Administrative Trial for People's Livelihood Judicial Resolution Emphasizes Practical Results The Administrative Division of the Langfang Intermediate People's Court successfully mediated a work-related injury insurance qualification case

Recently, the Administrative Tribunal of the Langfang Intermediate People's Court heard a case of work injury insurance qualification determination, in which the husband of the plaintiff, Li Mou, died of a sudden illness on the same day on the second day of his arrival at the third-party company. After the plaintiff applied for the qualification of work injury insurance, the defendant Langfang Municipal Human Resources and Social Security Bureau made a work injury determination on the grounds that the third party did not officially resume work during the epidemic period and that he did not enter the working state. After the case was reviewed by the Langfang Municipal People's Government, the decision of the Human Resources and Social Security Bureau not to recognize the work injury was upheld. The plaintiff filed an administrative lawsuit with the Guangyang District People's Court, and after the Guangyang District People's Court tried in the first instance, the defendant Langfang Municipal Human Resources and Social Security Bureau was unclear in its investigation of whether he was working and working at the time of illness, and the decision not to recognize the work injury was not enough evidence to revoke the decision of the defendant Social Security Bureau not to recognize the work injury and the municipal government's reconsideration decision. The third party appealed to the Langfang Intermediate People's Court.

After the Administrative Tribunal accepted the case, after carefully examining the file and questioning the parties, it was learned that a certain department of migrant workers from other places was the main labor force in the family, and that when he arrived at the third-party unit, he encountered misfortune, and the whole family fell into grief, because he had just arrived at the third-party unit, and the company had not yet paid for the work injury insurance, and now the plaintiff's family life was in trouble. The third party in this case, due to the long period of work stoppage during the epidemic period and the poor economic benefits, and according to the relevant provisions of the Regulations on Work-related Injury Insurance, if the employer fails to pay the work-related injury insurance, the unit shall bear the relevant responsibilities for the occurrence of the work-related accident. After comprehensive deliberation, the collegial panel held that if the first-instance judgment is upheld, it will face many practical difficulties, on the one hand, although the plaintiff won the lawsuit, it will enter a new round of work injury determination, and the compensation cannot be in place in time to alleviate the problem of actual living difficulties; on the other hand, the third-party enterprise belongs to small and micro enterprises, which have just resumed work and production due to the epidemic situation, and are still in a state of maintaining operation. On this basis, the collegial panel held that although the case was embodied in the form of administrative litigation, the important livelihood of individuals involving two parties should be based on the ultimate goal of substantively resolving contradictions, and whether it was the family of the deceased or the employer, it should be properly treated on a fair and just basis. After determining the goal, the presiding judge first identified the starting point, communicated with the plaintiff, expressed the collegial panel's opinion on the mediation of the case, and after obtaining the plaintiff's understanding, mediated on the specific amount of compensation. During the mediation process, the mediation work was once in trouble because the amount of compensation expected by the plaintiff was much higher than the third party could afford. The presiding judge did not give up, constantly patiently and meticulously coordinated with the plaintiff and the third party, and constantly used reason and jurisprudence to open the hearts of the parties. After hard work, the plaintiff and the third party finally reached a mediation agreement and paid on the spot, and the case was closed with withdrawal. The plaintiff, Li Mou, had mixed feelings at the moment when he got the compensation, expressed his sincere gratitude for the work of the host judge, and the third person also said that through mediation, the enterprise avoided the risk of bankruptcy and bankruptcy.

The successful mediation of this case is not only the practice of the "I do practical things for the masses" activity, but also the full play of the role of administrative adjudication, that is, to provide a strong judicial guarantee for ensuring and improving people's livelihood. The Administrative Tribunal of the Langfang Intermediate People's Court takes the judiciary for the people and the maintenance of social fairness and justice as the starting point and foothold of administrative trial work, strives to achieve a win-win situation of protecting people's livelihood and urging administrative organs to administer according to law, and contributes to promoting the harmonious development of society.