"Thanks to the prosecutor who helped me fight the lawsuit, the court ruled that the other party gave me all the medical expenses owed to me, and I no longer have to worry about this matter every day." On October 10, the prosecutor of the Civil Procuratorate of the People's Procuratorate of Zhongzhan District, Jiaozuo City, paid a return visit to the case handled, and when he came to Zhang Mouyan's house again to understand the situation, Zhang Mouyan happily said words of thanks.
In March 2023, Jin Mouhua drove a four-wheeled electric vehicle and injured the applicant Zhang Mouyan. The Traffic Police Brigade of the Public Security Bureau determined that Jin Mouhua was fully responsible for the accident, and Zhang Mouyan was not responsible. After the accident, Zhang Mouyan went to the hospital for a physical examination, and was diagnosed with a shoulder injury and spent more than 1,300 yuan in medical expenses. However, after Jin paid more than 400 yuan in medical expenses on the same day, he did not compensate for any other medical expenses. After investigation, Zhang Mouyan graduated from primary school, her hometown is in another place, her husband works in Hubei all the year round, and she has two children to take care of, and her litigation ability is weak, and she wants to sue but does not know how to protect her rights and interests, so she decided to support the prosecution of the case. The procurator earnestly examines the case materials, learns from the parties about the accident, collects fixed evidence, and organizes a hearing attended by lawyers and people's mediators, and after fully arguing the causal relationship of the accident and the amount of compensation, submits opinions in support of the prosecution to the court in accordance with law. After the trial, the court adopted the opinion of supporting the prosecution and supported all of Zhang Mouyan's litigation claims. Soon after the verdict took effect, Zhang Mouyan received all the medical expenses.
Every small case is related to people's livelihood, and small things are connected to the people's hearts. In recent years, the People's Procuratorate of Zhongzhan District has always adhered to the concept of "small cases, big livelihood", always taken the protection of the legitimate rights and interests of the people as the starting point and end point of procuratorial work, actively performed its duties in accordance with the law, actively carried out special activities to support prosecution, effectively protected the rights and interests of vulnerable groups, and truly solved the urgency, difficulties and worries for the masses.
Chain of Laws
1. What is the target and scope of the procuratorate's support for prosecution? Civil procuratorial support for prosecution is the procuratorial organs' lawful support for vulnerable groups harmed to file lawsuits in the people's courts on the basis of the legal supervision functions provided for in the Constitution for conduct that harms the civil rights and interests of the state, collectives, or individuals.
With regard to the scope of vulnerable groups, it may include the following situations: 1. Those who receive a minimum subsistence allowance; 2. Those who are supported by the government in nursing homes, orphanages, or other social welfare institutions; 3. Economic difficulties caused by natural disasters or other force majeure and other reasons; 4. Unable to pay for legal advice; 5. Migrant workers working in cities and towns; 6. Other persons who truly need to be given legal support and assistance.
The scope of cases in which the procuratorate supports prosecution may include the following types of cases: 1. Initiating a civil lawsuit for refusal to pay labor compensation, social insurance premiums, personal injury compensation, and so forth; 2. Initiating a civil lawsuit for the purpose of recovering child support, alimony, pension, bereavement pension, minimum living allowance, etc.; 3. Filing a civil lawsuit for damages caused by the purchase or use of seeds, pesticides, fertilizers, or other means of agricultural production; 4. A consumer initiates a civil lawsuit due to a dispute over the advance collection of consumer payments; 5. Other situations where it is truly necessary to support the prosecution.
II. What are the ways in which the procuratorate supports the prosecution? 1. Legal Support. In handling specific cases, procuratorial organs may provide legal advice to the parties, write litigation documents, and so forth. 2. Evidence support. guide the parties in ways and means to collect evidence, so as to strengthen the parties' ability to collect evidence; Where necessary, the parties may apply for the procuratorate to collect evidence that cannot be collected for objective reasons. 3. Litigation support. Submit a statement of support to the court as a support for the parties to sue the lawsuit; Support and assistance in the form of requests for reduction or exemption of litigation fees, applications for legal aid lawyers, etc.
III. What materials are required to apply to the procuratorate to support the prosecution? 1. Submit an application for support for prosecution to the procuratorate. 2. Prepare copies of the complaint, identity certificate and relevant evidentiary materials.
(Correspondents: Lin Yingying, Wei Zhenzhen, Wang Ling)