Help the parties get out of the "vortex" of procedure idling

2023-03-07

After saying goodbye to the child who is about to return to the university campus, Ms. Li resumed her life of running between the unit and the hospital - taking care of her lover in the hospital bed while working. "Although still busy, compared with the previous years, I have solved a worry, and the burden in my heart has been reduced by more than half." Ms. Li said. In 2016, Ms. Li's husband collapsed at work and was sent to the hospital, and is still under treatment. Ms. Li applied for the recognition of industrial injury for her husband, and the Human Resources and Social Security Bureau made a decision not to recognize the industrial injury. Subsequently, she sued the court. The court ruled that the Human Resources and Social Security Bureau should re-affirm, but the Human Resources and Social Security Bureau still did not. Ms. Li filed a lawsuit twice, and the result was the same. For more than five years, Ms. Li was trapped in "program idling". "It's like a cycle, going a long way and returning to the starting point, helpless and exhausted." She told the reporter that until the procuratorial organ intervened, it pressed the "end button" for this cycle - the procuratorial organ carried out substantive resolution of administrative disputes according to law, urged the Human Resources and Social Security Bureau to recognize Ms. Li's husband's work-related injury again, and helped her get the work-related injury compensation payment. In recent years, like Ms. Li, more and more people have unloaded the burden of "procedure idling" - since November 2019, the procuratorial organ has promoted the substantive resolution of more than 33000 administrative disputes, including more than 1600 administrative disputes for more than 10 years and more than 400 administrative disputes for more than 20 years, making "closed cases" become "closed cases". Back to the beginning, why does the Supreme Inspection Department grasp this work? What new breakthroughs are there now? From the special to the normal, and then to the necessary procedure reality, some administrative cases are repeatedly entangled in whether they meet the conditions for prosecution and filing. After administrative reconsideration and the court's first, second, and retrial procedures, some have even been sent back for retrial. For several years or even more, they have not entered the substantive trial process. The procedure has been completed, but the litigation has not been resolved, affecting the sense of gain of the masses. Since the establishment of the Seventh Procuratorial Office of the Supreme Procuratorate in 2018, the Supreme Procuratorate has firmly promoted the substantive resolution of administrative disputes with unprecedented determination and strength in response to the urgent problem of "procedural idling" in administrative litigation, which the people are looking forward to. In 2019, an administrative dispute case that lasted for more than 30 years was substantively resolved through the Supreme Court's protest in the theme of "not forgetting the original intention and keeping in mind the mission" education, and became a vivid teaching material for the procurators to carry out the profound education of "doing practical things, seeking the best, solving difficult problems, and preserving the essence" - the "procedural idling" and administrative dispute solving problems reflected in the case, The Supreme Procuratorate Party Group clearly pointed out that "when handling administrative procuratorial cases, we should not simply emphasize that they have been 'handled according to law' and 'procedures are proper'. Rather, we should integrate law, reason and emotion to solve the actual problems of the people." Immediately, the Supreme Procuratorate carried out the special activity of "strengthening administrative procuratorial supervision and promoting the substantive resolution of administrative disputes" in the national procuratorial organs from November 2019 to December 2020. In this special event, 6304 administrative disputes were substantially resolved through flexible use of the work methods of the Supreme Procuratorate, the Supreme Procuratorate, the leaders of the courts at all levels, the public hearing, and judicial assistance. Since then, administration

Edit:Ying Ying    Responsible editor:Zhou Shu

Source:jcrb.com

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