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Point-to-point interpretation theory to resolve contradictions face to face

Release time: August 30, 2019

"Thank you prosecutors for explaining to me in person, this is a great respect to me. I have accepted such a result, and will never petition again ..." Lao Zou (a pseudonym) held the prosecutor's hand tightly. , Shook and shook, said excitedly. This happened recently when the prosecutor of the People's Procuratorate of Shangluo City went to the complainant's house to publicly announce the review result of the criminal complaint.

Basic case

The complainant, Lao Zou, is an authentic farmer.414日晚上九点多,他在自家床上醒来,发现头上有血,胸部有伤,就打120求救。 At 9 o'clock in the evening on April 14 , 2018 , he woke up in his bed and found that there was blood on his head and chest injury , so he called 120 for help. Lao Zou only remembered that before the coma, Lao Wang (a pseudonym) in the same village was at his house. When he was going to bed, he felt his head was hot, turned his head to see Lao Wang, and then went into a coma ... After investigation, Lao Zou was After attending the wedding dinner of a friend's son, he drunk and returned home. Several neighbors in the village drank and played Mahjong together. In the end, Mahjong had a quarrel with the always unharmonious Pharaoh, and he was persuaded to go home. Soon, Pharaoh came to Lao Zou's house because he was looking for a cat that had been lost, and then left. Pharaoh claimed that he did quarrel with Lao Zou because of disagreement. He later went to Lao Zou's house to find cats, but left because the cat was not there.

柞水县公安局以故意伤害罪将老王移送柞水县人民检察院审查起诉。 After the incident, Lao Zou's injuries were identified as minor injuries , and the Lishui County Public Security Bureau transferred Lao Wang to the Lishui County People's Procuratorate for intentional injury for review and prosecution. The People's Procuratorate of Lishui County found that some of the facts of the case were unclear and the evidence was insufficient. Therefore, the Pharaoh was not sued in accordance with the law. Lao Zou refused to accept and appealed to Shangluo People's Procuratorate to prosecute Pharaoh. The Shangluo People's Procuratorate accepted the case in accordance with the law and decided to file a case for review. Li Shuzhi, a member of the party group and deputy chief prosecutor of the Shangluo People's Procuratorate, applied for the case on his own initiative.

After reviewing the case file and investigating and reviewing the relevant facts and evidence, Prosecutor Li Shuzhi believes that there is no evidence to prove that Lao Zou's injuries have been injured and the tools used to cause injury. The lawsuit conclusions are correct and the case handled properly.

So, how to get Lao Zou to accept this result calmly has become a difficult problem facing Prosecutor Li Shuzhi. After communicating with Lao Zou many times, Prosecutor Li Shuzhi learned that Lao Zou thought he was guilty of not prosecuting, and that his family had financial difficulties. Most of his medical expenses were borrowed from relatives, so he wanted to help Lao Zou to see the doctor first. The borrowed money was solved. Because Lao Zou's situation did not meet the conditions for judicial assistance, under the coordination of prosecutor Li Shuzhi's multiple parties, Lao Zou was assisted through civil assistance channels. The money issue was resolved, and Prosecutor Li Shuzhi decided to take the news to his door to explain the case to Lao Zou.

This is a public announcement of the results of the review of the criminal complaint case. The relevant cadres in the village where Lao Zou is located also participated. At the beginning, Lao Zou was very conflicted. Prosecutor Li Shuzhi did not talk about legal regulations and the legality of the results of the procuratorate. Instead, he talked about the facts of the case and the cognition of an ordinary people. Slowly led Lao Zou to realize that the key facts of the case were not even clear to him. Seeing the expression of approval in Lao Zou's eyes, Prosecutor Li Shuzhi told Lao Zou that the money for seeing the doctor had been solved by the civil affairs department, and called Lao Zou on the spot to confirm. At this time, Lao Zou's eyes were already full of touching. Next, Prosecutor Li Shuzhi read the criminal appeal review decision on the spot, and told Lao Zou the specific provisions of the law, the principles of application, and the reasons for handling it, so that Lao Zou knew that there was no suspense because the case facts or evidence could not determine a A person cannot be prosecuted if he is guilty. This does not mean that the person did not do this at all. Lao Zou nodded while listening. When Prosecutor Li Shuzhi was leaving, Lao Zou excitedly took his hand and said, "Thank you prosecutors for explaining to me in person. This is a great respect for me. The result of this process I served it and never petitioned again ... "

postscript

In recent years, the Shangluo People's Procuratorate has set the goal of allowing the masses to "visit one time" in handling criminal complaints. It has always adhered to precise interpretations and actively tried to use the appointments of the Attorney General, return visits, public review, national judicial assistance, and lawyer participation Resolve the law-related complaints and petitions and other methods, and resolve the contradictions between petitions at the source.

(Author: Renee Shangluo Municipal People's Procuratorate Xue editor: Wang Jin)



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