Table of Contents
1. Case of forced indecency by Zhou
2. Case of forced insult by Qi
3. Case of child molestation, rape, and forcible indecency by Chen
4. Case of support for prosecution of a dispute between Li X A and Li X B for child support
5. Feng and Li's gift contract dispute protest case
6. Case of supporting prosecution of a dispute between Ba X A and Ba X B, Ba X C, and others over the right to contract and operate rural land
7. Yu v. the People's Government of a Town in Jinghong City, Yunnan Province, a case of revocation of marriage registration and supervision
8. The People's Procuratorate of Yiwu City, Zhejiang Province, supervised and urged the rectification of administrative public interest litigation cases involving infringement of women's rights and interests in the entertainment industry such as e-sports scripts
9. The People's Procuratorate of Shenzhen City, Guangdong Province, supervised and regulated the construction standards of male and female toilets in public toilets
10. Guangxi Zhuang Autonomous Region, Nanning City, Yongning District People's Procuratorate Administrative Public Interest Litigation Case of Urging the Protection of the Special Rights and Interests of Female Employees in the "Phase III" Period
11. The People's Procuratorate of the Rizhao Economic and Technological Development Zone in Shandong Province urged the rectification of administrative public interest litigation cases in which village rules and covenants infringed on women's rights and interests
12. Zhang's case of national judicial aid
Case 1
Zhou's forcible indecency case
[Basic facts of the case]
On July 6, 2023, the victim Hong (female) was introduced by others to Zhou's company to apply for a job. The next day, Zhou asked Hong to arrive at the designated place to participate in the interview, and was taken by Zhou to a hospital in Wuhu City to contact business. At about 17 o'clock on the same day, Zhou asked Hong to drive him to a hotel in Wuhu City to check in, and coaxed the victim Hong to the hotel room where he was staying on the pretext of discussing business. After entering the room, Zhou pretended to talk to Hong about business, and when Hong was about to leave, Zhou hugged Hong and asked to have sex with him, but Hong refused. Zhou thought that he knew Hong's hometown address and family situation, and could spread rumors to slander his reputation, and claimed that he had a certain influence in the circle, which was enough to make it difficult for Hong to gain a foothold in the industry, and carried out obscene acts such as kissing and touching Hong's chest.
[Performance of duties by procuratorial organs]
The public security organs filed and investigated Zhou's suspected case of forcible indecency. In view of the fact that the evidence in this case was weak, with only the victim Hong's statement and her boyfriend's testimony, and the defendant refusing to admit guilt, the Jinghu District People's Procuratorate of Wuhu City, Anhui Province (hereinafter referred to as the Jinghu District Procuratorate) actively guided the public security organs to obtain the surveillance video of the hotel where the crime occurred, the check-in registration materials, and the testimony of the hotel staff, and through video analysis of the victim's facial expressions in the video materials, to confirm the victim's mental state before and after the incident, and to corroborate the authenticity of the victim's statement. On July 21, 2023, the Jinghu District Procuratorate approved the arrest of criminal suspect Zhou.
After a comprehensive review of the evidence, the procuratorate determined that the case was a case in which the person in charge of the enterprise took advantage of the weak position of a female job seeker and threatened the victim with words to force the victim not to resist, and then committed the crime of forcible indecency. This conduct seriously violates women's right to sexual self-determination, corrupts the workplace atmosphere, and is a serious social hazard, and shall be severely cracked down on in accordance with law. On November 6 of the same year, the Jinghu District Procuratorate filed a public prosecution with the Jinghu District People's Court on suspicion of forcible indecency.
During the trial, the procuratorate further explained the law and reasoning, clarifying the criminal composition of the crime of compulsory indecency and its harmfulness to society, urging defendant Zhou X to admit guilt and repent, and defendant Zhou X recognized the serious harmfulness of his conduct, and went from not admitting guilt to finally admitting the crime committed, and was willing to accept criminal punishment. In order to fully protect the victim's lawful rights and interests, the procuratorate voluntarily compensated the victim 40,000 yuan for mental losses by actively doing the work of the defendant Zhou. The court determined the facts of the crime alleged in the indictment in accordance with law, adopted the procuratorate's sentencing recommendation, and sentenced the defendant Zhou X to six months imprisonment for the crime of forcible indecency. The defendant pleaded guilty and accepted the sentence and did not appeal.
After the verdict took effect, the procuratorate took the initiative to contact the victim to learn about her psychological state and work and life conditions, and provided psychological counseling and assistance to help the victim get out of the psychological shadow and return to the right track of life and work.
【Typical Significance】
(1) Where recruiters take advantage of their unequal position in the job search process to verbally threaten job-seeking women, causing the victim to have psychological coercion to the extent that they dare not resist, it shall be found to be "coercion" in the crime of compulsory indecency in accordance with law. Article 237 of the Criminal Law of the People's Republic of China provides that the degree of "violence, coercion or other methods" in the crime of compulsory indecency needs to reach a level where the victim is unable to resist, dare not resist, or does not know how to resist. In the workplace, the managers of companies and enterprises take advantage of their positional, psychological, and environmental advantages in the recruitment of female employees to spread rumors in their life circles and workplace circles that job-seeking women have problems with their life styles, to discredit women, to make women unable to continue to work, and other such threats, which are sufficient to form a psychological coercive effect on women, and it shall be found that the verbal threat has reached the level of "coercion" in the crime of compulsory indecency. Where the perpetrator uses such verbal threats to compel women to consent to the perpetrator's indecency, it shall be found to be the crime of forcible indecency.
(2) Procuratorates should actively implement the principle of protection, severely punishing crimes of sexual assault in the workplace against women. When some women encounter sexual harassment or abuse in the workplace, they are often afraid to speak out for fear of reputational damage or job insecurity. Through lawful punishment of criminal acts that infringe on women's rights and interests by taking advantage of their position in the workplace, procuratorial organs encourage women to have the courage to use legal weapons to defend their rights when they encounter sexual harassment and sexual assault in the process of job search and employment, and ensure that women's personal rights and personal dignity are not violated.
Case 2
Case of forced insult by Qi
[Basic facts of the case]
At about 8 a.m. on June 24, 2023, Qi went to the store operated by Lu X because of an emotional dispute with the victim Lu X (female), and asked Lu X to return the property given to her by Qi X during the relationship between the two. After being rejected by Lu, Qi beat Lu (identified as a slight injury), tore Lu's clothes and pants so that his body was completely naked, forcibly dragged Lu to the side of the road in front of the store, and verbally insulted him in public, shouting at pedestrians to watch, which lasted for about ten minutes.
[Performance of duties by procuratorial organs]
On June 24, 2023, the victim Lu reported the case to the public security organs. Two days later, the Cangshan Branch of the Public Security Bureau of Fuzhou City, Fujian Province, opened a case for investigation. At the invitation of the public security organs, the Fuzhou Cangshan District People's Procuratorate (hereinafter referred to as the Cangshan District Procuratorate) intervened in the case in advance, guiding the public security organs to promptly collect and fix evidence in the case, and at the same time considering the fact that the video of the victim Lu X being beaten naked had been circulated on a small scale on the Internet, it was recommended that the public security organs do a good job of protecting the rights and interests of the victims, and avoid causing secondary harm to the victim women due to the continued spread of the video.
On July 3, 2023, the public security organs submitted a request to the Cangshan District Procuratorate for approval of the arrest of Qi on suspicion of forcible insult. The Cangshan District Procuratorate immediately launched the mechanism of "inspecting and protecting flowers", that is, handling criminal cases of infringing on the personal rights and interests of female victims, assigning female prosecutors to handle them, and at the same time providing psychological counseling and psychological counseling and treatment to help them get out of the psychological shadow of being harmed by crimes. In the course of reviewing the case, the procurator discovered that there were multiple contusions on the victim's right eye socket, arm, and thigh in the photo, and promptly guided the public security organs to supplement the fixed injury evaluation, and obtained surveillance video of the crime scene, police video, mobile phone video, and so forth. Later, the joint public security organs visited the scene of the crime several times, learned about the situation of the crime from the street merchants and the public, and further consolidated the evidence chain. On July 7, the Cangshan District Procuratorate approved Qi's arrest on suspicion of forcible insult.
During the review for prosecution, in response to the property losses caused by Qi's smashing of the shop and the treatment expenses paid by Lu, the procuratorate recommended that the victim Lu X file a civil lawsuit attached to the criminal case in accordance with the law to protect his own lawful rights and interests. On October 10, 2023, the Cangshan District Procuratorate prosecuted Qi on suspicion of forcible insult.
During the course of the trial, the procuratorate actively carried out explanations of the law and reasoning, prompting the defendant Qi X to admit guilt and accept punishment in court. Qi expressed sincere remorse for the harm caused to Lu, and was willing to apologize to the victim and compensate for the losses. Qi's defender submitted that the circumstances of the crime in this case were relatively minor, the duration was short, and there were fewer onlookers, and the harm to society was not great, and requested that Qi be dealt with leniently. The prosecutor's reply pointed out that Qi insulted the victim Lu by violent means, beat Lu and forcibly tore his clothes and pants so that his body was completely naked. Regardless of Lu's naked state, Qi forcibly dragged him from the store to the side of the road in front of the store, verbally insulted him, and shouted at passers-by to watch. The time of the incident was about 8 o'clock in the morning, the flow of people was large, Qi X insulted women in public places, causing the victim Lu X to be humiliated by many people present, and the video of his insult was spread on the Internet, which was known to an unspecified number of people. Qi's actions seriously undermined the personal dignity of women.
After trial, the court adopted the facts of the crime alleged by the procuratorate and the sentencing recommendation put forward, sentenced Qi to five years in prison for the crime of forcible insult, and ordered Qi to compensate the plaintiff in the criminal attached civil lawsuit Lu for economic losses of 3,050 yuan. After the verdict was announced, Qi did not appeal, and the judgment has taken effect.
【Typical Significance】
(1) Accurately apply the law to ensure that the punishment is commensurate with the crime. Both the crime of insult and the crime of forcible insult infringe on citizens' personal dignity and right to reputation, but where the use of violent means to forcibly strip women of their clothes and expose their private parts of their bodies, subjectively for the purpose of humiliating women, objectively causing women to have a sense of sexual shame, and seriously violating women's personal dignity, the crime of insult should not be applied to such conduct, and it should be handled only if the victim tells it, and a public prosecution shall be initiated for the crime of compulsory insult, and where the circumstances of "committing it in public in a public place" are met, a sentencing recommendation of five or more years imprisonment shall be submitted.
(2) Continue to carry out explanations of the law and reasoning, prompting defendants to admit guilt and accept punishment. At the same time, in order to reduce social confrontation and prevent retaliation after the fact, the procuratorate actively did a good job of explaining the law and reasoning, so that the defendant realized the serious harm to society of his conduct, expressed his obedience to the verdict, and did not file an appeal.
(3) Actively perform their duties in accordance with law, expanding models for the protection of women's rights and interests. In the course of handling cases, procuratorates are to actively carry out visits and investigations to gain an in-depth understanding of the circumstances of the case, and in cases involving the personal rights and interests of female victims, female procurators are to handle them, strengthening the protection of women's privacy, emphasizing joint efforts with women's federations to provide legal consultation, assistance in collecting evidence, psychological counseling, and other services for women defending their rights, to comprehensively strengthen the protection of women's rights and interests.
Case 3
Case of child molestation, rape, and forcible indecency by Chen
[Basic facts of the case]
From September 2020 to July 2022, Chen Moumou added a number of underage female students such as Zheng Moumou and Xie Moumou as friends through online social platforms, and then fabricated identities to trick 9 minors (including girls under the age of 14) into sending nude photos or indecent videos to them, and had sex with 5 of them offline to meet and have sex with them. For the four minors who were unwilling to continue their relationship, Chen Moumou threatened to spread nude photos to force them to continue their relationship.
[Performance of duties by procuratorial organs]
On July 9, 2022, the victims, Zheng XX and Xie XX, reported the case to the public security organs. After accepting the case, the public security organs found that Chen XX did not meet Xie XX offline, but only asked the victim to send him a naked chat video through the Internet, and that no harmful results occurred, and that it did not constitute a crime, and only filed the case for investigation on the grounds that "Zheng XX was raped". After being invited to intervene in the investigation, the Changtai District People's Procuratorate of Zhangzhou City, Fujian Province (hereinafter referred to as the Changtai District Procuratorate) found that the criminal suspect had lured and coerced Xie XX to shoot indecent videos for him to watch, subjectively for the purpose of satisfying sexual stimulation, and objectively carried out acts of child molestation, infringing on children's personal dignity and physical and mental health, and had constituted the crime of child molestation.
During the review and arrest phase, the Changtai District Procuratorate guided the investigating authorities to comprehensively collect and extract electronic data in view of the fact that most of the online sexual assault cases were series cases and often had multiple victims. The procuratorate sorted out a large amount of obscene information and indecent photos and videos from more than 200,000 pieces of data stored in Chen's 2 WeChat accounts and 3 QQ accounts, and found that the criminal suspect Chen Moumou had raped and molested 7 minors. The procuratorate issued a "Notice of Request for Explanation of the Reasons for Not Filing the Case" to the public security organs. The public security organs filed and investigated the suspected crimes raised by the procuratorate, ascertained all the facts of the crimes, and transferred the 10 criminal facts of the criminal suspect Chen XX for review and prosecution.
During the investigation and review for prosecution phase of this case, Chen Moumou always defended that the victim had sexual relations with him voluntarily, and he did not know that the victim was a minor girl under the age of 14. The procuratorate guided the investigating organs to collect information such as the victim's identity profile on the online platform, combing through evidence such as group photos, chat records, and homework book photos from the meeting between the two parties, and comprehensively determined that Chen XX should have known that the victim might be a minor girl under the age of 14. On December 1, 2022, the Changtai District Procuratorate filed a public prosecution with the Changtai District People's Court on suspicion of child molestation, rape, and forced indecency, and strictly submitted sentencing recommendations. On February 24, 2023, the Changtai District People's Court tried the case in closed court, adopted all the facts of the crime charged by the procuratorate and the sentencing recommendations put forward, and sentenced Chen Moumou to 12 years and six months in prison for rape, five years in prison for child molestation, one year in prison for forcible indecency, and 15 years in prison for several crimes. Defendant Chen XX did not appeal, and the judgment took effect.
In the course of handling the case, the procuratorate discovered that the defendant Chen XX had repeatedly fabricated his identity and acquainted with girls in schools and classes in QQ groups and WeChat groups related to schools and classes, such as "XX Middle School" and "XX Learning Exchange Group". In this regard, the procuratorate issued a procuratorial recommendation to the administrative departments for education, promoting a comprehensive investigation of similar WeChat groups and QQ groups in primary and secondary schools, and strengthening the prevention and control of online risks through methods such as changing group names, strictly enforcing methods for joining groups, removing unrelated personnel from groups, and emphasizing the responsibilities of group owners. Later, all primary and secondary schools set up observers to carry out regular investigations, creating a clear cyberspace conducive to the healthy growth of minors. In response to the problem of multiple victims in this case being violated due to their parents' negligence in discipline and care, resulting in addiction to the Internet and their desire to make up for the lack of affection through heterosexual love, the procuratorate issued a "Supervision and Guardianship Order" to the parents of several victims, and the Women's Federation united the Women's Federation to rely on the "Spring Bud Safety Officer" to carry out family education and guidance, and guide guardians to strengthen education, demonstration, and supervision of minors' use of the Internet.
【Typical Significance】
(1) Grasp the characteristics of cases of online sexual assault against minors, and fully use information technology methods to comprehensively verify the facts of the crime. Cases of online sexual assault often have characteristics such as a large number of victims, scattered evidence, and concealment, and procuratorates should emphasize the recovery, extraction, and inquest of electronic data, guiding the investigating organs to fully investigate the facts of the case, and lawfully digging into, prosecuting, and severely punishing crimes of online sexual assault against minors.
(2) Accurately apply the law and severely punish crimes of sexual assault against minors. Where methods of deception or coercion are used to get minors to engage in online nude chats, or to take nude photos or videos, for the purpose of satisfying sexual stimulation, seriously violating minors' personal dignity and physical and psychological health, and having the same social harmfulness as indecent conduct that actually touches a child's body, it shall be found to be the crime of child molestation. The first paragraph of article 9 of the "Supreme People's Court and Supreme People's Procuratorate Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Rape and Indecency with Minors" provides: "Where minors are coerced or tricked into exposing their private body parts or committing obscene acts through online video chats or sending videos or photos, and the provisions of Criminal Law article 237 are met, they are to be convicted and punished as the crime of compulsory indecency or child molestation." "The determination of whether the perpetrator clearly knew that the other party was an underage girl when committing adultery should be comprehensively judged in light of the circumstances of the parties' acquaintance and interactions, and should be strictly grasped, and cannot simply be determined on the basis that the victim did not inform or was wrongly informed that the perpetrator was subjectively unaware.
(3) Strengthen multi-party linkage to promote social governance. While strictly handling cases, procuratorates should thoroughly investigate the causes of the cases and weak links in social governance, urging all parties to implement the duties provided for by law to protect minors, and work together to advance the comprehensive governance of cyberspace, creating a positive online environment for minors, and reducing the risk of being violated.
Case 4
Li X A has a dispute over recourse to Li X B for child support
Support for prosecution
[Basic facts of the case]
Li Moujia, born in 2010, is the son of Li Mouyi and Wang. In 2013, Wang and Li Mouyi divorced by agreement, agreeing that Li Moujia would live with his mother Wang, and his father Li Mouyi would pay 500 yuan per month for living expenses. However, in the nearly 10 years after the divorce, Wang raised Li X A alone and had no fixed income and was in financial difficulty; Li X B had the ability to fulfill the maintenance obligations, but did not pay Li X A child support in accordance with the divorce agreement, nor did he fulfill any other support obligations. Later, Li Moujia sued the court to demand that Li Mouyi pay child support, and the People's Procuratorate of Yingze District, Taiyuan City (hereinafter referred to as the Yingze District Procuratorate) supported the prosecution of the case, and finally the court ruled that Li Mou B should pay Li Mou A a one-time child support of 51,500 yuan from December 2013 to June 2022, and Li Mou B should pay Li Mou A 1,000 yuan per month from July 2022 until he reaches the age of 18.
[Performance of duties by procuratorial organs]
In June 2022, in order to expand the sources of supervision clues and better protect the rights and interests of women and children, the Yingze District Procuratorate set up a procuratorial service window in the Yingze District Conflict and Dispute Mediation Center. In November of the same year, the Yingze District Conflict and Dispute Mediation Center received a report from Li Moujia's mother, Wang, that Li Mou B had the ability to fulfill the obligation to support Li Moujia and refused to fulfill the obligation to support Li Moujia, and transferred the clues to the Yingze District Procuratorate. After the procuratorate accepted the clues, it conducted a visit and investigation around Li Moujia's living environment and family situation, and carried out an assessment of the guardianship status. After investigation, it was found that it was more difficult for Wang to raise his children independently because he had no fixed economic income, and Li Mouyi was an on-the-job employee of a provincial state-owned enterprise with a fixed job and income. After review, the procuratorate found that Li Mouyi had the ability to perform the obligation of support but did not do so, which had infringed upon the lawful rights and interests of the minor Li Moujia. Considering Wang's weak litigation ability, after communicating with Wang and informing him of the legal provisions of the procuratorate to support the prosecution, Wang applied to the procuratorate to assist in collecting relevant evidence and supporting the prosecution in accordance with the law. On November 15, 2022, the Yingze District Procuratorate submitted an opinion in support of the prosecution to the Yingze District People's Court in accordance with the law.
On December 9, 2022, the Yingze District People's Court made a judgment in favor of Li Moujia's litigation claim. After the judgment took effect, Li Mouyi has not performed the obligations determined by the judgment. In response to Li Mouyi's refusal to perform his support obligations and his failure to fulfill his guardianship responsibilities in this case, in order to strengthen family guardianship responsibilities, improve family education capabilities, make up for the lack of fatherly love, and allow Li Moujia to grow up better and healthily, the procuratorate issued a "Supervision and Guardianship Order" to Li Mouyi, clarifying the impact and harm caused by the lack of paternal love on the child's physical and mental health, emotional needs, and life security, and ordering him to reflect on his own problems and perform his support obligations in accordance with the law. Through the procuratorate's explanation of the law and reasoning, supervision and persuasion, Li Mouyi gradually changed his attitude, expressed his willingness to perform his guardianship duties, and reached an agreement with Wang on the payment of alimony in installments.
The Yingze District Procuratorate, together with the District Court and the District Women's Federation, jointly conducted family education guidance for Li Mouyi. On the one hand, awaken their sense of responsibility. In response to Li Mouyi's lack of care for children, help them understand the important impact of parent-child relationships on the growth of minors, and educate and guide them to perform guardianship duties in accordance with law. On the other hand, make up for the lack of roles. In response to Li Moujia's long-term lack of father's love, Li Mouyi was admonished and explained the law reasonably, urging him to strengthen contact with the child, fulfill his obligation to raise him, and take the initiative to repair the broken parent-child relationship. At the same time, guide Li Mouyi and Wang to correctly handle the post-divorce relationship, resolve grievances and contradictions, and convey family warmth to the children. In the follow-up visit, Wang said that Li Mouyi had paid child support on time and in full, and the family's financial difficulties had been alleviated and the relationship between father and son had been restored.
【Typical Significance】
(1) With the help of "information sharing + one-stop window" to broaden the sources of supervision clues and form a joint force for supervision. Procuratorates handling juvenile cases should strengthen their initiative in oversight, giving full play to the bridging role of comprehensive platforms such as the government's multi-mediation center for conflicts and disputes, expanding the sources of leads for minors' rights protection, and building a closed-loop mechanism of "timely acceptance, lawful rights protection, and conflict resolution", to better protect the interests of minors. At the same time, focus on strengthening cohesion and cooperation with the courts in information sharing, research, judgment and consultation, and other such work, providing a "green channel" for the protection of the lawful rights and interests of minors, and promoting the detailed implementation of provisions on the judicial protection of minors.
(2) Through the combination of "support for prosecution + multiple dispute resolution", effectively resolve contradictions, and form a joint force for rights protection. On the one hand, procuratorial organs should help solve the difficult problem of groups with difficulty in litigation by providing legal advice and assisting in the collection of evidence; Repairing damaged family relationships is an important goal, fully explaining the law and reasoning to the defendant, and while protecting rights, it is necessary to let love return to its place, actively track the execution of the case, and do a good job of supporting the "second half" of the prosecution.
(3) Jointly carry out "supervision and guardianship + family education guidance" with multiple departments to form a joint force for protection. In the course of handling cases, carry out "five must-checks" on the minors' family situation, education model, parent-child relationship, guardianship capacity, and growth trajectory, and lawfully draft and issue a "supervision and guardianship order". Attach great importance to efforts to guide family education, employing systematic and targeted measures and means through joint courts, women's federations, and other departments, to change the methods of guardian education, improve family relationships, resolve the problem of the absence of roles for minors' family members, reshape the family support system, and provide strong support for the healthy growth of minors. On the basis of fully accumulating experience in individual cases, actively promote the establishment of long-term effective working mechanisms, so that efforts to guide the family education of minors involved in cases are standardized and develop in a high-quality manner.
Case five
Feng and Li's gift contract dispute protest case
[Basic facts of the case]
He is Feng's husband, and the two have a son and a daughter, and the son is a minor. Since August 2017, He often consumes in the footbathing place, and got acquainted with Li, a woman who is engaged in management work in the footbathing place, and then has an extramarital affair with Li, and Li knows that He has a family and children. From August 2017 to September 2019, He transferred 14 transfers totaling more than 20 yuan to Li through bank cards, and from August 2017 to November 2019, He transferred 278 transfers totaling more than 170,000 yuan to Li through WeChat in order to maintain the relationship between the two. From August 2017 to October 2019, Li transferred a total of more than 90,000 yuan to He through WeChat, and paid more than 50,000 yuan on behalf of He. In January 2020, Feng filed a lawsuit with the People's Court of Xuanhan County, Sichuan Province on the grounds that He's donation of property to Li infringed on his property rights and interests, requesting that He's gift of Li's property during the marriage relationship be invalid, and requiring Li to return the donated property and interest. The Xuanhan County People's Court rejected Feng's litigation claim in the first instance. Feng was dissatisfied with the first-instance judgment and appealed to the Dazhou Intermediate People's Court. The Dazhou Intermediate People's Court held that during the existence of the husband and wife relationship, He violated the duty of fidelity of husband and wife and transferred more than 370,000 yuan to Li, and his property disposal was not recognized by Feng, and the gift was invalid. 50% of the gift money belonged to Feng, and He had no right to dispose of it. He donated 370,000 yuan to Li, and after deducting more than 140,000 yuan transferred from Li to He, the remaining more than 230,000 yuan. 50% of the share of more than 230,000 yuan belongs to Feng, and Li should return it. The second-instance judgment of the Dazhou Intermediate People's Court revoked the first-instance judgment of this case, and Li returned more than 110,000 yuan to Feng and paid interest. Feng was dissatisfied with the second-instance judgment and applied to the Sichuan Provincial High People's Court for a retrial, which was rejected.
[Performance of duties by procuratorial organs]
Feng was dissatisfied with the second-instance judgment and applied to the Dazhou Municipal People's Procuratorate for supervision. After review, the Dazhou Municipal People's Procuratorate found that the gift in this case was invalid and that all the donated property should be returned, and accordingly submitted a procuratorial appeal to the Sichuan Provincial People's Procuratorate. The Sichuan Provincial People's Procuratorate further ascertained the facts of the case by reviewing the original trial file and questioning both parties. Through the search and combing of relevant case judgments, it is found that Jiangsu Province, Beijing Municipality and other regions have issued relevant trial opinions on the issue of whether the gift of one of the husband and wife is partially valid or completely invalid during the existence of the husband and wife relationship, but Sichuan Province has not clearly stipulated, and the standards of adjudication for the handling of such cases in judicial practice are different. The Sichuan Provincial Procuratorate communicated with the Sichuan Provincial High People's Court, comprehensively considered the value orientation of the case, and further clarified the necessity of the application of law and supervision in this case.
The Sichuan Provincial People's Procuratorate, based on the facts and evidence ascertained by the review, held that: First, the donation involved in the case was an invalid civil act, and its legal consequence should be the return of all the property, and the final judgment was partially returned, which was indeed an error in the application of law. Second, the final judgment partially returned the donated property, directly dividing the joint property of the husband and wife, and exceeded the litigation claims of the parties. Third, the final judgment indirectly recognized the gift that violated good customs, harmed the property rights and interests of the non-at-fault party of the husband and wife, and was inconsistent with the core values of honesty and fairness. On May 23, 2022, the Sichuan Provincial People's Procuratorate filed a protest with the Sichuan Provincial High People's Court.
The Sichuan Provincial High People's Court adopted the procuratorate's protest opinion in the retrial, and made a civil judgment on October 31, 2022, changing the judgment to Li to return more than 230,000 yuan to Feng (that is, transferring more than 370,000 yuan and deducting more than 140,000 yuan from Li's advance) and paying interest.
【Typical Significance】
(1) In handling cases, the procuratorate should comprehensively analyze and determine the effectiveness of the gift in light of the law's provisions on the equal right to dispose of property, the actor's subjective state of mind, and whether it violates the principles of public order and good customs. In this case, Mr. He's gift of property to a third party, Mr. Li, was intended to maintain an extramarital affair, and the gift not only violated the right of equal disposal of property between husband and wife, but also violated the principle of public order and good customs, and should be found to be invalid. Article 157 of the Civil Code of the People's Republic of China clearly stipulates that property acquired on the basis of invalid acts shall be returned. The procuratorial organs supervise the effective judgments in accordance with the law, and promote the court's retrial to confirm the invalidity of the gift for the purpose of maintaining the extramarital affair through prosecutorial counter-appeals, and change the judgment to the third party to return all the donated property, which not only protects the lawful rights and interests of the innocent party and minor children in the husband and wife relationship, but also promotes the unification of adjudication standards between the provincial and provincial courts on the basis of correcting individual cases, ensuring equality and uniformity in the application of law, and safeguarding judicial authority.
(2) Procuratorates shall accurately grasp the legislative spirit of the Civil Code, and guide the establishment of positive family ethics and family style through oversight and correction. In order to better promote family virtues and embody the core values of socialism, Article 1043 of the Civil Code of the People's Republic of China stipulates that "families shall establish a good family style, promote family virtues, and attach importance to the construction of family civilization". Procuratorial organs should profoundly understand the legislative purpose and spirit of the Civil Code, and cultivate and practice the Core Socialist Values in the course of supervising and handling cases. In this case, Li accepted the gift of property based on an extramarital affair, and if he supported the validity of part of the gift, it would in essence deny the attribute of the joint property of the husband and wife as an indivisible whole, and would form a wrong orientation in society that whoever controls and controls the joint property of the husband and wife can divide the property at will, which is contrary to the value orientation of the loyalty of the husband and wife. Through the supervision of procuratorial counter-appeals, the procuratorial organs give negative evaluations to third parties who intervene in marriage and make profits from it, guiding society to form a correct view of marriage, money, and family, and promoting the development of good family ethics and family customs in society.
Case 6
Case of supporting prosecution of a dispute between Ba X A and Ba X B, Ba X C and others over the right to contract and operate rural land
[Basic facts of the case]
Ba Moujia (female) was originally a villager in a village in A Town, Tacheng City, Xinjiang Uygur Autonomous Region. In 1999, Ba Moujia participated in land distribution as a villager in a village in A Town, Tacheng City, and was given 30 acres of "ration land" in his mother's house. In 2009, Ba Moujia married into a village in B Town, Tacheng City, and his household registration also moved into the village. A village in Town B of Tacheng City did not allocate land to Ba Moujia, and Ba Moujia's husband did not have "ration land". Ba Moujia's family of three is a low-income household in the village, and they mainly rely on their husbands to go out to do odd jobs to make a living, and their lives are difficult. Since 2009, Ba Moujia has repeatedly gone to his mother's house to ask for the land contracting and management rights of 30 acres of "ration land" that he has obtained in a village in A Town, Tacheng City, and his mother's family members Ba Mou B and Ba Mou C have refused to return it on the grounds that they are married. Ba Moujia reported to the Tacheng Town A town government, village committee and other departments that there was no result after the coordination of the above-mentioned departments.
[Performance of duties by procuratorial organs]
Ba Moujia applied to the Tacheng City People's Procuratorate of the Xinjiang Uygur Autonomous Region (hereinafter referred to as the Tacheng City Procuratorate) to support the prosecution. The Tacheng City Procuratorate believes that Ba Moujia's 30 acres of ration land have been occupied by his mother's family members Ba Mou B, Ba Mou C and others for a long time, resulting in the infringement of his legitimate rights and interests, because Ba Mou A's low level of education, living difficulties, and weak ability to use the national common language to conduct litigation, although he currently has the willingness to sue and defend his rights, but his litigation ability is weak, and it is indeed difficult to file a lawsuit, and his application to support the prosecution should be accepted in accordance with the law.
After the procuratorate accepted the case, it went to a village in A Town, Tacheng City, where Ba Moujia's mother's home was located, to carry out investigation and verification. The procurator obtained the 1999 contract for the rural land management right of Ba Moujia's mother's family, visited Ba Moujia's mother's house on the spot, and held discussions with the land management department and the village "two committees" of Town A many times. After investigation, it was ascertained that in 1999, the government of A town in Tacheng City issued a rural land contract management certificate to seven members of Ba Moujia's mother's family, of which Ba Moujia's "ration land" was 30 acres. After Ba Moujia got married, the land was occupied and operated by his maiden brother. After verification, Ba Moujia and her husband did not have a "ration land" in a village in B Town, Tacheng City. On the basis of the provisions of the "Legal Aid Law of the People's Republic of China", procurators are to coordinate legal aid institutions to provide legal aid lawyers, hear the opinions of Ba X A and his legal aid lawyer, and conduct discussions on issues related to the case and make recommendations.
After examination, the Tacheng City Procuratorate found that in accordance with the "Law of the People's Republic of China on Rural Land Contracting", the "Law of the People's Republic of China on the Protection of Women's Rights and Interests" and other relevant laws and regulations, if a woman marries during the period of rural land contract and does not obtain the contracted land in her new place of residence, her original contracted land shall not be recovered, and the right to contract and manage rural women's land will not be lost due to marriage or relocation between rural economic organizations. Although Ba Moujia moved out of his household registration, he did not get a "ration land" in his husband's family, and enjoyed rights and interests in his mother's original ration land in accordance with the law. Since 2009, Ba Moujia's mother's family has occupied Ba Moujia's "ration land" without compensation, infringing on Ba Moujia's legitimate rights and interests, and making Ba Moujia's already poor life even more embarrassing. On February 24, 2023, the Tacheng City Procuratorate issued a written opinion in support of the prosecution in accordance with the law, supporting Ba Moujia to file a civil lawsuit, and requesting the Tacheng People's Court to order Ba Mou B, Ba Mou C and others to return the land contract fee of 48,300 yuan.
After the Tacheng City Procuratorate supported Ba Moujia to file a lawsuit, it actively connected with the court and assisted Ba Moujia in applying for exemption from case acceptance fees, etc., so that the two courts could make full use of the model of "supporting prosecution + pre-trial mediation" to quickly file a trial. During the pre-trial mediation, the prosecutor and the judge explained the law and reasoned, and Ba Mou B, Ba Mou C and others realized the illegality of their own actions, and finally the two parties reached a mediation agreement on matters such as the return of the 13-year land contract fee and the subsequent collection of the land contract fee. On February 26, 2023, the Tacheng Municipal People's Court issued a civil mediation document: 1. Ba Mou B, Ba Mou C and others paid a one-time land contract fee of 48,300 yuan to Ba Mou A;
【Typical Significance】
(1) Give full play to the role of civil support for prosecution, and safeguard the lawful rights and interests of vulnerable groups of women. The value of the system of supporting litigation lies in the realization of substantive equality of the litigation status and litigation rights of the parties. Rural women's lawful rights and interests in areas such as rural land contract management rights, collective economic income distribution, and homestead use rights are more likely to be infringed upon, and in the course of performing their duties, procuratorial organs should truly give full play to the advantages of the civil support prosecution system, closely centering on the legally-prescribed requirements for prosecution, carrying out investigations and verifications, and comprehensively using the provision of legal advice, assisting in the collection of evidence, submitting opinions in support of prosecution, and coordinating the provision of legal aid. Assist in applying for exemption from case acceptance fees and other methods to provide assistance to special groups in suing and protecting their rights, employing a variety of measures such as sending personnel to participate in mediation presided over by the people's courts, strengthening the interpretation of the law and reasoning, and clearing channels for judicial remedies, so that women who do not know, dare not, or are not good at defending their rights through litigation feel the warmth of the rule of law, resolve the problems of women's groups, and fully protect the lawful rights and interests of rural women in accordance with law.
(2) Do a good job in the second half of legal supervision, and work together to promote social governance. The report of the 20th National Congress of the Communist Party of China emphasized that "adhere to the basic national policy of equality between men and women and protect the legitimate rights and interests of women and children", fully demonstrating that the Party Central Committee attaches great importance to the development of women and children. Affected by factors such as unbalanced economic and social development and lack of legal knowledge, the problem of infringement of women's rights and interests is frequent and frequent. Procuratorial organs should persist in actively performing their duties in accordance with the law, through assistance and cooperation with women's federations, civil affairs, and other relevant departments, giving full play to the advantages of multi-departmental linkage, employing methods such as strengthening popular legal education and encouraging women to dare to use the weapon of the law to protect their own lawful rights and interests, to make the second half of legal supervision practical, detailed, and in-depth, and transform case handling into social governance effectiveness.
Case 7
Yu v. the People's Government of a Town in Jinghong City, Yunnan Province, a case of revocation of marriage registration and procuratorial supervision
[Basic facts of the case]
At the end of 2022, Yu, a woman from a town in Jinghong City, Yunnan Province, found that her citizenship number had been used by others for marriage registration on October 17, 2005, when she checked her marriage file. After many inquiries, it was learned that because the man from the neighboring village and the foreign woman Jie did not meet the conditions for transnational marriage registration, Jie fraudulently used Yu's identity to register a marriage with Xian. After discovering this situation, Yu immediately applied to the people's government of a town in Jinghong City to revoke the marriage registration, but the marriage registration authority did not revoke the marriage registration because it did not meet the circumstances for revoking the marriage registration. In January 2023, Yu sued the People's Court of Jinghong City, Yunnan Province, requesting the revocation of the erroneous marriage registration, and the court believed that it had exceeded the time limit prescribed by law for filing a lawsuit, so it ruled not to file the case. After the first-instance ruling took effect, Yu applied for a retrial, which was rejected again.
[Performance of duties by procuratorial organs]
Dissatisfied with the court's ruling rejecting the application for retrial, Yu applied to the People's Procuratorate of Jinghong City, Yunnan Province (hereinafter referred to as the Jinghong City Procuratorate) for procuratorial supervision. After accepting Yu's application for supervision, the procuratorate carried out an investigation and verification. The first is to read the court's litigation files, conduct a comprehensive review of the court's trial activities, and understand the background of the case. The second is to retrieve the marriage registration file involved in the case, and find that the citizenship number of the woman's resident ID card and permanent resident registration card retained in the file are the same as Yu's, and there may be a situation of fraudulently obtaining a resident identity card. Immediately investigated and verified with the resident identity card issuing authority, and found that on May 25, 2005, Jie submitted his own bareheaded photo to the issuing authority in the name of Yu to apply for a resident identity card, and the issuing authority did not strictly review it, and issued him a resident ID card with a photo of Jie with a bareheaded photo and identity information from Yu. The third is to verify the facts of the case with the parties. Xian and Jie admitted that because they did not meet the conditions for cross-border marriage registration, Jie fraudulently used Yu's identity to fraudulently obtain a resident identity card, and then used the identity card to register a marriage with Xian.
In order to further clarify the facts of the case and resolve the dispute, the Jinghong Municipal Procuratorate organized the Civil Affairs Bureau, the Municipal Public Security Bureau, and Yu, Jie, and Xian to hold a public hearing on the case at the people's government of a certain town, focusing on whether it was appropriate for the people's court not to file the case and whether the marriage registration should be revoked. The hearing officer found that there was indeed an error in the registration of the marriage involved in the case and that it should be revoked. At the hearing, Yu and the people's government of a certain town both expressed their willingness to reach a settlement.
After examination, the Jinghong City Procuratorate held that the prosecution of this case had exceeded the time limit prescribed by law, and the court's ruling not to file the case was not improper. The civil affairs department is the competent organ for handling marriage registration, and the people's government of a certain town is the specific organ for handling marriage registration, and shall supervise, inspect, and correct problems that arise in marriage registration. The Jinghong City Procuratorate submitted a procuratorial proposal to the two departments to revoke the erroneous marriage registration, urging them to correct their illegal acts and improve their work. Both departments adopted the procuratorial recommendations, coordinated the revocation of the marriage registration involved in the case, carried out self-examination and rectification, formulated a training system for marriage registration administrators, and a publicity plan for foreign-related marriages, strengthened the management of border people's marriages, and equipped them with information-based intelligent equipment to accurately screen false information in marriage registration information.
In order to protect citizens' personal information in accordance with the law and crack down on the fraudulent acquisition of resident identity cards, the Jinghong Municipal Procuratorate held a joint meeting of inter-departmental prosecutors of administrative prosecution and criminal prosecution to analyze and judge Jie's fraudulent use of Yu's identity information to fraudulently obtain a resident identity card in this case. Article 17 of the Law of the People's Republic of China on Resident Identity Cards stipulates that the corresponding administrative responsibility shall be borne. At the same time, the Jinghong Municipal Procuratorate and the Municipal Public Security Bureau held several discussions to exchange views and form a consensus on issues such as failure to review in accordance with regulations, issuance of resident identity cards in violation of procedures, and false grasp of the basic information of foreigners. In this regard, a procuratorial suggestion was made to the Municipal Public Security Bureau to deal with Jie's fraudulent acquisition of a resident identity card, standardize the issuance procedures of the resident identity card, and strengthen the control of foreign personnel. The Municipal Public Security Bureau adopted the content of the above-mentioned procuratorial recommendations, imposed an administrative punishment on Jie, organized training and study on household registration operations, and strengthened the dynamic control of foreign personnel through the establishment of foreign personnel's personal files and regular visits.
In the process of dispute resolution, in response to Yu's request for Jie to bear the various expenses incurred by him due to the litigation, the procuratorate actively facilitated the two parties to negotiate, and finally the two parties reached a settlement and completed the performance on the spot.
【Typical Significance】
As an important carrier for the legalization of the relationship between husband and wife, marriage registration has the dual attribute of confirming the relationship between person and property, and is closely related to people's livelihood. The fraudulent use of women's identity information for marriage registration not only affects the normal order of marriage registration, but also infringes on the personality rights and interests of the impersonated person, such as the right to name and personal information. In 2021, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, and the Ministry of Civil Affairs jointly issued the "Guiding Opinions on Properly Handling the Issue of Handling Marriage Registration by Impersonation or Fraud", which stipulates that the people's procuratorate shall carry out investigation and verification in accordance with the law when handling administrative litigation supervision cases of impersonation or falsification of marriage registration by parties. On the basis of the actual circumstances of the case, work on the substantive resolution of administrative disputes may be carried out. Where it is discovered that relevant individuals are suspected of committing crimes, leads shall be transferred in accordance with law, and supervision shall be made to file and investigate the case. Where, on the basis of investigation, verification, and oversight, the people's procuratorate finds that there is an error in the marriage registration and should be revoked, it shall promptly send a written procuratorial recommendation to the civil affairs department. In practice, administrative lawsuits initiated by impersonated women who have gone through marriage registration are often not filed or rejected by the court because the time limit for filing a lawsuit has expired, and the parties are unable to achieve their legitimate demands through litigation. Where the time limit for initiating litigation has indeed been exceeded, the procuratorate shall carry out efforts to substantively resolve administrative disputes, and urge the marriage registration organs to revoke the erroneous marriage registration through the formulation and issuance of procuratorial recommendations, so that administrative disputes and civil disputes can be properly resolved.
Case 8
The People's Procuratorate of Yiwu City, Zhejiang Province, supervised and urged the rectification of administrative public interest litigation cases involving infringement of women's rights and interests in the entertainment industry such as e-sports scripts
[Basic facts of the case]
In order to promote services such as "maid kneeling service" and "maid assistant teaching assistant", a number of entertainment business enterprises in Yiwu City, Zhejiang Province, published advertisements containing vulgar content such as dwarfing women's status and belittling and damaging women's personal dignity through posters, flyers, online short videos, etc., and some online short videos have been read more than 5 million, causing a negative social impact. Some enterprises provide services such as game teaching assistants to play with them, but fail to take reasonable measures to prevent and stop sexual harassment in accordance with the law.
[Performance of duties by procuratorial organs]
In March 2023, the People's Procuratorate of Yiwu City, Zhejiang Province (hereinafter referred to as the Yiwu Municipal Procuratorate) found clues in this case in the handling of a criminal case of sexual assault and filed it as an administrative public interest lawsuit. The Yiwu Municipal Procuratorate found out through online platform retrieval, retention of fixed videos, on-site visits, etc., that a number of e-sports scripted entertainment business enterprises in the city published advertisements such as "maid assistant teaching assistants to play" through mass media, promoting kneeling to serve tea and pour water, feeding, pinching back, bending down and shouting "welcome home" and other servant services, belittling and damaging women's personal dignity. Some enterprises provide services such as game teaching assistants to play with them, but have not established corresponding systems and measures to prevent and stop sexual harassment, and the legitimate rights and interests of female employees, such as personal safety, are vulnerable to illegal infringement. The above-mentioned acts violated the "Civil Code of the People's Republic of China", the "Law of the People's Republic of China on the Protection of Women's Rights and Interests", the "Advertising Law of the People's Republic of China", the "Measures for the Administration of Internet Advertising", the "Regulations on the Administration of Entertainment Venues" and other relevant provisions, infringing on the lawful rights and interests of women and harming the public interest.
Because the case involves new situations and new issues in the protection of women's rights and interests in the field of new business forms, the procuratorial organs at the Jinhua and Yiwu levels jointly organized an expert discussion meeting with the Women's Federation on August 16, 2023, to fully listen to the opinions of relevant experts and scholars. On September 7 of the same year, the procuratorate held a public hearing, inviting the Women's Federation, cultural tourism, market supervision, public security and other departments, as well as deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, volunteers of "Benefiting the Public Interest", and people's supervisors to participate. The hearing examiners unanimously found that the relevant entertainment business enterprises published vulgar advertisements such as "maid kneeling service" through the mass media, belittling and harming women's personality, violating good social customs, and providing game assistant teaching services that did not implement the obligation to prevent and stop sexual harassment in accordance with the law, infringing on the legitimate rights and interests of women. On October 19 of the same year, the Yiwu Municipal Procuratorate issued a pre-trial procuratorial recommendation to the market supervision department and the cultural and tourism department, suggesting that the market supervision department investigate and deal with illegal advertising behaviors that detract from women's personal dignity and violate good social customs, and order corrections; Order corrections, strengthen compliance supervision of entertainment business activities, guide the establishment of corresponding systems and measures to prevent and stop sexual harassment, and jointly carry out special governance of the industry, and establish a long-term mechanism for coordinated supervision. At the same time, the Yiwu Municipal Procuratorate suggested to the Yiwu Municipal Public Security Bureau to strengthen the public security management of the cultural and entertainment venues involved in the case to prevent the game assistant teaching service from evolving into paid escorts and other illegal acts.
After receiving the procuratorial suggestions, all departments attach great importance to them, and actively promote rectification in combination with their respective functions. The market regulation department filed a case to investigate and deal with 2 cases of illegal advertising involved in the case, ordered enterprises to destroy or remove relevant advertisements, and carried out special rectification of online vulgar advertisements such as infringement of women's rights and interests, inspecting more than 800 business entities of all kinds, investigating and handling 28 illegal and vulgar advertisements involving the Internet, fining and confiscating more than 190,000 yuan, destroying more than 500 illegal advertisements, revoking 23 lightbox advertisements, and removing 22 short videos. The department of culture and tourism, together with the public security, women's federation and other units, interviewed the four enterprises, ordered them to stop relevant illegal business activities, guided the establishment of system measures to prevent and stop sexual harassment for game teaching assistants, and urged 12 enterprises to complete the filing and registration, and shut down 3 establishments that did not meet the requirements for opening a business. Public security organs have carried out special actions on public security management, banning and rectifying acts such as scripted entertainment venues providing banquets and accompanying alcohol.
On November 24, 2023, the Yiwu Municipal Procuratorate invited the Women's Federation and volunteers of "Benefiting the Public" to follow up and supervise the rectification, and the relevant illegal advertisements have been taken off the shelves, and the relevant enterprises have standardized the service items and established a system for eliminating sexual harassment in the workplace. At the same time, the Yiwu Municipal Procuratorate promoted comprehensive governance through case-by-case handling, and issued the "Implementation Opinions on Promoting the Healthy Development of the Entertainment Industry such as E-sports Scripts" and the "Guidelines for the Compliance Management of the Emerging Cultural and Entertainment Industry in Yiwu City" in conjunction with the Women's Federation, cultural tourism, market supervision, public security, housing and construction and other departments, to promote the establishment of a long-term mechanism, promote industry compliance, and form a joint force to maintain the order of the cultural market.
【Typical Significance】
(1) In response to situations where business operators deliberately dwarf women's status and engage in vulgar advertising and marketing, the procuratorates are to use public interest litigation to supervise and protect women's personality rights and interests. Relevant entertainment business enterprises deliberately dwarf the status of women and conduct vulgar marketing, which not only violates public order and good customs, but also touches the bottom line of the law and infringes on the personality rights and interests of unspecified women. Through expert argumentation and public hearings, procuratorates are to conduct full argumentation on whether it constitutes an infringement of the societal public interest and the necessity of oversight, and use public interest litigation to handle cases to urge the correction of illegal conduct, and truly protect women's personality rights and interests.
(2) In view of the problems existing in the development of new forms of business in the cultural and entertainment industry, promote the coordinated performance of duties by relevant departments to form a joint regulatory force. The emerging entertainment industry, represented by e-sports scripts, has developed rapidly, and has spawned e-sports teaching assistants, game companions and other formats. Due to the unclear ownership of the industry, the imperfect management and control system, and the lack of administrative supervision, problems such as violations of public order and good customs and infringement of women's rights and interests have occurred in the process of self-management and self-management. Procuratorates give full play to the role of public interest litigation functions, using "self-management" to promote "all management", strengthening linkage and cooperation with women's federation organizations, urging multiple administrative organs to perform their duties in accordance with law, and forming a joint force for the protection of women's rights and interests. In the process of handling cases, we will simultaneously promote the construction of industry compliance, promote industry self-discipline and systematic governance, and provide a good legal environment for the standardized development of the emerging cultural and entertainment industry.
Case 9
The People's Procuratorate of Shenzhen City, Guangdong Province, supervised and regulated the construction standards for male and female toilets in public toilets
[Basic facts of the case]
The ratio of female toilets to male toilets in some public toilets in Shenzhen, Guangdong Province does not meet the industry standards of the Ministry of Housing and Urban-Rural Development and the local standards of Shenzhen, which violates the provisions of the local government regulations of Shenzhen, resulting in long queues for women's toilets in crowded places, and the barrier-free facilities of public toilets also do not meet the construction standards, which infringes on the legitimate rights and interests of specific groups such as women and the disabled, and harms the public interest.
[Performance of duties by procuratorial organs]
In June 2023, the People's Procuratorate of Shenzhen Municipality, Guangdong Province (hereinafter referred to as the Shenzhen Municipal Procuratorate) filed a case according to the clues reflected by the volunteers of "Benefiting the Public", relying on the advantages of the multi-faceted distribution of volunteers, and issued a QR code questionnaire through the volunteer group to investigate 90 public toilets in various districts of the city. After investigation, it was found that according to the provisions of the "Shenzhen Public Toilet Management Measures", the planning and design of public toilets should comply with the relevant national technical standards. However, the average ratio of female to male toilets in public toilets in parks, rail transit stations, shopping malls, tourist attractions, hospitals and other crowded places in Shenzhen is 0.99:1, which does not meet the construction requirements of "the ratio of female toilets to male toilets in densely populated places should not be less than 2:1 and 3:2 in other places" stipulated in the "Design Standards for Urban Public Toilets" of the Ministry of Housing and Urban-Rural Development, resulting in the widespread queuing of women's toilets. At the same time, the construction of barrier-free facilities inside public toilets is not standardized, which also affects the normal use of specific groups such as the disabled.
On August 29, 2023, the Shenzhen Municipal Procuratorate held a public hearing, inviting deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, volunteers of "Benefiting the Public Interest" and representatives of the Shenzhen Women's Federation to attend the meeting. After deliberation, the hearing officers unanimously agreed that the existing ratio of male to female toilets in public toilets in Shenzhen and the construction of barrier-free facilities did not meet the standards, harming the legitimate rights and interests of specific groups such as women and the disabled, and the administrative departments should further fully perform their duties. On September 20 of the same year, the Shenzhen Municipal Procuratorate issued a pre-trial procuratorial recommendation to the Shenzhen Municipal Bureau of Urban Management and Comprehensive Law Enforcement (hereinafter referred to as the Municipal Urban Management Bureau), suggesting that it fully perform its regulatory duties on public toilets in accordance with the law, supervise the construction and management of public toilets in the city, and strictly implement relevant regulations;
After receiving the procuratorial suggestion, the Municipal Urban Management Bureau attached great importance to it and carried out rectification work in an all-round way. The first is to strictly implement the relevant norms for the city's new reconstruction and expansion of municipal public toilets, during the rectification period, the city's new reconstruction and expansion of public toilets a total of 80, including 18 new public toilets, the ratio of female to male toilets is 2:1, and in some areas of the new public toilets when the trial tide public toilets; 62 public toilets have been renovated and expanded, and the ratio of female to male toilets has been increased to 1.62:1; the second is to comprehensively investigate the existing 1482 municipal public toilets, The third is to investigate and sort out the problems of non-standard construction of barrier-free facilities in public toilets one by one, adjust the door opening direction of barrier-free toilets that do not meet the standards, and add barrier-free facilities such as handrails, emergency call buttons, and low-level coat hooks.
In order to solve the problem of substandard construction of public toilets in public buildings from the source, on November 3, 2023, the Shenzhen Municipal Procuratorate decided to file a case and issued a consultation opinion to the Shenzhen Municipal Bureau of Planning and Natural Resources (hereinafter referred to as the Municipal Planning and Natural Resources Bureau), urging the bureau not to issue a planning permit for construction projects if the planning and design documents of construction projects do not meet the requirements of public toilet construction specifications. On November 15 of the same year, the Shenzhen Municipal Procuratorate organized the Municipal Urban Management Bureau, the Municipal Planning and Self-Administration Bureau, the Municipal Housing and Construction Bureau, the Municipal Urban Renewal Bureau and other administrative organs to hold a consultation meeting, and invited deputies to the National People's Congress, people's supervisors, volunteers of "Benefiting the Public", the Municipal Women's Federation, and the Municipal Disabled Persons' Federation responsible comrades to participate. After consultations, the administrative organs reached a consensus on accelerating the revision of Shenzhen's "Code for the Construction of Public Toilets" and promoting the standardization of public toilet construction. After the meeting, the Municipal Planning Bureau issued the "Notice on Strengthening the Planning and Design Management of Urban Public Toilets", requiring that the public toilets included in the new public buildings should be implemented in accordance with the Ministry of Housing and Urban-Rural Development's "Urban Public Toilet Design Standards".
【Typical Significance】
(1) The optimization of the toilet ratio is not only an important measure to solve the problem of queuing in women's toilets, but also an important embodiment of improving the public facilities guarantee system and promoting gender equality, which involves social and public interests. The Law of the People's Republic of China on the Protection of Women's Rights and Interests clearly stipulates that the special needs of women should be taken into account, and public toilets and other public facilities should be equipped to meet women's needs. Focusing on the small incision of the ratio of male and female toilets, the procuratorate urged the relevant functional departments to reach a consensus on rectification in planning, design, acceptance, and management through administrative public interest litigation in accordance with relevant legal provisions and construction standards involved in local government regulations, so as to promote the comprehensive management and source management of the problem of queuing in women's toilets, help build a fairer social environment, and effectively improve women's sense of gain and happiness in their daily lives.
(2) Actively leverage public interest volunteers to increase the quality and efficiency of public interest litigation case handling. In the investigation work, relying on the advantages of the multi-faceted distribution of volunteers, the two-dimensional code questionnaire was issued through the volunteer group, and the construction and management of a total of 90 public toilets in various districts of the city were investigated, helping the procuratorate to form an objective investigation conclusion. At the consultation meeting, volunteers actively expressed their opinions based on their own participation in the investigation, and participated in the follow-up and supervision of the procuratorate during the implementation of rectification and reform, which effectively improved the quality and efficiency of the procuratorial public interest litigation case, and formed a new pattern of public interest protection of "multi-party participation, co-governance and sharing".
Case 10
The People's Procuratorate of Yongning District, Nanning City, Guangxi Zhuang Autonomous Region, supervised the protection of the special rights and interests of female employees in the "third phase" administrative public interest litigation case
[Basic facts of the case]
Some employers in Yongning District, Nanning City, Guangxi Zhuang Autonomous Region, have failed to implement laws, regulations, and policies on special labor protection for female employees in accordance with the law, including failing to sign labor contracts with female employees in accordance with the law, dismissing female employees during pregnancy and breastfeeding, unilaterally adjusting the jobs of pregnant and lactating female employees and reducing their wages and benefits, and failing to extend the expiration of contracts to some female employees during pregnancy and lactation until the end of the corresponding circumstances in accordance with the law, which seriously harms the special rights and interests of female employees.
[Performance of duties by procuratorial organs]
On March 24, 2023, the People's Procuratorate of Yongning District, Nanning City, Guangxi Zhuang Autonomous Region (hereinafter referred to as the Yongning District Procuratorate) discovered clues in this case through the 12345 government affairs hotline platform and filed a case for administrative public interest litigation. After retrieving similar information through big data and visiting female employees and employers on the spot, the procuratorate found that some employers in the jurisdiction had violated the special rights and interests of female employees during the "pregnancy, childbirth, and lactation periods" (hereinafter referred to as the "third period"). Subsequently, the Yongning District Procuratorate accurately verified the protection of the special rights and interests of female employees in the "third phase" of the jurisdiction through various methods such as "targeted questionnaire + complaint work order review + rights protection case review". After investigation, it was found that the 9 household units did not strictly implement the "Labor Law of the People's Republic of China", "Labor Contract Law of the People's Republic of China", "Law of the People's Republic of China on the Protection of Women's Rights and Interests", "Special Provisions on the Labor Protection of Female Employees" and other laws and regulations, infringing on the special rights and interests of many female employees.
On November 2, 2023, the Yongning District Procuratorate organized a public hearing, inviting people's supervisors, women's federation organizations, and female employee representatives to participate in the meeting for supervision and demonstration. The hearing officers unanimously agreed that the procuratorate should urge the Yongning District Human Resources and Social Security Bureau (hereinafter referred to as the Yongning District Human Resources and Social Security Bureau) to fully perform its duties in accordance with the law. On the same day, the Yongning District Procuratorate publicly delivered a procuratorial proposal to the Yongning District Human Resources and Social Security Bureau, suggesting that the bureau strengthen its supervisory responsibilities, urge the enterprises involved in the case to strictly implement the laws and regulations on special labor protection for female employees, and effectively protect the special rights and interests of female employees.
After receiving the procuratorial suggestions, the Yongning District Human Resources and Social Security Bureau actively rectified the situation, interviewed and urged the enterprises involved in the case to protect the rights and interests of female employees in accordance with the law, and safeguarded the special rights and interests of female employees through various methods such as setting up a special window for female employees to protect their rights and interests and including the protection of the special rights and interests of female employees in the scope of daily inspections and inspections. At present, it has successfully helped more than 50 female employees to return to work, and guided and assisted more than 10 female employees to receive more than 250,000 yuan in overtime pay and double wages.
On November 24, 2023, the Yongning District Procuratorate, together with the District People's Court, the Public Security Bureau, the Justice Bureau, the Human Resources and Social Security Bureau, the Federation of Trade Unions, and the Women's Federation, jointly issued the "Implementation Opinions on Strengthening Coordination in the Work of Safeguarding Women's Rights and Interests", giving full play to the functions and roles of various departments, realizing the connection between professional case handling and socialized protection, and providing all-round protection for women's legitimate rights and interests. At the same time, all units jointly carried out "online + offline" publicity, and carried out on-site publicity and public service advertisements for public service advertisements for the protection of the special rights and interests of female employees in hospitals, textile factories, supermarkets and other employers with a high concentration of female employees, so as to effectively create a good environment for protecting the special rights and interests of female employees in the jurisdiction.
【Typical Significance】
(1) Procuratorates use public interest litigation to supervise and protect the rights and interests of female employees during pregnancy, childbirth, and lactation, providing strong legal safeguards for the comprehensive and equal development of female employees. The Law on the Protection of Rights and Interests of Women clearly stipulates that employers shall not reduce the wages and benefits of female employees, dismiss female employees, or unilaterally terminate labor (employment) contracts or service agreements due to marriage, pregnancy, maternity leave, breastfeeding, etc. The Special Provisions on Labor Protection for Female Employees also clearly require that an employer shall not reduce the wages of female employees, dismiss them, or terminate their labor or employment contracts because of their pregnancy, childbirth, or breastfeeding. In response to employers' illegal acts of infringing on the special rights and interests of female employees in the "third phase", the procuratorial organs have given full play to their public interest litigation procuratorial functions, comprehensively ascertaining the facts of the case through methods such as on-site investigations, issuing questionnaires, and convening hearings, urging administrative organs to perform their duties in accordance with law, and building a solid legal barrier for the protection of the rights and interests of female employees.
(2) Actively perform their duties in accordance with law to promote the governance of litigation sources, and promote the formation of a coordinated and co-governance work pattern in which procuratorates, administrative law enforcement organs, women's federations, trade unions, and other departments jointly protect the special rights and interests of female employees. In the course of performing their duties, procuratorial organs actively give play to their procuratorial functions, actively strengthen communication and cooperation with departments such as human resources and social security, women's federations, and trade unions, promote the establishment of a multi-functional department linkage and coordination mechanism, and form a work pattern in which multiple entities work together to protect the special rights and interests of female employees, embodying the unique institutional value of public interest litigation procuratorates in gathering the joint efforts of all parties and promoting systematic governance, and truly enhancing the sense of gain, happiness, and security of the majority of women.
Case 11
The People's Procuratorate of Rizhao Economic and Technological Development Zone, Shandong Province, supervised and urged the rectification of administrative public interest litigation cases in which village rules and conventions infringed on women's rights and interests
[Basic facts of the case]
In the village rules and people's covenants formulated by the villagers' meetings of villages A and B in a sub-district of Rizhao City, Shandong Province, it is stipulated that once a woman in her village gets married, she no longer enjoys the same rights and interests as other villagers in the village collective economic distribution. For example, it is stipulated that "if a young woman in her village marries a young man from another village, all benefits will be cancelled from the date of obtaining the marriage certificate, and the village shall persuade her to move out of her household registration.
[Performance of duties by procuratorial organs]
In February 2023, the People's Procuratorate of Rizhao Economic and Technological Development Zone, Shandong Province (hereinafter referred to as the Economic Development Zone Procuratorate) received clues from the public that village rules and conventions infringed on women's rights and interests, and filed a case for investigation. Through obtaining the village rules and civil agreements of 45 administrative villages that had been filed in a certain sub-district in accordance with the law, and visiting local villagers on the spot, it was found that the village rules and civil agreements of some administrative villages stipulate that married women shall not enjoy the same treatment as villagers such as the distribution of contracted land, homestead land resettlement, and collective income distribution, and that there are many married women and children involved.
After review, the procuratorate of the Economic Development Zone believes that the township people's government and the sub-district office have the responsibility of guiding, supervising, and managing the formulation and revision of village rules and contracts, and shall review whether the content of the application for filing of village rules and contracts violates laws and regulations. The sub-district office shall undertake the administrative functions of the former township people's government within the scope of its jurisdiction, and shall have the statutory duty to supervise and correct the illegal self-government acts of the villagers' committees within its jurisdiction. A sub-district office failed to fulfill its duty to review the illegal provisions of the village rules and civil covenants filed with it regarding the unequal treatment of "women married outside the home" and men in the village, harming the legitimate rights and interests of many rural women and infringing on the public interest.
On February 3, 2023, in accordance with the "Law of the People's Republic of China on the Protection of Women's Rights and Interests", the "Organic Law of the People's Republic of China on Villagers' Committees" and other provisions, the procuratorate of the Economic Development Zone formulated and issued a pre-trial procuratorial recommendation to a sub-district office, recommending that it order corrections in accordance with the law on the content of the village rules and contracts under its jurisdiction that violates the provisions of the law and infringes on the lawful rights and interests of rural women.
After receiving the procuratorial suggestion, a sub-district office immediately issued a "Notice on Rectifying Non-Compliant Village Rules and Civil Agreements", ordering the villagers' committee involved in the case to correct a total of 252 articles in the village rules and civil covenants formulated by the sub-district that contained illegal content such as infringing on women's rights and interests. On March 7, 2023, the procuratorate followed up and found that all the villagers' committees involved in the case had completed the collection of opinions on the revision of the village rules and civil covenants and the rectification of the content in accordance with the procedures, deleted the clauses that infringed on women's rights and interests, and added clauses on the protection of women's rights and interests such as "women shall not be infringed upon on the grounds that women are unmarried, married, divorced, widowed, or have no male in the household", and 147 rural women who meet the qualifications for membership of village collective economic organizations enjoy the same treatment as men in their own villages in accordance with the law.
On March 29, 2023, the procuratorate of the Economic Development Zone, together with the District Women's Federation, the District Legislative Affairs Office, the District Social Affairs Bureau and other departments, visited a sub-district office on the issue of the infringement of the legitimate rights and interests of rural women by the village rules and regulations, and found that the content of the protection of women's rights and interests was added to the revised village rules and regulations, and publicized them through village WeChat groups, villager handbooks, exhibition boards, etc., so that the masses can widely know and create a good atmosphere of respecting and caring for women in rural areas. In response to the problems reflected in this case, the Rizhao Municipal People's Procuratorate promoted the Rizhao Municipal Department of Justice and Civil Affairs to jointly issue the "Guiding Opinions on Carrying out the Legal Review of Village Rules and Residents' Conventions" to promote the administrative organs' supervision and management of village rules and conventions in accordance with law.
【Typical Significance】
(1) Village rules and conventions are the norms of conduct for villagers to conduct self-management, self-service, self-education, and self-supervision, and are an important method of village governance, and are related to the protection of rural women's rights and interests, and township people's governments and neighborhood offices shall perform their duties of supervision of village rules and conventions in accordance with law. In practice, some rural women lose the rights and interests of their "mother's family" such as land contracting rights due to "marriage", and they do not enjoy the same treatment as villagers in their "in-laws' homes" in a timely manner, and the legitimate rights and interests of women are infringed upon. Townships (streets) have an obligation to guide decisions on village rules and conventions and other matters involving the interests of villagers, and shall order corrections of content that violates laws, regulations, or state policies, or infringes on women's lawful rights and interests. Where townships (neighborhoods) neglect to perform their duties to supervise village rules and agreements, infringing on the public interest, the procuratorates shall use administrative public interest litigation to urge the townships (neighborhoods) to perform duties such as filing and reviewing village rules and conventions, ordering corrections, and so forth, to truly protect rural women's rights and interests.
(2) Guide villagers' committees to make reasonable arrangements for autonomy in accordance with law in conjunction with case handling, and help improve the rural governance system that combines autonomy, rule of law, and rule by virtue. Influenced by traditional concepts, some rural women do not have a strong sense of rights protection after their rights and interests are violated, and even if they defend their rights through litigation, they are also faced with practical difficulties such as long cycles and high costs. In response to situations where violations of village rules and conventions infringe upon the lawful rights and interests of many rural women, procuratorates are to lawfully urge townships (streets) to perform their duties of review and supervision, and respect the villagers' committees' autonomy over their own village affairs, and recommend that administrative organs guide villagers' committees to revise village rules and contracts through methods such as convening villagers' meetings, and promote the standardization and substantiation of the review of the legality of village rules and agreements. Advance the protection of rights after the fact to the source of litigation, correct and prevent violations of the lawful rights and interests of rural women at the source, reverse old traditional concepts into new concepts of the rule of law, and promote harmonious and good governance in rural society.
Case XII
Zhang's national judicial aid case
[Basic facts of the case]
The rescued person, Zhang, female, is the wife of Chen Mougang, the victim of Xu Mouyang's traffic accident. On May 28, 2023, when Xu Mouyang drove a small car without a license through an intersection in Haizhou District, Lianyungang City, Jiangsu Province, he collided with a motorcycle driven by Chen, resulting in a traffic accident in which Chen Mougang was injured and the motorcycle was damaged. According to the traffic police department, Xu Mouyang was mainly responsible for the accident. On July 5 of the same year, the branch directly under the Lianyungang Municipal Public Security Bureau in Jiangsu Province filed a case for investigation on suspicion of Xu Mouyang's traffic accident, and then transferred it to the People's Procuratorate of Haizhou District, Jiangsu Province (hereinafter referred to as the Haizhou District Procuratorate) for review and prosecution.
[Performance of duties by procuratorial organs]
When handling the case of Xu Mouyang's traffic accident, the criminal prosecution department of the Haizhou District Procuratorate found that the victim's family members might meet the conditions for judicial assistance, so they transferred the clues to the accusation and appeal prosecution department, and the accusation and appeal prosecution department immediately initiated the judicial aid procedure and designated a special person to give priority to handling it. After investigation and verification, it was ascertained that before the case occurred, there were originally five members of the rescued person's family, Zhang, who was engaged in sewing work in a garment enterprise in Jiangsu, earning about 2,000 yuan per month; her husband Chen had just engaged in liquefied gas filling work, and his labor income was the family's main source of income; his son and daughter were minors, who were in the first year of junior high school and the second year of high school respectively; and his father-in-law had passed away, and his mother-in-law was disabled and could not take care of herself. After the incident, her husband Chen had just died after rescue efforts failed, and Zhang raised two minor children who were going to school and had to support her mother-in-law. The criminal suspect Xu Mouyang only has a primary school education, has no regular job and financial resources, and has no ability to compensate. Zhang has not yet received any compensation such as insurance claims, and his family life is facing urgent difficulties.
The Haizhou District Procuratorate found that Zhang met the conditions for judicial assistance, and was a difficult woman who had lost the family's main labor capacity due to the case, and undertook the obligation to raise minor children and support the elderly, and belonged to the Supreme People's Procuratorate and the All-China Women's Federation to deepen the "pay attention to women groups in difficulty and strengthen special judicial assistance" activities. In order to further increase the intensity of assistance and improve the effect of assistance, the Haizhou District Procuratorate relied on the vulnerable group protection center jointly initiated by the procuratorate and seven functional departments including the Federation of Trade Unions and the Women's Federation of the People's Republic of China, launched the national judicial aid and social assistance connection mechanism, and jointly studied and implemented multiple assistance measures: First, the District Women's Federation included Zhang in the list of single-parent poor mothers and implemented "one-to-one" Second, the District Federation of Trade Unions included Zhang's family in the family of workers in difficulty, issued temporary assistance and relief funds, coordinated Zhang's enterprise to give special care in terms of work arrangements, and applied for grants for his children who were going to school; third, the District Disabled Persons' Federation provided rehabilitation equipment for Zhang's mother-in-law and formulated a rehabilitation plan in a targeted manner; fourth, the District Civil Affairs Bureau handled the subsistence allowance for Zhang and implemented the subsidy policy; fifth, the Haizhou District Procuratorate included Zhang in the target of continuous assistance, and regularly carried out psychological counseling and family education guidance to help regain confidence in life。
After the judicial aid case was completed, the Haizhou District Procuratorate, the District Federation of Trade Unions, and the District Women's Federation conducted a joint return visit to Zhang to follow up and understand the implementation of various assistance and assistance measures and the family life. Now Zhang's family life has been basically guaranteed, and his work and life are gradually returning to the right track, and he is very grateful to the procuratorate and relevant functional departments for their help.
【Typical Significance】
(1) Pay attention to groups with special difficulties, and open "green channels" for judicial assistance. For groups with special difficulties such as women and employees in difficulty, the procuratorate is to quickly activate the "green channel" for judicial assistance, increase the extent of assistance, quickly review and promptly release judicial aid funds, help the rescued person return to normal life as soon as possible, rekindle hope in life, and ensure that judicial assistance is "saved" on the spot and "helped" in the heart, and effectively solves the "urgent need" of the rescued.
(2) Implement multiple and comprehensive assistance to increase the quality and effectiveness of judicial assistance. After the procuratorate issues judicial aid funds, in response to the actual difficulties faced by the families of the rescued persons, relying on the protection centers for vulnerable groups established with trade unions, women's federations, civil affairs and other departments, to coordinate the implementation of assistance for the families of workers in difficulty, the issuance of grants, subsistence allowances, Carry out a variety of comprehensive assistance measures such as psychological counseling, and strengthen the national mechanism for connecting judicial aid and social assistance, effectively increasing the effectiveness of comprehensive assistance and assistance, helping to solve practical difficulties to the greatest extent, and firmly ensuring the bottom line of people's livelihood protection for women and employees with special difficulties such as women and workers in difficulty, and better safeguarding the lawful rights and interests of vulnerable groups.
2024
China Women's Daily, China Women's Movement
Source/Editor-in-charge of the Supreme People's Procuratorate/Tian Yuan Huang Die, Chen Xiaobing's review and signature/Yifan Producer/Zhifei
