After the younger brother sells the disabled brother's "life -saving room" ... | 9:30 tonight

At the end of his life, his mother will have the eldest son of intellectual disability

Pay to the second son to take care of

After 14 years

As the guardian of his brother

Brother's sale of his mother to his brother's house

As a result, my brother is facing life dilemma

Prosecutors can perform their duties in accordance with the law

Support the disabled brother to file a lawsuit with the court

Native

"I hope that the procuratorial organs will vigorously promote, deepen the transformation of the results of guiding cases, and continuously improve their ability to perform their duties. For every case, they can be just like this case, to be judicial to the people, and solve the urgent and sorrows of the people." Recently, a number of representatives of many celebrities and members of the CPPCC have fully affirmed the support cases of property damage compensation disputes handled by the Hexi District Procuratorate in Tianjin in 2020. Because of the always adhering to the minds of the people in the supervision and performance, the organic unity of political effects, social effects, and legal effects was achieved. ) And "Demonstration Excellent Case".

Mother's death

Entrusting brother as a guardian of the disabled brother

"The Qing official is difficult to break the housework, but this matter of our family is helpful for the help of the prosecutor, so that my brother who has a disabled disabled has recovered the justice and recovered the 'life -saving money'." After Li Juan still lamented every time.

Li Juan's family has a long story, involving three sisters and brothers. Li Juan has two younger brothers. The elder brother Li Qiang, the third -level intellectual disability and no children; the second brother Li Gang, is Li Qiang's legal guardian to take care of Li Qiang's daily life.

Li Qiang's congenital intelligence disabled, and he could not live normally like ordinary people after birth. When the mother of the three siblings was alive, whenever the matter was mentioned, it was always sad. In 2003, the mother felt that she had little time, so she found the second son Li Gang and paid him the eldest son Li Qianguo: "After I leave, my brother will give it to you. I want to give him a place to sleep! "Li Gang nodded and agreed," Don't worry, my brother will give it to me! "So, the mother made a notarized will: After my death, a set of real estate under my name belongs to the eldest son Li Qiang All, the second son Li Gang as Li Qiang's legal guardian to take care of his daily life.

After the death of her mother, according to her arrangement of her life, Li Gang took care of his brother's clothing and food, and the enthusiastic help of the sister and the surrounding neighbors, the Li family brothers lived calmly for 14 years.

Brother sick

Will sell the real estate that belongs to my brother

In 2017, the Li family storm surged, and the original harmonious family relationship changed.

Li Gang has always been bad liver. In 2017, the condition suddenly worsened, the cost of treatment increased, and the money was not enough. As a result, Li Gang took an idea of ​​the real estate in his brother's name and threw his mother's entrustment to his head.

In the end, Li Gang sold the house that belonged to his brother as a legal guardian. After the house was sold, Li Qiang had no place to live, and Li Gang sent him to the nursing home. He also said with a word: "I have for him for eating and drinking it for him in the past 14 years. Even if you compensate me 'hard fee'. "

At the end of 2018, Li Gang was hospitalized. In order to keep the money selling the house, Li Gang transferred all his personal property to his wife by fake divorce. Soon, Li Gang died.

At this time, her sister Li Juan, as Li Qiang's only close relative, took on the responsibility of taking care of Li Qiang. At this time, Li Juan knew that Li Qiang's "life -saving room" had been sold by Li Gang, and the selling house was also fell into Li Gang's hands. Looking at the high doting list sent by her nursing home, Li Juan made difficulties. Li Juan knows that with his own economic ability, he is unable to bear the cost of Li Qiang in the nursing home. She found Li Gang's wife and proposed the ownership of the house money. Repeatedly came to the door, in exchange for only quarrels again and again. Li Gang's wife and daughter pushed away for various reasons, and finally gave Li Juan only 200,000 yuan.

In desperation, Li Juan decided to go to the court to sue Li Gang's wife, and at the same time wanted to change himself to Li Qiang's legal guardian. However, Li Juan knew nothing about Li Gang's time, selling houses, and transaction objects. He could not make any evidence, nor could he file a specific lawsuit. As a result, the court did not accept the case.

Prosecutor enters the community to "out of the clinic"

An annoying housework appears to turn around

Li Juan, who was frowning, often went to the community party and mass center to tell the matter. One day before the Spring Festival in 2020, the prosecutor of the Hexi District Procuratorate in Tianjin carried out the publicity of the rule of law at the community where Li Juan's house was located, and Li Juan told the prosecutor about his annoyance.

"The prosecutor clearly told me that even if it was 'family affairs', the procuratorate had civil prosecutors and would manage it. I also called me to contact me to arrange for the official appeal of the procuratorate. I immediately rushed to the past." Li Juan said.

In the lobby of the 12309 Procuratorate of the Hexi District Procuratorate, the prosecutor of the Fifth Procuratorate responsible for civil procuratorial work received Li Juan. Facing the hot water handed over by the prosecutor, Li Juan said anxiously.

"As a person who restricts civil behavior, Li Qiang is a disadvantaged group and belongs to the support of the prosecutor's support. If his property rights are infringed by the guardian, the procuratorial organs can support his prosecution according to the application." Prosecutor Li Li listened to Li Juan after listening to Li Juan's statement. Say.

Procuratorate supports prosecution

"Holding Money" chased back

Seeing the New Year, in order to make Sister Li Juan's peace of mind, the prosecutor handling the case split around and scrambled against time. They went to the Real Estate Registration Center to investigate the information of real estate rights, and figured out that "who the house was sold, who sold it, and how much did they sell." With the help of the staff, the information query was very smooth, and the ins and outs of the house were clear at a glance. The information is clear, and the most critical issue involved in the court's case is solved. The prosecutor contacted the court in the court, and made the "Prosecution Opinions" to fight for the case as soon as possible. "We learned that Li Juan's family was embarrassed. There were no conditions for lawyers. In order to make the lawsuit go well, we quickly contacted the Legal Aid Center of the District Judiciary Bureau. The Legal Aid Center urged Li Qiang to determine the legal aid lawyer of the counterpart business." Li Li said.

From investigating and obtaining evidence, issuing documents, to assisting lawyers and communicating with the court, the entire case handling process, the prosecutor overtime and adding points, only two days, to grab all the procuratorial links in the 30th day of the year. Work.

After the successful file, the prosecutor continued to pay attention to the progress of the case and Li Qiang's living conditions. When it was learned that the court had completed the implementation of 1.09 million yuan in compensation, the prosecutor also received a call from Li Juan: "I don't know how to thank you! My brother's life is finally guaranteed."

(The parties in the text are the name of the person)

Prosecutor

Can perform their duties to maintain the legitimate rights and interests of vulnerable groups

At present, civil prosecution supports the prosecution work. Several important issues: Who is the object of supporting the prosecution? How to support it? Since there is no judicial interpretation of support prosecution, these issues should be issued, and the prosecutors must deeply understand the various work requirements for supporting the prosecution during the handling of the case, actively explore and accurately apply.

In the process of handling this case, we made bold explorations on the above problems. For example, regarding the object of supporting the prosecution, we care about the special group of the rights and interests of intellectual disabled, and the situation of the legal guardian infringement of the person's rights and interests of the person who has no ability or restricting the ability of the behavior; Equality and balance, we assist applicants to carry out preliminary investigation and evidence collection in support of the prosecution; due to certain lawsuits and economic difficulties, we can help the applicant to hire legal aid lawyers by docking the judicial administrative department to help them go smoothly smoothly Complete the subsequent procedures ... By handling this case, we have seen the unique value and role of civil support prosecution in protecting the legitimate rights and interests of disadvantaged people such as disabled people, and also gives us a deeper on how to carry out the civil support prosecution work. Experience. As the Supreme Procuratorate explained the significance of the case: Although intellectual disabled people can restrict the behavior of the ability to restrict their ability, although people can implement civil legal acts that are compatible with their intelligence and mental conditions, it is difficult to independently and fully collect evidence of collecting evidence around legal prosecution conditions, and propose to propose evidence of collecting evidence and proposes Claims. In supporting the prosecution procedure, the procuratorial organs can provide legal consultation to strengthen interpretation and reason, and guide people with intellectual disabled to collect evidence by themselves; if intellectual disabled people cannot collect themselves, the procuratorial organs can assist them in accordance with the law and determine the parties' specific litigation requests and proofs of the original certificate. The defendant is associated with the facts of the controversy and meets the conditions of the prosecution. The procuratorial organs can coordinate with the judicial administrative department to provide legal aid for intellectual disabled, and the legal aid personnel as the entrusted agent of intellectual disabled persons to participate in the lawsuit.

(Li Li, Procuratorate of Hexi District, Tianjin)

(Prosecutor's Daily Author: Tao Qiang Wang Houtao Comic: Yao Wen)

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