laitimes

Don't let the "little things" turn into worries

author:Former Guo prosecutor

On December 9, 2022, when the prosecutor of the Zhengzhou Railway Transportation Procuratorate called the applicant, Hu, he told the prosecutor that 45 migrant workers, including him, had just returned safely to their home in Changyang Tujia Autonomous County in Hunan Province. Not long ago, the court helped Hu and others recover more than 440,000 yuan in wages owed during the construction of the Zhengzhou section of the Beijing-Guangzhou high-speed railway by supporting the prosecution. Previously, Hu and others had been rushing to recover arrears of wages for more than 7 months, but they still had no landing. Hu said emotionally: "If it weren't for your help, our 45 families wouldn't be able to live for years..."

Article 15 of the Civil Procedure Law stipulates: "Organs, social groups, enterprises and public institutions may support the injured unit or individual in filing a lawsuit in the people's court for conduct that harms the civil rights and interests of the State, collectives or individuals. "As the state's legal supervision organ, when a unit or individual whose civil rights and interests have been infringed upon has not achieved the minimum goal of rights protection after the relevant administrative organs, social groups, and other departments have performed their duties, and has the will to sue and protect their rights, but they are unable or afraid to file a lawsuit due to weak litigation capacity, they may support them in filing a civil lawsuit in the people's court. Carrying out support for prosecution work is an inevitable requirement for procuratorial organs to deeply implement Xi Jinping Thought on the rule of law, resolve contradictions among the people, and safeguard social fairness and justice, and it is also a vivid embodiment of procuratorial organs' ability to perform their duties in accordance with the law.

In recent years, based on the reality of a province with a large population, the procuratorial organs of Henan Province have been able to perform their duties in accordance with the law, actively explored their actions, and handed over an excellent procuratorial answer sheet in carrying out support for prosecution work and protecting the legitimate rights and interests of special groups.

Strengthen collaboration and linkage to form a joint force

Not long ago, Ding, who lives in a western province, called the procurator handling the case at the Jun County Procuratorate in Henan Province to consult on legal issues. He said that after the Spring Festival, he would go to Jun County to work, "because the wages of working here are guaranteed."

From October 2018 to March 2019, Ding and four others worked on an engineering project in Jun County contracted by Henan Zhongteng Company (pseudonym). After the completion of the project, Ding and others were unable to receive their salaries. On January 7, 2020, Ding and others reported the problem to the Junxian Human Resources and Social Security Bureau. After the Jun County Human Resources and Social Security Bureau intervened without success, it transferred the clue to the Jun County Public Security Bureau on August 10, 2020.

After investigation, the public security organ transferred Zhongteng Company to the Jun County Procuratorate for examination and prosecution on suspicion of refusing to pay labor remuneration, and later determined that the facts were unclear and the evidence was insufficient due to the amount of wage arrears, and the procuratorate suggested that the public security organ supplement the investigation. After no progress was made, the public security organs voluntarily withdrew the case. Ding and others were not satisfied and applied to the Jun County Procuratorate for supervision. After review, the criminal prosecution department of the procuratorate held that the public security organ's withdrawal of the case was not improper. However, considering the existence of the basic fact that Ding and others did not receive salaries, the criminal prosecution department transferred the clues of the case to the civil prosecution department of the court. In December 2021, in accordance with the work idea of connecting criminal and civil conflicts to resolve conflicts, the civil prosecution department of the procuratorate fully solicited the reasonable and lawful demands of Ding and others, and initiated a support prosecution procedure based on his application.

Don't let the "little things" turn into worries

In handling the case of migrant worker Ding's recovery for labor remuneration support prosecution, the procurator of the Jun County Procuratorate and the human resources and social security department investigated and understood the circumstances of the case.

In the process of handling the case, the procurator determined the case-handling idea of "prosecution + reconciliation" according to the focus of the case and the crux of the problem. In the end, after repeated communication and coordination by the procurator and interpretation of the law, the two parties agreed to distribute the 70,000 yuan previously paid by Zhongteng to the Human Resources and Social Security Bureau to resolve the dispute. On March 5, 2022, after receiving the corresponding amount of wages from the Junxian Human Resources and Social Security Bureau, Ding and others signed the wage settlement certificate.

"The lead in this case supporting the prosecution was transferred from the criminal prosecution department of our court to the civil prosecution department." Speaking about the successful handling of this case, Liang Ning, director of the Fourth Procuratorial Department of the Jun County Procuratorate, said with deep feelings, "If our various departments are 'sweeping the snow in front of each door', this case will definitely be lost, and the legitimate interests of those migrant workers will be difficult to protect in time." ”

"As the saying goes, 'It is difficult for a clever woman to cook without rice'. The same is true in support of prosecutions. Wang Hongpu, chief procurator of the Jun County Procuratorate, introduced that in order to form a joint force, in terms of internal linkage, the procuratorate has effectively enhanced the awareness of integrated case handling, strengthened the coordination and coordination of various internal departments, and required civil procuratorial departments to cooperate closely with procuratorial departments such as criminal, juvenile, and accusations and appeals, actively carry out the flow of leads, and coordinate matters such as the transfer of leads, case scheduling, and force allocation. Especially in the handling of cases of arrears of wages to migrant workers, civil prosecution continues to follow up after the criminal case is withdrawn, which can support prosecution and crime fighting, legal supervision and deployment and development at the same time, so as to achieve optimal allocation of resources and complementary advantages.

According to Li Junxiang, deputy director of the Sixth Procuratorial Department of the Henan Provincial Procuratorate, the internal linkage of the procuratorate is only one aspect of forming a joint force to protect the rights and interests of special groups, and the acquisition of many clues supporting prosecution cases must be achieved through external collaboration, "which requires strengthening communication and exchanges with administrative organs, legal aid institutions, etc., constantly improving mechanisms such as lead transfer, information sharing, and joint mediation, and jointly building a 'multi-in-one' protection system for safeguarding the legitimate rights and interests of special groups."

"In terms of actively strengthening linkage and cooperation with relevant units, and establishing working mechanisms such as information sharing, lead transfer, and coordination and cooperation, procuratorial organs in many places in Henan have actively and effectively explored." For example, Feng Haikuan, deputy director of the Sixth Procuratorial Department of the Henan Provincial Procuratorate, said that for example, the Xuchang Municipal Procuratorate led the Municipal Federation of Trade Unions, the Civil Affairs Bureau, the Human Resources and Social Security Bureau, the Disabled Persons' Federation and other departments to sign the "Implementation Opinions on Establishing a Coordination Mechanism for Civil Procuratorial Support and Prosecution"; the Nanyang Municipal Procuratorate led the municipal court and the public security and judicial administrative departments to sign the "Measures for Strengthening Cooperation in Handling Civil Litigation Cases for Vulnerable Groups"; and the Lushi County Procuratorate led the County Bureau of Justice, the Human Resources and Social Security Bureau, the Letters and Visits Bureau, and the Veterans Affairs Bureau to sign the " Several Opinions on the Establishment of a Collaborative Mechanism for Civil Support for Prosecution Work, etc. The issuance of these opinions and measures has not only added impetus to the procuratorial organs' exploration and development of civil support for prosecution, but also created a good atmosphere for the province to jointly protect the legitimate rights and interests of special groups.

Expand support areas around people's livelihood hotspots

Recently, Lin, who lives in Weibin District, Xinxiang City, Henan Province, used his social security card to buy several boxes of double jaundice oral liquid in a community hospital. This was a common thing, but a few months ago, it was a thing that was out of reach for him.

In 2011, Lin was informed by the original unit that the file was lost when applying for social insurance, and Lin filed a lawsuit demanding compensation. However, due to Lin's inability to accurately express his claims in multiple litigations and his inability to provide effective evidence, his claims have never been realized after 13 judgments and rulings in more than ten years. In September 2021, the case was transferred to the Weibin District Procuratorate as a petition case. After visiting and investigating, the procurator of the court learned in detail the reasons why Lin had never been able to realize his claim. On the premise that Lin had the will to sue and hoped that the procuratorate could help, the court decided to support Lin's prosecution.

In the process of handling this case, on the one hand, the court guided and assisted Lin in clarifying his own demands and preparing litigation materials; On the one hand, the resolution of contradictions and disputes will be carried out throughout, and the work of promoting peace before litigation will be actively carried out. After many explanations and face-to-face communication, the hospital finally urged the social security department to open an individual social security account for Lin, urged Lin's original unit to transfer Lin's file in accordance with the regulations, paid social insurance premiums for him, and paid a one-time relief fund of 3,000 yuan. On March 16, 2022, Lin reached a mediation agreement with the original unit.

"This is a labor dispute case, which fully reflects the value and role of supporting prosecution." Chu Yuzhou, a prosecutor from the Weibin District Procuratorate who presided over the case, said that in this case, the employer was obviously in a stronger position than the employee, and the procuratorate gave legal support to the employee to ensure that both parties were in an equal litigation position.

In September 2022, the woman Zhang came to the Xiangfu District Procuratorate in Kaifeng City to apply for support for prosecution. This is the third time Zhang has sued for divorce. Until then, the matter had been settled due to custody of the children.

It is understood that Zhang's son is born with hearing impairment. In order to get back custody and better take care of his son, Zhang chose to go to the procuratorate for help. After collective discussion, the Xiangfu District Procuratorate decided to support the prosecution of Zhang's claim for custody and alimony in accordance with the law. In October 2022, with the support of the procuratorate, the court upheld all of Zhang's claims.

Don't let the "little things" turn into worries

The prosecutor of the Xiangfu District Procuratorate in Kaifeng City communicated with Zhang and his lawyer before the trial.

According to Feng Haikuan, according to the provisions of the Civil Procedure Law, units or individuals whose legitimate rights and interests have been harmed can become the target of supporting the lawsuit. Since 2022, the procuratorial authorities of Henan Province have adhered to the concept of active justice in determining the scope of application of the support prosecution system, and in addition to focusing on labor dispute cases, they have also focused on protecting victims in marriage and family, protecting aggrieved minors, the elderly, the disabled, and agriculture-related cases, and achieved remarkable results.

In April 2022, when a property company in Hebi City withdrew from a residential area, it did not settle the wages of five elderly workers over 60 years old, including Meng Mou, who were employed by the company, and the five people repeatedly approached the property company to ask for wages, so they applied to the Shancheng District Procuratorate of Hebi City to support the prosecution.

When handling the case, the Shancheng District Procuratorate found that the existing evidence was insufficient to determine that the five elderly people had an employment relationship with a property company, so it initiated an investigation and verification procedure, and the joint district labor inspection brigade successively questioned the community director and community households, and collected evidence of the work schedule of the property company for the five elderly people and the amount of wages owed to each old man, confirming the fact that the five elderly people were employed to provide property services. On this basis, the court submitted an opinion in support of the prosecution to the court in accordance with the law, which was adopted by the court. On July 15, 2022, after a court judgment in accordance with the law, the property company paid off the wages owed to the five elderly people in one lump sum.

Don't let the "little things" turn into worries

After the Shancheng District Procuratorate of Hebi City helped Meng and other migrant elderly people recover their labor remuneration, the procurator of the procuratorate assisted the elderly on the spot to sign and receive the payment.

"Civil support prosecution cases generally have a small amount, but because the parties lack legal knowledge, they dare not or will not defend their rights according to law through legal procedures, and 'small things' have become their worries and worries." According to Feng Haikuan, in order to increase support for prosecution work, since April 2022, the Henan Provincial Procuratorate has organized special activities for civil support for prosecution in procuratorial organs throughout the province. Since the launch of the special activities, the procuratorial organs at the three levels of the province have been able to perform their duties in accordance with the law, paid close attention to hot spots in people's livelihood, tried to explore judicial protection for vulnerable groups in other fields, and included cases such as recovery of alimony and alimony, embezzlement of security deposits for the disabled, and domestic violence into the scope of supervision, which not only broadened the scope of support for prosecution, but also cultivated a new carrier for procuratorial organs to practice the people-centered development thinking.

It is understood that as of the end of December 2022, the number of civil support prosecution cases handled by the procuratorate in Henan Province increased by nearly 10 times compared with the same period in 2021. Among them, 417 cases of support for migrant workers to recover labor remuneration, 68 cases of support for the elderly to recover alimony, and 74 cases of support for women and children to recover alimony were handled.

Extend procuratorial functions and improve the quality and efficiency of case handling

In March 2022, the wife of Li, a retired soldier from Yuanyang County, Henan Province, drove an electric tricycle to send her grandson and granddaughter to school, when passing a certain section of the county, suddenly encountered strong winds, and even people with their cars were blown into the newly repaired canal on the side of the road. Li's wife drowned after ineffective rescue, and after the two children were rushed to the hospital, although their lives were not harmed, they spent more than 3,000 yuan in medical expenses.

In this case, Li was a retired disabled soldier with a very poor family and weak litigation ability, and the casualties of his family caused him great mental trauma, and the infringer did not give him reasonable economic compensation.

After accepting Li's application for support of prosecution on May 5, 2022, the Yuanyang County Procuratorate attached great importance to it, immediately organized the procurator to carry out on-site investigation and verification, assisted Li in collecting relevant evidence, and issued a "Letter of Support for Prosecution" to the court.

On June 24 of the same year, the court publicly heard the case in accordance with the law and adopted the procuratorate's opinion supporting the prosecution, ruling that the Yuanyang County Water Conservancy Bureau and a certain bureau of China Railway each bear 15% of the compensation liability, and compensate Li and others for death compensation, mental comfort money, and funeral expenses totaling more than 120,000 yuan.

"Supposedly, the legal process has been completed here, but we have not stopped there." Ge Erlei, director of the Fourth Procuratorial Department of the Yuanyang County Procuratorate, said that in view of the potential safety hazards in the construction and management of the canal, the Yuanyang County Procuratorate insisted on doing a good job in the "second half of the article" of judicial case handling, and suggested that the Yuanyang County Water Conservancy Bureau add road protective fences to this section of the canal to ensure the operation of the canal and the safety of road traffic. The Yuanyang County Water Conservancy Bureau immediately sent a letter to China Railway Fifth Engineering Co., Ltd., requesting it to add safety fences to the canal to eliminate potential safety hazards. After receiving the letter, China Railway Fifth Engineering Co., Ltd. immediately carried out rectification, quickly installed safety fences in the road section where the incident occurred, and set up warning signs at key places to ensure the safety of people and vehicles.

"The practice of the Yuanyang County Procuratorate is only a microcosm of the Henan Provincial Procuratorate's actual support for the prosecution of the 'second half' article. Supporting prosecution is by no means 'one lawsuit', and the relationship between legal supervision and social governance should also be properly handled. Li Junxiang said that supporting prosecution as an extension of civil prosecution supervision power is only one of the means of judicial rights protection, and the purpose of procuratorial organs supporting prosecution is not simply to help applicants prosecute cases to the court, but should focus on resolving conflicts, resolving disputes, and deeper integration and promotion of social governance. With the emergence of a large number of new types of difficult and complex cases and the people's urgent and difficult expectations, procuratorial organs should promote the settlement of disputes in similar cases with the help of the handling of individual cases, so as to achieve the effect of "handling one case and governing one case".

In the course of handling a case in support of prosecution, the Fengquan District Procuratorate of Xinxiang City found that the social security department had not performed its supervisory duties over the migrant workers' wage guarantee account and the special account for migrant workers' wages in accordance with the law, so it promptly issued procuratorial recommendations, suggesting that the social security department strictly enforce the law and plug the loopholes in the system. The department fully adopted the procuratorial recommendations, established the Fengquan District Leading Group for the Eradication of Wages Arrears to Migrant Workers, and invited the institute to participate in the formulation of the "Rules for Guaranteeing the Payment of Wages for Migrant Workers in the Field of Engineering Construction in Fengquan District", which promoted the standardization and institutionalization of the payment of wages for migrant workers in the field of engineering construction.

For another example, in the civil support case handled by the Lushi County Procuratorate in Henan Province for Guo's request to return the custody of his daughter, the Lushi County Procuratorate, after helping Guo to get back the custody of his daughter, also used the court's "Lingling Studio" to patiently counsel the dependents. At the same time, when it became clear that dependents could not attend school due to hukou problems, the procurator repeatedly went to the Lushi County Education and Sports Bureau to help coordinate school attendance. In the end, with the assistance of the Education and Sports Bureau, the relevant procedures were improved, and the enrollment problem of Guo's daughter was successfully resolved.

Don't let the "little things" turn into worries

On the eve of Children's Day in 2022, prosecutors from the Lushi County Procuratorate paid a return visit to Guo's home and sent school supplies to his daughter.

"Carrying out support for prosecution work is a higher requirement of the Party and the people for procuratorial organs to actively perform their statutory duties and promote social fairness, justice, harmony and stability in the new era." Feng Haikuan introduced that as of the end of December 2022, the procuratorial organs of Henan Province had accepted nearly 1,200 cases to support prosecution, 991 cases had been closed, and 663 cases had been adopted by the courts, achieving good political, social and legal effects.

(Procurator Daily, Minsheng Weekly, Liu Lixin, Wang Tianrun)