Volume 1 The First Battle of Public Interest Chapter 1 The First Public Interest Litigation in the Province
The solemn five-star red flag was raised together with the rising sun, and the French emblem with the golden balance pattern in the middle of the procuratorate building shone with dazzling brilliance against the background of the national flag.
Zhang Ruiming looked at it in a daze, and every morning before the trial, he would stand here and silently recite the prosecutor's oath in his heart-
"I am a procurator of the People's Republic of China, and I swear: to be loyal to the motherland, to the people, to the Constitution and the law, to faithfully perform the duties of legal supervision, to abide by the professional ethics of the procuratorate, to safeguard fairness and justice, and to safeguard the unity of the legal system. ”
Today is the first trial of the "Jingang City Four Poisoned Runway Case", and it is also the first public interest litigation case caused by the "Poisoned Runway" in the country. The trial of this case will set off a huge wave, and for many years, civil lawsuits and even administrative lawsuits arising from the "drug runway" case have been reported repeatedly, but most of them have been dismissed. Cases like this have always been a lawsuit that cannot be fought, there are too many difficulties, first of all, it is difficult to obtain evidence, how do ordinary parents know what benzoic acid is, occult blood is weakly positive, and then the litigation time is long, the first instance, the second instance, execution, and then interspersed with several administrative reconsiderations, and the daylily is cold. And the compensation is also very meager, but it is likely that the attorney's fees will not be enough.
But this time is different, this is a public interest litigation that has attracted national attention, and some media have released the title - "One of the Top Ten Cases Affecting the Legal Process in 2018", because the country that shot this time was declared war on the "drug runway" by the Jingang Municipal People's Procuratorate in the form of directly filing public interest litigation.
Zhang Ruiming, as the prosecutor in this case, knows the weight of this case even more clearly.
Since July 2017, Jingang City was identified as a pilot area for public interest litigation filed by the Nanzhou Provincial Procuratorate, which is the first case of public interest litigation in the province.
The impact of the case is large, and the brief facts of the case do not seem to be complicated: at the end of August 2017, a plastic runway was laid in the No. 4 Middle School of Jingang City, but it emitted a pungent smell. Not long after the paving, a number of students in the school had adverse reactions, and even a leukemia patient who was not known whether it was related, and the Jingang Municipal People's Procuratorate learned of the situation and immediately sent a letter to Jingang No. 4 Middle School, asking it to take measures to dismantle the plastic runway and eliminate pollution to the atmosphere and soil environment. The Jingang Municipal People's Procuratorate filed a public interest lawsuit with the Jingang Intermediate People's Court on the grounds that the school had damaged the atmosphere and soil environment and caused harm to the public interest, requesting the court to order the Jingang No. 4 Middle School to bear the responsibility of demolishing the plastic runway in the middle school and taking remediation or alternative remediation measures for the polluted soil and atmospheric environment.
The media press release here seems to be a simple case, but in fact, Zhang Ruiming found that it is complicated, not to mention that the defendant is the leader of the Tangtang Municipal Education Commission and the secretary of the party branch of Jingang No. 4 Middle School, Chen Zhijun is a myth in the Jingang education circle, Jingang No. 4 Middle School is the country's premier famous school, known as "Huangpu No. 4 Middle School", and there are dozens of college entrance examinations in Tsinghua University and Peking University every year, which is the most important middle school in the province.
As the head of the No. 4 Middle School, Chen Zhijun is also famous in the officialdom, even better than the director of the Jingang City Education Bureau, and once shouted at the wine table, "Don't change the deputy mayor!", even Zhang Ruiming's father was once scolded by this person in the shopping mall.
It's an uphill battle.
At the same time, the pressure of public opinion is also very great, and now the entrance of the Municipal Intermediate Court has been surrounded by the long guns and short cannons of various media, these "regular soldiers" Zhang Ruiming is not worried, but he is afraid that some "Internet celebrities" will secretly clip a mobile phone to give you a live broadcast of the trial. The impact is even greater, and now the people's awareness of the legal system has risen rapidly, which is inversely proportional to the declining moral level of some rogue lawyers in society.
As a student of the famous Chinese jurist Wu Kaiming, Zhang Ruiming is actually a pure social law student in his heart, and Zhang Ruiming hates this kind of lawyer who destroys social order and challenges the bottom line of morality.
The trial is about to start, and Zhang Ruiming once again confirmed with Zhang Liang, the assistant prosecutor next to him, whether he had brought all the materials.
Zhang Liang is an assistant prosecutor who has just been admitted to the Jingang City Procuratorate. A rookie, as soon as this girl made a little mistake, she looked at you innocently with big watery eyes, this time she came to court, Zhang Ruiming didn't bring her here because this girl was beautiful.
Zhang Ruiming was forced to be helpless.
Originally, according to the requirements of judicial reform, after the reform of the post system, now only the procurators in the post can appear in court as prosecutors to perform their duties, but the city procuratorate has so many cases a year, more than 100,000 cases a year, but Zhang Ruiming and their civil bank section are just a few people, and the procurators in the post like Zhang Ruiming have to handle more than 300 cases a year, where are there still manpower, and now the pressure in the hospital is also very great, and there are occasionally people at the bottom who say strange things: work without identity, have an identity on the name, and personally sweep the snow in front of the door, today a pair of tables. No one had time to accompany Zhang Ruiming in court.
Zhang Ruiming begged to no avail, and ran to the office of the deputy procurator general in charge of the civil affairs section, and the deputy procurator general Yan, who had already had some problems with him, said disapprerovingly: "Forget it, in the early years of reform, some flaws can be understood." ”
So, Zhang Ruiming really had no one to take with him, so he had to grit his teeth and take her to court.
Zhang Ruiming almost arrested the girl directly from the school to the scene of the trial, and the girl had just been appointed assistant prosecutor by the prosecutor general for a few months. Fortunately, this girl is sensible, diligent, and neatly written.
Walking into the fourth courtroom, a familiar figure walked over, tall and chic, it was Wu Kaiming, the chief lawyer of the defense in the public interest litigation here, a famous Chinese jurist, and Zhang Ruiming's university mentor.
"Hello, Prosecutor Zhang. Wu Kaiming shook Zhang Ruiming's hand with a smile and kindness.
"Hello, Lawyer Wu. Zhang Ruiming had mixed feelings in his heart, he had long known that Chen Zhijun, the head of the fourth middle school in this case, would invite the most dazzling star lawyer group in Jingang City, Zhang Ruiming glanced at the defense seat, Zhu Yonghe, Zhang Jikai ...... Which is not a well-known barrister.
What's more, even his master was moved out.
Wu Kaiming clenched Zhang Ruiming's right hand and added afterburner, and the beads of sweat on Zhang Ruiming's head were densely covered.
At this moment, a crisp voice sounded out of place.
"Ah!!Zhang Jian, I'm sorry, I forgot to bring my court appearance notebook, can you give me the car keys, should I forget it in the car......"
Assistant prosecutor Zhang Liang asked Zhang Ruiming with an ignorant expression.
Zhang Ruiming looked at the other party's all-star lineup, and then looked at the beautiful silly girl next to him, and he had the heart to beat people.
Still holding back and throwing the key to her as kindly as possible, the girl trotted all the way to get the notebook.
The wait before the trial is occasionally noisy, and the clerk is busy arranging the materials and turning on the computer to find the document template. The lawyer kept telling the client what he could say and what he couldn't say, and the crowd in the auditorium gradually filled, and the noisy ones were waiting for the court to begin.
At this time, Wu Kaiming patted Zhang Ruiming on the shoulder and wanted to take him aside, he was half a head taller than Zhang Ruiming, and it was difficult to refuse with an elder attitude. Zhang Ruiming was unmoved, smiled and waved his hand, and told his master with body language: Just talk here, I am a prosecutor, I am above board, and there is no need to shy away from it.
Wu Kaiming was stunned, and suddenly understood that his beloved disciple was not what he used to be, and his attitude was tough. smiled and said: "Zhang Jian, we didn't ventilate before, and we didn't apply for reconciliation, do you know why?"
Zhang Ruiming hesitated slightly, and replied: "It's your Principal Chen who is very stubborn and refuses to settle with our prosecutor." ”
Lawyer Wu, who is nearly 50 years old, twitched the corners of his mouth, narrowed the distance, and said mysteriously: "Ruiming, you want to fire the first shot in this case, and the provincial procuratorate wants you to win, and we also know it, but this case has nothing to do with my client from the subject to the planning, and then to the supervision. ”
Zhang Ruiming didn't answer either, and suddenly threw out a noun that made Wu Kaiming baffled, "Lawyer Wu, do you know what "xylene" is?"
Wu Kaiming was slightly stunned, and suddenly understood, and deliberately deflected the topic, and said to Zhang Ruiming with a smile: "Ruiming, I remember that you used to study at Western University, and you didn't study applied chemistry, but law, how did you study this." ”
Zhang Ruiming said with a straight face: "Xylene is a class III carcinogen, and this time the xylene measured on the "toxic runway" of your four middle schools is that xylene seriously exceeds the standard, and now dozens of teachers and students have had adverse reactions. There are 17 students who have been diagnosed, including a leukemia patient, if your client wants to talk to our prosecutor, first show sincerity, properly settle these violated parties! And come up with a timetable for rectifying the problem, and make compensation, otherwise, our prosecutor will protect the physical and mental health and legitimate interests of the people through litigation!"
Seeing that he had said this, Wu Kaiming's expression also changed, and he said solemnly: "Prosecutor Zhang, you are a student taught by me, have you forgotten the basic legal principles, not to mention the Western principle of "criminality by law", you are a Chinese prosecutor, the basic attribute of socialist law - the principle that no one can be found guilty without a court judgment, at least remember, before the case is decided, do not make any presumption of guilt!"
Zhang Ruiming wanted to say a few more words, but at this time, the judges of the Jingang Public Interest Trial Court walked in. Seeing this, the two returned to their normal expressions, cleaned up the awkward atmosphere, shook hands again, and returned to their respective positions.
It was 9:30 a.m. sharp, and the trial was about to begin.