0876 Dignity of Citizens

Huang Ningsheng said: "Haodong, Lao Shen, can I say a few words?" ”

Xu Haodong said: "No one doesn't let you speak. ”

Huang Ningsheng said: "I also know a little bit about this case. The compensation of 12 million yuan seems to be a lot, but it is not much. ”

Xu Haodong sighed, "Tell the facts, don't jump to conclusions." ”

Huang Ningsheng said: "The state's compensation for unjust and wrongful convictions is mainly divided into three parts. 1. Compensation for personal freedom. According to the provisions of the State Compensation Law, the standard of compensation for infringement of personal freedom is compensation on a daily basis, that is, the compensation for unjust cases is calculated according to the average daily wage of employees in the previous year, which was about 285 yuan last year, and our Yunling salary level is high, about 320 yuan per day. He was imprisoned for 18 years and offered 2 million yuan in compensation for his personal freedom, which did not exceed the provisions of the law. ”

Xu Haodong said vigilantly: "Lao Huang, you are engaged in water conservancy, when did you study the law?" ”

Huang Ningsheng said: "I am a member of the Chinese People's Political Consultative Conference and a deputy to the Municipal People's Congress. In the past ten years, I have received the materials of this unjust case five or six times. ”

Shen Teng said: "Lao Huang, don't pay attention to him, you continue." ”

Huang Ningsheng said: "Second, the compensation for infringement of the right to health is 2 million yuan. 3. 2 million yuan in solatium for mental damages. Fourth, the compensation for family injuries is 1 million yuan. 5. Compensation of 2 million yuan for mental damages to the family. 6. Compensation of 2 million yuan for property damage. Seventh, the cost of more than ten years of running for unjust cases is one million yuan. ”

Xu Haodong sighed, "In this way, 12 million yuan doesn't seem to be much." ”

Shen Teng said: "The party initially asked for 20 million yuan. The 12 million yuan was the result of discussions between the court and the parties. However, the court's party group and the compensation committee did not dare to take the lead. After all, after all, 12 million yuan has no precedent in the country. ”

Xu Haodong groaned.

Huang Ningsheng said: "Between the ages of 28 and 46, my grandfather and grandmother died, my wife was missing, my father and mother begged for a living, my two children dropped out of school since I was a child, and my start-up business died...... Eighteen years, eighteen years of unjust cases, long enough to ruin a person's life and destroy a family. ”

Xu Haodong asked Shen Teng, "Old Shen, tell me what you think." ”

Shen Teng said: "The parties and their families have indeed suffered serious physical and mental injuries. How can justice be restored through the state compensation system, compensate for the lives taken away from the parties, and demonstrate the sincerity of the judicial organs? This is a great test of judicial wisdom. First of all, we must not stigmatize the parties to these unjust cases who apply for sky-high state compensation, and they should be labelled as lions with big mouths at every turn. Eighteen years after being wronged, the parties are still willing to apply for state compensation and express their demands through legal channels, which in itself represents trust in the rule of law, and our judicial organs must be worthy of this heavy trust. ”

Xu Haodong nodded and said, "There is no doubt about this. ”

Shen Teng said: "Secondly, China's national compensation law, the standard of imprisonment for compensation for unjust cases is equal to going to work, although it is very simple, but it is likely to not fully cover the real losses of citizens, which has been widely criticized in many previous unjust cases of compensation." Our legislature, after fully absorbing public opinion, should make full use of the existing judicial policies to save the lives of those who have been taken away by unjust cases to the greatest extent by raising the standard of moral damage. ”

Xu Haodong nodded again.

Shen Teng said: "In short, it is difficult for the tens of millions of victims of unjust cases to apply for state compensation in full support by the law. However, human dignity and the credibility of the country's judiciary are priceless, and this is the consensus of the whole society, and the legal compensation standards should gradually and truly reflect the dignity and justice of the Chinese. ”

Xu Haodong looked at Shen Teng and said, "Don't you understand very well." ”

Shen Teng smiled embarrassedly, "This is not my job in the first place. The municipal court was not sure, so it reported to the provincial high court, and after the provincial high court returned, the municipal court reported to the municipal legal committee. Yang Ling They didn't dare to make a decision, and the matter came to me, but I couldn't eat it for sure, so the matter came to you. ”

Xu Haodong asked: "What is the current situation of the parties?" ”

Shen Teng said: "My parents are old and sick, I am hospitalized, my daughter is married, my son is married, and I work in a private company. There is also a grandson and a granddaughter, and the whole family lives in an old house, more than 60 square meters. ”

Huang Ningsheng added: "Probably, it's about the same size as your old house. ”

Xu Haodong glanced at Huang Ningsheng, "You know it very well." ”

Huang Ningsheng said: "I am a member of the General Relief Association, and after the client was released from prison, I made a home visit. ”

Hmm, Xu Haodong thought about it.

After a while, Xu Haodong asked, "Old Shen, do I have the right to call the shots in this matter?" ”

Shen Teng said: "Of course, the party leads everything. You are the secretary of the municipal party committee, and you are not specifically handling the case, so of course you have the right to call the shots. ”

Xu Haodong said: "Okay. I propose, first, compensation of 12 million yuan. Second, compensate for a 120-square-meter house in the urban area. Third, the Political and Legal Committee and the Public Procuratorate and the People's Procuratorate and Law published an apology, with headlines on the front page for a week. ”

Shen Teng stared at Xu Haodong and asked, "You're not kidding?" ”

Xu Haodong asked viciously: "Am I kidding?" ”

Shen Teng said: "Okay, count you ruthless, more ruthless than me." ”

Huang Ningsheng said: "The secretary is more ruthless than the deputy secretary. ”

Shen Teng said: "But here comes the problem. In the past three years, our city has found a total of 103 wrongful and unjust cases over the past 30 years. Now that the compensation for the one hundred and fourth unjust case is so high, and there is additional compensation, what about other wrongful and unjust cases? They will definitely not accept it, and they will definitely have to go to the petition department. ”

Xu Haodong nodded, "Old Shen, have you calculated this account?" ”

Shen Teng also nodded, "According to the compensation standard for the current case, those wrongful and unjust cases still need to be compensated about 350 million to 500 million yuan." ”

Xu Haodong waved his hand, "I think it's worth spending three or five billion yuan to establish the credibility of the country's judiciary and the dignity of citizens." Lao Shen, this matter is so decided, you are responsible for the implementation, and I will bear the problem if there is a problem. ”

Shen Teng said: "I bear it with you." ”

Huang Ningsheng smiled slightly, "Yes, our Yunling is about to rise again." As soon as this compensation standard is made public, it will become a hot topic on the Internet. ”

Xu Haodong said: "So, if you don't do it, you won't do it." Lao Shen, you are in charge, and the Propaganda Department takes the lead in taking this case as an opportunity to set off a legal popularization education activity in the city. At the same time, this year's city-wide competition for reading activities competes in legal knowledge. ”

Shen Teng smiled, "Yes, you are too powerful, a small article has become a big article." ”

Xu Haodong said: "You think I am willing." Spend money to buy a lesson, but you also have to buy an understanding. Hundreds of millions of yuan in banknotes, buying a big one, can make all citizens, especially the public procuratorate, and the law more aware of the legal system, I think it is too worthwhile. ”

Shen Teng nodded and said, "Okay, I'll do my best." ”

This is just an episode, an episode outside of the established work, and as the secretary of the municipal party committee, Xu Haodong often has to face such things.

But in the past few days, Xu Haodong's focus has been on the National Conference on Population and Development.