Throughout the 75 years since the Republic of China, people's livelihood has always been the foundation of the CPC's governance and governance.
"Chinese-style modernization, people's livelihood is the greatest." The CPC Central Committee with Comrade Xi Jinping at its core is full of profound feelings for the people and has opened up a new realm of comprehensively promoting the great rejuvenation of the Chinese nation with Chinese-style modernization.
As a procuratorial organ under the absolute leadership of the Communist Party of China, how can it further improve the procuratorial work for the people in the process of promoting Chinese-style modernization, and better meet the higher demands of the people in terms of democracy, rule of law, fairness, justice, security, and environment?
Since the beginning of this year, under the deployment of the Supreme People's Procuratorate, the special action of "inspecting and protecting people's livelihood" carried out by procuratorial organs across the country is in full swing, and is diligently seeking the proposition of this era——
Protruding Emphasis——
Focus on prominent livelihood issues for key groups such as women, the elderly, minors, and persons with disabilities, and deepen the protection of the rights and interests of specific groups with procuratorial oversight.
Ying Yong, Secretary of the Party Leadership Group and Procurator General of the Supreme People's Procuratorate, stressed that "inspecting and protecting people's livelihood" should take improving people's livelihood and well-being as the fundamental purpose.
That autumn day in 2021 has made Yang Yujie, a police officer of the Hohhot City Procuratorate of the Inner Mongolia Autonomous Region, unforgettable.
"It's all my father's biological flesh and blood, why can my brother get compensation, but my sister can't?" A 9-year-old girl, Xingxing (not her real name), timidly hides behind her mother and listens to the conversation between adults.
"She doesn't dare to look people in the eye, and she is not confident when communicating with people." Yang Yujie recalled that at that time, Xingxing's father had died for more than two years, and the compensation judgment was unfair, which made Xingxing's mother very anxious, which seemed to make Xingxing lack a sense of security.
Xingxing and his younger brother Chenchen (pseudonym) are the dragon and phoenix fetuses born to Na and Li. In 2018, Na and Li divorced, Xingxing was awarded to his mother Na, and Chenchen was awarded to his father Li. Unfortunately, in 2019, Li died in a car accident. Xingxing's grandparents and Chenchen sued the perpetrator and the insurance company to the court, demanding compensation and listing Xingxing as a third party. The court of first instance ordered the defendant to compensate grandparents and Chenchen 880,000 yuan, but Xingxing did not receive a penny. Xingxing's application to the High People's Court of the Autonomous Region for a retrial was rejected. So, Xingxing, his mother and lawyer went to the procuratorate to apply for supervision.
In the process of reviewing the case, the prosecutor learned that Chenchen's custody rights had been changed to Na Mou, who was a laid-off worker with a monthly income of only more than 2,000 yuan, and the financial pressure to bear the lives of his two children was very great. After the death of his father, Xingxing is sensitive and fragile inside. "We must fight for the due rights and interests of the star within the scope of the law, give the child an explanation, and don't let her grow up in grievances." After psychological counseling for the stars, the prosecutor also strengthened his convictions.
The original judgment held that Xingxing had no right to participate in the distribution of the father's compensation on the grounds that the parents were raising their children separately at the time of divorce. After examination, the Hohhot Municipal Procuratorate held that after the parents divorced, the other party still has the right and obligation to raise and educate the children, regardless of whether the children are directly raised by the father or the mother. Xingxing is a dependent of Li before his death, and as his legitimate daughter, he has the right to claim compensation for living expenses.
After the Hohhot Municipal Procuratorate submitted a protest, the Inner Mongolia Autonomous Region Procuratorate filed a protest with the Autonomous Region High Court. The High People's Court of the Autonomous Region adopted the procuratorate's protest opinion and ruled in April 2023 to revoke the original judgment and remand to the original trial court for retrial. In August of the same year, the court of first instance ordered the defendant to pay compensation to the stars.
Because Li's car accident was on the way to work, involving the division of work-related death subsidies in another case, after the effective judgment of the court on the division of common property, Xingxing and Chenchen shared their father's one-time work-related death subsidy of 390,000 yuan. In order to maintain a harmonious relationship between the three generations, the procuratorial organs specially explained the law and reasoning to the children's grandparents in detail. In the end, with the cooperation of the old couple, the two cases were combined and executed.
In April this year, after the court enforced it in accordance with the law, Xingxing and Chenchen received a total of 740,000 yuan in compensation. Now, Xingxing is the sixth grade of the school's "Xueba", and one day ago he came to the procuratorate again with a handwritten thank you letter from Xingxing, "The uncle and aunt of the procuratorate are like angels who preside over fairness and justice for me, I want to be a person with the same sense of responsibility, love and justice as you, and I will always remember the help and strength you brought me......"
"One old and one young", one end is connected to the "sunset", and the other end is connected to the "rising sun", which is related to thousands of households.
In the special action of "prosecuting and protecting people's livelihood", procuratorial organs in various regions focused on the prominent livelihood problems of a group of people, and weaved a dense all-round and multi-dimensional protection network, which is especially obvious in the elderly group.
Focusing on the elderly who are in the dilemma of protecting their rights, such as not daring, unable to, and not being able to litigate, the procuratorate has made full use of civil support for prosecution, helping the "silver-haired people" to seek salaries, and recovering alimony and personal injury compensation;
Strengthen supervision of cases involving the elderly, such as litigation, property, medical care, retirement benefits, pension payments, medical insurance subsidies for the elderly, and pension services;
Crack down on illegal fund-raising and pension fraud, go into communities and pension institutions to carry out legal publicity, and help the elderly keep their pension money;
Cooperate with civil affairs, health, fire and other departments to go deep into elderly care institutions to jointly promote fire protection, barrier-free facilities, food hygiene and other safety supervision;
Promote pharmaceutical companies to carry out the transformation of drug instructions for the elderly to ensure the safety of drug use by the elderly;
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Focus on hot spots——
Strengthen the protection of the rights and interests of workers in new forms of employment, and carry out public interest litigation work related to food and drug safety inspections in new online business forms.
Nine of the top 10 anchors in the city's live broadcast e-commerce industry are women, and 94% of the top 50 anchors in the industrial belt are women...... In Changshu, Jiangsu, the "highland" of live broadcast e-commerce, female anchors occupy "most of the country". However, behind the glamorous, they also have an unknown sadness.
"I'm pregnant and the company found out and fired me, what should I do?" In February this year, a phone call to the Changshu Women's Rights Protection Hotline attracted the attention of the Changshu Municipal Procuratorate's Public Interest Litigation Prosecution and Case Handling Team.
"The operator told her to defend her rights through the Labor and Personnel Dispute Arbitration Court, but has her problem been solved?" Liu Xin, a prosecutor from the city's procuratorate, and the case-handling team visited the Labor and Personnel Dispute Arbitration Court and contacted Ms. Wang, who called.
"To be honest, the Labor and Personnel Dispute Arbitration Court won me 40,000 yuan in compensation, which is not a small amount, but the sudden dismissal brought me problems such as pregnancy unemployment and insurance continuation, and the terms of the company's labor contract also infringed on the legitimate rights and interests of other sisters." On the other end of the phone, Ms. Wang's remarks deeply touched Liu Xin.
The investigation team found that the labor contract signed between the e-commerce company that fired Ms. Wang and the employee stipulated that the labor contract term was 2 years, but the probation period was 6 months, and it also agreed to directly pay overtime pay in lieu of compensatory leave, which is common in the company's labor contract.
The case handling team held that the company's labor contract clause infringed on the legitimate rights and interests of female employees. On February 27, the Changshu Municipal Procuratorate issued procuratorial suggestions to relevant functional departments. After receiving the procuratorial suggestion, the relevant functional departments immediately interviewed the company involved in the case, requiring it to establish lawful labor-management relations, and increasing the degree of concern for female employees, especially those in the "four periods" (menstruation, pregnancy, childbirth, and lactation). In addition, the court promotes self-examination and self-correction of similar enterprises, and all enterprises in the jurisdiction have improved the special protection clauses in labor contracts.
Today, the Changshu Municipal Procuratorate has set up an enterprise inspection service center in the live broadcast e-commerce service center, formulated a list of women's labor rights and interests, and designated March every year as the month of protection for female employees, and regularly carried out legal publicity.
Is the lack of protection of the rights and interests of women workers in the new business case an example or a common phenomenon due to the flexible and diversified working methods of workers in the new industry?
Liu Xin and the case handling team reviewed more than 50 cases involving labor rights and interests disputes involving new business formats in the city in the past three years, and found that the number of cases involving live broadcast e-commerce has increased year by year, of which 30% of the disputes were caused by the dismissal of female employees during pregnancy and the imperfection of special protection clauses for female employees in labor contracts.
In this regard, the Changshu Municipal Procuratorate and the Municipal Federation of Trade Unions have established cooperation mechanisms such as clue transfer, information sharing, and case-handling cooperation, and listed the "New Business Workers' Rights and Interests Protection 'Rule of Law Lounge'" rights protection position in the Cultural Palace of the Municipal Federation of Trade Unions, providing legal aid, assistance and psychological counseling and other services on a regular basis.
As a new quality productivity in the era of digital economy, live-streaming e-commerce not only opens up new sales and marketing channels for merchants, but also provides consumers with a more intuitive and authentic shopping experience.
However, in recent years, food live streaming has frequently "overturned", exaggerating false publicity, inducing consumption, and potential safety hazards have become the focus of consumer complaints.
While strictly cracking down on the crime of producing and selling toxic and harmful food and counterfeit and shoddy goods in accordance with the law, procuratorial organs in various regions have carried out special supervision on food safety issues in new business areas such as community group buying, online marketing, live streaming, and takeaway chaos. From January to May this year, the procuratorate handled 474 administrative public interest litigation cases in the field of food and drug safety involving new forms of Internet business.
In addition, in response to the phenomenon that some "store visit videos" with the nature of Internet advertisements exaggerate and mislead consumers, the procuratorial organs have issued procuratorial suggestions to the administrative supervision departments in accordance with the law, urging them to perform their duties in accordance with the law, "navigating" for the development of new business formats, and "escorting" consumers.
Cracking the Difficulty——
Strengthen procuratorial oversight in the field of social insurance, and carry out special rectification of medical insurance fraud crimes.
The social security fund is the people's "life-saving money" and "life-saving money", and the security of the social security fund is related to the vital interests of thousands of insured people.
In recent years, social security fraud has been frequent. These cases are complex, hidden, difficult to find, difficult to investigate, and become a "short board" in the supervision of social security funds. However, no matter how seamless the crime, it will not escape justice.
One day in September 2021, Tan Moufan drove a motorcycle on Liu and injured him, and then sent Liu to the hospital for hospitalization. During this period, Tan Moufan contacted his daughter Tan Mouying to the hospital and proposed to tell the doctor that Liu Mou was injured by himself, not in the vehicle driven by Tan Moufan. Tan Mouying agreed, and signed the "Chongqing Medical Insurance Trauma Patient Injury Cause Commitment Letter" when going through the hospitalization procedures, fabricated the cause of Liu's injury, and finally Liu was able to reimburse more than 12,000 yuan for medical insurance.
Two years later, when the Shizhu County Procuratorate of Chongqing Municipality carried out the review of the judgment results, it discovered the fact of Liu's illegal reimbursement through the 2022 civil judgment of Liu v. Tan Moufan for personal tort damages, and quickly transferred the clue to the county medical insurance bureau for investigation and punishment.
In response to the problems exposed by the case, the Shizhu County Procuratorate used the medical insurance reimbursement data and the court's personal infringement case data as elements to construct a "supervision model for supervising the recovery of medical insurance funds that should not be included in the overall payment", and screened out 15 clues related to the case.
This year, the Chongqing Municipal Procuratorate has included the implementation plan of the city's procuratorial organs' special action to "inspect and protect people's livelihood" to carry out the supervision of medical insurance funds that should not be included in the overall payment, and the legal supervision model of the Shizhu County Procuratorate has been promoted and used throughout the city.
According to statistics, since the beginning of this year, the Chongqing Municipal Procuratorate has handled 33 cases involving medical insurance, recovered more than 3.24 million yuan in losses from the medical insurance fund, and issued 7 procuratorial opinions to the Health Commission, medical and health institutions, and medical insurance bureaus.
In order to continuously strengthen the supervision of medical insurance funds and maintain the safety of medical insurance funds, in March this year, the "Two Supreme People's Courts and One Section" issued the "Guiding Opinions on Several Issues Concerning the Handling of Criminal Cases of Medical Insurance Fraud"; In April, the National Health Insurance Administration, together with the Supreme People's Procuratorate and other departments, issued a work plan to deploy the special rectification of violations of laws and regulations in the medical insurance fund. The Administrative Procuratorate of the Supreme People's Procuratorate issued a reminder to local procuratorial organs, emphasizing the importance of doing a good job in reverse connection of executions, follow-up supervision, social governance, and other work.
In addition to the medical insurance fund, the procuratorial organs found in the procuratorial supervision of social insurance civil litigation cases that some violators conducted false lawsuits through fictitious labor relations, or used false labor arbitration applications to confirm false labor relations, and obtained pension insurance benefits that they should not have enjoyed with a one-time "supplementary payment" of pensions.
In this regard, local procuratorial organs continue to increase the investigation and handling of false litigation cases and series of cases in the field of social security, and at the same time cooperate with courts and labor arbitration institutions to plug the loopholes in the supervision of social security funds.
Create a highlight——
Solve the "urgent needs" of parties who are in trouble due to the case, and strive to strengthen the bottom line of people's livelihood in the procuratorial process.
An unjustified disaster puts a family in trouble, how can it "survive in a desperate situation"?
In February 2023, Mrs. Huang, who lives in a town in Tongzhou District, Beijing, came to the city to visit her grandson, who was going to take the college entrance examination that year. Mrs. Huang originally wanted to make something delicious to treat her grandson, but on the way to buy vegetables on a bicycle, she was pulled and intercepted by a drunk man for no reason until she fell to the ground, resulting in a fracture of the left femur neck, which was identified as a minor injury of the first degree.
In October 2023, in the process of reviewing and prosecuting this case of picking quarrels and provoking troubles, Ma Lixia, a prosecutor from the Xicheng District Procuratorate of Beijing, learned that Mrs. Huang spent 130,000 yuan on two femur replacement surgeries, because she was not a retired employee and had no retirement benefits and other sources of livelihood, and the perpetrator Qin was an idle person in society, so she did not make any compensation to Mrs. Huang, and also said that she had no ability to compensate. As a result, Ma Lixia quickly transferred the clues to Han Lijun, the prosecutor in charge of handling judicial aid cases in the court.
"Don't want judicial assistance, we have to wait for the court to award civil compensation!" Mrs. Huang's son was still in resentment, and Han Lijun contacted him many times to inform him that the procuratorate could help Mrs. Huang apply for judicial assistance, but he refused.
In November 2023, on the day of the trial of Qin's case of picking quarrels and provoking troubles, Ma Lixia met Mrs. Huang's daughter-in-law Niu, who came to observe, and informed her of the relevant matters related to applying for judicial assistance, and Han Lijun quickly contacted her.
However, Niu, who had said that she wanted to apply for judicial assistance for her mother-in-law, did not apply in the future, but Ma Lixia saw her when she was on bail pending trial for drunk driving suspects.
"I'm here to get my husband out on bail." This dramatic meeting made Niu open his heart to Ma Lixia, "I was going to start a business this year, there were accidents one after another at home, my mother-in-law was bedridden, I had to take care of myself, the family was crammed into a house of more than 40 square meters, my husband was depressed and drunk and driving, and my son also did not achieve satisfactory results in the college entrance examination due to changes in the family, I was about to collapse." ”
While Mrs. Huang's son was released on bail pending trial, it coincided with the issuance of the "Opinions on Handling Criminal Cases of Dangerous Driving While Drunk" by the "Two Supreme People's Courts and Two Ministries", and his alcohol content while driving should have been criminally punished according to the previous standards, but according to the new regulations, the procuratorate handled him without prosecution in accordance with the law.
"Prosecutor, do you think I'm unlucky, or lucky?" From the Spring Festival to the end of March this year, during Niu's application for judicial assistance for his mother-in-law, Han Lijun had many long talks with him. "I understand you very well, you represent the outstanding women of many families, and you have supported the whole family when there are changes in the family, and it is up to you to maintain this family in the future, you must be ......strong" At this time, the kind and capable Niu cried bitterly, and the long-term depression in his heart was finally released.
The judicial aid money may not be enough to alleviate the financial pressure on the family, but the spiritual comfort is enormous. As Niu read with tears at the scene of the distribution of judicial aid funds: "Judicial aid has become our beacon in the long dark night, and the trust and assistance of the prosecutor allow us to see hope in despair and find support in difficult situations......"
Now, Mrs. Huang has returned to her home, gradually coming out of the haze in the gradual recovery, and Niu has also reopened her entrepreneurial road.
Mrs. Huang's family is one of the many families who feel the "warmth" of the law.
Focusing on the protection of the rights and interests of groups such as military personnel, military families, and heroes and martyrs, procuratorial organs in all regions are focusing on resolving outstanding issues such as the handling of military family certificates, the protection of military family benefits, and the preferential treatment of bereavement benefits, and give priority to the acceptance and handling of cases of judicial assistance for military personnel and military families.
In order to protect the people's safe residence, the Supreme People's Procuratorate issued typical cases of civil procuratorial supervision of real estate disputes, guiding local procuratorial organs to focus on real estate-related disputes such as "one house and two sales", overdue handling of property rights certificates, and adjustment of liquidated damages, and in the first five months of this year, 106 procuratorial suggestions for retrial and 50 protests were raised.
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Ignition boiling point –
The whole society joined hands to play a "chorus" to protect people's livelihood.
To protect people's livelihood and well-being, the whole society will work hand in hand.
This year's government work report at the National People's Congress and the National People's Congress put forward a series of measures in education, medical care, employment, income and other livelihood work, responding to the needs of multiple groups and multi-level people's livelihood.
All localities and departments have launched solid measures to solve people's livelihood problems: the Ministry of Education has launched a "100-day sprint" action for the employment of college graduates; The Ministry of Agriculture and Rural Affairs has accelerated the promotion of farmers' income increase; Jiangsu launched 8 practical matters of people's livelihood in medical insurance; Seven departments in Hebei jointly carried out a special management action to combat counterfeiting of agricultural materials......
In this "chorus", "inspecting people's livelihood" is undoubtedly a loud note.
"It is necessary to take the initiative to report to the party committee, its political and legal committee, and the people's congress on the development of the special action, strive for the support and cooperation of government departments and other political and legal units, take the initiative to establish a communication and coordination mechanism, and jointly safeguard the legitimate rights and interests of the people." The Supreme People's Procuratorate put forward the requirements when it issued the "Implementation Plan for the National Procuratorate to Carry out the Special Action of "Prosecuting and Protecting the People's Livelihood".
Since the beginning of this year, the Supreme People's Procuratorate and the All-China Women's Federation have jointly released typical cases of procuratorial organs and women's federation organizations cooperating to carry out judicial assistance, jointly released typical cases of protecting the rights and interests of women and children with the All-China Federation of Trade Unions and All-China Women's Federation, jointly released typical cases of eradicating wage arrears with the All-China Federation of Trade Unions, and jointly released typical cases of procuratorial supervision and ecological and environmental law enforcement to promote the protection and restoration of the Yangtze River with the Ministry of Ecology and Environment......
These typical cases demonstrate the effectiveness of the coordinated performance of duties between the procuratorial organs and relevant departments, and also provide good experience and good practices that can be used for reference in the in-depth promotion of the special action of "prosecuting and protecting people's livelihood".
In carrying out special operations, procuratorial organs in various regions have also strengthened communication and cooperation with relevant departments, strengthening working mechanisms such as the transfer of case leads, information sharing, and work linkage.
In the face of the "worry and troublesome salary" of workers, the Hunan Provincial Procuratorate coordinated to promote the special action of "Intentions and Affection, Hunan Salary and Hunan Protection" to eradicate wage arrears, cooperated with the Provincial Department of Human Resources and Social Security to strengthen the punishment of malicious wage arrears, and coordinated with the Provincial Federation of Trade Unions to promote the use of the "one letter, two letters" system to protect the legitimate rights and interests of workers;
In view of the employer's failure to place the disabled in proportion to the employment and the failure to pay the employment security fund for the disabled, the Jiangxi Provincial Procuratorate, the Provincial Disabled Persons' Federation, and the Provincial Taxation Bureau jointly promoted the improvement of the "Jiangxi Provincial Tax Protection Regulations", including the collection and protection of non-tax income such as disability insurance funds.
Administering justice for the people and satisfying the people is the starting point and end goal of all procuratorial work. Talking about the special action of "inspecting and protecting people's livelihood", the deputies of the National People's Congress expect this-
Qiu Ninghong, a deputy to the National People's Congress and a professor of the Department of Modern Agriculture of Zunyi Vocational and Technical College in Guizhou Province, expressed the hope that the procuratorial organs will strengthen supervision over similar cases of labor disputes encountered by graduates of higher vocational colleges in their employment, so that the legitimate rights and interests of graduates who have just entered society in terms of rest and vacation, labor safety and health protection, social insurance, and welfare can be protected in a timely and adequate manner.
Li Suhuan, deputy to the National People's Congress and chairman of the Li Suhuan Fruit and Vegetable Professional Cooperative in Nanwangzhuang, Qingyuan District, Baoding City, Hebei Province, suggested that the publicity of law popularization should be intensified, and more typical cases around him should be used to explain complex legal provisions, enhance the people's awareness of the rule of law, and help them solve various legal problems.
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There is no end to "inspecting people's livelihood", only a continuous new starting point. As the party group of the Supreme People's Procuratorate has always emphasized, "we must adhere to the people-centered, consciously accept the people's supervision, grasp the people's aspirations and people's livelihoods, find the right point and breakthrough point for the procuratorial performance of their duties, and take the special action of 'prosecuting and protecting the people's livelihood' as the starting point, and continue to make the procuratorate for the people that the people can feel, experience, and benefit, so that the people can have more sense of gain, happiness, and security." ”
[Source: Procuratorate Daily News Edition Author: Dai Jia]