Hanshan, Ma'anshan: Public Hearing to Resolve Petition Cases
Time: June 6, 2022 Author: News source: [Font size: large | in | Small 】
Recently, Hanshan County Procuratorate successfully resolved a long pending petition through public hearing.
Since March 2010, Mr. Wu, aged 62, has been assigned by a labor company in Hanshan County to work in a cement company in our province for cleaning jobs. By January 2020, the labor company had terminated the labor relationship with Mr. Wu. Wu believes that the labor service company and cement limited company should pay economic compensation, wage difference and compensation for the termination of labor relations when they terminate their labor relations. After the negotiation failed, Mr. Wu sued the labor service company and cement company to the court of Hanshan County in 2020, requesting that they be ordered to pay economic compensation, wage difference and compensation for the termination of labor relations. The court of Hanshan County held that Wu was over 62 years old in March 2010, and whether he had a labor relationship with a labor service company in Hanshan County or a cement company in Anhui Province, he could only form a labor relationship, not a labor relationship. His claims based on labor relations had no legal basis, so it ordered Wu to reject his claims. Wu refused to accept the judgment of first instance and applied to Ma'anshan Intermediate Court for retrial. Ma'anshan Intermediate Court ruled to reject his application for retrial. Wu applied to the procuratorial organ for supervision.
After the Hanshan County Procuratorate accepted the case, through reviewing the original trial file and conducting investigation and visit to the parties, the undertaking procurator believed that the original trial verdict was not improper in fact finding and law application. However, if Wu's supervision application is not directly supported, the contradiction between the parties still cannot be resolved, and it is likely that "the case cannot be settled", which will be converted into a petition case. Therefore, during the handling of the case, the prosecutor in charge learned Wu's heart knot through several communications with Wu: originally, there were several other colleagues who initiated arbitration and litigation with Wu, and their claims were supported by the court because they met the legal requirements. Wu insisted that his situation was similar to theirs, but the results were different, Wu was unable to accept it. The undertaking prosecutor decided to hold a public hearing to make the interpretation and reasoning more transparent.
On February 17 this year, Hanshan County Procuratorate held a public hearing, and six specially invited hearers said that although Wu's appeal did not comply with the law, considering Wu's old age, in order to resolve the hidden trouble of letters and visits, the procuratorial organ was suggested to mediate between the two parties. The undertaking prosecutor explained the law and reasoned with Wu in depth, and explained the comments and the handling results of the procuratorial organ in detail. Not only did he analyze the facts of the case, the admissibility of evidence and the application of law in detail, but also compared with his colleagues' cases. Finally, Wu realized that his claim did not conform to the law, and expressed his willingness to accept mediation. Later, the undertaking prosecutor went to the cement company. After communication, the cement company promised to compensate Mr. Wu out of humanitarianism, and Mr. Wu promised not to send letters and visits for this matter. Both parties finally reached a settlement, and both parties were satisfied with the result of the settlement.
