Struggle for three rooms

Sister partnership builds a house

However, it has not made a clear agreement on the ownership of the house in advance

Lay hidden dangers for future disputes

Procuratorate with supervision and reconciliation

Get the effect of the case of "the case ended in the event of a person"

... ...

"After so many years of lawsuits, now my annoyance is finally resolved, and my life has been more comfortable ..." Recently, when the prosecutor Wang Qing, the prosecutor of the Gansu Provincial Procuratorate, returned a phone call on a protest of a property dispute, the party Liu Jianjun Said.

When it comes to Liu Jianjun's annoyance, it will also start from 2004.

Hidden dangers in partnerships

Three rooms belong to disputes

Liu Jianjun's wife Han Xiaoli has a sister named Han Xiaomei. Both sisters live in the same town in Qingyang City, Gansu Province. After their respective families, the two relationships have been very harmonious. In 2004, the Han Xiaoli family felt a little bit at hand, and wanted to improve her housing conditions. Liu Jianjun obtained from the relatives of the same village at the same village at a price of 21,000 yuan to obtain a town located in a town in Xifeng District, Qingyang City. 176.4 square meters of land. Liu Jianjun signed on the "Land Transfer Agreement". Han Xiaomei's husband Wang Liqiang signed a word at the supervisor, and the local villagers' committee also stamped the official seal on the agreement.

On June 7, 2004, Liu Jianjun began to build a house on the above homestead. During the construction, Wang Liqiang invested in building materials and also participated in architectural miscellaneous services. After the three -story and twelve buildings were completed, the sister Han Xiaoli had 9 floors on the east and lower three -story family; the sister Han Xiaomei had always lived in three houses on the west side. At that time, Han Xiaoli felt that her sister's family had poor economic conditions, and she had made money when she built a house. Therefore, the three houses on the west side had always let her sister live.

After the house was built, the two sisters obtained the village and town construction permit issued by the local administrative organs, which made the sisters who have been living in the three houses on the west side more convinced that these three houses belonged to their own. Because the ownership of the three houses on the west side was not clearly stipulated, the two sisters later controversial. Liu Jianjun settled the cost of building a house on both sides and handed the settlement list to Wang Liqiang. The settlement list is stated: the total cost of building a house on the west side of the three floors on the west side is 41073.5 yuan. However, the settlement list cannot solve the problem of house ownership. After that, Han Xiaoli, Han Xiaomei's brother and others have organized a family conference several times to mediate, but the problem has not been resolved. The two sisters have never come to each other since then.

Five lawsuits fail to interest

The parties apply for procuratorial supervision

In 2013, Liu Jianjun complained Wang Liqiang to the court, asking Wang Liqiang to return to the three houses on the west side and demolished his temporary simple house. The Court of Xifeng District of Qingyang City believed that Liu Jianjun and Wang Liqiang's dispute between the dispute between the building department jointly invested and built. Liu Jianjun refused to accept and appealed to the Qingyang Intermediate Court. On November 12, 2014, the Qingyang Intermediate Court rejected its appeal and maintained the original sentence.

On October 10, 2016, Liu Jianjun and Han Xiaoli sued Wang Liqiang to the Xifeng District Court again, requesting to divide the above three houses, and ordered Wang Liqiang to pay the house occupation fee and maintenance fee of 80,000 yuan since 2005. Wang Liqiang demolished the simple house he built, dredged the waterway to avoid continuing the foundation of the house. The court trial believes that the two sisters have unknown when building a house, which leads to controversy due to the issue of house ownership after the house is completed. According to the evidence submitted by the two parties, Liu Jianjun was responsible for handling the transfer of land and contacting the construction team. Construction of houses. After the completion of the house, the two parties settled the cost of building a house. The total cost of building a house for three houses was 41073.5 yuan. Wang Liqiang paid cash and the purchase materials had paid 28,721 yuan. After the house was completed, Liu Jianjun paid 4,500 yuan. The total transfer of gold is 66573.5 yuan. Wang Liqiang invested 28,721 yuan, and the remaining parts were funded by Liu Jianjun. Because both of the time held a house construction permit, the house belonged to the common property of both parties. To make a matter, it shall be determined according to the proportion of contribution. As a result, the court ruled that Liu Jianjun and Han Xiaoli paid more than 130,000 yuan in the three houses with reference to the market price. After the payment was paid, the three houses disputed by the two parties belonged to Liu Jianjun and Han Xiaoli.

On June 6, 2019, Wang Liqiang refused to accept the Court of Xifeng District to judge, filed an appeal to the Qingyang Intermediate Court, requested the cancellation of the original sentence, and rejected Liu Jianjun and Han Xiaoli's lawsuit. The trial of the Qingyang Intermediate Court believed that the case involved in the property rights or land use rights of the case was not confirmed or handled by Liu Jianjun and Han Xiaoli, after more than ten years of division and use of the civil rights of both parties and the completion of the house, Liu Jianjun,,,, Han Xiaoli asked for insufficient evidence of house involved in the division. In 2013, Liu Jianjun sued Wang Liqiang to return three houses and demolished the simple houses he built. The court's decision rejected the lawsuit request. Now Liu Jianjun and Han Xiaoli sued to divide the three houses. The purpose of the lawsuit is exactly the same, and the same litigation is still the original controversial house. However, the plaintiff of the previous lawsuit was Liu Jianjun, the plaintiff of the lawsuit was Liu Jianjun and his wife Han Xiaoli, so the lawsuit was a repeated lawsuit. In view of this, the Qingyang Intermediate Court made a ruling, revoked the first trial judgment, and rejected Liu Jianjun and Han Xiaoli's prosecution. Liu Jianjun and Han Xiaoli believed that their two prosecutions were required to return the occupied houses, and once they required the division of the case to involve the house, not repeated prosecutions, so they applied to the Qingyang Intermediate Court for retrial. On December 13, 2019, the Qingyang Intermediate Court ruled to reject the retrial application.

On March 16, 2020, Liu Jianjun applied to the Qingyang Procuratorate for supervision.

Prosecutor exercises the right to investigate and verify

Applicable legal errors were found

After the case was accepted, the Qingyang Procuratorate was reviewed that the applicable law of the Qingyang Intermediate Court was indeed wrong and sentenced to improperly. On May 25, 2021, the Gansu Provincial Procuratorate was asked to protest. The prosecutor handling the case of the Gansu Provincial Procuratorate carefully read the court's trial file and met with the parties.

"The house was built by us. After the house was built, the sister's family had always lived in the three houses on the west side. It took a long time to live. They proposed to buy those three houses. We also calculated the cost price. After deducting Wang Liqiang's investment, he made a settlement list, but Wang Liqiang only agreed to 5,000 yuan, and we did not sell it to him. Because it was a relative, their economic conditions were not good, and we kept letting them live. "Liu Jianjun went to handling the case to handle the case. The prosecutor explained the ins and outs of the matter.

Through investigation and verification, the prosecutor handling the case believes that in accordance with the law, the court shall reject the prosecution on the repeated prosecution case that has been accepted. The same, the same request or the litigation request of the later claim substantially denies the results of the preliminary referee. The subject matter and lawsuit requests in this case are different from the previous lawsuits, and it does not constitute repeated prosecutions. Although the targets of the two lawsuits are all controversial three houses, the previous lawsuit is a complaint of returning the original matter. The latter complaint is a complaint of the share of the common object. Two lawsuits are the same. Although the verdict of the previous litigation rejected Liu Jianjun's request to return the house, he did not confirm the legitimacy of Wang Liangqiang's possession of the house. Now that Liu Jianjun has no complete right to use the house, Liu Jianjun has the right to continue to obtain part of his right use right through the lawsuit. Respect the new litigation request made on the basis of the referee. Therefore, the case does not constitute a repeated prosecution. The court ruled that the prosecution did not comply with the law, and it was not conducive to the resolution of disputes.

Civil reconciliation of a wave of twists and turns

Proposal to prosecution to supervise and settle down

Considering the case involving relatives, the prosecutor handling the case believes that the case of settlement in a settlement is the best way to deal with the case. Subsequently, the prosecutor made a matter of interpretation of Liu Jianjun through in -depth analysis of evidence, and suggested that he reconcile with the other party. In the end, Liu Jianjun agreed to reconcile with each other after weighing the advantages and disadvantages.

However, the reconciliation work did not go well. Wang Liqiang's daughter Wang Jirong began to cry as soon as he saw the prosecutor handling the case: "Our family has always lived in these three houses. The house is from our family, not my aunt's house! My father is not good, and I don't want him to let him do it again. For the litigation, I have been with the lawsuit for so many years, and I am too energetic. I want to know, which author can determine this? "

After the prosecutor handling the case appeased Wang Jirong's emotions, he answered her questions one by one, and explained in detail the statutory authority of the prosecutor's supervision of the results of the effective referee. After Wang Jirong learned that the procuratorial organs reviewed the legal basis and procedures of the case, their emotions gradually eased. However, when the prosecutor proposed to organize the reconciliation of both parties, Wang Jirong said, "The relatives in the family have adjusted us, but there have been no results. There is no possible way of mediation at all ..." During the conversation, the prosecutor handling the case also understood the case of the case. By the time, the two sisters were litigation for many houses. Now that the sister has died, the relationship between the two has not eased.

On September 2, 2021, after careful consideration, the Gansu Provincial Procuratorate decided to protise to the Gansu Provincial Higher Court on the case, hoping to supervise and reconcile, and make every effort to resolve contradictions and restore family affection.

On November 11 of the same year, the Gansu Provincial High Court ruled that the case was filed. Subsequently, the prosecutor handling the case conducted in -depth communication with the legal application of the case and reached a consensus on the joint resolution of contradictions.

On March 21 this year, due to the impact of the epidemic prevention and control, the case was tried in a video. With the joint efforts of the two courts of the Prosecution, the two parties voluntarily reached a mediation agreement. Liu Jianjun agreed to continue to use the three houses on the west side by his sister; Wang Liqiang paid Liu Jianjun and Han Xiaoli 50,000 yuan. At this point, the troubles that troubled the two sisters for nearly 10 years have finally settled, and the relationship between the two has eased. The case also draws a successful end. (The people in the text are a pseudonym)

Prosecutor

It is necessary to accurately supervise and restore family affection

For this case, the use of the rule of law thinking to accurately find the reasons for protests and start the re -examination process of the case through precise supervision is a prerequisite for the dispute.

In judicial practice, many people confuse the litigation bids with the litigation. In fact, the lawsuit and the subject matter of the lawsuit are two different concepts. In this case, the subjects of the two lawsuits before and after the parties are indeed the same, both of which are controversial houses, but the litigation is not the same. The lawsuit of the lawsuit of the two litigations was determined that the case was repeated prosecution on the grounds, and then rejected the parties' prosecution, which was a applicable legal error. In this case, the two sisters have been resentful for many years due to the issues of house ownership. The disputes have continued. The court finally ruled that the prosecution was rejected, which prevented the contradictions between the two parties unable to solve the lawsuit. The prosecutor's prosecutor's resistance point in accordance with the law not only effectively protects the party's right to appeal, re -incorporate disputes into the judicial link, avoid further intensification of contradictions, but also prompt the parties to have the opportunity to solve the problem face to face again, which provides possibilities for reaching reconciliation.

In the new era, civil prosecutors should shoulders the dual functions of legal supervision and resolution of disputes. In rural areas in my country, disputes caused by building houses on the homestead are common. Most of the parties to such cases are relatives. If they can reconcile, they can not only resolve disputes, but also repair their affection. Is the best solution. However, "freezing three feet is not a day cold", the love and hatred between the parties of these cases are not limited to the case itself. The law is intertwined with family relationships, and the reconciliation is very difficult. In this case, the prosecutor passed the meeting between the two parties during the handling of the case and carried out a reconciliation work on the basis of the interpretation of the law, laying a certain foundation for the mediation after the protest; after the protest to the court, the good communication and coordination mechanism of the two hospitals was used to perform the two hospitals of the two courts. The use of the "Fengqiao Experience" to combine the contradiction, and ultimately promoted the agreement between the two parties to reach a mediation agreement, which not only demonstrated the justice of the judicial justice, but also repaired the damaged affection.

(Wang Qing of the Gansu Provincial Procuratorate)

(Procuratorate Nan Maolin)

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