan Mou came to an insurance company again and was told that the company did not call He Mou's insurer at all; he called the acting lawyer. What's going on? Yan Mou was caught in a fog. When he learned that the procuratorate had the function of monitoring the court's effective referee, Yan Mou came to the Zouping Procuratorate to apply for supervision.

"I have never sued the court." Facing the prosecutor, Yan Mou repeatedly emphasized, "I originally wanted to apply for a claim from the insurance company first. If I was not satisfied with the amount of claims, I would like to consider Knowing who has prosecuted in my name, the judgment has come into effect, and the road is blocked directly. "

"Good -hearted person" is full of grievances

After listening to Yan's statement, the prosecutor was preliminarily judged, which is likely to be a criminal fake lawsuit, so he accepted the application of Yan Mou's supervision.

After careful research on the case and the analysis of the general disk, the prosecutor decided to conduct an investigation in a two -pronged approach. On the one hand, the signing of Yan Mou on the court's file and the authorization of the attorney in the court was identified. On the one hand, inquiries about the parties involved in the case one by one to restore the truth.

After asking He Mou, Zhang Mou and others, the prosecutor finally learned about the full picture of the case--

After applying for a claim from the insurance company, it was learned by his concubine. In order to prevent the nephew from suffering, Qu Mou took the initiative to ask He Mou, a well -known friend in the local insurance industry, to take care of the matter. After seeing Yan Mou's claims, and after understanding the relevant situation from the claimer of an insurance company, he gave Qu Mou an idea: "Your nephew is the case. Don't want to, let your nephew sue the insurance company, how much the court is judged. "

He heard that Yan Mou's family was not very good, and he was looking for a lawyer for Yan Mou. But when he signed the authorized attorney and prosecution, He Mou couldn't contact Yan Mou. "He listened to me everything, I said this." After He found Qu, Qu Mou said nothing, took the initiative to take the lawsuit for his nephew Yanmou, and lied to the lawyer that he had already had himself that he had already been After being authorized by Yan, he also advocated that Yan signed and seal. Afterwards, Qu Mou did not give any explanation to Yan.

"I have been doing insurance for decades. Now I am a training lecturer from an insurance company. If it wasn't for the old friend, I would not work so hard." He said aggrieved, "I help him find him again to find him to find him again The lawyer gave him a litigation fee, and finally reported it to the Municipal Insurance Industry Association. I wrote a lot of situation explanations before and after, and it was almost the jokes after meal for meals. I did not expect to make it like this. "

Review procuratorial recommendations end the "farce"

After being identified, the signatures and signs of the indictment and the authorized attorney were forged, and the lawyer failed to fulfill his prudential obligations.

"The right to prosecute is the basic right to give each lawsuit by the law. The prosecution of the law without authorization seriously violates the law. The behavior of Qumou and He Mou is not allowed." Said, "In the next step, our hospital will focus on investigating such cases, investigating and verifying whether the referee in the field of traffic accident compensation disputes in the field of civil lawsuits has taken effect or not to actively carry out precise supervision of the plaintiff and the reasons for the plaintiff's failure to appear in court. Class illegal behavior. "

The prosecutor believes that in accordance with the provisions of Article 189 of the Civil Prosecution Law, if posing as a lawsuit or participating in the lawsuit, it shall be handled by reference to Article 111 of the Civil Prosecution Law.Serious punishment of order behavior.The behavior of He Mou, Qumou, Zhang Mou, Lin Mou, etc. seriously obstructed the judicial order and harmed Yan's legitimate rights and interests. The relevant judgment should be revoked.In response to this prosecution case, Zou Ping decided to issue retrial prosecution proposals to the court in accordance with the law to end the "farce" as soon as possible.Through the prosecutor's interpretation and criticism, Qumou, He Mou and others unanimously stated that they had realized the mistakes of their behavior and guaranteed that they would not be committed.

On February 23 this year, the Zouping City Procuratorate issued a retrial procuratorial proposal to the Zouping City Court on the case; on April 28, the Zouping City Court ruled that the case was retrial; on June 18, the court and He Mou and other people were withdrawn from the court.

(Source: Procuratorial Daily Author: Guo Shuhe Mu Wenjie)

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