Civil administrative procuratorate
Wuhu Bay: The retrial procurator suggested that the case should be changed to recover losses for private enterprises
Time: December 15, 2020 Author: News source: [Font size: large | in | Small
   On December 10, accompanied by a lawyer, Ye Moumou, the legal representative of a color printing and packaging company in Wuhu City, Anhui Province (hereinafter referred to as Company A), sent a banner with the words "Service enterprises promote fairness and justice, enforce the law impartially and establish procuratorial authority" to the prosecutor of the People's Procuratorate of Wangui District to express his sincere gratitude. The private entrepreneur sighed: "Thank the prosecutor for handling the case impartially. Thanks to your patient and meticulous work, our company has saved a lot of losses, so I can also account for the company's employees."

   In case of a dispute between Mr. Ye, Company A and Mr. Yang over private lending, Mr. Yang appealed to the People's Court of Wangu District on September 9, 2014, requesting that Mr. Ye and Company A should jointly repay RMB 2 million and interest. The court of first instance decided to support all of Mr. Yang's claims. As the court of first instance announced the service of the subpoena and the judgment, Ye learned of the above situation in the process of court enforcement. Later, Ye applied to the higher court for retrial on October 18, 2018 due to a sudden eye disease. On December 27, 2018, Wuhu Intermediate People's Court ruled to reject the retrial application for reasons such as exceeding the statutory time limit.  

   In August 2019, Mr. Ye and Company A applied to the People's Procuratorate of Wangu District for protest. After the court accepted the application, it found that the loan relationship between Mr. Ye, Company A and Mr. Yang was complicated, not only in terms of the amount of the IOU, but also in fact, some debts had been repaid, but because Mr. Ye's legal awareness was weak, he did not withdraw the IOU in time, giving Mr. Yang an opportunity to take advantage of it. Yang Moumou concealed part of the repayment fact of Company A and sued only on the basis of the IOU. In addition, Company A failed to participate in the litigation, resulting in the court's error in finding the facts. The procurator undertook a comprehensive investigation on the existing evidence and the items withdrawn by the parties, carefully checked each repayment, identified the nature of repayment, and finally found out that the actual arrears of Mr. Ye and Company A were inconsistent with the facts identified in the first instance.  

   On October 30, 2019, the People's Procuratorate of Wangui District proposed a retrial procuratorial proposal to the People's Court of Wangui District. On May 27, 2020, the People's Court of Wangui District decided to revoke the original judgment and cancel some of its unreasonable debts.