By reporter Xin Ming
In the suburbs of Datong, Shanxi, a rented house is dark and damp. Wang Tinglu, 47 years old, shrinks in the quilt, helplessly staring at the window. His wife sits beside him, touching a pair of crutches and sighing. In the past three years, sorrow has become the main theme of this family. Their life has already fallen into extreme poverty. The kitchen is filled with instant noodles, and four bags a day are all the food for this family.
Three years ago, they came to Datong from Guizhou with the dream of making money. An unexpected accident caused Wang Tinglu to be disabled in Gudian Coal Mine, completely losing his ability to work. In the past three years, they have conducted appraisals, gone to court, and finally won the lawsuit. But what they didn't expect was that seven months before he applied for court execution, the Shanxi Provincial People's Government Safety Production Committee issued Document No. (2008) of Jinan, thoroughly shutting down a batch of small coal mines, including Gudian Coal Mine. Wang Tinglu's claim for compensation became an "impossible task."
The Nanjiao District People's Court of Datong City handling this case said it was powerless to help. Han Yi, the vice president of the court, said: "Thoroughly shutting down the coal mine means that the execution target of this case no longer exists. We can only offer some assistance from the perspective of legal aid."
A judge who did not want to disclose his name said: There are not a few cases like this.
When talking about his own injury experience, Wang Tinglu felt very wronged.
In February 2007, Wang Tinglu left his two children at home and came to the Gudian Coal Mine in Datong City, Shanxi Province, with his wife. On April 3 of the same year, he was injured by the roof in the well and was sent to Dongxing Hospital, a private hospital, for examination and treatment. "The doctor said that I would be fine after a week. After repeated requests from my family, the hospital sent me to Tongmei Third Hospital for a re-examination. The re-examination result was a fracture of T12 vertebra with nerve damage," Wang Tinglu recalled. "But the coal mine was afraid of spending money, so they sent me back to the private hospital."
Back at the private hospital, he lay there for nine months. During this time, the hospital staff repeatedly urged him to check out, refused to give him medicine, and eventually he could only use crutches and moved to a civilian house with a monthly rent of 50 yuan.
From that time on, Wang Tinglu began to fight for his rights. He believed that his injury could have been cured, but due to delayed treatment, he suffered lifelong disability.
Han Yi, the vice president of the Nanjiao District Court of Datong City, was very familiar with this case. He introduced that on November 16, 2007, the Nanjiao District Labor Dispute Arbitration Committee of Datong City made a ruling, confirming the labor relationship between Wang Tinglu and Gudian Coal Mine; on January 4, 2008, the Datong City Labor and Social Security Bureau made a decision on the work-related injury recognition, confirming Wang Tinglu's work-related injury.
On April 24, 2008, the Datong City Labor Capacity Appraisal Committee made a labor capacity appraisal, rating Wang Tinglu's disability level as grade 3. The Nanjiao District Court made Civil Judgment No. 10 of (2009), ordering Gudian Coal Mine to pay Wang Tinglu compensation of 249,073 yuan. After the judgment, Wang Tinglu appealed to the Intermediate People's Court of Datong City, and the Intermediate Court made Civil Judgment No. 109 of (2009), ordering Gudian Coal Mine to pay Wang Tinglu a total of 254,212 yuan for damages within 15 days after the judgment took effect, while terminating the labor relationship.
Wang Tinglu applied for execution on November 4, 2009.
Unfortunately, the Shanxi provincial government issued a document in April 2009, completely closing down the coal mine.
Han Yi stated that Wang Tinglu then proposed to the court that the mine had risk deposit funds. After verification by the district coal industry bureau, the court found that the 700,000 yuan risk deposit fund was withdrawn by Gaoshan Town Coal Company on July 20, 2009, and used to compensate petitioning workers, making the case unenforceable.
Wang Tinglu's case fell into a deadlock.
Now, Wang Tinglu's life has fallen into extreme poverty. In the past three years, in order to seek medical treatment and file lawsuits, he borrowed money from relatives and friends, accumulating debts of more than 100,000 yuan. His younger son is attending university in Jiangxi province, and recently called to ask for tuition and living expenses. Due to long-term bed rest, Wang Tinglu also suffers from severe kidney stones.
Talking about Wang Tinglu's situation, Han Yi expressed deep sympathy. This year during the Spring Festival, the court raised 2,500 yuan for Wang Tinglu. "We know it doesn't solve big problems, but we can only help with emergencies," Han Yi said. "Wang Tinglu and his wife have come to the court many times to cry and tell their stories. Wang Tinglu needs surgery due to illness, and life is very difficult. The court has negotiated multiple times with the Gaoshan Town government, but due to economic difficulties, the town cannot provide assistance. Recently, we have submitted a request report to the district government, asking the district government to resolve the issue from the mine's resource payment."
According to Han Yi, such cases have led to the inability to execute smoothly due to the policy-based closure of coal mines. Currently, they are actively coordinating with relevant departments and hope to resolve such cases from the mine's compensation funds.
He also revealed that there are not a few cases similar to Wang Tinglu's. "The government's document 'killed' the enterprise, leaving no execution target. Where can we get the money? To be honest, such cases are already unenforceable."
A judge in Datong who did not want to disclose his name suggested that an appeal could be made: "Let the Higher Court, the Ministry of Finance, and the civil affairs department jointly issue detailed rules, listing a special fund for relief, specifically helping people like Wang Tinglu who cannot receive compensation due to litigation and fall into extreme poverty. For example, at all levels of finance, take out one-thousandth each year to establish a special institution, specifically for the court to solve such enforcement problems. The court does not handle the money, just provides proof, and then collects money from the civil affairs department."
Reported from Datong on April 26.