Procuratorial services do not have "empty windows" to promote the implementation of policies
-- Procuratorial organs have carried out in-depth supervision of administrative non-litigation enforcement of social maintenance fees
In the context of the major adjustment of the mainland's birth policy, "superbirth" has become a "thing of the past", and social maintenance fees have been abolished accordingly. According to the new provisions, if a expropriation decision has been made but the implementation has not been completed, the expropriated part will not be refunded, and the uncollected part will not continue to be collected; Where an investigation or expropriation decision has not been made, it is no longer to be accepted or handled.
However, in practice, there are still some cases in which the collection of social maintenance fees has not been concluded, or cases in which the social maintenance fees have not been enforced due to failure to pay social maintenance fees in a timely manner, especially the restrictions on travel and high consumption of some persons subject to enforcement have not been lifted, which affects normal life.
In response to the outstanding problems in the implementation of such social maintenance fee collection decisions, the procuratorial organs have carried out administrative non-litigation enforcement supervision, cleaned up the problems left over from history, and ensured the implementation of the state's optimized birth policy.
A case was raised
A special monitoring operation
In August 2021, the much-talked-about "three-child" policy was fully launched.
In the same month, the Xianyou County Procuratorate of Fujian Province successively received supervision applications from four families including Yan, and the demands were the same: to stop the collection and enforcement of the social maintenance fees involved and lift the corresponding enforcement measures.
This has aroused the attention of the court: how many have issued a decision to levy social maintenance fees but have not yet been completed? How to properly handle it, not only to protect the interests of the masses, but also to promote the smooth transition of policies?
The Xianyou County Procuratorate set up a special case team headed by the chief procurator, conscientiously grasped and comprehended the spirit of the national fertility policy, went to the county health bureau for investigation and verification many times, took the initiative to report to the Standing Committee of the County People's Congress, contacted the county court, and held two work coordination meetings to reach a consensus on the resolution of a series of cases.
On September 2 of the same year, the Xianyou County Procuratorate issued a procuratorial recommendation to the County Health Bureau. 5 days later, the county health bureau applied to the court to close the case of Yan and other 8 people, and the 8 parties were successfully removed from the list of judgment defaulters. At the same time, similar cases in the county were closed simultaneously.
Taking the Xianyou County Procuratorate's handling of the case as the starting point, the Putian City Procuratorate also quickly carried out special supervision throughout the city.
At the beginning of 2022, the "Fujian Yan et al. and a county health bureau's series of cases of enforcement supervision of the collection of social maintenance fees" was rated as one of the "Top Ten Typical Administrative Procuratorate Cases in 2021", and the demonstration effect was further extended. At that time, the Supreme People's Procuratorate deployed the special activity of "comprehensively deepening administrative procuratorial supervision and escorting people's livelihood and interests in accordance with the law", and the Fujian Provincial Procuratorate issued the "Action Plan for the Provincial Procuratorial Organs to Comprehensively Deepen Administrative Procuratorial Supervision and Carry Out Special Legal Supervision such as the Enforcement of Social Maintenance Fees to Achieve "Three Mentions and Three Effects" in light of local conditions, and carried out a small special project of "Administrative Non-litigation Enforcement Supervision of Social Maintenance Fees".
Taking this experience as a sample, under the guidance of the Administrative Procuratorate of the Supreme People's Procuratorate, a small special project focusing on "supervision of administrative non-litigation enforcement of social maintenance fees" was launched in procuratorial organs across the country.
Big data empowerment
Find out the bottom number and solve it in batches
The small special activity of "Supervision of Administrative Non-litigation Enforcement of Social Maintenance Fees" provides a reference path for the handling of similar cases. In practice, how can the procuratorial organs efficiently screen case clues and resolve existing or potential disputes in batches?
In May 2022, the Pinghu City Procuratorate of Zhejiang Province handled the administrative non-litigation enforcement procuratorial supervision case of urging the Health Bureau to withdraw the collection of social maintenance fees on Fan and his wife, and through the establishment of a big data legal supervision model and comparative analysis of relevant data, a total of 18 local applications have not been completed, and 23 persons have been executed, of which 4 have been included in the list of dishonest judgment debtors and have not been lifted.
The Pinghu Municipal Procuratorate then formulated and issued a procuratorial recommendation, urging the Municipal Health Bureau to withdraw the non-litigation enforcement cases of collecting social maintenance fees that had not been implemented in place, and to abolish the outdated normative documents, and to recommend that the Municipal Court lift the restrictive measures taken against the persons subject to enforcement who have not paid social maintenance fees. So far, the "pending case" of Pinghu City's collection of social maintenance fees has been cleared, and this digital supervision model has been popularized and applied in the Jiaxing City procuratorate.
Mao Zhongyi, deputy procurator general of the Pinghu Municipal Procuratorate, one of the members of the model research and development, told reporters that most of these cases are in a final state because the person subject to enforcement has no property available for enforcement, and under the normal procedure, the person applying for enforcement, that is, the health department, needs to submit an application for withdrawal of enforcement to the court in order to rule to terminate the enforcement and lift the restrictive measures taken against the person subject to enforcement.
"The facts of this type of case are highly similar, and digital supervision can not only improve the efficiency of supervision, but also realize the governance of litigation sources, so that people with the same troubles can protect their rights and interests in a timely manner, so as to serve and ensure the full implementation of the country's optimized birth policy." Mao Zhongyi said.
The big data legal supervision model of the Pinghu Municipal Procuratorate's social maintenance fee collection and administrative non-litigation enforcement is the epitome of the national procuratorate's efforts to strengthen the empowerment of big data and comprehensively find out the bottom number of cases. The reporter learned that the procuratorial organs in Shanxi, Anhui, Guangdong and other places have actively retrieved the data of local administrative organs and courts, integrated the internal data resources of the procuratorial system, and built a clue research and judgment model by combing the supervision rules, and comprehensively investigated and centralized processing by means of keyword screening and big data collision comparison.
Strengthen the judicial system
Ensuring a smooth "transition" of policies
"Social maintenance fees are a thing of the past, and although the corresponding laws and policies have been adjusted, the remaining issues need to be properly handled." Guo Xiaodan, deputy director of the Administrative Procuratorate Department of the Liaoning Provincial Procuratorate, told reporters that comprehensively considering the responsibilities of the administrative organs and the courts, the procuratorial organs can actively perform their duties in accordance with the law, give full play to the role of coordination and supervision, and promote the governance of similar cases with individual case supervision, which can maximize the supervision effect at the minimum cost.
As Guo Xiaodan said, local procuratorial organs avoid "handling cases on a case-by-case basis", integrate the use of review, investigation and other means, promote the supervision of similar cases through public hearings, round table meetings, substantive resolution of administrative disputes, etc., and continue to deepen the governance of litigation sources——
The Qingxin District Procuratorate of Qingyuan City, Guangdong Province, and the District Court jointly established the "Joint Investigation Office for the Management of Litigation Sources of Administrative Disputes" to jointly discuss solutions to effectively reduce the burden of litigation among the masses and alleviate the pressure on enforcement;
The Wuqing District Procuratorate of Tianjin Municipality has done a good job in the combination of "case review + procuratorial hearing", actively introduced neutral third-party evaluation, and promoted the city's resolution of relevant enforcement cases;
The Liaoning Provincial Procuratorate, the Provincial High People's Court and the Health Commission of the province shared information and complemented each other's functions, and formulated and issued the "Opinions on Strengthening Coordination and Cooperation in the Implementation of the Three-Child Policy and Properly Handling the Historical Issues Left Over from the Collection of Social Maintenance Fees in Accordance with Laws and Regulations", clarifying the handling methods for relevant issues in the form of a system;
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It is understood that at present, most localities have completed the liquidation of the stock of cases of social maintenance fee collection. Lu Quanjin, the chief prosecutor of the Xianyou County Procuratorate, who started this supervision work earlier, said: "There is a 'transition period' from the old policy to the new policy, but there cannot be a 'window period' for the procuratorate to serve the people. The handling of such cases tests the ability of the procuratorial organs to take the initiative and serve the overall situation with high quality and efficiency. ”
"At present, the special action of 'procuratorial protection of enterprises' and 'procuratorial protection of people's livelihood' is being carried out in depth, which not only supervises the impartial justice of the courts, but also promotes the administrative procuratorate of administrative organs to administer according to law, and has a lot of room for doing so in grassroots social governance, and requires every administrative prosecutor to go all out to grasp the requirements of 'three good' and high-quality and efficient case handling, and strive to make the people feel fairness and justice in every judicial case." Lu Quanjin expressed the voice of the front-line administrative procurators.
(Source: Procuratorate Daily, Important News Edition Author: Liu Tingting, Yao Tingting)