Unexpectedly involved in litigation disputes and became a person subject to execution, his deposits were withheld and his high consumption was restricted. After in-depth investigation, the procuratorial agency finally found out the truth... 80,000 yuan of time deposits in his nam

was unprovokedly involved in litigation disputes

became the person subject to execution

had his deposit deducted

was also restricted from high consumption

After in-depth investigation by the prosecutors, the truth finally came out.

... High consumption... I have never been involved in a lawsuit, so how can I get a court ruling? Fan Li really wanted to cry without any tears after encountering such troublesome things for no reason. After reporting to various parties to no avail, he applied to the procuratorate for supervision of civil litigation. After an in-depth investigation, the prosecutor found that the matter was far more complicated than imagined -

encountered a strange lawsuit

and was inexplicably the defendant.

One afternoon in August 2023, I lived in Yutai County, Shandong Province. Fan Li went to a local bank to withdraw a time deposit , but was told that the deposit had been withheld by the enforcement bureau of a county court in a different place. Fan Li was confused. He had no interaction with the court in a certain county in another place. Why did the court deduct his money for no reason? Fan Li repeatedly confirmed that the staff clearly informed him that the deposits in his account had indeed been deducted by a certain county court enforcement bureau.

An anxious Fan Li rushed to a county court in a different place where the deposit was deducted overnight. In response to the issues reported by Fan Li, court staff gave feedback and said that this was an effective civil judgment issued by the court eight years ago. "My family and I have never had a lawsuit, so how could there be a civil judgment?" Fan Li carefully read the judgment with doubts.

Fan Li discovered that this was a judgment in a sales contract dispute case. The defendant was also named Fan Li, and his ID number was consistent with his own. However, he did not know the plaintiff "Chao Hua" mentioned in the judgment at all. What makes Fan Li even more puzzled is that the verdict shows that the other defendant Du Mei is his wife. Fan Li had never heard of this "wife". As for the sales contract dispute, Fan Li bluntly said that it was "completely false."

"The judgment shows that I purchased 10 tons of diesel from the plaintiff in 2014 and issued an IOU. The plaintiff repeatedly asked for the fuel payment, but I refused to pay, so the plaintiff took me to court." Fan Li said that he was A regular employee of a state-owned enterprise in Yutai County has never been involved in the business of buying and selling diesel.

After reading the judgment materials, Fan Li believed that the court had made a mistake. After he applied for a retrial, he was rejected by the court because it exceeded the time limit. Fan Li then applied to the procuratorate for supervision.

Investigating the "Oolong" Case

The truth is about to come out

After accepting the case, the prosecutor of a county procuratorate in Jining City immediately reviewed the litigation files of the sales contract dispute case. After reviewing the files, it was found that there were many anomalies in the case. : The file does not contain any identity information for Fan Li and Du Mei, nor is there any evidence to prove that they are husband and wife. The court's receipt of the court summons sent to Fan Li showed that in that year, the staff delivered the document to Fan Li's daughter's residence. However, Fan Li's daughter was only 4 years old at the time and did not have the qualifications to be a legal document collector, and The service address did not match the address stated on the address confirmation form by defendant Fan Li. At the same time, there is no signature or seal of the collector or witness in the file, and there is no relevant evidence such as photos or videos to support it.

The above-mentioned abnormal circumstances made the prosecutor in charge suspect that the case might be an "own error" case.Subsequently, the prosecutor promptly reported the situation to the Civil Prosecution Department of the Jining Municipal Procuratorate.

"For abnormal situations in the file, we must make full use of the power of investigation and verification to verify them one by one." After hearing the report, the Jining Municipal Procuratorate launched an integrated case handling mechanism, and the two levels of procuratorates performed their duties as one, forming a task force to handle the case. The task force carefully sorted out the case and decided to focus its investigation and verification on the basic facts of the case and the legality of the original trial service procedure.

After determining the idea of ​​​​the investigation, the task force immediately went to work: visiting on-site, obtaining the household registration and marriage registration information of the parties, and entrusting relevant departments to conduct handwriting identification.

During the interview, Fan Li’s colleagues and neighbors reported that Fan Li was a formal employee of a state-owned enterprise in Yutai County. He had worked and lived in Yutai County for many years. It was not heard that he was engaged in the diesel business in a certain county. .

The task force believes that the only evidence in this case that the defendant purchased diesel from the plaintiff and owed 65,000 yuan is the IOU signed by the defendant. It is necessary to authenticate the signature on the IOU to determine whether it is Fan Li's own handwriting. . Under the guidance of this idea, the task force entrusted relevant departments to conduct forensic appraisal of the handwriting in the file. The appraisal soon yielded a result: the signature of "Fan Li" on the IOU was not written by the supervisor applicant Fan Li.

In the subsequent investigation, the task force focused on the identification of the marital relationship between Fan Li and Du Mei. After obtaining relevant information from the public security organs and civil affairs departments, the task force found out that the wife of supervision applicant Fan Li is not Du Mei; although the husband of Du Mei, the defendant in the original trial, is also named Fan Li, his ID number is the same as that of supervision applicant Fan. The benefits are not consistent.

Based on the facts found, the task force basically determined that the defendant was wrongly listed in this case and it was an "own error" case. However, the existing evidence was not sufficient, and the task force discussed the need to obtain one more piece of evidence. This move made the task force make an unexpected discovery...

The illegal acquisition of other people’s information was verified

The original judgment was revoked

To further confirm the discovered facts, the task force decided to investigate and verify with Chao Hua, the plaintiff in the original trial. According to the contact information recorded in the file, the task force has been unable to contact the other party. After many efforts, the task force contacted Chao Hua's relatives and expressed the need to verify the situation with Chao Hua in person. However, the relative's behavior left prosecutors somewhat confused.

“During the communication, the other party was evasive and evasive. Finally, he said that Chao Hua was out of town for medical treatment and could not be contacted.” Liu Yajun, a member of the task force, was puzzled by this. “Normally, in order to recover the arrears, the plaintiff should The other party should be willing to cooperate with the investigation, so why should they shirk and evade? This is so unreasonable." Liu Yajun reported the communication with the other party and his doubts to the team.

"There must be something wrong here." The task force decided to investigate in depth and visited the village committee of Chao Hua's village and the local public security agency. As a result, they unexpectedly discovered that Chao Hua was a defendant in a criminal case. During the trial of the case, He was released on bail pending trial during the process and was out of control when a dispute over the sales contract arose.

After grasping this clue, the task force immediately reported the situation to the criminal execution and prosecution department of this court. After the criminal execution and prosecution department intervened in the supervision, they urged relevant departments to find Chao Hua's whereabouts and ensure that the coercive measures against Chao Hua were implemented in place to ensure that relevant criminal cases could be concluded in a timely manner.

After meeting Chao Hua, the task force explained the situation that was discovered in the early stage.Chao Hua actively cooperated with the inquiry and confessed that in order to file a civil lawsuit as soon as possible, he did not carefully verify the identity information of the defendant when determining the target of prosecution, and Fan Li's personal information was illegally obtained.

At this point in the investigation, the truth is revealed. The plaintiff in the original trial, Chao Hua, illegally obtained and failed to verify the defendant's identity information and mislisted the defendant. In addition, court staff had flaws in document delivery, identity verification, evidence review and other aspects, which ultimately led to innocent people being involved in litigation disputes.

Based on the facts ascertained, the Jining City Procuratorate filed a protest in accordance with the law in this sales contract dispute case. On June 17 this year, the court held a public hearing to rehear the case. During the retrial, the procuratorate fully presented evidence and issued opinions. The court admonished Chao Hua for wrongly providing the defendant's personal information in filing a lawsuit. Chao Hua recognized all the facts and evidence identified in the protest opinion and admitted his mistake in court. He also sincerely apologized to Fan Li many times. Fan Li recognized the court's admonishment, accepted Chao Hua's apology, and expressed his willingness to give up the right to pursue Chao Hua's civil liability.

html On June 25, the court issued a retrial judgment, revoking the original judgment and rejecting the plaintiff Chao Hua’s claim. After the verdict, the task force immediately urged the court enforcement officers to reverse the execution of the case, and promptly lifted measures such as restrictions on Fan Li and high consumption.

"After I was involved in the lawsuit for no reason, people around me were quite critical of me. Thanks to the supervision of the procuratorate in accordance with the law, the court revoked the original judgment in a retrial, cleared my name, and restored my reputation." After the troublesome matter was resolved, Fan Li made a special trip I came to the procuratorate to express my gratitude to the prosecutor. Fan Li said that after the retrial judgment was issued, his credit rating was restored and business such as house purchase loans could be handled normally. He thanked the prosecutorial office for protecting his good life.

On the day of the public retrial of this case, the Jining Municipal Procuratorate organized a court trial observation activity, and some provincial People’s Congress deputies and people’s supervisors were invited to observe the trial. Chen Jianhua, a deputy to the Shandong Provincial People's Congress who participated in the event, spoke highly of the case. He believed that during the handling of this case, the procuratorial organs worked together and performed their duties as a whole, found out the truth, and corrected the "unexpected" case, which not only restored the innocence of the parties involved, but also effectively safeguarded the dignity and authority of the law, and safeguarded the integrity of the law. the bottom line of fairness and justice.

handle every case with high quality and efficiency, focusing on "high quality and efficiency". The procuratorial organs cannot stop at handling individual cases, but must also focus on strengthening the supervision of similar cases to achieve the good effect of handling one case and managing one. The reporter learned that after settling this case, the Jining Municipal Procuratorate will "actively carry out civil prosecution work in the field of personal information protection" as a key part of its duties. While handling individual cases with high quality and efficiency, it will actively focus on the universality of the findings, To address tendentious issues, we will promote social governance through the formulation and issuance of procuratorial recommendations, protect the security of people’s personal information with heart and soul, and implement all requirements of the special action of “Protecting People’s Livelihoods”.

(The parties involved in the article are pseudonyms)

Prosecutor’s statement

Strengthen source control

Protect individual citizens together After the "Oolong" judgment of information security

was corrected, the procuratorial organs did not stop handling the case - in order to deepen the source management and fully protect the citizens legitimate rights and interests, organize special supervision, and proactively connect with the public security organs and courts to report the case, point out loopholes, and put forward preventive opinions and suggestions.

In response to the outstanding issues exposed in this case such as irregular management of citizens’ personal information and illegal delivery of legal documents, the Jining Municipal Procuratorate deeply explored the underlying reasons and guided relevant grassroots procuratorates to carry out special supervision actions on misclassifying defendants in civil and commercial cases. During this period, a total of 3 similar clues were discovered. After filing and reviewing the cases, the procuratorial organs have now issued retrial procuratorial recommendations for these three cases to supervise and correct them.

In response to the problem of irregular management of citizens’ personal information, which resulted in the plaintiff illegally obtaining the defendant’s identity information, the procuratorial organs held timely discussions with the public security organs to provide feedback on the situation and put forward suggestions for improving the work. The public security organs attach great importance to this, and relevant departments have promptly organized training meetings for all household registration management personnel to report the problems and make arrangements to sort out and investigate similar problems. In response to the management loopholes discovered during the investigation, the public security organs proposed clear rectification measures.

In order to ensure the safety of mass litigation, the procuratorial organ also issued a procuratorial recommendation to the court on "strengthening the review process of party information and promoting accurate and efficient delivery." It is recommended that the court further strengthen the review of the identity information of the parties in the case and standardize the delivery of legal documents. Procedures must be implemented to avoid “own-occasion” cases from happening again.

(Zheng Xiaodong, Jining City Procuratorate, Shandong Province)

(Source: Procuratorate Daily Author: Guo Shuhe Wang Hairong Comics: Yao Wen)