Civil administrative procuratorate
Chizhou Procuratorate: Public Hearing to Resolve Disputes Procuratorate Edition "Six Chixiang" to Promote Win win
Time: August 6, 2020 Author: News source: [Font size: large | in | Small
 After listening to the procuratorial version of "Liuchi Lane", they signed a settlement agreement on the spot after years of resentment
"The prosecutor is right. A distant relative is not as good as a close neighbor. For more than 30 years of neighborhood relations, it is really wrong to quarrel over this matter. We agreed to reach a settlement." "I was deeply moved by the story of Liuchi Lane. I also agree with the settlement plan and am willing to reach a settlement."

On the morning of July 30, in the meeting room of Furong Community Neighborhood Committee in Rongcheng Town, Qingyang County, Chizhou City, a public hearing on an administrative procuratorial supervision case was in progress, and Yu Shibin, Deputy Procurator General of Chizhou Procuratorate, served as the host of the public hearing. After the introduction of the case by the prosecutor, the statement and defense of the parties, the investigation and verification by the prosecutor, the question and comment by the hearer, on-site reconciliation and other links, and under the witness of the prosecutor and the hearer, The applicants Liu and Xie reached a settlement with the third person Ren on the spot and signed the Settlement Agreement. The administrative organ agreed to correct the registration according to the land boundary confirmed by both parties, and the dispute over land administrative confirmation that has spanned more than 30 years and more than five years of litigation was substantially resolved.  

Liu and Xie were originally husband and wife. Although they divorced in 1990, they have lived together. They have been neighbors with Ren for many years. In 2004, the Natural Resources and Planning Bureau of Qingyang County issued a land use right certificate for Ren according to his application. The two people believed that the Bureau had wrongly registered all land use rights under Ren's name, and sued to the Qingyang County Court in September 2018. In the first instance, Liu and Xie failed to provide evidence to prove that the Natural Resources and Planning Bureau of Qingyang County had forged signatures in Ren's land ownership registration In the case of forgery, the issuance of the state-owned land use certificate for Mr. Ren did not contain any errors in applicable laws and regulations, nor any procedural violations, so all claims of Mr. Liu and Mr. Xie were rejected. The two people's request for reissue of real estate registration certificate is not supported. Later, Liu and Xie appealed to Chizhou Intermediate Court, which rejected the appeal and upheld the original judgment. The Anhui Provincial High Court also rejected the application for retrial. Liu and Xie refused to accept the effective judgment and applied for supervision by the procuratorial organ.

After the case was accepted, the prosecutor in charge carefully combed the case materials, and after many visits and investigations, it was found that the case appeared that Liu and Xie were not satisfied with the land administrative confirmation made by the Natural Resources and Planning Bureau of Qingyang County, and "sued" the Bureau, but the root of the problem was Liu Xie and his neighbor Ren disputed the ownership of an irregular trapezoidal lane at the junction of two homesteads.

During the investigation of the case, the procuratorial organ found that the production team sold more than ten square meters of alleys at the junction of the two homesteads to Mr. Liu and Mr. Ren respectively according to the land acquisition agreement signed by the two companies and the then production team Cao Yuan. In 2004, Mr. Ren applied for land use right registration, and the land department at that time, according to Mr. Ren's land acquisition agreement, The land in the lane was registered under Ren. In 2015, Ren used the lane to transform the kitchen. There was a conflict with Liu due to the adjacent right. Liu questioned the ownership of the lane, which led to the occurrence of this case. In view of the long time span of the case, the land area involved in the dispute is not large, the applicant and the third person are old, and the neighbors of both parties have had good relations for many years. In accordance with the provisions of the Regulations of Chizhou Procuratorate on Public Hearing of Cases (for Trial Implementation) issued by the Chizhou Procuratorate, the people's supervisors, CPPCC members, legal professionals and community workers were invited as the hearers to further understand the case through on-site measurement of the area of the disputed plot and inspection of the buildings in the disputed plot, By holding public hearings to explain the law and reason, we promoted the resolution of contradictions.

Speaking of the original intention of holding this hearing, Ling Xunhong, the prosecutor in charge of the case, said: "Through multiple participation, interpretation and reasoning, fully listen to the opinions of the parties and the hearers, improve the transparency of case handling, effectively guarantee the correct exercise of the legal supervision function, truly achieve the organic unity of law, reason and emotion, which is conducive to promoting the substantive resolution of administrative disputes."

"Old Liu, Old Ren, have you heard the story of 'Liuchi Lane'..." At the hearing, Yu Shibin, the deputy chief procurator who presided over the hearing, told the story that Zhang Ying, a great scholar in the Qing Dynasty, persuaded his family to give up the three foot homestead, and the neighbors were deeply moved to give up the three foot homestead, and persuaded both neighbors to value harmony, While striving for their legitimate rights and interests, they should also take due account of neighborhood relations.

After more than four hours of public hearings, patient persuasion and analysis of advantages and disadvantages, and with the consent of Qingyang County Natural Resources and Planning Bureau, the two parties signed the Settlement Agreement to divide the use right of the disputed land equally. The applicants Liu and Xie thanked the undertaking prosecutor on the spot, and promised to stop the lawsuit and visit and live in harmony with Ren.

 

"The procuratorial organ has built a platform for the parties to fully express their opinions by holding public hearings, and has practiced the concept of precise supervision by being open and respecting the main body throughout the process." Shen Ganwen, a listener, said, A hearing not only resolved the contradiction between the applicant and the administrative organ, but also resolved the "accumulated resentment" between the applicant and the third person for many years, repaired the social relations, and truly achieved the political harmony and win-win situation.