Volume 1 The First Battle of Public Interest Chapter 15 On the eve of the meeting of the adjudication committee
Zhang Liang opened her eyes wide and said: "In this case, Wu Aimei's family, as the injured party, always has a clear purpose, they just want to get their own compensation, they should still belong to the contradictions, unity, and relatively simple." β
Zhang Ruiming smiled bitterly, in his ten-year career as a public prosecutor, he has encountered too many such parties, and each party is the same as a white rabbit in front of the lawyer and the prosecutor, but he turned his face behind his back, changed his confession, changed his mouth, complained and stabbed, etc., and couldn't finish talking about it overnight. Zhang Ruiming simply told Zhang Liang an important principle: "The parties, the parties, were people at the time, this is the second law of being a prosecutor, remember it." β
The little girl nodded suspiciously, Zhang Ruiming pointed to a blank spot under Chen Zhijun in the "Legal Fact Relationship Chart" and asked Zhang Liang: "I asked you to go to the Urban Construction Bureau to investigate the matter last time, how is it, there is no problem?"
When Zhang Liang heard this question, he immediately replied to Zhang Ruiming: "Zhang Jian, after you explained, I immediately went to find Director Sha, and he said that the material really exists, and he will give me an answer in the next two days." β
"That's good, this evidence is very critical, you follow closely, if there is any problem, tell me as soon as possible, you know?"
"Okay, Zhang Jian, there is a question, why do you want me to check the inspection and appraisal report of the toxic runway prepared by the Urban Construction Bureau at that time, even if I find it, it should be the same as the one in Wu Kaiming's hand, what is the use of a report that also meets the national standard of harmful substances on the plastic runway?" Zhang Liang asked puzzled.
Zhang Ruiming's tone became serious: "Don't ask about this, you will naturally understand at that time, don't disclose this matter to anyone, including Li Wei, after getting the evidence materials, the first one will be handed over to me, understand?"
Zhang Ruiming's sudden serious expression made Zhang Liang feel pressured, and he replied busily: "Okay, Zhang Jian, I'll be the first to send it to you." β
"Well, remember, I went out to investigate during this recent time, pay attention to concealment, and if someone is following, remember to tell me. β
Zhang Ruiming also wanted to explain some things to Zhang Liang, but suddenly Lao Yan's phone call came in, and after Zhang Ruiming connected, Lao Yan asked him to go to his office immediately.
Lao Yan's tone on the other side of the phone was not very friendly, Zhang Ruiming estimated that it should be a matter of tomorrow's trial committee meeting, Lao Yan was a representative of the city procuratorate, and he had not handed over this case with Zhang Ruiming before, but now he finally thought about it.
After Zhang Ruiming hung up the phone, before leaving, he specially told Zhao Liang to ask her to follow up on the matter of applying for legal aid for Wu Aimei at the same time. Seeing Zhang Liang nodding confidently in agreement, Zhang Ruiming relaxed slightly.
Everything was arranged, Zhang Ruiming was in a good mood, brought the materials, hummed "Outwitting Tiger Mountain", and walked to Yanlu's office.
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However, after half an hour, Zhang Ruiming almost threw out of Lao Yan's office, these days, Zhang Ruiming's office, laboratory, and hospital have been running several times, the trial committee meeting is tomorrow, and the next trial will be a few days later, and the case has reached the decisive moment. Lao Yan, who was in charge of attending the adjudication committee meeting, refused to hand him over for a long time, so what should I do at the adjudication committee meeting tomorrow?
Lao Yan, as the entrusted deputy procurator general, is the only representative of the prosecution. This case is now hanging in a very awkward position, the prosecution's evidence chain is complete, but the support for damages is insufficient, and the other party Wu Kaiming took out the key national standard inspection and appraisal in the last trial, although it is unreasonable but powerful, so the most important thing now is the attitude of the Municipal Intermediate People's Court at this trial committee meeting.
For this meeting, Zhang Ruiming prepared a case file and detailed prosecution arguments and strategies, and unselfishly prepared to take it to Lao Yan, as a result, as soon as he entered, the deputy procurator general criticized him for more than ten minutes because of the last inspection office found that there was coffee, starting from various disciplines, all the way to Zhang Ruiming's attitude, and criticized him, Zhang Ruiming didn't expect to call him to the office this time, mainly because of this small matter that Zhang Ruiming seemed to be too small, Zhang Ruiming finally took the initiative to mention tomorrow's trial committee meeting, to carefully explain the case to Lao Yan, and Lao Yan actually only asked him to put down the materials, one sentence"I have my own measure" sent Zhang Ruiming away.
The adjudication committee is a special product of China's national conditions, and the original meaning of adjudication is to settle disputes, but what if there is a dispute within the court? How to resolve it, foreign countries have a single judge, a collegial panel (there are two kinds of collegial panels in Germany, Kammer and Senat), there is an enbancsession of all judges, and a strong jury, but China is the adjudication committee.
The basic logic of the adjudication committee is the application of democratic centralism, the basic principle of the operation of state organs in the constitution, in the adjudication organs. Although at first glance it seems to run counter to the original intention of the "trial-centered" judicial reform, and even to the principle of direct trial, all this is based on China's special national conditions, and at this time, the "system of the chief procurator attending the adjudication committee as an observer" is even more important for cases in which there are major differences between the procuratorial organs and the adjudication organs.
"Tomorrow is the Tennoyama of this battle" , Zhang Ruiming knows very well in his heart, but Lao Yan, who is out of the battle on behalf of Jingang City, makes Zhang Ruiming very worried, Lao Yan has not dealt with him very well, and there are some reasons that are not easy to say, so that Zhang Ruiming even suspects that Lao Yan will give up this public interest lawsuit, and Zhang Ruiming has seen Chen Zhijun's energy, if the fourth middle school affects this meeting through channels, it means that the public interest lawsuit is likely to fail or reach mediation under very low conditions, no matter what, for Wu Xiaoqin, who is now in urgent need of help, and the teachers and students of the fourth middle school who were injured by the poisoned runway, it is tantamount to bad newsγ
Moreover, Zhang Ruiming has already made a bold statement at the plenary meeting of the Jingang City Procuratorate that the case will be closed within a month, otherwise he will take the blame and resign, and he has tied his fate to the victim teachers and students of the No. 4 Middle School.
And now, tomorrow's meeting will almost put the fate of himself and the victimized teachers and students in the hands of a person who has an old grudge against him.
What should I do? Zhang Ruiming pondered for a long time, and after thinking for a long time, he still decided not to let his neck lie under someone else's knife.
After leaving Lao Yan's office, he did two things, one was to find another deputy chief procurator of the Jingang City Procuratorate - Zhou Jingxing, Zhou Jian is a young deputy chief procurator who has gone up in business, and he was quite familiar with Zhang Ruiming before, and the last time he helped him out of the siege at the regular plenary meeting, Zhang Ruiming had a good impression of him, and he was also qualified to attend tomorrow's adjudication committee meeting by appointment. Zhang Ruiming went directly to his office, and Zhou Jingxing was quite surprised at Zhang Ruiming's sudden arrival at first, but after listening to Zhang Ruiming's report and pleading, he agreed to participate in the meeting instead of Lao Yan, but Zhang Ruiming had to do the work of the Municipal Inspection Party Committee himself. After talking, he sent Zhang Ruiming out of the office, leaving a meaningful sentence, "Ruiming, I am willing to go to the meeting, I am already offending people, I have nothing here, but yourself, work is just work after all, remember." β
Zhang Ruiming thanked him for the weekly inspection and didn't have time to think about it, and then started the second step, preparing Gao Yumin to report. Knocking on the door and entering, Lao Gao was carefully writing a document with glasses, and when he saw Zhang Ruiming coming in, he kept asking, "What's the matter?"
Others are worried and uneasy every time they see the leader, but Zhang Ruiming doesn't, because he is just for work, and he has no selfishness, "the husband is the only one who can't fight, so the world can't fight with him", anyway, it's just for work, so he decided to report directly to Gao Yumin.
Zhang Ruiming said: "Report to the Supreme People's Procuratorate, tomorrow's meeting of the adjudication committee, I hope to be replaced by the deputy procurator general, the strict procuratorate did not participate in this public interest litigation, I don't know much about the situation, and this meeting is very important, and it is the key point that determines the success or failure of this public interest litigation in our city." I reported to Zhou Jian a few times, and he knew the situation better. I have also communicated with him, and Zhou Jian is confident that he will win favorable support for our city inspection at this meeting. β
After Zhang Ruiming finished speaking, Gao Yumin said without raising his head: "Oh, Zhou Jian agreed? But even if Zhou Jian agrees, it still doesn't work, are you kidding? The adjudication committee meeting is presided over by the president of the Intermediate People's Court, and its specifications and procedures are clearly stipulated by various laws, and the strict inspection is appointed by the Land Inspection to attend the meeting, and the deputy procurator general who attended the meeting has already been reported to the Intermediate People's Court. β
As soon as the deputy procurator general finished speaking, Zhang Ruiming hurriedly said: "Leader, this public interest lawsuit is not my public interest lawsuit alone, it is a public interest lawsuit of our Tianjin and Hong Kong Municipal Procuratorate, and it is also the first public interest lawsuit in our Nanzhou Province, and even the first public interest lawsuit of the "drug runway" in the country. I'm worried that he's been out of business for too long, and I'm worried about ......"
"Zhang Ruiming! You are so disagreeable," Deputy Procurator General Gao interrupted Zhang Ruiming's eager request, "Do you really think that if you are appreciated by the Lu Procuratorate, you can do whatever you want! You even dare to interfere in the decision of the court organization! If you were in the army, a person like you who is high-flying and leaderless would have been locked up and punished a long time ago!"
Zhang Ruiming knew that the leader might have been wary of him, but it was too inappropriate for a conflict to break out on such an occasion. He remembered what Zhou Jian had just said, and he didn't want to turn the differences of opinion at work into political differences. Zhang Ruiming slowed down his tone again, and tried to communicate with Gao Yumin: "Gaojiao, you are also my old leader, when I first arrived at the Ningli County Procuratorate, you were the chief prosecutor over there, I remember the 9.37 project, or you took me up and down, I have always had a lot of feelings for you." Today, I plead with you from the perspective of work, and ask you to replace a deputy procurator general who understands the case better, so as to give a good result to the victimized teachers and students of the No. 4 Middle School. β