Chapter 367: Arena Battle

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This month's performance appraisal briefing and regular work meeting of the Tianjin and Hong Kong Municipal Procuratorate was held in the large conference room this afternoon, and Zhang Ruiming, as the head of the Eighth Procuratorial Department, sat in the inner corner on the left. At this time, the meeting has not yet begun, the heads of various departments and departments gathered together, there are people who sit together in twos and threes to chat, and some who stand in the corridor to seize the time before the meeting starts.

Zhang Ruiming didn't find anyone to chat nonsense, nor did he bow his head to play with his mobile phone, and there was a stack of case files about Quan Jian pressed under the notebook in front of him, which were all painstakingly collected these days, and he was ready to take advantage of this regular meeting to put forward the situation of this case and strive for support from above.

Originally, the situation of Quanjian's case, he had reacted with Lu Bin no less than three times, Lu Bin has always shirked on the grounds of affecting the stability of the overall situation, and Zhang Ruiming is going to make a prelude at this regular meeting, and directly put forward the clues of this case, and see how Lu Bin will end up in front of everyone.

Sitting next to Zhang Ruiming was Han Yushan, the new deputy director of the Eighth Procuratorial Department, this cold-faced beauty sat beside her with a flat expression, her eyes did not squint, and her eyebrows were a little gloomy, which was a little incompatible with Zhang Ruiming in this noisy conference room.

Zhang Ruiming knew that this airborne beautiful deputy minister was invited by Lu Bin from the Provincial Procuratorate and Public Prosecution Department 3 , In the procuratorate that claims to be able to dismantle the men's toilet, Han Yushan's appearance is also one of the best, she is not at all like Zhang Liang's little girls, she has a unique coldness in her gestures, her eyes are faint, she doesn't look at people with a fixed look, and her face is always covered with clouds and mountains, especially the white and round neck, which is always straight, like an elegant black swan, crossing the cold lake in the white fog and confusion, making people feel that only one "fairy" word can be described.

Han Yushan usually speaks very little, but when he speaks, he always gets straight to the point. In the past, when I was in the Third Division of the Provincial People's Procuratorate and Public Prosecution, he was notoriously difficult to deal with, difficult to handle, demanding, and familiar with the business, and he would send the case file back at every turn, so that the young prosecutors who came to the corresponding units below to handle the matter were worried and frightened, for fear that the aunt and grandmother would disagree with each other, so they would send the file back, and then they would have to run away in vain. Later, even many people from the procuratorate below knew a little bit about things, and deliberately chose Han Yushan to come over to do things when he was not in the office, just to avoid this cold-faced Buddha who was difficult to speak.

At this time, this cold-faced Buddha and Zhang Ruiming sat quietly in the corner, although they were only a small deputy director of the Eighth Procuratorate now, but the momentum around them still made people dare not despise them.

"Boss, they're here, let's come in first. ”

As the assistant procurator general who walked into the conference room quickly reminded, the heads of many departments scattered outside, chatting with each other, returned to the office, and each did a good job according to their accustomed seats. But after the reform of the internal institutions this time, there are a lot of new "heads of the procuratorial department", the previous seats have long been disrupted, Zhang Ruiming, who has just recovered from a serious injury, is attending the meeting for the first time in a few months, in the face of this familiar and unfamiliar scene, he actually feels a little vicissitudes, seeing that the previous seat order has long been messed up, he is too lazy to care, and Han Yushan just sat next to the inconspicuous air conditioner, and did not want to fight for these empty things.

It didn't take long for Lu Bin to walk in quickly, nodding and greeting one by one, to be honest, Zhang Ruiming sometimes admires Lu Bin, he has always had the most headache for this kind of occasion that requires all-encompassing situations, but Lu Bin can handle it with ease, and even behind the smiling faces of the flowers, Lu Bin can also greet everyone with different eyes seemingly inadvertently according to different relationships.

Zhang Ruiming sat under the farthest air conditioner, never thought that Lu Bin would look at him, not to mention that in the past six months, because of the different views on the two cases, his relationship with Lu Bin has long been on the verge of being broken, and he has been repeatedly arguing and opposing. But unexpectedly, Lu Bin, who originally thought that he was "out of sight is clean", found Zhang Ruiming's location accurately after some eye search, stood still, and asked himself.

"That...... Ruiming, why are you sitting so far away in the Eighth Prosecutor's Department?"

Zhang Ruiming didn't expect Lu Bin to say such a thing in front of everyone, he was still a little dazed, and before he could answer, Lu Bin pointed to a position not far from his side and said, "Sit ahead." ”

As soon as Lu Bin's voice fell, a sensible assistant immediately moved the two chairs and prepared them for Zhang Ruiming and Han Yushan. Zhang Ruiming felt a little puzzled in the face of this sudden "preference", but he just responded with an "oh".

Zhang Ruiming didn't expect that this was not over, Lu Bin walked back to the main seat and introduced to everyone: "Minister Zhang of our city procuratorate, this time he was injured at work, the second-class merit and outstanding individuals in the province should have been approved, everyone should still pay attention to safety in their work, and if they encounter coercion and intimidation of the parties in the case, they must report to the organization in time, okay, let's have a meeting." ”

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Today's meeting is not alarmed, according to the process of walking down, after more than a month of wandering, Zhang Ruiming is not used to this kind of scene, he looked at the Han Yushan next to him, this girl is sitting still, the action of the notes in her hand has not stopped, Zhang Ruiming suddenly has a strange sense of curiosity, I don't know if the beautiful prosecutor next to him, who is also from the provincial inspection, will feel new to all this after seeing his sudden trouble, look at the Jingang City Inspection is not only these step-by-step Wenshan Huihai.

Soon it will be the turn of the Eighth Prosecutor's Department to talk about the work of the week.

Zhang Ruiming cleared his throat, he has always been accustomed to speaking out of script, today he nodded a little bit of his recent daily work, and then turned the conversation, and put the pile of information in his hand forward, and said loudly: "...... Judging from the current situation, this case involves Quanjian Group, a giant in China's health care products industry, and its case value is influential, which is a super big case with hundreds of millions of dollars. ”

As soon as these words came out, the participants who originally bowed their heads raised their heads after Zhang Ruiming spit out the words of Quanjian Group, all with a look of surprise. Many people were surprised when they heard Zhang Rui say that Quanjian was involved in these illegal situations, and they looked at each other, guessing that this "Zhang Maniac" would not really want to take such a giant enterprise, right?

"According to the clues obtained so far, Quanjian Group has been involved in the production and sale of food that does not meet safety standards, the production and sale of counterfeit drugs, and even the organization and leadership of pyramid marketing activities...... The above general clue information, as well as the preliminary investigation report, are all here, and I would like to ask the leaders of the procuratorial committee to pay attention to them......"

After speaking, Zhang Ruiming stood up suddenly, holding the investigation data of the Quanjian Group, which had condensed his countless efforts, in both hands, and leaned forward to hand it over......

It was placed in front of Lu Bin like this, and at this time, everyone's eyes also fell on the face of the prosecutor general with the case file materials.

At this time, Lu Bin's face was a posture of dark clouds pressing down on the city and mountains and rains were coming.

"Ruiming, this case ...... Has your Eighth Prosecutor's Department done a good job of verifying?"

In the face of the procurator general's question, Zhang Ruiming replied categorically: "Report to the land inspection, our Eighth Procuratorate Department has verified, there are indeed relevant illegal situations, and it is recommended to gather with relevant departments to jointly deal with it, and now this case has also caused some public opinion, I understand that some of the injured parties have filed a civil lawsuit, in this case, it is also beneficial to our work, and our Eighth Procuratorate Department is also ready to file a corresponding public interest lawsuit at any time, so to speak, waiting for the instructions of the leadership......"

Zhang Ruiming's sentence "just waiting for the leader's instructions" ended a little long, but Lu Bin's response was gloomy, and he snorted briefly, and Yan Lu, the deputy procurator general who was closer to Lu Bin, saw the face of the top leader next to him, and knew that Zhang Ruiming's kid had hit the hard wall again, and he put away the opinions and ideas he had originally prepared, and waited quietly to see how Lu Bin would clean up this kid.

Sure enough, Zhang Ruiming's words were all over the place, and Lu Bin just replied with a deep face: "How are the pre-litigation procedures?"

Hearing this, Zhang Ruiming chuckled in his heart, knowing that today he wanted to take the opportunity to forcibly promote the filing of public interest lawsuits, and it was estimated that he had to postpone it again.

The pre-litigation procedures for public interest litigation are ancillary procedures for public interest litigation, mainly referring to the pre-litigation procedures that the procuratorate must perform before initiating a civil or administrative public interest lawsuit with the people's court, such as the source of case clues, acceptance, investigation and evidence collection, review, supervision and notification procedures, and pre-trial procuratorial suggestions.

The pre-litigation procedure exists as a procedure before initiating a public interest lawsuit with the court, and is a notification and supervision procedure performed by the procuratorate before initiating a public interest lawsuit. In terms of time flow, it precedes litigation, and in legal logic, it is the condition and basis for initiating public interest litigation.

For the pre-litigation procedures for ordinary civil public interest litigation, the pre-litigation procedures focus on encouraging and supporting the organs prescribed by law and relevant organizations that meet the requirements of the law to initiate litigation, urging the organs prescribed by law to perform their duties, and informing social organizations to initiate litigation. The procuratorate shall propose in the form of a procuratorial recommendation that the organ prescribed by law initiate a civil lawsuit, and make a public announcement in the media distributed nationwide, informing environmental protection organizations, consumer associations, and other relevant organizations to initiate civil public interest litigation. Generally speaking, the procuratorate will only initiate a civil public interest lawsuit if there is no qualified entity to file a lawsuit and the public interest is still infringed.

As for the pre-litigation procedures for administrative public interest litigation, the pre-litigation procedures focus on urging the administrative organs to perform their duties and correct illegal administrative acts in accordance with the law through procuratorial suggestions. Procuratorates formulate and issue pre-trial procuratorial recommendations and urge administrative organs to perform their duties, that is, they shall submit pre-trial procuratorial recommendations to the relevant administrative organs, urging them to perform their duties in accordance with law, and protecting harmed national interests and societal public interests.

Specifically, the local consumer association should have taken charge of this matter and filed a civil public interest lawsuit, and only after the procuratorate has informed and supervised the relevant institutions, and the social institutions with relevant rights and responsibilities still do not act, the prosecutor will file a public interest litigation procedure.

From the perspective of pre-litigation procedures, the "crime of producing and selling counterfeit drugs" currently involved in Quanjian Group involves issues in the field of administrative public interest litigation, because generally speaking, this kind of behavior is under the jurisdiction of the local drug regulatory department, and after finding out the relevant clues, the prosecutor should submit pre-trial procuratorial suggestions to the local drug regulatory department, urging it to perform its duties in accordance with the law and protect the damaged national interests and social public interests. This is the general practice of administrative public interest litigation.

Finally, the "crime of organizing and leading pyramid schemes" involved in Quanjian Group, because the main body of its crime is a general subject, and only natural persons constitute the crime, simply put, it means that pyramid schemes only punish specific individuals, so Zhang Ruiming had a difficult "undercover investigation" in the previous period According to the strict pre-trial procedures, the procuratorial authorities should hand over the relevant case clues to the public security organs, urge the public security organs to file and investigate, and at the same time, at the same time, they can also file public interest lawsuits in the form of civil public interest litigation attached to criminal cases in the future to protect the public interest.

I didn't want to know, I was shocked, Zhang Ruiming analyzed it a little, but I didn't expect that the case of Quanjian Group could really bear the words "shocking case", that is, from the nature of the case, civil public interest litigation, administrative public interest litigation, and criminal public interest litigation...... It is really the first public interest litigation case in the field of food and medicine in Nanzhou Province!

But the more Zhang Ruiming thought about it, the more frightened he became, because public interest litigation is still a new thing, and it is also a "key project" of the procuratorate in judicial reform. The lack of standardization of the relevant pre-litigation procedures is one of the key hidden dangers.

From Zhang Ruiming's point of view, Quanjian Group has strong strength and complex relationships, especially in Jingang City, which has deep-rooted network resources, and the relevant pre-litigation procedures have obvious non-mandatory and passive nature, especially the procuratorial suggestion, in official language, is "formalized, insufficient supervision ability, and difficult to achieve the desired effect", but in fact, to put it bluntly, it is useless to send out this procuratorial suggestion, others pick it up and see if it is, and turn around and throw it away as waste paper. Previously, in the "Nanhuizhu Damage Case", Feng Binbin and others informed the prosecutor's procuratorial suggestions and supervision, that is, when the prosecutor let out a fart, he didn't smell it, and turned around and left.

In this case, the same situation is also the case, Quanjian Group, as a major overlord in the industry, judging from the previous wins of Quanjian, people are not afraid of lawsuits at all, and they may not even take the local drug administration, consumer association and other departments in their eyes. If the local drug administration and consumer association dared to do something against a super group like Quanjian, they would have done it a long time ago, and they would not wait for your procuratorate to issue this piece of paper.

At this time, in the face of the question raised by Lu Bin, Zhang Ruiming's face was difficult, and in just a few seconds when he stood up, he went through the pros and cons of the pre-litigation procedure of the entire case in his mind, knowing that it was not of much significance, but at this time he could only reply: "Report the land inspection...... We have conducted a preliminary investigation of the pre-litigation procedure and communicated with the relevant departments...... Actually, I have an idea about this, because of the particularity of this case, it is well known that Quanjian Group is a giant enterprise in Tianjin and Hong Kong, and for a behemoth of this scale, the general pre-litigation procedure ......"

"I only ask you, how are the pre-trial procedures that you should have done? Have you sent a procuratorial recommendation? Have you urged and informed the drug regulatory department that you have done it?"

Zhang Ruiming's heart sank, and he could only reply: "...... No. ”

The audience was silent, anyone could see the intention and attitude of the leader at this time, and thought that Zhang Ruiming, a young boy, should know the difficulty and retreat, and sit down obediently, but to everyone's surprise, Zhang Ruiming only hesitated for a moment, and said bluntly to Lu Bin: "Lu Jian, do you know how large Quanjian is now? Now there are millions of members of Quanjian Group across the country!" According to the judgment documents, two or three victims have delayed treatment this year because of Quanjian's counterfeit drugs and pyramid schemes, resulting in the death of patients, and from the fire therapy and other means they have promoted, three or four people have lost their lives in recent years, not to mention the money of countless people who have been ...... by them."

"Enough! Pay attention to your own tone!" Zhou Jingxing, the young deputy procurator general on the side, saw that the situation was unfavorable to Zhang Ruiming, and he quickly stopped Zhang Ruiming's impulse, but Zhang Ruiming's words had already been spoken, and the scene was already covered with water, he clenched his fists and looked directly at Lu Bin in front of him. But Lu Bin couldn't see the changes on his face, he just asked softly, "Minister Zhang, what is your identity?"

Zhang Ruiming was slightly stunned, he hesitated, and replied calmly: "I am a prosecutor and a lawyer, and it is my ...... to pursue fairness and justice."