"I can't believe it! I can't believe that you will pay so much attention to the online application for supervision. I didn't expect that the procuratorate invited deputies to the National People's Congress and CPPCC members to public hearings for the interest of 4800 yuan. I didn't expect that the procuratorate only took 11 days from accepting the case to closing the case after more than three years of loan disputes. "Small things have caused you 'big trouble', and we ordinary people have received 'great benefits'." Ye, the applicant who received the interest payment, said gratefully.
At the beginning of 2012, Chen and Yuan borrowed 450000 yuan from Ye on the ground of capital turnover, and agreed on interest. A private agreement was reached, but the debtor failed to repay the principal. In March 2017, Mr. Ye filed a lawsuit in Wuwei City Court. After the court mediation, the two parties reached a settlement agreement and returned Mr. Ye 390000 yuan in installments. If the agreement is not fulfilled, the debtor shall not only return the principal, but also bear the corresponding interest. It has already been settled, but the debtor has not fully fulfilled its repayment obligation when the second repayment period determined in the agreement expires. In order to safeguard his legitimate rights and interests, Mr. Ye applied to Wuwei Municipal Court for compulsory execution in 2018, requesting repayment of principal and payment of interest.
During the execution period, the court mediated and executed the principal of 320000 yuan, and then the interest payment was 4800 yuan, but both parties could not reach an agreement. Ye, who was in another province, happened to see the 12309 network platform publicized by the procuratorial organ. With the attitude of trying, he applied for civil supervision to the Wuwei Municipal Procuratorate in accordance with the law on July 31, 2020.
The Fourth Procuratorial Department of Wuwei Municipal Procuratorate immediately verified the application materials after receiving the clue of Ye's application for civil execution supervision, and decided to accept it on August 3 after reviewing that the application materials met the acceptance conditions. Inform the parties of their rights and obligations, access the court file, read the original evidence materials... But how can we effectively resolve the dispute and achieve personal harmony after the case is concluded? The undertaking prosecutor thought of public hearing. On August 10, Wuwei Municipal Procuratorate organized the first public hearing on civil procuratorial supervision. At the hearing, the prosecutor in charge first introduced the basic facts of the case and the focus of the dispute, guided both parties to submit new evidence, make statements and defend, and invited representatives of the National People's Congress, CPPCC members, people's supervisors, lawyers' representatives, court executives, etc. to question the facts and evidence of the case and express their hearing opinions.
The law is not clear, the reason is not clear. Both parties fully express their opinions and understand each other's demands. Under the auspices of the undertaking prosecutor, they finally make peace and pay the remaining execution money on the spot. Li Yuan, a deputy to the National People's Congress, fully affirmed that Wuwei Municipal Procuratorate publicized the handling of civil supervision cases in the form of hearing, and frankly said: "It is my first time to hear the case publicly, which is worth learning from in resolving mass disputes."
"Public hearing not only allows the parties to fully express their opinions and show evidence in the prosecutorial supervision process, but also solicits the opinions of experts and relevant persons, and can also accept social supervision, greatly improving the people's right to know and satisfaction, and effectively resolving conflicts and disputes." said the fourth prosecutor of the Ministry of Public Prosecutions.
