Henan Legal News reporter He Yonggang correspondent Shang Linjie.
On February 18, the first day of work after the Spring Festival, Zhang Haijun, a post prosecutor of the First Procuratorate Department of the Shangqiu City Procuratorate, called the complainant Wang to pay New Year's greetings and learn about the issue of compensation. Wang told Zhang Haijun in ** that after the procuratorate held a hearing in his village on the eve of the Spring Festival, the non-prosecuted person Jin Moumou compensated himself with 40,000 yuan in compensation. Wang expressed his heartfelt thanks to the procuratorate and the prosecutor handling the case, and said that he would not make any more appeals or petitions for this matter.
The complainant Wang and the non-prosecuted person Jin XX are from Caoji Township, Xiayi County, Henan Province, and they are villagers from the same village. On April 7, 2022, they had a quarrel over trivial matters, and after the fight, Wang's fifth metacarpal bone in his right hand was fractured. After two judicial appraisals by the Xiayi County Public Security Bureau and the Forensic Science Research Institute, it is still uncertain how Wang's injuries were formed. On July 28, 2023, after research by the Procuratorial Committee of the Xiayi County Procuratorate, a decision was made not to prosecute the case if there were doubts. Wang was dissatisfied with this decision and appealed to the Shangqiu City Procuratorate.
After learning more about the facts of the case, Zhao Weifeng, the deputy chief procurator of the procuratorate who subcontracted the case, considered that the case was a minor injury caused by a neighborhood conflict, so he had the idea of resolving the conflict and dispute through the rule of law, so that the case was handled as a case of non-prosecution and appeal for suspected minor injuries and reached a criminal settlement. As a result, he and the case undertaker visited the complainant Wang, and learned from the side that Wang and Jin had a friendly relationship. After learning more about Wang's specific demands from Wang, Zhao Weifeng put forward specific ideas for resolving the case. The reasoning of the law with reason and understanding made Wang moved and expressed his willingness to reconcile, but the premise was that the criminal suspect Jin Moumou must compensate for his medical expenses. After Wang expressed his position, Zhao Weifeng and the undertaker of the case contacted the cadres of the village committee and asked them to take the initiative to do a good job in Jin's ideological work. After Zhao Weifeng and the case undertaker patiently explained the law and reasoned, Jin Moumou realized his mistake and expressed his willingness to do his best to compensate Wang for his losses.
In order to achieve the win-win effect of carrying out criminal reconciliation and resolving contradictions and disputes, and at the same time carrying out legal popularization and education for the masses, Zhao Weifeng and the person undertaking the case decided to hold a procuratorial hearing in the village of the parties to the case. On January 30, the day of the hearing, they invited representatives of the Municipal People's Congress, members of the Chinese People's Political Consultative Conference, national outstanding people's mediators, lawyers, and some villager representatives to participate in the hearing as hearing officers.
The contradictions and disputes between Wang and Jin have already caused a stir in the locality, and now they have heard that the city procuratorate is going to hold a hearing in the village, which has aroused the concern and curiosity of the local villagers; on the day of the hearing, many villagers spontaneously came to the village committee to observe, and the crowd inside and outside the meeting room of the village committee was crowded with people who were quietly watching the results of the procurator's handling of the case.
At the hearing, the undertaker of the appeal case and the original undertaker of the case introduced the facts of the case and the legal basis to the participants, and explained the law and reasoning on the spot.
Public hearings unravel both the "legal knot" and the "heart knot". Jin Moumou realized his mistake, sincerely apologized to Wang, and was willing to compensate Wang for medical expenses and related losses of 40,000 yuan. Wang accepted the Xiayi County Procuratorate's decision not to prosecute, and said on the spot that he would no longer appeal and petition over this matter. At the same time, he accepted Jin's apology and said that he would take the lead in being an example of neighborhood harmony. When Wang and Jin shook hands at the procuratorial hearing, the scene erupted in long-lasting applause.
One village hearing is better than 100 classroom law popularizations! Ma Buqing, a deputy to the Municipal People's Congress, highly praised the procuratorate's practice of going deep into the grassroots to resolve social disputes, and he believed that the handling of this case is a vivid procuratorial practice in which the Shangqiu City procuratorate implements the people-centered judicial concept and enables the people to feel, experience and benefit. "There is often a strange circle of 'dissatisfied with the result - thinking that the judiciary is unfair - repeatedly petitioning and appealing'! Wang Jianbo, secretary of the party group and chief procurator of the city's procuratorate, said that in recent years, the city's two-level procuratorates have adhered to the principle of "striving to make the people feel fairness and justice in every judicial case", conscientiously handling every "small case" related to the vital interests of the people, effectively resolving disputes between the parties, repairing social relations, realizing the organic unity of law, reason, and emotion, preventing the accumulation of contradictions, and the upward movement of letters and visits, which has effectively boosted the modernization of the governance of social litigation sources. ⑮