Text | Reporter Zhu Yameng
Things that benefit the people will be prosperous. If I am complaining, I am here.
On March 11, the Supreme People's Court held the sixth all-media live interview in the 2024 National People's Congress and the National People's Congress "Work Report of the Supreme People's Court" (hereinafter referred to as the "Report"), in which Chen Yifang, President of the First Civil Division of the Supreme People's Court, exchanged views with netizens on the theme of "'If I Sue' to Handle People's Livelihood Cases", introducing the new measures and progress of the people's courts in this field in 2023.
On March 11, the Supreme People's Court held the sixth all-media live interview in the series of interpretation of the "Work Report of the Supreme People's Court" of the 2024 National People's Congress and the National People's Congress to introduce the effectiveness of "If I am suing" and handling people's livelihood cases
According to Chen Yifang, in 2023, courts across the country will conclude 17.477 million first-instance civil and commercial cases, including 5.391 million cases involving education, employment, medical care, pension, food safety and other livelihood cases.
"Although people's livelihood cases are 'small', they are related to 'big' politics. Chen Yifang said that the people's courts deeply practice Xi Jinping's thought on the rule of law, and strive to make the people feel that fairness and justice are around them with the awareness of "as I am suing".
Do a good job of handling the cases around the people with heart
The installation of elevators in existing residences is not only a popular "people's livelihood project" that benefits the people, but also an important measure to let the people say goodbye to the "difficulty in climbing the building" and obtain a sense of happiness "up and down".
According to the data, as of October 2023, nearly 100,000 elevators have been installed in existing residences in old communities across the country, but in practice, the installation of elevators is still a difficult problem that the masses have strongly responded to in the transformation of old communities. On November 8, 2023, the Supreme People's Court and the Ministry of Housing and Urban-Rural Development jointly released a typical case of installing elevators in existing residential buildings in old residential areas.
Chen Yifang pointed out that these cases not only clarify the legal rules that owners have the right to install and use elevators in accordance with the law, but also carry forward the tradition of neighborhood friendliness, lead owners to understand each other, tolerate and understand, untie the "case knot" and open the "heart knot", help solve the difficulties of the elderly, the disabled and other people going up and down the stairs, and ensure the happiness and peace of millions of families.
With the development of the digital economy, "new forms of employment" such as couriers and food delivery riders have emerged.
"In judicial practice, it has been found that many employers of food delivery riders have signed contracts with service outsourcing companies, labor service companies, etc., 'serial outsourcing' of food delivery business or labor services, and constantly changed the subject of wage payment and social security payment, so as to avoid establishing labor relations with employees, resulting in food delivery riders being hired according to the recruitment information released by the employer, but unable to find their own employer when their rights and interests are damaged. Chen Yifang pointed out.
For example, in the "serial outsourcing case of a logistics company in Beijing" mentioned in the report, the court finally found that there was a personal subordination, economic subordination and organizational subordination between Wang and Beijing Logistics Company, and that there was an employment relationship, and on the basis of ascertaining other facts, it supported Wang's litigation claim on unused annual leave wages in accordance with the law.
"The Supreme People's Court adheres to the combination of protecting the legitimate rights and interests of workers in new forms of employment and promoting the orderly and healthy development of the platform economy. Chen Yifang said that on the one hand, it plays a leading and exemplary role in typical cases. On the other hand, promote non-litigation service work in the field of new forms of employment, actively support and cooperate with the Ministry of Human Resources and Social Security in issuing model texts of labor contracts and written agreements for workers in new forms of employment, promote pilot projects for occupational injury protection, and smooth expedited procedures, so as to strengthen the protection of the rights and interests of workers in the platform economy in accordance with the law.
Food safety has always been a hot topic of concern to the people.
In 2009, after the Food Safety Law of the People's Republic of China established the punitive damages rule of "refund one and compensate ten", the phenomenon of "knowing and buying fake" claims in the food field has increased. Due to the problem of inconsistent adjudication standards in judicial practice, it has led to the chaos of some people who support "buying fakes when they know about them", and then go to "fight counterfeits and make claims".
In this regard, the Supreme People's Court actively responded, clarifying that "reasonable living consumption" is the standard for supporting the claim of "knowing and buying counterfeits", and issued four typical cases of punitive damages for food safety, unifying the adjudication rules, so that the problem of different adjudication standards for "knowing and buying counterfeits" that has been delayed for more than 20 years has been standardized.
Wang Yue, deputy to the National People's Congress and director of the Department of Rheumatology and Immunology of Huludao Central Hospital in Liaoning Province, said after listening to the report: "The release of these cases unifies the adjudication rules of relevant cases, guides producers and operators to produce and operate legally, and consumers to rationally protect their rights, so as to create a good legal environment for promoting high-quality economic and social development." ”
It is reported that in 2023, Wang Yue also submitted the "Proposal on Regulating "Professional Anti-counterfeiters", suggesting that the punishment for the production and sale of counterfeits by operators should be increased, and the judicial organs and relevant departments should punish and punish them, so as to eliminate the improper links between "professional anti-counterfeiters" and producers and operators.
In addition, the "Report" also specifically mentions the trial of "pet injury cases" in accordance with the law. On February 5, 2024, the Supreme People's Court just released six typical cases on liability for damage caused by raising animals.
"The release of the case and related interpretations are aimed at guiding the masses to effectively raise dogs in a civilized manner and in accordance with regulations, strengthen the awareness of the responsibility of raising dogs and the responsibility of raising dogs, promote the formation of a strict law enforcement and law-abiding dog breeding atmosphere and environment, and strive to guide the formation of the rule of law cognition of 'dog raising has rules, and you need to be responsible for damages', and promote the cultivation of a good life style. Chen Yifang said, "In the next step, we will continue to pay attention to the changes in the data of animal injury cases in courts across the country in the coming cycle, take targeted measures in response to the new situation, and absorb the reasonable rules that have been tested by judicial practice and social public opinion into the judicial interpretation to clarify." ”
Use affection to cut off the people's household affairs
"The old and the old, the young and the young. "The people's courts have always strengthened the concept of justice for the people, protected the lawful rights and interests of special groups in accordance with the law, guarded social fairness and justice, and promoted social harmony and stability.
The "case of the three Gu brothers applying for the appointment of an estate administrator" mentioned in the "Report" is a well-circulated story.
Yang is a deaf-mute elderly man who has never had a family and cannot take care of himself. The grandmother of the three Gu brothers took care of Yang in her early years, and the two families had a lot of contacts. Because Yang had no one to take care of him in his later years, the three Gu brothers took the initiative to lend a hand and took care of Yang for many years, and also hired a nurse for the elderly. In 2017, Yang was admitted to the hospital for treatment due to illness, and the three Gu brothers took turns to visit the patient, accompany them, and be responsible for all expenses such as the medical treatment of the elderly. In 2021, Yang died of illness, and the three Gu brothers handled the funeral matters wholeheartedly, and buried the urns of Yang and his parents together, and worshiped according to local customs on every anniversary. In 2022, the three Gu brothers applied to the court to appoint the local civil affairs bureau as the administrator of Yang's estate.
On the basis of ascertaining the fact that the three Gu brothers were being raised, the court held that the three were persons who "could be distributed to appropriate estates" as stipulated in the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code") and had the right to apply for the appointment of an estate administrator as an interested party, so it ruled to appoint the local civil affairs bureau as the estate administrator. Later, the Civil Affairs Bureau actively performed its management duties, counted the estate, and the three Gu brothers received the corresponding property in accordance with the law.
Chen Yifang pointed out that the above-mentioned cases are a concrete embodiment of the integration of socialist core values into judicial adjudication. On the one hand, it fully affirms the good deeds of taking care of the elderly regardless of returns, and leads the virtues and good deeds of respecting and helping the elderly with judicial praise, and on the other hand, it is clarified that, in addition to the heirs, the person who supports the deceased more and "can be distributed to an appropriate inheritance" as stipulated in Article 1131 of the Civil Code has the right to apply for the appointment of an estate administrator as an "interested party" as provided for in Article 1146 of the Civil Code, and further clarifies and implements the design of the estate administrator system of the Civil Code through judicial adjudication, and integrates it into the daily life of the people.
On December 2, 2023, the juvenile protection documentary and popular law animation "Return to the Trial Scene: Juvenile Court" produced by the Supreme People's Court was officially launched and broadcast, and it quickly "went out of the circle" with its real cases and novel forms, arousing the attention and heated discussions of all walks of life.
"The cases presented in the anime are very typical, the legal issues are clearly explained, covering the main aspects of the judicial protection of minors, and fully demonstrating the care and care of the judicial authorities for minors. Huang Meimei, deputy to the National People's Congress and administrative commissioner of the administrative and human resources department of Zhejiang Original Brand Management Co., Ltd., said.
"While popularizing the legal knowledge of the protection of minors, the animation also makes the audience realize the seriousness of the law and the principle of equality before the law, and fully guides minors to abide by the law and establish correct legal concepts. Jiang Tianliang, member of the Standing Committee of the National People's Congress, member of the National People's Congress Ethnic Committee, associate professor of Xiangxi Vocational and Technical College for Nationalities in Hunan Province, and special supervisor of the Supreme People's Court, pointed out.
For example, in 2023, the Supreme People's Court established a "three-in-one" working mechanism for juvenile trials, integrating the functions of juvenile criminal, civil, administrative, and public interest litigation trials to protect the rights and interests of minors in an integrated manner; Opinions, severely punish crimes of sexual violations against minors, weave a dense network of legal protections, advance measures for the appointment and management of vice-principals for rule of law in primary and secondary schools, strengthen publicity and education on the rule of law for young people, and sow the "seeds" of the rule of law in the hearts of children.
As the saying goes, "it is difficult for a clean official to cut off family affairs". However, in this year's report, it is clearly pointed out that domestic violence is not a "family matter", and that combating domestic violence is the common responsibility of the state, society and every family.
In 2023, the Supreme People's Court released two batches of typical cases against domestic violence. In addition to physical violence, the Typical Cases further clarify that psychological violence is also domestic violence, and that minor children who have been robbed, hidden, or witnessed domestic violence are also victims of domestic violence. This fully reflects the perfection and progress of the mainland's judicial system.
For the "case of Bao Li, a female college student", which was widely reported by the media in 2023, the court finally found that a cohabiting man and woman with the basic facts of living together can constitute a "family member" in the crime of abuse, and if the family members repeat, persistently, and for a long time, carry out mental abuse, and the circumstances are heinous, it constitutes the crime of abuse.
"This case responds to the changes in the current social and family structure, highlights the protection of the legitimate rights and interests of one party in a stable romantic cohabitation relationship, especially women, and forms a legal deterrent to the perpetrator or potential perpetrator. Chen Yifang said.
In January 2024, the Supreme People's Court promulgated the Provisions on Several Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Bride Price (hereinafter referred to as the "Provisions"). "Let marriage begin with love, and let the bride price return to 'ceremony'" has become a hot topic for everyone.
In recent years, the number of cases involving bride price disputes has been on the rise, and the trend of comparison has become increasingly popular. This not only puts a heavy financial burden on the party who pays the bride price, but also lays a hidden danger of disputes for the stability of the marriage. Some bride price disputes even lead to criminal cases.
"The court's attitude towards the bride price is one that respects traditional customs and explicitly prohibits the use of money or property in the name of the bride price. Chen Yifang pointed out.
Chen Yifang introduced that a number of typical cases and "Provisions" related to bride price disputes issued by the Supreme People's Court aim to properly handle the interests of both parties and protect the legitimate rights and interests of women. In addition, the "Provisions" also regulate key and difficult issues such as the scope of the determination of bride price and the qualification of the subject of litigation in judicial practice.
Serve hard to ensure the overall situation
Promoting national and social governance is the goal orientation of people's livelihood justice.
In real life, it is not uncommon to register the names of private entrepreneurs and their companies as trademarks for funeral supplies such as urns and shrouds in the form of homophones or homophonies, and to produce and publish false short videos to mislead consumers and damage the goodwill of their peers by making and publishing false short videos to conduct marketing in the name of evaluation.
In September 2023, the Supreme People's Court issued the Guiding Opinions on Optimizing the Legal Environment and Promoting the Development and Growth of the Private Economy, which requires that the personality rights of private enterprises and entrepreneurs be protected in accordance with the law. In October 2023, the Supreme People's Court released six typical cases involving private enterprises and private entrepreneurs on the protection of personality rights, further promoting the creation of a legal environment conducive to the development of the private economy.
Chen Yifang pointed out that in the era of self-media where "everyone has a microphone", the convenience, extensiveness, and interactivity of online communication determine the immediacy, long-term, and relevance of online infringement injuries. Once any civil entity suffers from online violence, the first thing it faces is the rapid damage to its social reputation, which in turn affects production and life, and seriously harms the lawful rights and interests of citizens and legal persons. The reputation of enterprises and entrepreneurs is an important foundation for the survival and development of enterprises, and protecting the reputation rights of private enterprises and private entrepreneurs in accordance with the law is the proper meaning of building a business environment based on the rule of law.
2023 commemorates the 60th anniversary of Comrade Mao Zedong's instruction to learn and promote the "Fengqiao Experience" and the 20th anniversary of General Secretary Xi Jinping's instruction to adhere to and develop the "Fengqiao Experience".
The people's courtroom is close to the grassroots level and integrated into the front line, and is the forefront of practicing the "Fengqiao Experience" in the new era. According to the data, at present, there are 10,519 people's tribunals actually operating in courts across the country, and the number of cases accepted in 2023 will be 5.415 million, accounting for 31.7% of the number of cases accepted by grassroots courts nationwide. In 2023, with the approval of the Party Central Committee, the Supreme People's Court will launch a demonstration project for the creation of the "Fengqiao-style People's Courtroom" across the country, which is a vivid practice of the "Fengqiao Experience" in the new era of grassroots justice.
Li Zhizhi, deputy to the National People's Congress and deputy director of the Quality and Technology Department of Zhejiang Guyue Longshan Shaoxing Liquor Co., Ltd., as a representative of the National People's Congress in the birthplace of the "Fengqiao Experience", has a deep affection for the "Fengqiao Experience", and is also very concerned about the inheritance and development of the "Fengqiao Experience" in the court work in the new era. He suggested that the people's courts should further closely follow the theme of "fairness and efficiency", deepen and implement the "Fengqiao experience" in the new era, resolutely put the non-litigation dispute resolution mechanism in the forefront, based on prevention, mediation, the rule of law, and the grassroots level, build and form a progressive hierarchical filtering system for contradictions and disputes, solve problems at the grassroots level, resolve them in the bud, and better safeguard the legitimate rights and interests of the people.
Chen Yifang said that in the next step, the people's courts will promptly summarize the experience and practices of different types of people's courtrooms in resolving social contradictions and integrating them into social governance, increase publicity and promotion, and give full play to the leading role of the "Fengqiao-style people's courtroom". Seize the favorable opportunity of the creation of the "Fengqiao-style people's courtroom" to promote the great development of the construction of the people's courtroom, promote the great leap forward in the capacity of grassroots governance, and promote a greater increase in the people's sense of gain.
"The report made by President Zhang Jun allows us to see the people's court's firm position and remarkable results in thoroughly implementing Xi Jinping's thought on the rule of law 'people-centered' through the window of people's livelihood and judicial work. Wang Liming, a first-class professor at the Chinese People's University, highly affirmed the effectiveness of the Supreme People's Court in implementing the Civil Code and strengthening the protection of people's livelihood and private rights in the judiciary.
There is no trivial matter in people's livelihood. The people's courts will continue to practice the purpose of justice for the people, implement the people's demands in adjudication work, and make fairness and justice more deeply rooted in the hearts of the people.
Cover and table of contents of this issue
China Trial, Issue 5, 2024
China Trial News Semi-Monthly No. 339
Editor/Xu Chang