Paying Attention to Special Groups and Creating a Harmonious Society
Published:
2012-12-08
Background of the case:Rong mou, male, born on February 10, 1962, was sentenced to prison for intentional injury until March 2, 2012, and is now serving his sentence in Jinan prison. Rong's wife has no job, and there are young children at home, one is 12 years old and the other is 5 years old. The family life is extremely difficult.
Basic case:Before serving his sentence, Rong paid 60000 yuan to Jinan west market small commodity wholesale market co., ltd (hereinafter referred to as west market) to book two shops. at that time, the west market project was under infrastructure construction, and both parties agreed to sign a formal contract in the future. Unexpectedly, because of his impulsive mind, Rong had a dispute with others and was sentenced to 7 years in prison for intentional injury until March 2, 2012. Originally, I wanted to rent two shops to do a big job to change the family's financial situation, but now I am in prison for committing a crime. I think about my wife and children who have no financial resources, and I think about the borrowed 60000 yuan reservation money. Rong tossed and turned and couldn't sleep at night. The discipline cadres of Jinan Prison discovered this situation in time. In order to help Rong Mou's peace of mind to reform and re-behave, they decided to help Rong Mou apply for legal aid from Jinan Legal Aid Center to get back the 60000 yuan reservation that was no longer possible to perform the shop lease contract. After learning about this situation, the Jinan Legal Aid Center quickly contacted Shandong Zhongchengrenhe Law Firm, which was awarded the National Excellent Law Firm, to arrange for lawyers to provide legal aid. When Shandong Zhongcheng Renhe Law Firm learned of the situation, it immediately arranged for lawyer Zhou Jiakui to handle the case, with the assistance of lawyer Duan Qingxin.
Focus of controversy:The western market believes that the payment of the reservation should continue to perform, if Rong a breach of contract does not perform, the western market has the right not to refund. Whether the refund can be made midway, whether the deposit penalty is applicable, and how to better protect the rights and interests of Rong's family have become the focus of this case.
Lawyer's view:Lawyer Zhou believes that a major change occurred in Rong's family and the economy was extremely difficult, which led to the inability to actually perform the contract, and the deposit was paid, not a "deposit" with a punitive nature. The deposit penalty should not be applied and should be refunded. If it is resolved through litigation, it may take a long process, which will bring great pressure to the life and psychology of the aided object, and it is very likely that "far away can not quench the near thirst", so the best way is to take the initiative to find the other party to do work and strive to solve it through negotiation.
Assistance through:After carefully analyzing the case, lawyers Zhou and Duan believed that it was the best policy to negotiate with the West Market to resolve the case from the perspective of maintaining social stability and building a harmonious society, so they decided to negotiate with the other party. As the western market is in the busy process of attracting investment, and Wu Jingli, who is in charge of this work, is often away on business, lawyer Zhou has to contact and negotiate with the other party again and again. After meeting with Wu Jingli, lawyer Zhou introduced in detail the background of the case, the difficulties of the parties and the significance of handling the case well. Wu Jingli said that he would try his best to handle the case well, but his lawyer Hu needed to review the relevant materials of the case. Lawyer Zhou got in touch with lawyer Hu in time and reached a consensus with lawyer Hu on issues such as paying attention to special groups, helping the poor and building a harmonious society. Lawyer Zhou also held many consultations with Comrade Wang Junping, a discipline cadre in Jinan Prison. When he learned that Rong himself needed to issue an opinion on the disposal of the reservation amount, Comrade Wang Junping took immediate action and personally sent the opinion to Shandong Zhongcheng Renhe Law Firm on the same day.
Results of assistance:In the process of handling this case, the leaders of Jinan Judicial Bureau, Jinan Prison, Jinan Legal Aid Center and Shandong Zhongcheng Renhe Law Firm paid close attention to the case many times and often asked about the progress of the case. Through the active work of lawyer Zhou and lawyer Duan and the strong assistance of the leaders of the western market, the western market finally agreed to return the 60000 yuan reservation to Rong.
When he heard the news, Rong was very moved. He deeply felt that the government and society had not forgotten him. Many leaders and kind-hearted people were paying attention to him and hoped that he would reform with peace of mind and repent. He sincerely said to the leader: I will certainly live up to the help of kind-hearted people. Please see my actions. His wife was moved and presented the lawyer with a pennant to express her gratitude.
Case handling experience:
By handling this legal aid case, we mainly have the following feelings: first, when we encounter such cases, we should not simply seek to solve them through litigation, but should comprehensively consider the whole matter and the foreseeable results, because the objects of legal aid are generally difficult family life, and it takes a long time to solve them through litigation, this will bring great pressure to the life and psychology of the aided object, and it is very likely that "far can not quench the near thirst". Second, there are many people in this society who need our help, and it is our social responsibility to help them enthusiastically. Through this special legal aid, we have seen a spirit of unremitting efforts to build a harmonious socialist society from the staff of Jinan Judicial Bureau, Jinan Prison, and Jinan Legal Aid Center.
Media reports:This case has been included in the "Jinan City Legal Aid Case Selection", vigorously reported by the newspaper, and reprinted by a number of websites.
For the life of a prisoner's family-a special legal aid
Jinan Times News reporter Liu Yun
A man in our city was arrested and imprisoned for impulsive injury, and his wife and children were in financial difficulties. At this time, the 60000 yuan shop deposit he paid before he was imprisoned became the pillar of the family's life. In order to get back the 60000 yuan deposit, prison guards and legal aid lawyers launched a special aid operation.
In 2005, the citizen Rong Mou was sentenced to 7 years in prison for intentional injury because of a momentary impulse and a dispute with others. The sentence was until March 2, 2012. Before serving his sentence, Rong paid 60000 yuan to the West Market Small Commodities Wholesale Market Co., Ltd. to book two shops. At that time, the West Market Project was under infrastructure construction, and both parties agreed to sign a formal contract in the future. Unexpectedly, I wanted to rent two shops to do a big job and change the family's financial situation, but now I am in prison for a crime. Rong's wife has no job and has young children at home, making life extremely difficult for the whole family.
The discipline cadres of Jinan Prison discovered this situation and decided to help Rong apply for legal aid from the Jinan Legal Aid Center to get back the 60000 yuan reservation that it was no longer possible to perform the shop lease contract. The city's legal aid center quickly contacted Shandong Zhongcheng Renhe law firm to arrange for lawyers to provide legal aid. Shandong Zhongcheng Renhe Law Firm immediately arranged for lawyer Zhou Jiakui to handle the case, with the assistance of lawyer Duan Qingxin.
The two lawyers believe that negotiating with the West Market to resolve the case is the best policy. As the western market is in the busy process of attracting investment, and Wu Jingli, who is in charge of this work, is often away on business, lawyer Zhou has to negotiate with the other party by telephone again and again. After meeting with Manager Wu, Manager Wu said that he would try his best to handle the case, but their lawyer Hu needed to review the relevant materials of the case. After lawyer Zhou got in touch with lawyer Hu, he learned that Rong himself needed to issue an opinion on the disposal of the reservation amount. Wang Junping, a prison cadre in Jinan, took immediate action and sent the opinion to the law firm on the same day. During the period, Jinan Judicial Bureau, Jinan Prison, and Jinan Legal Aid Center paid attention to the case many times. Through lawyers and active work, the West Market finally agreed to return the 60000 yuan reservation to Rong.
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