Chapter 76 Property Preservation
Zhao Jing said, "Oh, the show is ready to start, husband, go and write it quickly."
I said, "Don't be anxious, too, my wife, when will the procuratorate transfer the case to the court?"
Zhao Jing had told me before that the investigative agency has now transferred the case to the procuratorate for review and prosecution.
Zhao Jing said: "I just asked my friends from the Beicheng District Procuratorate today, and they said they would transfer them next week."
I said, "Will you submit a criminal and civil lawsuit complaint after it is transferred to the court?"
Zhao Jing got up and walked to the edge of the entrance hall, took out a small thick book from one of her bags, walked back to the sofa and sat cross-legged, then looked at the book and said, "Hey, my wife should teach her husband well. Criminal civil litigation. According to Article 77 of the Criminal Procedure Law of the People's Republic of China, if the victim suffers material losses due to the defendant's criminal behavior, he has the right to file an accompanying civil litigation during the criminal litigation process. If it is state property and collective property suffers losses, the People's Procuratorate may file an accompanying civil litigation when filing a public prosecution. The People's Court may seal or seize the defendant's property when necessary. Article 78: The civil litigation should be tried together with the criminal case.
Only in order to prevent excessive delay in the trial of a criminal case, can the same inquiries continue to hear the provisions of the same inquiries organization after the trial of a criminal case. The accompanying civil litigation is a litigation activity in which the court conducts a merger trial of compensation for direct material losses caused by the crime according to the application of the victim or the filing of the procuratorate during the trial of a criminal case. The accompanying civil litigation can be filed throughout the criminal proceedings. If a criminal case has been concluded, it should be tried separately as a civil case. Generally, the accompanying civil litigation should be tried together with the criminal case, but sometimes to prevent excessive delay in the trial of a criminal case, the same inquiries organization can also continue to hear the accompanying civil litigation part after the trial of a criminal case."
The Criminal Procedure Law of the People's Republic of China mentioned above is a version revised and promulgated and implemented in 1996.
After listening to Zhao Jing reciting these laws and legal concepts, I scratched my head again and said, "Hehe, I just didn't understand."
Zhao Jing gave me a blank look, then turned to look at the TV and said, "Oh my husband, I have to go to class well after I don't understand."
I said, "I have another question. We have been mediating with Wei Ningshan, but we have not seem to have formally filed a compensation claim against Wei Ningshan with the investigative and procuratorate. So according to your wishes, we can file this request for civil litigation with the procuratorate now?"
Zhao Jing said: "Now you can go up and turn on the computer and read the various legal provisions slowly. I suggest you wait until the case arrives at the court before filing it."
I said, "Why?"
Zhao Jing said: "Everyone said you have to search the rules online by yourself. Well, my good husband, the show has begun, and they are going to watch TV!"
I shook my head helplessly, got up and returned to the room, opened a laptop computer placed on the desk, and began to think about how to write a criminal and civil complaint.
It took me more than an hour to write a complaint of more than 6,000 words.
When I was about to proofread it again, Zhao Jing came behind me, put her chin on my shoulder, looked at the word count in the lower left corner of the document, stood up straight, raised her hand and knocked my head, and said, "Oh my stinky husband, why are you writing so much? It's not a paper."
I touched the head that was knocked so hard that it hurt, and said, "I was thinking about explaining the whole story clearly, and attaching legal basis. I think it's too little if there are more than 6,000 words."
Zhao Jing said: "Judges won't have time to read so much nonsense. You just need to clarify the litigation request and then roughly talk about the process of the matter. Also, don't list the full text of these laws and regulations, such as this, Article 75 and Article 83 of the General Principles of Civil Law, you should directly say that according to Article 75 and Article 83 of the General Principles of Civil Law, the defendant should compensate according to the amount of the glass installation invoice provided by the plaintiff. When writing the law, one is that the number of words seems to be too nonsense, and the other is that you think the judge does not know the original text of the provision."
The General Principles of Civil Law of the People's Republic of China mentioned above were promulgated and implemented in 1987. Later, the General Principles of Civil Law of the People's Republic of China were promulgated and implemented in 2010, and the General Principles of Civil Law of the People's Republic of China were promulgated and implemented in 2017. Of course, it is the Civil Code of the People's Republic of China in 2021. Therefore, now writing a complaint about infringement of property rights should of course be cited by the provisions of the above new law.
I said, "Then how should I change it."
Zhao Jing said: "Have you learned abbreviated articles when you were in elementary school?"
I said, "I learned it."
Zhao Jing said: "Your lawsuit request is well written and there is no need to modify it, but the matter must be abbreviated to less than 300 words."
I said with a bitter face: "It's so difficult to keep things that haven't been explained clearly for thousands of words."
Zhao Jing said, "Hehe, your husband, I believe you."
I said, "Also, should we apply for property preservation? Otherwise, after the family of the little girl who was killed by Wei Ningshan's son was sued, he would face greater compensation liability. If Wei Ningshan compensated the little girl's family first, he would have no money to compensate us for the loss of glass, right?"
Zhao Jing said: "When I was downstairs today, I chatted with the old men and women for a while. They said that the little girl's family had already submitted a complaint in court and applied for property preservation. The content of the preservation was to seize the house in Wei Ningshan."
The seizure mentioned here is a "live seal". It is not a measure that the court goes to the real estate management department to submit a seizure ruling, restricting the transaction of real estate under Wei Ningshan's name and not giving him the opportunity to transfer property to others.
I curled my lips and said, "Those old men are really gossip kings."
Zhao Jing said: "Yes, everything in the community is spread from them, and it feels like a press conference every day."
I said, "So we must apply for property preservation immediately?"
Chapter completed!