Volume 3 Chief of Civil Bank Chapter 97 "Traceism"
As soon as Yan Lu said this, there was a burst of surprise below, and a few people who reacted quickly all understood that this Yan Jian had indeed been out of practice for too long, but they didn't know how to explain it to him.
But if he refutes him in front of so many people, it will hurt his face too much, and after all, he is the deputy procurator general in charge, so he can't be in a hurry, Zhang Ruiming turned back to everyone and said: "You people, it's really right to criticize you for your lax discipline! The doors of the following offices are not closed, you go down and get busy first, just me and the two people who are in charge of this case can stay, do you think this is okay?"
Yan Lu didn't know what medicine he was selling in his gourd, but he nodded. The rest of the people, except for Zhang Ruiming, Zhang Liang, and Wu Yun, all left the deputy procurator general's office.
After the others left, Zhang Ruiming looked at Yan Lu with a smile, and did not speak, Yan Lu was seen by him hairy, and said directly: "What kind of ghost name do you kid have, just talk about it, what a laugh!"
Zhang Ruiming gave him a thumbs up and said hypocritically: "I still admire the strict inspection, which has created a new situation in the field of public interest litigation! In the point of turning public interest litigation into criminal litigation, we are the first person in the country to strictly prosecute!"
Yan Lu heard Zhang Ruiming's ridicule at this time, and he said to Zhang Ruiming with the whites of his eyes: "Zhang boy, it's useless for you to laugh at me, I haven't been in contact with practice for too long, but you come to my position to try it! Nearly 300 meetings will be held throughout the year, all kinds of video meetings, coordination meetings, retreats, and several documents are waiting to be studied every day! I am also willing to do case files and appear in court every day, and I have time to study, but who will help me hold these meetings?!"
Listening to Yan Lu say this, Zhang Ruiming also understood, now the leadership is not easy to do, the mountains and the sea of literature, traces are prevailing again, requiring everything to have traces, everything has an account, change yourself to the position of Yan Lu, and may not have time to consolidate practical knowledge, thinking of this, Zhang Ruiming put on a smiling face and explained to Yan Jian: "Yan Jian, I'm not laughing at you, I'm reporting the situation to you, if we now move from public interest litigation to criminal proceedings." Let's not talk about whether the Public Prosecution Department supports it or not, and whether it is willing to accept it, from a legal point of view, there is trouble, and when it comes to the issue of turning civil litigation into criminal litigation, the local public security will not slap itself in the face, and it will not work at all. Second, from a practical point of view, there is no precedent for this, so I don't support it. ”
When Zhang Ruiming said this, Yan Lu probably understood what he meant, but he still took care of his face and said with an iron face: "Then what do you say?! Could it be that we have regressed because of pressure?"
Zhang Ruiming just wanted to answer, when Zhang Liang suddenly said: "This is my case, I think it is enough to compensate for damages and apologize according to the complaint that has been submitted, and the court will try independently, and we don't have to do anything ......."
"No, we must at least protect you well, and if there is any more tracking and besieging you in the future, I will call the director of the city bureau and detain you directly in accordance with the public security regulations! I must protect you!" Lao Yan said something wrong before, with an annoyed look on his face, and finally came across a point that he could say, and immediately emphasized the protection of the procuratorial cadres and police.
"What Yan Jian said is that Sister Liang has really worked hard these days......" Wu Yun interjected at the right time.
While several people were talking, Zhang Ruiming didn't say a word, carefully examined the case file, Yan Lu glanced at the new section chief who was not very good with him, saw that he didn't say anything, and said: "Since there is no other opinion, then so be it, protect the safety of our comrades first, we should be detained and detained, and we don't need to communicate with the court anymore, and we should be punished as much as we want......"
Zhang Ruiming suddenly asked: "After the appraisal agency commissioned this time, after they inspected and identified the damaged karst landform, they concluded that it would take how many years to restore it, and how much would it cost?"
"I heard that it will take more than 2,000 years to restore naturally, and the cost of restoration and protection seems to be more than 4 million ......," replied Wu Yun.
"Well...... Zhang Ruiming pondered for a moment and said, "This case reminds me of the last public interest lawsuit I handled in the provincial procuratorate, the Nanjiang Group pollution case, which also faced huge environmental remediation costs......
Hearing the words "Nanjiang Group", several people were shocked in their hearts, the last time the "Nanjiang Group pollution case" was really boiling and full of wind and rain in the city, and many details were taboo. It was rumored in the courtyard that Zhang Ruiming himself was kicked out of the provincial inspection because of this case, but he didn't expect the party to mention this matter himself, and everyone in the office suddenly held their breath and listened carefully to his next words.
Zhang Ruiming asked Wu Yun a strange question: "Do you know what is the biggest legal difference between you and big enterprises like Alibaba, Tencent, and Nanjiang Group?"
"Uh...... Personally?...... Profitability, business practices, or can you hire people?" Wu Yun was puzzled by the question, not knowing why Zhang Ruiming suddenly asked such a strange question.
"No, whether you run an individual or open a sole proprietorship, you can make a profit, you can take out loans, you can hire employees, these are not fundamentally different from large enterprises. And the biggest difference in law is actually the difference in responsibility!"
Hearing this, Zhang Liang suddenly understood that what Zhang Ruiming wanted to say was actually a follow-up problem.
"If you are an individual or a sole proprietorship, you are all liable for the debts of your individual or enterprise, and there is no personal bankruptcy law in China! If an enterprise loses money or the company violates the law and owes a huge amount of debt, it can directly go through the bankruptcy procedure and break up. And no matter how much money you owe to you, these debts will always be on your head, which is the biggest difference, so in this case, the families of the four defendants will be so excited, I have read the case file, some family members are really not in good condition, the millions of compensation on their heads, for them, it is almost a catastrophe, the whole family is almost ruined here, and they can't understand why "children have to pay so much money". That's why they made the excesses of besieging Comrade Zhang Liang. ”
Zhang Liang was unhappy now, listening to Zhang Ruiming's tone, it seemed that she was ready to deal with it softly, and she couldn't help but say at this time, she who had been wronged in the case: "However, so many cases of murder, robbery, and intentional damage to property, is it not the same as requiring huge compensation? Isn't it a natural thing to repay debts and accept punishment for mistakes?"
Zhang Ruiming said with a wry smile: "You haven't been in the Public Prosecution Department, you may not know that in the actual judicial process of my country, serious criminal offenses have not lost any money...... Except for traffic accident crimes, the losses that the court can support in other cases are mainly material losses, such as medical expenses, nursing expenses, transportation expenses, and other part of the expenses paid for treatment and rehabilitation, and at most a lost work fee. Really, simple criminal offence compensation, not much compensation. ”
"However, not many times, the government and units will also come up with money...... By the way, there are also civil lawsuits attached to criminal cases. ”
Zhang Ruiming put the materials back into the kraft paper case file bag, while slowly twisting the noose behind the bag, lowered his head, and his tone was a little low and depressed, "The criminal attached civil lawsuit is also similar, and it also does not support moral compensation, and large amounts of compensation are generally based on the premise of providing a letter of understanding. The package of upgrading and transformation has satisfied the local people and workers. It was a huge project, and the feedback is very good, and the case of the Nanjiang Group is a good end, but these are based on the premise of government intervention...... So, why is it said that no one pays attention to what our procuratorate says now, indeed, relying only on the law, there is very little we can do...... In the end, many cases rely on the strength of organizations, governments, and units to deal with the aftermath. ”
After all, Yan Lu is an experienced deputy procurator general, listening to Zhang Ruiming's words, he understood what this kid meant, before, about the last time the Nanjiang Group case was so big, of course, the end must be announced to the world, in Dongjiang City's various portals, now you can see such a news - "Dongjiang City Three-year Action Plan for Winning the Battle of Green Mountains and Clear Waters"
The main contents include: the direct closure of the mining area in the key polluted area of the Nanjiang Group. Of course, at the same time, Nanjiang Mining must pay more than 200 million yuan in compensation for environmental restoration, but let Nanjiang Mining upgrade and transform the environmental restoration technology to offset the compensation costs it pays, so that on the one hand, it can make environmental restoration, and the impact on the employees of Nanjiang Group can be minimized......
This kid also wants to use his strength to resolve the conflict in this case?
Zhang Ruiming calmly said to Deputy Procurator General Yan: "I also want to be in this case, now the contradictions are all focused on our Jingang City Procuratorate, and the parties feel that we are suing them and chasing us every day, which is not good." I want to use the strength of the scenic spot, the government, the management committee, and the scenic spot management company to deal with it, if it is just a few college students to be punished, it will not solve the key problems, but may intensify the contradictions, so, if it is convenient, can we hold a coordination meeting? Together with the court, call a few relevant units to sit down and discuss how to deal with this matter. Hey, to put it bluntly, I don't want our procuratorate to silently carry the black pot and carry such a lot of pressure, and let those people on the shore come down to try the depth of the water. ”