(Cover article of Pioneer Weekly of Procuratorial Daily on July 16)  

　　 Simplicity is not simple, openness is more fair  

　　 [Editor's Note] How to give the complainants a satisfactory reply as soon as possible, and how to make the complainants stop the complaint and stop the visit as soon as possible through legal interpretation and reasoning, is the responsibility of the procuratorial organ, and also the concrete embodiment of doing practical things for the masses. Since this year, the Supreme People's Procuratorate has actively explored the working mechanism of "carrying out simple public hearings on a regular basis and promoting the resolution of the source of complaint reporting contradictions", and deeply integrated the reception of the "front desk" masses with the judicial handling of "back office" cases, which has greatly improved the probability of effectively resolving conflicts on the spot and on the spot, and avoided problems such as idle procedures and rising contradictions in handling complaint reporting cases.  

　　 The simple public hearing is a further distillation of the work of responding to people's letters and visits, which not only answers from the procedure, but also responds from the entity. The procuratorial organs throughout the country gave full play to the entity function of 12309 Procuratorial Service Center, highlighted the spot, simplicity and effectiveness of hearings, ensured the quality, efficiency and effect of hearings, avoided "going through the motions", and achieved good legal and social effects. From the four typical cases collected in this issue, we can see the real sense of gain that simple public hearings bring to people.  

　　 Original title  

　　 "We will not appeal"  

　　 Our reporter Wu Yihuo  

comment: Using information technology to carry out simple public hearings by means of remote video can transform legal thinking, legal regulations and legal language into warm life language. There is no contradiction that can not be resolved by heart to heart exchange.

　　

　　 Remote hearing scene  

　　 On May 27, 2021, a simple video connection hearing spanning more than 200 kilometers was held in 12309 Procuratorial Service Center of Anhui Provincial Procuratorate, and the other end of the video was located in the remote video room of the Procuratorate of Yuexi County, Anhui Province, The criminal complainant, Ye Mouquan, was there to argue with the case undertaker, Zhang Hongping, deputy director of the Ninth Procuratorial Department of the Anhui Provincial Procuratorate, and the hearers 。  

　　 The old man Ye Mouquan is from Lianyun Township, Yuexi County, On August 24, 2007, during the construction of a road and bridge company in Anhui in Lianyun Economic Development Zone, Yuexi County, Ye Mouquan sat in front of the construction excavator to obstruct the construction on the ground that his requirements were not met. The local public security organ received the instruction to organize the police force to go to the construction site of the development zone together with the staff of relevant departments to carry out the persuasion work, but Ye refused to listen to the persuasion and still obstructed the construction and insulted, scratched and kicked the police on duty, resulting in two police on duty whose arms were scratched and their legs were bruised. Later Ye was forcibly taken away from the scene by the public security police.  

　　 In November 2007, Ye Mouquan was sentenced by the court of first instance to six months' imprisonment and one year's probation for committing the crime of obstructing public service. Ye Mouquan pleaded guilty in court, and the first trial verdict came into effect. However, ten years later, in April 2018, Ye Mouquan began to appeal on the grounds that he had no criminal intention and his behavior did not constitute a criminal offence. Ye Mouquan's criminal appeal case was handled by the courts and procuratorates at two levels of Yuexi County and Anqing City, and a written reply was given. The complainant Ye Mouquan still refused to accept it, and he has lodged a complaint with the Anhui Provincial Procuratorate in the form of a visit since April 7, 2021.  

　　 Zhang Hongping, the undertaker, believes that the factual evidence identified by the court of first instance is true and sufficient, the nature is accurate, the procedure is legal, and the handling is appropriate through the review of the file transfer; The reexamination decisions of Anqing and Yuexi County Procuratorates were also correct. In order to fully listen to the complainant's opinions, reduce the complainant's burden of visits and complaints, and avoid the formation of repeated letters and visits and the contradiction between letters and visits rising again, at the same time, considering that the complainant is nearly 70 years old and has a long journey, it is inconvenient to come to Hefei, the Anhui Provincial Procuratorate decided to carry out a simple hearing through remote video with the consent of the elderly Ye Mouquan 。 Third party professionals were introduced to participate in the hearing to resolve conflicts, and Shen Guoqing from Anhui Lilan Law Firm and Jiang Longfei from Guohao Law Firm (Hefei) were specially invited as the hearers. Before the hearing, the undertaker sent the review report together with the file materials to the two lawyers participating in the hearing for review, and communicated with them in detail on relevant evidence, application of law and other issues.  

　　

　　 At the hearing, the complainant Ye Mouquan fully stated the reasons, basis and request for the appeal. Focusing on the two key issues of the case, namely whether the complainant has subjective intention to commit a crime and whether he has used violence or threats, Zhang Hongping, the undertaker, patiently and carefully explained the case review and handling and the relevant evidence on the record. The two lawyers and the hearers interacted with the complainant on the relevant issues of the case, and interpreted the complainant in combination with the evidence on the record and relevant legal provisions.  

　　 With regard to whether the complainant had subjective intention to commit a crime, the complainant insisted in the hearing that the compensation for the expropriation of his own land was not in place. At the time of the case, he did not know that the other party was a police officer, so he had no criminal intention. The undertaker explained that 80% of the compensation had been paid to the special account of the leader of the village group, but the compensation had not been paid to the account due to the disagreement of the villagers. In addition, a road and bridge company obtained the right to undertake the project through bidding, and the construction process was stopped for many times due to the obstruction of the masses and other reasons. On the day of the crime, the construction party requested the Development Zone Management Committee, the Lianyun Township Government and the public security department to deal with it according to law, which is necessary 。  

　　 "According to the law, the targets of obstructing official duties include all the public servants. From the records of your interrogation during the investigation stage, you know that the government sends people to the scene to maintain order, and whether you know it is a public security police does not affect the conviction." Shen Guoqing told the prosecutor. Lawyer Jiang Longfei further clarified to the complainant: "The government's land acquisition behavior, the construction company's construction behavior, and the public security's behavior of maintaining order are three mutually independent behaviors. If you are dissatisfied with the government's land acquisition, you can file an administrative lawsuit, but you have no right to obstruct the construction company's construction, let alone the public security personnel's performance of official duties." After listening to the explanations of the two lawyers and the hearers, the old man Ye Mouquan nodded and said yes, saying that he did not think too much at that time, nor did he know that it would cause trouble to the government, so he wanted to protect his rights. Now he knows.  

　　 In view of the complainant's opinion that he accidentally scratched and injured the public security police when the case occurred, which is not a legal act of violence or threat and does not constitute a crime. The undertaker read out the complainant's statement in the investigation, prosecution and trial stages of the original case on the spot. According to the evidence on the record, the complainant's statement in the original case was stable, and he has always admitted that he used his hands and feet to block the people who came to let him leave the scene, and there are relevant witness testimony and forensic expertise. Shen Guoqing In this regard, the lawyer reminded the complainant that your previous statements were stable, and that the continuous absence of repeated confessions was an important basis for reviewing the appeal case. "You can't deny what you said before. If you do not recognize it, you must provide solid evidence, otherwise you can't change your case." At the other end of the video, the complainant admitted that it was too long, and some details at that time were not clearly remembered, and there is no evidence now.  

　　 "Elder Brother Ye, your complaint will not only cost energy and money, but also will only add unnecessary troubles to your old life. It is recommended that you stop your complaint and visit." After the hearing, two hearers, combining the evidence on the case and relevant laws and regulations, once again explained clearly to the complainant and patiently persuaded him not to insist on his complaint.  

　　 After a "space" communication of law interpretation, love telling and temperature, the complainant, Ye Mouquan, had a comprehensive, objective and clear understanding of the evidence in his case, and had a further understanding of the relevant legal provisions, He nodded his head repeatedly in recognition of the interpretation and reasoning of the undertaker and the hearer, and especially thanked the provincial procuratorate for holding the hearing through remote video 。  

　　 After the case was settled, Zhang Hongping, the undertaker, specially paid a telephone return visit to the old man Ye Mouquan. The other party said that it had received the written reply from the Anhui Provincial Procuratorate and would not appeal again.  

　　 It is understood that the procuratorial organ of Anhui Province has innovated and developed the "Maple Bridge Experience" in the new era, and has carried out simple public hearings in a regular manner, guided by practical matters run by the people. While making full use of procuratorial wisdom, we should give full play to the role of "external brain", introduce a third party force to participate in conflict resolution, and strive to solve the problem in the first step, resolve the conflict in the first step, so as to give the people a real sense of gain.