How did the prosecutor help him complete the "comeback" | Prosecutor 2 outside of the prosecutor, after losing the case in court, Madam | Longtan | Court
When it comes to prosecutors, most people's impression may be that they are "national prosecutors" handling criminal cases, dressed in uniforms, accusing crimes. In the recently popular TV series "Public Prosecution", Dilraba portrayed the prosecutor Anna in this image.
In recent years, procuratorial organs have increasingly attached importance to the functions of civil, administrative, and public interest litigation procuratorial organs, and they have also formed the "four major procuratorial functions" in the new era together with criminal procuratorial organs. In the recent procuratorial competition organized by the Supreme People's Procuratorate, civil, administrative, and public interest litigation competitions were added for the first time. After fierce competition, several civil, administrative, and public interest litigation prosecutors in Shanghai have been awarded the title of business model.
The story of prosecutors outside of the prosecutor is equally exciting. Through their stories, perhaps we can gain a more comprehensive understanding of the profession of prosecutors and the efforts they have made in different fields to safeguard fairness and justice.
Longtan spoke very quickly, which was a habit she developed as a prosecutor. She has worked in various departments such as public prosecution, juvenile prosecution, and civil administrative prosecution for 16 years, and is now the Director of the Fifth Prosecutor's Department of the Jing'an District People's Procuratorate in Shanghai. In the recently concluded competition, Longtan was awarded the title of the first national civil prosecution business model.
Unlike the newly established public interest litigation in recent years, civil and administrative prosecutions are actually traditional functions of the procuratorial organs, but their awareness has been relatively low for a long time. In fact, many parties involved, even if they have heard of this function, are not clear about its specific content. Some are only informed after running to the procuratorate that it does not fall within the scope of acceptance.
"In fact, civil prosecution mainly consists of two parts, one is supervision and the other is support for prosecution." Longtan said, among which supervision includes supervision of effective civil judgments, mediation agreements, supervision of illegal acts of judges in trial procedures, supervision of court enforcement activities, supervision of civil false litigation, etc. Due to the fact that the supervision of civil judgments by procuratorial organs often needs to wait until all remedies such as first instance, second instance, and application for retrial are exhausted before it can be initiated, when Longtan faces the parties, it is often seen as the last hope, which is both motivation and pressure.
In 2020, during the daily investigation of false litigation clues, Longtan discovered that the main culprit of a gang fraud case being handled by the criminal prosecution department may have omitted criminal facts. Specifically, when Longtan conducted a dragnet style investigation of civil lending dispute cases, it was found that the plaintiff in a civil case was the main culprit of a gang.
Longtan keenly realized that this civil case could be a false lawsuit initiated by the gang, so it conducted a preliminary investigation of the clues and provided relevant evidence materials to colleagues responsible for criminal prosecution. Later, the civil case became one of the criminal facts of the gang and was supported by a court ruling. With the result of the criminal judgment, Longtan immediately initiated civil trial supervision and successfully overturned the original civil case judgment through protest, helping victims of false litigation avoid high debts.
A supervision case left a deep impression on Longtan. Mr. Wang, the applicant, claimed that he had lost his ID card before and was subsequently falsely used to sign a rental contract with someone else. He was sued in court for not paying rent. Mr. Wang thought this was just a misunderstanding, but the landlord insisted that he was the tenant who signed the contract. In this way, Mr. Wang either accepts the result of losing the lawsuit and compensates for the corresponding rent, or becomes a dishonest debtor and his daily life is affected.
After reviewing the files, Longtan found that the court's ruling was completely correct based solely on the evidence. But further investigation found that Mr. Wang has a high income, a stable residence in Songjiang, and usually works in Minhang. Why did he go to Jing'an to rent a husband's room?
So, Longtan took out his skills in handling criminal cases and invited the landlord to the prosecutor's office to inquire about the situation. During the conversation, Longtan found that the landlord was vague about the key characteristics of the tenant, such as clothing, appearance, and physique, and kept shifting the topic.
This has aroused suspicion in Longtan. She initiated an investigation and verification program, and with the assistance of financial institutions, found the real tenant Yang through her bank account. At this moment, the landlord finally revealed the truth. Originally, the landlord was afraid of not being able to find the original tenant, which would cause him losses, so he firmly insisted that it was Mr. Wang's rented house.
The truth has surfaced, and Mr. Wang's case can now be overturned. In the end, the three parties involved in the case signed a settlement agreement with the procuratorial organs and fulfilled it on the spot. The landlord and Yang apologized to Mr. Wang, and the case dispute was completely resolved. Afterwards, the landlord also sent a banner to express gratitude to the prosecution.
If supervision is the "tough" side of civil prosecution, then supporting prosecution reflects more of "tenderness". The so-called support for prosecution refers to the fact that the procuratorial organs can support the injured unit or individual to sue the people's court for acts that harm the civil rights and interests of the state, collective or individual, when the victim's litigation ability is weak and it is difficult to protect their legitimate rights and interests. "For example, compared to companies with unpaid wages, migrant workers often have a huge gap in their ability to collect evidence and respond to lawsuits." Longtan used an analogy to support lawsuits, just like adding a "cushion" to the balance of clearly vulnerable groups, allowing all parties involved to demonstrate true equality in litigation. "This is also a place that reflects legal fairness and justice, and can promote the resolution of conflicts and disputes, highlighting judicial warmth."
"Our procuratorial organs can support prosecution, apply for a personal safety protection order to the court, and ensure that your mother and daughter are not harmed. Rest assured, we will help to the end." In January of this year, the Jing'an Procuratorate learned from the District Women's Federation that a Ms. Feng had been suffering from domestic violence for a long time. After communicating with Ms. Feng, Longtan has decided to assist her in applying for a personal safety protection order to the court in support of the lawsuit. On January 18th, the case was heard in the community court where Ms. Feng was located, with street committee officials and local police officers attending the trial. Finally, the court adopted the opinion of the procuratorial organs and made a personal safety protection order in court.
In addition to handling cases, as a department head, Longtan has attached great importance to civil prosecution in recent years. In addition to inviting experts and scholars from universities such as Fudan, Tongji, and Huazheng to provide targeted teaching and professional support for team members in handling difficult and complex cases, theoretical research, etc., Longtan will also regularly organize simulated reports and defenses to exercise practical skills.
