Original title: A ball game storm led to a two-year lawsuit in Wuhan Hanyang: in-depth investigation and solution of "legal knots", and careful communication to "heart knots"
The parties shook hands at the Hanyang District Procuratorate and made peace
Two years ago, a snatch on the football field caused He to be injured, Lin insisted that he refused to apologize and compensate for no fault, and the injured insisted on litigation to seek "explanation". Recently, after two years of litigation, the parties shook hands and made peace at the Hanyang District Procuratorate in Wuhan City, Hubei Province, and He not only withdrew the application for civil procuratorial supervision, but also presented a pennant to the procurator.
Not satisfied with the verdict - appeal for two years to discuss the "argument"
In May 2019, He fell and was injured during a game. He believes that Lin, who grabbed the ball with him, should bear full responsibility, but Lin not only denied it, but also ignored He's injury. He then appealed to the court, requesting that Lin be convicted of violating his right to health.
At the scene of the trial, the two sides had their own opinions. He mou believes that Lin mou kicked himself down, Lin mou said that he himself stepped on the ball and fell, both sides provided 2 witnesses, but the facts proved were completely opposite, and there was no video surveillance at the scene. After trial, the court held that the fall injury in the football game was a reasonable risk of cultural and sports activities, ruled that He lost the case, and according to the principle of fairness, ordered Lin to compensate He for economic losses of 3,000 yuan.
He was not satisfied with the judgment, the court of second instance upheld the original judgment, and the application for retrial was rejected by the court. In August 2021, He applied to the Wuhan Municipal Procuratorate for procuratorial supervision. After the case was transferred to the Hanyang District Procuratorate, prosecutor Zi Xiaolu quickly locked the focus of the dispute after review: In the football game, did Lin have a touching behavior towards He? If there is a touch, does Lin have subjective intent or gross negligence? Does the court's decision comply with the law?
Check the evidence – the direction of supervision is clearer
With these questions, Zi Xiaolu went to the scene of the crime to check. At that time, the doctor Li XX, who sent He X for medical treatment, was not only an eyewitness at the scene, but also a person who judged that He X was seriously injured and needed to seek medical treatment immediately. After investigation and verification with Mr. Li, Mr. Lin should have had physical contact with Mr. He at the time of the incident. Zi Xiaolu also investigated whether Lin and He had a dispute before the incident, the family situation of both parties and the experience of playing football, and confirmed that the two did not know each other before the game, there was no contradiction, and there was no dispute during the kicking process, thus determining that Lin had insufficient evidence of intentional or gross negligence in the occurrence of the damage result.
With the clarity of the facts of the case, Zi Xiaolu believes that according to the relevant provisions of the Civil Code and the Tort Liability Law, the court's judgment is not improper. According to the Rules for the Supervision of Civil Litigation of the People's Procuratorate, the procuratorate shall make a decision not to support the application for supervision. But can "a paper decision" really convince He Mouxin? Zi Xiaolu couldn't help but put a question mark in his heart. "Perhaps it is necessary to promote the reconciliation between the two people in order to substantively resolve the contradiction." After some thought, Zi Xiaolu made a judgment.
Turning the "heart knot" - repeated communication shows results
After many telephone exchanges and face-to-face communication, He finally revealed his heart: "In the past two years, I have always insisted on fighting the lawsuit to the end, not for material compensation, nor to have to destroy the other party, but to seek justice for myself." Since I was injured, the other party did not even have a word of apology, and insisted in court that he did not touch me, and the court actually ruled that I lost. ”
After clarifying He's appeal, Zi Xiaolu got in touch with Lin. Lin Mou said that at the time of the crime, he did not have a clear understanding of the legal provisions and had a heavy psychological burden, so he had been hiding afterwards, and his father had recently been seriously ill and hospitalized, resulting in him having no time to take care of this matter. Zi Xiaolu then told Lin about the difficult recovery process after He's injury, and Lin, who was taking care of his sick father, had a little more understanding and sympathy for He at this time. When he learned that He only wanted justice, Lin admitted that his behavior did cause harm to He, and the attitude of avoiding afterwards was even more undeserved.
Procurators listen to the opinions of both sides "back to back" and "face to face", coupled with patient and meticulous interpretation of the law and reasoning, and build a bridge of communication, the "heart knot" between the two parties involved has been gradually opened.
Build a platform - resolve contradictions and warm people's hearts
On the afternoon of September 29, He and Lin had a three-hour dialogue at the Hanyang District Procuratorate. This is the first time in more than two years that the two have calmly communicated face to face. Zi Xiaolu presented the evidence of the investigation and verification to both sides one by one, and in the face of evidence and facts, the two sides exchanged frankly under the guidance of the procurator's patience. In the end, Lin took the initiative to express his willingness to pay 3,000 yuan in compensation and apologized to He, who also expressed forgiveness to Lin. The two sides shook hands and made peace, and He then withdrew the application for supervision.
"The case is closed and the person is the target of the procuratorial organs, and the case is not completed, and the 'knots' in the hearts of both sides are solved." Speaking of this case, Liang Zhishun, deputy procurator general of the people's procuratorate, said with deep feelings: In handling cases, we should unremittingly do a good job in the work of settling lawsuits and serving judgments, so that the damaged social relations can be repaired, so that the masses of the people can feel the temperature of the judiciary and truly feel fairness and justice. (Zhou Jingjing, Zi Xiaolu, Yu Jia)
Source: Procuratorial Daily