The Supreme People's Procuratorate reports on the phased implementation of the "Prosecution and Protection of People's Livelihood" special action
2024-08-13
According to the WeChat official account of the Supreme People's Procuratorate on the 12th, in order to take the initiative to fulfill the mission of procuratorial work for the early Republic of China, to serve the overall situation, to serve the people's justice, and to take responsibility for the rule of law, the Supreme People's Procuratorate Group will deploy and carry out the special action of "protecting people's livelihood" in the procuratorial organs across the country in February 2024. The national procuratorial organs, based on the 11 action priorities determined in the implementation plan, closely integrate with local realities, focus on key populations, highlight key areas, and continue to make procuratorial work for the people that the people can feel, experience, and benefit from. The report on the implementation of the "Protecting People's Livelihood" special action phase is as follows: (1) The protection of the rights and interests of specific groups has been continuously strengthened, so that the people can feel, feel, and feel fairness and justice. Firstly, we will support and prosecute effectively, ensuring that vulnerable groups enjoy and effectively exercise their right to sue in accordance with the law. The Supreme People's Procuratorate, together with the Supreme Court, has formulated normative documents to support prosecution, closely adhering to the positioning of "support" and the principle of "necessity". For specific groups with limited litigation ability such as migrant workers, disabled persons, and the elderly, they will support prosecution in accordance with the law and effectively safeguard their legitimate rights and interests. Since the launch of the "Prosecution and Protection of People's Livelihood" special action, procuratorial organs across the country have accepted and supported more than 49300 cases for prosecution. After review, more than 34600 cases were supported for prosecution, accounting for 74.8% of the total number of cases concluded, including more than 23500 cases supported by migrant workers for prosecution. The Jilin procuratorial organs have handled more than 1000 cases of support and prosecution for migrant workers seeking wages, minors, the elderly, disabled people, and women who have suffered domestic violence, a year-on-year increase of 148.7%, helping various vulnerable groups recover economic losses of more than 19 million yuan. The Tongjiang City Court in Heilongjiang Province has opened up a "green channel" for safeguarding rights, supporting 195 migrant workers to sue for salary and rights protection, helping to obtain fixed evidence in other places, and using "supporting prosecution+judicial mediation" to help recover more than 5.88 million yuan in salary. The procuratorial organs in Beihai, Fangchenggang, Qinzhou, Guigang and other places in Guangxi have established a cooperation mechanism with Beihai Maritime Court to support the prosecution of disputes related to crew labor contracts, based on the characteristics of the border and coastal areas. So far, they have supported 37 cases of crew members seeking labor remuneration. The Inner Mongolia procuratorial organs handled 117 cases of wage support lawsuits for farmers, herdsmen, and migrant workers, helping to recover 2.116 million yuan in unpaid wages. Secondly, we will continue to strengthen the protection of workers' salary rights and interests. The procuratorial organs across the country have prosecuted more than 420 suspect who have been ordered to pay but still refuse to pay because of their atrocious circumstances and serious consequences, supervised the public security organs to file more than 60 cases, and recovered more than 54 million yuan of salary arrears; More than 2600 labor dispute cases were handled, including over 480 supervisory opinions submitted to the court, such as protests and suggestions for retrial prosecution; We have promoted the big data supervision model for the payment of wages to migrant workers in the field of engineering construction nationwide, handling over 4500 administrative supervision cases related to the protection of workers' rights and interests. Among them, we have submitted over 580 supervisory opinions such as administrative protests and prosecutorial suggestions to the court, and over 570 prosecutorial suggestions to administrative agencies. On the eve of International Labor Day on May 1st, the Supreme People's Procuratorate issued a typical case of comprehensive protection of the legitimate rights and interests of workers, involving the work of the "four major procuratorates", actively guiding localities to strengthen the protection of workers' rights and interests. The Supreme People's Procuratorate and the All China Federation of Trade Unions have established a collaborative mechanism and jointly issued documents such as the "Minutes of the Meeting on Collaborative Protection of the Legitimate Rights and Interests of Workers", the "Notice on Collaborative Promotion of the Use of the" One Letter, Two Books "System to Protect the Rights and Interests of Workers", and the typical case of "Leveraging the Function of Administrative Procuratorial Supervision to Help Eliminate Wage Arrears". Various regions actively fulfill their duties in accordance with the law and continuously strengthen the protection network for workers' rights and interests. For example, provincial institutes such as Anhui, Zhejiang, Shanghai, Tianjin, Hubei, Guizhou, Jiangxi, etc. have actively established collaborative and cooperative work mechanisms with the Provincial Federation of Trade Unions; The Henan Luohe Municipal People's Court fully utilized its public interest litigation function, promoted the strict implementation of the "eight systems" for the payment of wages to migrant workers by administrative organs, urged the general contracting units of construction projects under construction in the city to handle 39 guarantees for migrant workers' wages in accordance with the law, offset 86.76 million yuan of migrant workers' wage deposits, and jointly recovered more than 14 million yuan of unpaid migrant workers' wages with public security organs. Thirdly, we will continuously increase the protection of flexible employment and the rights and interests of workers in new business formats. The national procuratorial organs have filed and handled more than 350 public interest litigation cases in the field of protecting the rights and interests of workers, including more than 120 cases related to the protection of the rights and interests of agricultural workers, new industry workers, disabled workers, and more than 230 cases related to the protection of special rights and interests of female workers. The Supreme People's Procuratorate directly handled the takeaway rider's rights and interests protection project, urged Internet enterprises to optimize the "algorithm" of the distribution and reward and punishment mechanism, standardize employment relations, implement the emerging occupational injury protection insurance, etc., and guided Internet enterprises such as "Meituan" and "Yilemi" to release the rider's rights and interests protection report. Beijing, Liaoning and other procuratorial organs have carried out prosecutorial supervision on the "algorithm" of food delivery platforms, while Shanghai and Guangdong have expanded and deepened the safety supervision of electric bicycles for food delivery riders. The fourth is to further deepen the protection of the rights and interests of minors. The national procuratorial organs have approved the arrest of more than 16400 cases of crimes against minors and more than 20100 people, with a year-on-year increase of 22.1% in the number of arrests; More than 18000 cases of crimes against minors have been prosecuted, involving over 24000 individuals, with a year-on-year increase of 24.58% in the number of prosecutions. Actively safeguard the legitimate civil and administrative rights and interests of minors through judicial means such as issuing "supervision and guardianship orders", revoking guardianship qualifications, supporting lawsuits, and filing public interest lawsuits. The national procuratorial organs have issued more than 11000 "supervision and guardianship orders", including more than 8600 "supervision and guardianship orders" issued to guardians of minors involved in crimes, more than 2200 "supervision and guardianship orders" issued to guardians of minor victims, and more than 100 "supervision and guardianship orders" issued to guardians of minors involved in civil cases; Received over 1940 civil support lawsuits for minors, and supported over 1580 lawsuits after review; More than 4010 cases of public interest litigation for the protection of minors have been filed, and more than 2430 pre litigation prosecutorial suggestions have been put forward in administrative public interest litigation. Fifth, we will continue to strengthen the protection of the rights and interests of specific groups such as women, the elderly, and people with disabilities. The national procuratorial organs continue to deepen the protection of the rights and interests of specific groups such as women, and have filed and handled more than 2000 administrative procuratorial supervision cases and over 700 public interest litigation cases in the field of women's rights and interests protection. The national procuratorial organs have set up a dedicated reception window for the protection of women's and children's rights and interests at the 12309 procuratorial service center, implementing a "one window direct" approach for five types of complaints and appeals involving judicial protection of women's and children's rights and interests, ensuring priority reception, timely transfer, and lawful handling. The Supreme Prosecutors Office held an open day for prosecution with the theme of "Rule of Law Guarding Half of the Sky, Joining Hands to Build a New Era", telling the whole society about domestic violence "anti killing" legitimate defense cases and releasing typical cases of sexual assault on women; Jointly issued with the All China Women's Federation typical cases of judicial assistance involving "5+2" disadvantaged women. Procuratorial organs at all levels have focused on addressing issues related to women's equal employment rights, labor and social security rights, the rights of members of rural collective economic organizations, and the implementation of anti domestic violence related institutional mechanisms, and have handled a number of cases with significant supervisory effects. The Heilongjiang Provincial People's Court and the Provincial Department of Civil Affairs have strengthened the connection between administrative law enforcement and prosecutorial supervision, increased the crackdown on fraudulent activities to obtain marriage registration, and strictly prevented the occurrence of impersonation or fraudulent activities to obtain "incremental" marriage registration. Efforts will be made to implement the "Eleventh Procuratorial Proposal" with high quality and efficiency in various regions, continuously ensuring the legitimate rights and interests of the elderly, and guarding the most beautiful "sunset red" with the "Procuratorial Blue". Chongqing Municipal Hospital is investigating the issue of public medical institutions failing to comply with local regulations requiring exemption from ordinary examination fees for the elderly, in order to ensure the implementation of local elderly friendly policies and reduce the burden of medical treatment for the elderly. Procuratorial organs in Hebei, Henan, Guangdong, Xinjiang and other places have launched public interest litigation cases to address food safety, fire safety, and accessibility issues in elderly care institutions, providing protection for the elderly. The Xiaoyi City Institute in Lvliang, Shanxi Province has developed and constructed a legal supervision model for illegal receipt of pension funds, and discovered more than 110 clues in the case. Through the issuance of prosecutorial suggestions, relevant departments have been urged to recover 1.61 million yuan of illegally received pension funds. Various regions actively focused on the prominent illegal issues in the construction of barrier free facilities, information exchange, and social services, and carried out public interest litigation supervision. A total of 1616 public interest litigation cases related to the construction of barrier free environments were filed and handled, a year-on-year increase of 165.79%. Tianjin Municipal People's Court has urged administrative agencies to fully fulfill their duties in accordance with the law for 11 medical accessibility needs of the hearing-impaired, visually impaired, and physically disabled groups. Qinghai Provincial Hospital has urged administrative agencies to improve the accessibility of emergency rescue systems for individuals with hearing and speech impairments due to the limited support of voice calls in 120 medical emergencies within the province, which makes it difficult to protect their rights to call for help independently. Sixth, we must resolutely safeguard national defense interests and the rights and interests of military personnel, their families, heroes, and martyrs. The national procuratorial organs have approved and decided to arrest more than 50 cases and more than 50 people for crimes that harm national defense interests, and have prosecuted more than 70 cases and more than 110 people; Approved and decided to arrest 11 cases and 11 individuals involved in the crime of sabotaging military marriages, and prosecuted over 20 cases and 20 individuals; Four cases and four individuals were prosecuted for crimes that infringed upon the reputation and honor of heroes and martyrs in accordance with the law; More than 1020 public interest litigation cases related to national defense interests, military personnel and their families, and the rights and interests of heroes and martyrs have been accepted, with over 920 cases filed, including over 900 administrative public interest litigation cases and 11 civil public interest litigation cases; More than 460 prosecutorial suggestions were issued, and 7 lawsuits were filed. The Supreme People's Procuratorate has issued the "2024 Work Plan for Procuratorial Public Interest Litigation Military Civilian Collaborative Case Handling" and released typical cases (events) of procuratorial organs lawfully safeguarding national defense interests and the legitimate rights and interests of military personnel and their families, guiding the whole society to continuously strengthen the awareness of safeguarding national defense interests and supporting the military and their families, and continuously strengthen the protection of martyrs. The procuratorial organs in Tai'an, Shandong carried out public interest litigation for the protection of the rights and interests of martyrs in accordance with the law, cooperated with relevant departments to relocate 227 unnamed martyrs to martyrs' cemeteries, renovated more than 1300 martyrs' tombs, and protected the "revolutionary red" with the "procuratorial blue". Seventh, we will continue to deepen the work of judicial assistance for parties who have encountered difficulties in their daily lives due to the case. The national procuratorial organs have accepted a total of 21000 cases of judicial assistance, decided to assist 18000 cases and more than 20000 people, and issued assistance funds of 180 million yuan. The Supreme People's Procuratorate focuses on the protection of the rights and interests of key groups such as minors, the elderly, disabled people, retired soldiers, and rural women in need, and issues typical cases of complaints, appeals, and prosecution related to people's livelihoods; Together with the Ministry of Public Security, we have formulated the "Opinions on Establishing and Improving a 'One Stop' Case Handling and Assistance Mechanism for Criminal Cases of Sexual Assault on Minors". Adhere to the principle of being most beneficial to underage victims and focus on strengthening comprehensive assistance. While actively implementing economic assistance, relevant departments such as civil affairs, education, and women's federations are working together to assist in carrying out life arrangements, helping to return to school, conducting psychological assessments and counseling, actively guiding and connecting with social assistance, effectively helping minors to quickly get rid of the shadow of victimization and return to normal life. Procuratorial organs in various regions give priority to accepting and handling cases of judicial assistance for military personnel and their families, actively explore the "1+N" diversified assistance model, and timely issue judicial assistance funds. Zhejiang has promoted the work of "paying attention to disadvantaged women and strengthening special judicial assistance", providing assistance to 371 disadvantaged women in the province with a total amount of over 1.9 million yuan. (2) The continuous strengthening of prosecutorial supervision in key areas effectively serves the high-quality development of the economy and society. Firstly, it is necessary to coordinate the prevention and resolution of financial risks in key areas. The Supreme People's Procuratorate has issued typical cases of civil procuratorial supervision related to real estate disputes, guiding procuratorial organs at all levels to handle more than 2120 civil procuratorial supervision cases related to real estate, and proposing more than 220 supervisory opinions such as protests and retrial suggestions. The procuratorial organs of Hunan Province have properly handled the series of illegal fundraising cases related to the "Sheng Da Jin Xi" event. The Provincial Procuratorate, together with the Provincial High Court and the Provincial Public Security Department, has issued a document to properly handle the cases involving the public