Activate the "sleeping clause" to make the law stronger and warmer

2023-02-08

Figure ①: In handling the lawsuit of five migrant workers such as Qi for labor remuneration support, the procuratorate of Yindu District, Anyang City, Henan Province, helped the two sides reach a settlement and sign a settlement agreement through interpretation and reasoning. Figure ②: The Lianchi District Procuratorate of Baoding City, Hebei Province, and the Traffic Police Detachment of Baoding Public Security Bureau signed the Implementation Plan on Jointly Carrying out National Judicial Assistance and Supporting Prosecution Work. Figure ③: In a case of supporting the prosecution of minors' claim for alimony, the People's Procuratorate of Libo County, Guizhou Province sent personnel to appear in court. Since 2019, the number of cases supported for prosecution has increased year by year. In 2019, the national procuratorial organs supported 15419 prosecutions according to law; In 2020, the national procuratorial organs supported 24355 prosecutions according to law; In 2021, the national procuratorial organs will support 44000 prosecutions according to law; From January to November 2022, the national procuratorial organs supported more than 59000 prosecutions in accordance with the law, and the scope of supporting prosecutions was steadily expanded from labor rights disputes to the elderly to apply for payment of alimony, the rights of the disabled, the divorce of women victims of domestic violence and other fields. Unable to fight a lawsuit, unable to fight a lawsuit, is an objective existence in front of the vulnerable groups in litigation. As early as 1982, the Civil Procedure Law of the People's Republic of China (for Trial Implementation) made provisions on "supporting prosecution", that is, "organs, organizations, enterprises and institutions can support the injured unit or individual to bring a lawsuit to the people's court for acts that damage the civil rights and interests of the state, collective or individual". However, the attention of the legislature to the vulnerable groups in litigation has not been directly translated into the rich practice of rule of law because of the relatively general provisions. In the first 11 months of 2022, the national procuratorial organs supported more than 59000 prosecutions, up 53.3% year on year. While the number of cases handled has increased steadily, the scope of support for prosecution has also expanded from labor rights disputes to elderly claims for alimony, the rights of the disabled, and the divorce of women who have suffered domestic violence. "In the process of promoting Chinese path to modernization, a case can be fought and won with reason, bearing the people's most simple vision of fairness and justice. The procuratorial organ supports prosecution according to law, provides system supply for 'substantive justice', and looks forward to more such inspection practices," said Hu Zhonghui, deputy secretary of the Party Committee and deputy general manager of the machinery manufacturing division of Pinggao Group Co., Ltd., a deputy to the National People's Congress. The weak in litigation: a group that cannot be ignored: "How can a migrant worker have his boss's identity information? Without ID card number and address information, he can't even write a complaint. If he has not experienced and experienced this pain, it is difficult to understand the mood of the applicant." Talking about supporting the prosecution system, Qijiang District Procurator of Chongqing

Edit:Ying Ying    Responsible editor:Zhou Shu

Source:newspaper.jcrb.com

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