Civil administrative procuratorate
Xuancheng Procuratorate: procuratorial supervision+judicial assistance, promoting the parties to the administrative litigation supervision case to stop the lawsuit and visit
Time: March 15, 2021 Author: News source: [Font size: large | in | Small

"Thank you for your procuratorial organ. This matter is over now. I will not continue my letters and visits in the future."

Recently, the People's Procuratorate of Xuancheng City, Anhui Province, granted national judicial assistance to Wang Moumou, a party in an administrative litigation supervision case handled by the People's Procuratorate, with a total of 8000 yuan in judicial assistance. It is understood that this case is the first case that the procuratorial organ of Xuancheng City carried out national judicial assistance to the parties involved in the administrative litigation supervision case.

   procuratorial supervision  

Over the years, Wang has sent letters and visits to many departments for the dispute over the land requisition compensation agreement.

In April 2013, due to the need of bridge reconstruction and new construction, the government of a town in Xuancheng signed two Land Acquisition Agreements with Wang Moumou successively to acquire 2.9 mu of paddy field contracted by Wang Moumou, and the town government paid about 41500 yuan. The town government rebuilt a new bridge next to the old one.

Wang Moumou and the town government disagreed on the understanding of the agreement. Wang Moumou filed three administrative lawsuits with the court. The case went through the first, second and retrial. After the people's court confirmed that the town government's expropriation of the land for building bridges was illegal, the Xuancheng People's Procuratorate reviewed the case and found that there were unreasonable administrative compensation and other improper aspects in the handling of the case, Therefore, he submitted a protest to the People's Procuratorate of Anhui Province according to law. After the protest opinion is supported by the provincial procuratorate, the Xuancheng People's Procuratorate sends personnel to appear in court.

   judicial aid  

During the trial of this case, the prosecutor learned that Wang was 56 years old, had no fixed income, and his family was relatively difficult. He had spent more than 9000 yuan to hire lawyers for litigation. Considering Wang's claim for compensation after land acquisition, it is reasonable to some extent (having adverse impact on the remaining land), but it is difficult to solve it through legal means at present.

In combination with the special activity of "strengthening administrative procuratorial supervision and promoting substantive resolution of administrative disputes" carried out by procuratorial organs across the country, prosecutors actively explored judicial assistance in this administrative procuratorial case, transferred the clues of judicial assistance, and further extended their case handling functions. During the mediation process of this case, Wang expressed his willingness to accept judicial assistance and then stopped the lawsuit and called.

   Resolving disputes  

Considering the situation of the case comprehensively, starting from maintaining social harmony and stability, reducing the burden of litigation, preventing the idling of procedures, and protecting the legitimate rights and interests of farmers whose land has been illegally requisitioned, the Xuancheng People's Procuratorate rescued them and repeatedly visited Wang to explain the law. Wang Moumou was deeply moved, and made it clear that he would put down his mind and stop petitioning, and signed a written agreement on the appeal. At present, Wang has withdrawn the prosecution and appeal, and the administrative supervision case has been substantially resolved, which has achieved good social results.

Judicial assistance is the assistance to the needy people in the judicial process, and an important way to ensure people's livelihood and improve the social security system. In judicial practice, the objects of judicial assistance are mainly victims of criminal cases and infringement victims of civil cases. For the administrative counterpart who has no obvious improper administrative judgment and administrative action in administrative cases and continues to petition for help due to administrative disputes, leading to poverty and need assistance, the procuratorial organ, in accordance with the relevant provisions of the Central Political and Legal Commission and other six departments, provides assistance to those who meet the conditions for assistance, and has resolved administrative disputes substantively and achieved human and political peace, It is of great significance.