Chapter 0386 Sue You
This uninvited guest was Qian Zhaoran, president of the Haizhou Intermediate People's Court.
Xu Haodong hurriedly got up, "Rare guests, welcome, welcome." "Welcoming the money into the office, I was invited to sit down, and I poured water, and I was enthusiastic.
Qian Zhaoran is 55 years old, full of white hair, hunched waist, old face wrinkled, eyes squinted, is an old qualification of the Haizhou public procuratorate and legal system, has worked on the legal front all his life, is highly respected, and is deeply respected.
During the three-year leisure period, Xu Haodong worked as a researcher in the Haizhou Municipal People's Political Consultative Conference and had nothing to do. Next to the CPPCC is the chess and card room of the old cadre activity center, and Xu Haodong often goes to play chess. It just so happened that Qian Zhaoran loved chess, and he came and went every once in a while, and the two became chess friends.
At that time, Xu Haodong kept his mouth shut and talked properly, which was quite appreciated by Qian Zhaoran. So there is friendship, but friendship is hidden, and no one will pay attention to this kind of friendship established in the chess and card room.
"Haodong, I'm not invited, you're a busy person again, I'm bothering you."
"Say something." Xu Haodong said with a smile: "You are a master, please can't come, your old man is here, and my office is full of brilliance." ”
"You don't come." Qian Zhaoran said: "It's been a year since you took office, when did you ever care about the work of our court?" You don't care about the personnel adjustment of your Yunling City Court, you report to you, you are also rejected, you have any opinions about us. ”
Xu Haodong said: "Old Qian, you can't say that. It is the highest principle that the Party leads everything, and in this sense, I am not concerned enough about your courts. However, in recent years, the party's work style has been unhealthy and there have been countless cases of interference in judicial adjudication, which have seriously damaged the dignity of the law and the building of the legal system. I am now just going to rectify the bad party style, I will take the lead in not interfering with the judicial trial work, and see who dares to defy the condemnation of the whole world, and I will clean up one of them, and restore the independence of the public security and judicial system. ”
Qian Zhaoran said: "That can't be overkill, although the court and the procuratorate are both vertical management, but that mainly refers to business." As for the personnel and leadership, you still have to be responsible for the Yunling Municipal Party Committee, and you can't let it go, otherwise if something goes wrong, you, the secretary of the municipal party committee, will still be unable to escape the involvement. ”
Nodding, Xu Haodong asked: "The seniors teach, the juniors remember, but I don't know what you have to do this time?" ”
"It's not expensive." Qian Zhaoran said: "On the one hand, after your iron fist and strength this year, the big waves have washed the sand, and the people of your Yunling City Court have almost changed. On the other hand, you have turned over the cases that have been adjudicated in the past few decades, and you have basically corrected all the wrongful and unjust cases. In addition, the current operation is also very good, and we are very satisfied with the Intermediate Court, so I just came here for a routine inspection. ”
Oh, Xu Haodong stared at Qian Zhaoran and said, "I heard it, you came to find me specifically, something must have happened." ”
"Haodong, you're right." Qian Zhaoran opened the briefcase, took out an indictment, and handed it to Xu Haodong, "This is a criminal attached civil indictment, which was received by the case filing division of our Intermediate People's Court yesterday afternoon, the plaintiff, Zeng Lan, the defendant, Xu Haodong and Xu Yunjie. ”
Xu Haodong froze, and the indictment also fell to the floor.
Qian Zhaoran picked up the indictment, put it on the coffee table, and said expressionlessly: "There are several requirements for the indictment: first, the defendants Xu Haodong and Xu Yunjie are sentenced to return a piece of jade worth 2.68 million yuan; 2. Pursue the criminal responsibility of defendants Xu Haodong and Xu Yunjie; 3. Defendants Xu Haodong and Xu Yunjie were ordered to pay 3,600 yuan in litigation costs; Fourth, defendants Xu Haodong and Xu Yunjie were ordered to pay the plaintiff's attorney's fees of 268,000 yuan. ”
Xu Haodong smiled bitterly, I see, it's finally here.
Qian Zhaoran said: "The indictment says that on April 7, that is, ten days ago, at 4:10 p.m., the plaintiff brought jade to your house and entrusted you with temporary custody of the jade. You were not at home, the defendant's wife Xu Yunjie promised to keep and accept the jade, before that, the plaintiff had called and communicated with the defendant Xu Haodong, and the defendant Xu Haodong knew about the matter. However, the defendant Xu Haodong falsely claimed that the plaintiff had offered bribes, and without communicating with the plaintiff, he handed over the jade to the Municipal Commission for Discipline Inspection and the Municipal Supervision Commission without authorization...... Eleven copies of evidence are attached, one, jade loan book; 2. Certificate of an international association; Three; Certificate of a domestic association; Fourth, the record of the plaintiff's phone call with the defendant Xu Haodong; Five; Photograph proving that the plaintiff and defendant Xu Haodong were originally friends; 6. The proof video of the plaintiff paying the jade at the door of the two defendants' homes; Seven; Supporting materials for the temporary return of jade to the Municipal Commission for Discipline Inspection and the Municipal Supervision Commission......"
Xu Haodong waved his hand and said with a wry smile: "Old Qian, don't introduce it, the facts of the case stated in the indictment are basically true, and I already know in my heart that Zeng Lan wanted to design me, and the design was successful." ”
Qian Zhaoran said: "I think so too, she dug a pit, and then you fell into her pit." ”
After calming down, Xu Haodong asked, "Old Qian, have you filed a case?" ”
Qian Zhaoran said: "Of course not, it takes time for the case filing court to review it, the plaintiff is the daughter of Zeng Xianren, deputy secretary of the provincial party committee, who studied in the United States for a doctor of law, and the defendant is the deputy secretary of the Haizhou Municipal Party Committee and secretary of the Yunling Municipal Party Committee and his wife. When the indictment arrived at the party group of the Intermediate People's Court and was handed over to me, I was also taken aback, and I didn't report it to the municipal party committee, so I ran to you first. ”
Xu Haodong nodded, "Old Qian, is it legal for you to come to me?" ”
Qian Zhaoran smiled, "Of course it is legal, I want to make a decision on whether to file a case or not, I can't listen to the plaintiff's words, I want to find you, the defendant, to verify the content of the indictment, which is in line with the relevant provisions of the law." ”
Xu Haodong snorted, "According to the normal procedure, what will your Intermediate Court do next?" ”
Qian Zhaoran said: "Criminal private prosecution cases are mainly divided into two categories: first, cases that are handled only after complaining: including insult and defamation cases, violent interference with the freedom of marriage, abuse cases, embezzlement cases, etc.; 2. Minor criminal cases in which the people's procuratorate did not initiate a public prosecution and the victim had evidence to prove it, including cases of intentional injury, cases of illegal home invasion, and cases of infringement of freedom of communication. Now the other party is suing you for the first type of embezzlement. The legal provisions for private criminal prosecutions are as follows: The people's court shall make a decision on whether or not to file a case within 15 days of receiving the private prosecution petition or oral complaint, and notify the private prosecutor or the person who brought the complaint in writing, and in a private prosecution case that has already been filed and lacks evidence of guilt upon review, if the private prosecutor is unable to provide supplementary evidence, it shall persuade the private prosecutor to withdraw the prosecution or rule to dismiss the prosecution. However, when the private prosecutor submits new evidence sufficient to prove the defendant's guilt and prosecutes again, the people's court shall accept it. ”
Xu Haodong asked calmly: "So, with your current judgment, is it enough to file a case?" ”
Qian Zhaoran nodded and said: "Before looking for you, I have learned from the actual owner of the jade, and I have also learned about the relevant situation from your Yunling City Commission for Discipline Inspection Shen Teng by phone, and the existing evidence is enough to file a case." ”
Xu Haodong said: "Old Qian, then you shouldn't look for me, you should file a case directly." ”
Qian Zhaoran said: "Haodong, I am not old and confused, the plaintiff and the defendant are ordinary natural persons, and I do not hesitate to file the case." The plaintiff and the defendant are both special people, and I must talk about politics first, and as soon as this case opens, it will shock everyone up and down, and I must be cautious and cautious. ”
Xu Haodong snorted, "You won't fail to see that it's obvious that someone wants to mess with me." ”
Qian Zhaoran asked: "Motive, why do people want to mess with you?" ”
Xu Haodong spread his hands, "I don't know, I've only known each other for a few days, and I have no grudges." ”
Qian Zhaoran also spread his hands and said, "So." ”
After being silent for a while, Xu Haodong asked, "Old Qian, as a friend, what do you think I need to do now?" ”