Insight into the "Great Livelihood" Behind "Small Cases" - A Glimpse of Beijing's Procuratorial Organs Doing a Good Job in Administrative Prosecution Work in the New Era

2024-07-12

On July 11th, the reporter followed the interview team of the Supreme People's Procuratorate's "Administrative Procuratorial Work with the People, Supporting the Construction of a Rule of Law China" to visit the procuratorial organs in Beijing, exploring the solid steps of administrative procuratorial work in better safeguarding the legitimate rights and interests of the people and promoting the modernization of the national governance system and governance capacity in the new era. The recovery of 766 illegally used public rental housing units in Beijing's construction of public rental housing is aimed at solving the housing difficulties of urban middle and low-income families, as well as the "sandwich class" groups such as new employees and migrant workers. If public rental housing is used in violation of regulations, it not only affects the basic living security of the people, but also affects fairness and justice. The legal supervision model for illegal use of big data in public rental housing has solved the pain points and difficulties that have plagued us for a long time, plugged the loopholes in public rental housing supervision, and made our work more precise and targeted Yang Xinwang, Deputy Director of the Supervision Department for the Use of Affordable Housing of the Beijing Municipal Commission of Housing and Urban Rural Development, said in an interview with reporters. The reporter learned that this legal supervision model was previously included in the work report of the Supreme People's Procuratorate. What is the story behind it? It was first discovered by the Shijingshan District Procuratorate during a non prosecution case involving pornography that tenants of public rental housing used it as a place for illegal and criminal activities, which drew high attention from investigators. Through a search of cases involving 'pornography, gambling, and drugs' handled by the city's procuratorial organs, it was found that this is not an isolated case Liu Li, a prosecutor from the Administrative Prosecution Department of the Beijing Municipal Procuratorate, recalled that due to the existence of data and information barriers, the competent department of public rental housing is difficult to effectively supervise the above-mentioned illegal use. After repeated research, the Beijing Municipal Procuratorate has constructed a legal supervision model for the illegal use of big data in public rental housing based on laws and regulations such as the "Management Measures for Public Rental Housing". The supervision points include engaging in illegal and criminal activities, idleness, having other affordable housing or other housing, and not meeting application conditions in public rental housing. Through collision and screening of 151875 external data and 172610 internal data, 4563 clues of illegal use of public rental housing were found. We have conducted household inspections one by one, especially for idle public rental housing. We need to identify the reasons for their idleness, and those that are idle due to objective circumstances such as illness or hospitalization will not be cleared to ensure that they have a place to live Yang Xinwang stated. In response to the problems in the use of public rental housing, the Beijing Municipal Procuratorate has issued suggestions for supervising and prosecuting administrative prosecution cases to relevant administrative agencies, suggesting strengthening institutional implementation, plugging management loopholes, and establishing information sharing mechanisms in the management of public rental housing. Administrative agencies not only actively adopt prosecutorial suggestions, but also sign a notice with prosecutorial agencies on the investigation and handling of clues related to the illegal use of public rental housing. It is reported that as of now, a total of 766 illegally used public rental housing units with a total area of approximately 35600 square meters have been reclaimed in the city, effectively promoting the effective utilization and compliant allocation of public rental housing resources. Urge 228 fake certificate holders to apply for legitimate health certificates. "Some restaurant managers found that they had been using forged health certificates for several years without being discovered, so they recommended chefs and waiters to apply for fake certificates..." Bai Chunlin, a prosecutor from the Administrative Prosecution Department of Xicheng District Procuratorate, was confused. The "Notice on Further Improving Preventive Physical Examination and Reducing Health Examination Fees for Employees" issued by the Beijing Municipal Health Commission and five other departments clearly states that from 2023, relevant employees can apply for health certificates for free. Why do they have to spend money to apply for fake certificates? The matter should start with the reverse execution case of forged documents and seals handled by the hospital. At that time, Bai Chunlin discovered that some of the suspects actively contacted catering, bathing and other business premises, inquiring whether they needed to apply for health certificates in person, and forged health certificates and physical examination reports for the relevant personnel, involving multiple districts in Beijing. We visited restaurants, barber shops, and found that verifying the authenticity of health certificates for employees is very difficult. Hospitals and medical examination institutions have stricter audits and relatively longer processing times for obtaining fake health certificates. However, obtaining a fake health certificate only requires providing information such as an ID card, and the certificate can be issued the next day without delaying work Bai Chunlin told reporters that during the investigation, the procuratorial organs found that neither the city nor the district has established a unified database of health certificates, and administrative organs are unable to distinguish between authenticity. Fake certificates are easy to get away with, so people will spend money to obtain fake certificates. In response to the above situation, the Xicheng District Procuratorate has established a legal supervision model for forged certificates and administrative supervision big data, forming a "blacklist" for purchasing fake health certificates, a "whitelist" for passing health examinations, and a "gray list" for failing health examinations, and conducting collisions to screen out employees who have obtained fake certificates but have not yet obtained real certificates, as well as those who knowingly obtained fake certificates despite not passing their physical examinations. Ultimately, 197 clues for the illegal use of public place health certificates and 150 clues for the illegal use of catering service health certificates were identified. Subsequently, the Xicheng District Procuratorate issued prosecutorial recommendations to the industry regulatory authorities, suggesting conducting substantive inspections on the health certificates of relevant practitioners in the jurisdiction and transferring clues for purchasing and selling counterfeit goods. After receiving the suggestion from the prosecutor, the administrative agency took proactive measures and has now verified and punished 41 merchants, urging 228 buyers of fake certificates to apply for formal health certificates. For a certain wood industry company, 2021 has been a difficult year to overcome the "freeze" and protect its healthy development. At that time, the legal representative of the company was included in the list of dishonest persons subject to enforcement, the bank account was frozen, and relevant procedures such as extending the operating period of Sino foreign cooperative enterprises could not be processed. Even social security contributions for employees could not be made, and the company faced the risk of dissolution. In July 2021, the company applied for supervision to the Second Branch of the Beijing Municipal Procuratorate. Why is it difficult for the company to sustain its operations? Li Xianhui, Director of the Administrative Prosecution Department of the Beijing Municipal Procuratorate, introduced that the company was established in 1993 as a Sino foreign cooperative company specializing in furniture production and assembly. At that time, its pollution prevention and control facilities were put into production without inspection. In November 2019, the administrative authorities imposed a fine of 450000 yuan on the company for its behavior of "investing without inspection". The company filed a lawsuit to the court requesting the revocation of the administrative penalty decision, which was rejected. The original judgment was upheld in both the second and retrial. The company's behavior violates the provisions of the "Regulations on Environmental Protection Management of Construction Projects" and should be fined between 200000 yuan and 1 million yuan. But we have learned that the company is no longer engaged in furniture production, and its current production and operation activities have not caused any harmful consequences such as environmental pollution. In addition, the country has repeatedly issued relevant policies for such 'pre inspection and investment' issues, mainly focusing on light handling such as notification and criticism, and improving filing Li Xianhui told reporters. In March 2023, the Second Branch of the Beijing Municipal Procuratorate submitted a protest to the Beijing Municipal Procuratorate. After comprehensive analysis, the Beijing Municipal Procuratorate believed that adopting the protest method would have a long litigation cycle, and a certain wood industry company on the brink of bankruptcy may not be able to sustain it for that long. Considering the historical background of the case, the subjective fault of the administrative counterpart, the illegal circumstances, and the practical dilemma of the enterprise facing dissolution, the Beijing Municipal Procuratorate entered the administrative organs and, based on communication with them, issued prosecutorial suggestions. The administrative agency has reduced the fine amount to 150000 yuan in accordance with the Administrative Penalty Law based on the prosecutorial suggestion. A certain wood industry company timely paid the fine, the administrative authority withdrew the compulsory enforcement application, and the court also lifted the relevant enforcement measures against the company and its legal representative. The enterprise's operation has returned to normal. (New Society)

Edit:Jia jia    Responsible editor:Liling

Source:jcrb.com

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