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Law

With the awareness of "as if I am suing", effectively handle every livelihood case

2024-03-12   

On the morning of March 11th, the Supreme People's Court held the sixth interview of the interpretation series of the "Work Report of the Supreme People's Court" during the 2024 National People's Congress and Chinese People's Political Consultative Conference. Chen Yifang, the President of the Civil First Division of the Supreme People's Court, had an online conversation with netizens about "handling people's livelihood cases as I am suing". Chen Yifang introduced that in 2023, courts across the country concluded 17.477 million first instance civil and commercial cases, including 5.391 million cases related to education, employment, medical care, elderly care, food safety, and new forms of employment, making the people truly feel that fairness and justice are around them. There is no small matter in people's livelihood, and every branch and leaf is closely related to emotions. Over the past year, how have the people's courts safeguarded the rights and interests of the people, effectively ensured people's livelihoods, and conscientiously handled cases around the people? With the development of the digital economy, emerging professions such as delivery drivers and delivery riders are constantly emerging. Chen Yifang stated that the Supreme People's Court adheres to the combination of protecting the legitimate rights and interests of workers in new forms of employment and promoting the orderly development of the platform economy. On the one hand, it releases typical cases to clarify the standards for identifying labor relations in key industries and key employment models, and to eliminate the "blind spots" that evade the responsibilities of employers through forms such as chain outsourcing; On the other hand, we support and cooperate with the Ministry of Human Resources and Social Security to strengthen industry norms, promote pilot programs for occupational injury protection, facilitate arbitration procedures, and promote more new employment disputes to be resolved better and faster through non litigation methods. Due to the issue of inconsistent judgment standards in judicial practice, some people go to "crack down on counterfeits and claim compensation" wherever they support "knowing and buying counterfeits". Chen Yifang pointed out that the Supreme Court clearly regards "reasonable living expenses" as the standard to support claims for "knowing and buying fake goods", unifies the rules of judgment, and standardizes the issue of inconsistent judgment standards for "knowing and buying fake goods" that have been delayed for more than 20 years, safeguarding the "safety on the tongue" of the people. Keeping pets is an individual's right, and managing them well is a legal obligation. Chen Yifang stated that through case studies and relevant interpretations, the Supreme Court has clarified the situation where large dogs that are prohibited from being raised cause harm to humans, and the owners and managers bear full compensation responsibility, guiding the people to raise dogs in a civilized and compliant manner. An important aspect of people's livelihood is to enable the hardworking to enjoy their work, the weak to have assistance, and the elderly, children, and women to have peace. How can the people's court promote civilized family traditions and use emotions to handle household affairs of the people? Protect the legitimate rights and interests of the "silver haired generation". Chen Yifang stated that the Supreme Court has issued typical cases to guide the healthy operation of the elderly care industry. In the case of Gu's three brothers applying for the appointment of an estate administrator, the system of estate administrators in the Civil Code was applied, socialist core values were integrated into judicial judgments, and society was guided to respect and love the elderly, and strive for excellence. This case was selected as one of the top ten cases in 2023 to promote the rule of law in the new era. Strengthen the protection of minors. Chen Yifang introduced that in 2023, the Supreme People's Court established a "three in one" mechanism for juvenile justice, integrating the protection of the legitimate rights and interests of minors; Collaborate with the Supreme People's Procuratorate, the Ministry of Public Security, and other organizations to protect the internet through dense laws, and strictly punish crimes of sexual assault against minors, clarifying a series of complex legal issues related to online sexual harassment in cyberspace; Promote the appointment and management of vice principals of the rule of law in primary and secondary schools, with 37000 judges serving as vice principals of the rule of law nationwide. In addition, actively taking the initiative to provide judicial assistance to minors

Edit:Wangchen Responsible editor:Jia Jia

Source:http://rmfyb.chinacourt.org

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