The People's Court Integrating Socialist Core Values into Judicial Judgment - Promoting Social Integrity through Fair Judiciary
2023-08-17
The core socialist values are the soul of socialist rule of law construction. In 2016, the General Office of the Communist Party of China and the State Council issued the Guiding Opinions on Further Integrating Socialist Core Values into the Construction of the Rule of Law; In 2018, the Central Committee of the Communist Party of China issued the "Legislative Amendment Plan for Integrating Socialist Core Values into the Construction of the Rule of Law". In recent years, the people's courts have actively practiced and promoted the socialist core values, integrating them into judicial decisions, guiding the formation of good social customs through fresh cases, and consolidating upward and good forces. Duan Nonggen, Director of the Research Office of the Supreme People's Court, said, "Judiciary is the last line of defense to maintain social fairness and justice. Judicial justice plays an important leading role in social justice, can fully demonstrate socialist core values, promote the internalization and externalization of socialist core values in the heart and actions, and promote the rooting of socialist core values During his lifetime, Dai was a professional and technical personnel hired by the Housing and Urban Rural Development Bureau of Lincang City, Yunnan Province to promote the formation of an upward and positive social atmosphere. He has been persisting in difficult positions for a long time. During his work, Dai was sent to the hospital for treatment due to illness and was diagnosed with brain death. Subsequently, his family decided to donate human organs. After completing the donation, the hospital issued a death certificate. Afterwards, the Housing and Urban Rural Development Bureau of Lincang City submitted an application for work-related injury recognition to the Human Resources and Social Security Bureau of Lincang City. However, the Municipal Human Resources and Social Security Bureau believes that based on the death certificate issued by the People's Hospital of Lincang City, it has been more than 48 hours since Dai died due to sudden illness and ineffective rescue, which does not comply with the provisions of Article 15, Paragraph 1, Item 1 of the "Work Injury Insurance Regulations" regarding the treatment of work-related injuries. Therefore, it has made a decision not to recognize work-related injuries. The Housing and Urban Rural Development Bureau of Lincang City filed a lawsuit with the court. The People's Court of Linxiang District, Lincang City, Yunnan Province believes that in the case of human organ donation, the application of Article 15, Paragraph 1, Item 1 of the Work Injury Insurance Regulations, which stipulates "sudden disease death or ineffective death within 48 hours after rescue", should take the time of brain death confirmed by the diagnosis and treatment institution as the time of death. Based on this, the court ruled to revoke the "Decision on Not Identifying Work Injuries" made by the Human Resources and Social Security Bureau of Lincang City and required it to take specific administrative actions again. The purpose of socialist rule of law is to protect the rights and interests of the people, guide the people to move towards good and upward. The application of law should safeguard the legitimate rights and interests of the parties involved, and should not cause them to lose their legitimate rights and interests due to their own good deeds, let alone hinder social public welfare efforts. "The relevant person in charge of the Supreme People's Court said. Chen is an employee of a thermal power company in Meihekou City, Jilin Province, who suffered from hypoxia and suffocation during a valve well operation. Wang, who was working nearby, quickly went down to the well to save someone after receiving help. The rescue was unsuccessful, and Wang also fainted due to suffocation. After treatment, Wang regained consciousness and incurred over 40000 yuan in medical and nursing expenses. Should we receive compensation if we fail to save people but suffer damage? Wang had a disagreement with the thermal power company and filed a lawsuit in court. The People's Court of Meihekou City believes that bravely standing up in the face of others' danger without legal or agreed rescue obligations does not affect their compensation for damages, although it fails to turn others into safety
Edit:Jia Jia Responsible editor:Wang Chen
Source:People.cn
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