Seizing the People's Hearts and Urgent Livelihood, Realizing Prosecutors for the People - Record of the Special Action of Prosecutorial Organs on "Protecting Livelihood"
2024-06-14
Throughout the 75 years of the Republic, people's livelihood has always been the foundation of the CPC's governance and governance. "Chinese path to modernization, people's livelihood is great." As a procuratorial organ under the absolute leadership of the CPC, how can we further improve procuratorial work for the people and better meet the people's higher requirements for democracy, rule of law, fairness, justice, security, environment, etc. in the process of promoting Chinese path to modernization? Since the beginning of this year, under the deployment of the Supreme People's Procuratorate, the national procuratorial organs have been vigorously carrying out the "Inspection and Protection of People's Livelihoods" special action, which is tirelessly exploring and focusing on the prominent livelihood issues of key groups such as women, the elderly, minors, and people with disabilities for this era. Procuratorial supervision is deepening the protection of the rights and interests of specific groups. The Secretary of the Party Group and the Chief Prosecutor of the Supreme People's Procuratorate should bravely emphasize that "safeguarding people's livelihoods" should take enhancing people's well-being as the fundamental goal. The autumn of 2021 has left an unforgettable impression on Yang Yujie, a police officer of the Hohhot Procuratorate in Inner Mongolia Autonomous Region. "They are all my father's biological flesh and blood. Why can my younger brother receive compensation, but my older sister cannot?" 9-year-old girl Xing Xing (pseudonym) timidly hides behind her mother, listening to conversations between adults. "She doesn't dare to look directly into others' eyes and lacks confidence when communicating with them." Yang Yujie recalled that at that time, Star's father had passed away for more than two years, and the unfair compensation judgment made Star's mother very anxious, which seemed to have made Star lack a sense of security. Xingxing and his younger brother Chenchen (pseudonym) are twins born to Na and Li. In 2018, Na and Li divorced, and Star awarded to their mother Na and Morning awarded to their father Li. Unfortunately, Li died in a car accident in 2019. Xingxing's grandparents and Chenchen filed a lawsuit against the perpetrator and insurance company, requesting compensation and listing Xingxing as a third party. The court ruled in the first instance that the defendant should compensate their grandparents and Chenchen with 880000 yuan, but Xingxing did not receive a penny. Star (represented by Na) applied for retrial to the Higher Court of the Autonomous Region but was rejected. So, Xing Xing, his mother, and lawyer came to the procuratorate to apply for supervision. During the process of reviewing the case, the prosecutor learned that the custody of Chen Chen had been changed to the name of Na, who was a laid-off worker with a monthly income of only over 2000 yuan, and the financial pressure of living with his two children was significant. After his father's death, Star was sensitive and fragile in his heart. "We must fight for the rights and interests of the star within the legal framework, give the child an explanation, and not let her grow up with grievances." After providing psychological counseling to the star, the prosecutor also strengthened his belief. The original judgment determined that Xingxing had no right to participate in the distribution of father's compensation on the grounds that each parent raised their child when they divorced. After examination, the Hohhot Procuratorate believes that after the parents divorce, whether the children are directly raised by the father or mother, the other party still has the right and obligation to raise and educate the children. Xing Xing was a dependent of Li before his death, and as his legitimate daughter, he has the right to request compensation for living expenses. Upon request by the Hohhot Procuratorate, the Inner Mongolia Autonomous Region Procuratorate filed a protest with the Autonomous Region High Court. The Higher Court of the Autonomous Region adopted the objection opinion of the procuratorial organs and ruled in April 2023 to revoke the original judgment and remand it to the original court for retrial. The original court ruled in August of the same year that the defendant should compensate Xingxing. Due to Li's car accident being on the way to work and involving the issue of dividing the work-related death allowance in a separate case, after the court's effective judgment on the division of shared property, Xingxing and Chenchen received a one-time work-related death allowance of 390000 yuan from their father. In order to maintain a harmonious relationship among the three generations, the procuratorial organs have specifically explained the law and reasoning to the children's grandparents in detail. Finally, with the cooperation of the elderly couple, the two cases were merged and executed. In April of this year, after being lawfully enforced by the court, Xingxing and Chenchen received a total of 740000 yuan in compensation. Nowadays, Xingxing is the "top student" in sixth grade of the school. One day, I came to the procuratorate again with a handwritten thank-you letter from Xingxing. "The uncle and aunt of the procuratorate are like angels, presiding over fairness and justice for me. I want to become a responsible, caring, and just person like you. I will always remember the help and strength you have brought me..." "One old and one young", connected to the "sunset" at one end and the "sunrise" at the other, involving thousands of households. In the special action of "safeguarding people's livelihoods", procuratorial organs in various regions have focused on prominent livelihood issues of a certain group of people, weaving a comprehensive and multi-dimensional protection network, which is particularly evident among the elderly population - focusing on elderly people who are facing difficulties in protecting their rights, such as being afraid, unable, and unable to sue. Procuratorial organs have made full use of civil support to sue, helping "silver haired" people to seek salaries, recover alimony, and personal injury compensation; Strengthen the supervision of litigation, property, medical care, retirement benefits, pension payments, medical insurance subsidies for low-income elderly, and elderly care services related to the elderly; Strictly crack down on illegal fundraising and elderly care fraud, enter communities and elderly care institutions to carry out legal publicity, and help elderly people protect their pension funds; Collaborate with civil affairs, health, fire and other departments to deepen the supervision of elderly care institutions, and jointly promote safety supervision in areas such as fire protection, accessible facilities, and food hygiene; Promote pharmaceutical companies and others to carry out aging friendly modification of drug instructions to ensure the safety of medication for the elderly; Focus on hot topics - strengthen the protection of the rights and interests of workers in new forms of employment, and carry out public interest litigation work related to food and drug safety in new online business forms. Among the top 10 live streaming e-commerce industry anchors in the city, 9 are women, and among the top 50 anchors in the industry belt, women account for 94%... In Changshu, Jiangsu, the "highland" of live streaming e-commerce, female anchors occupy the majority of the country. However, behind their glamorous appearance, they also have an unknown sadness. "I'm pregnant, but the company fired me when they found out. What should I do?" In February of this year, a call made to the Changshu Women's Rights Protection Public Service Hotline caught the attention of the Changshu Public Interest Litigation and Handling Team. "The operator informed her to seek legal protection through the Labor Dispute Arbitration Court, but has her issue been resolved?" Prosecutor Liu Xin from the city's procuratorate visited the Labor Dispute Arbitration Court with the case handling team and contacted Ms. Wang who called. "To be honest, the Labor and Personnel Dispute Arbitration Court won me 40000 yuan of compensation, which is not a small amount. But my sudden dismissal also brought me unemployment during pregnancy, insurance continuity and other issues. Moreover, the terms of the company's labor contract also infringed on the legitimate rights and interests of other sisters." On the other end of the phone, Ms. Wang's confession deeply touched Liu Xin. The investigation team verified that the e-commerce company that fired Ms. Wang and the employee signed a labor contract with a term of 2 years, but a probation period of 6 months. They also agreed to directly replace overtime pay with compensatory leave, which is a common unreasonable clause in the company's labor contract. The investigation team believes that the labor contract terms of the company have infringed on the legitimate rights and interests of female employees. On February 27th, the Changshu Procuratorate issued prosecutorial suggestions to relevant functional departments. After receiving the prosecution's suggestion, the relevant functional departments immediately interviewed the company involved, requiring them to establish legal labor relations and increase their care for female employees, especially those in the "four periods" (menstruation, pregnancy, childbirth, and lactation). In addition, the hospital promotes self inspection and self correction of similar enterprises, and currently all enterprises in the jurisdiction have improved special protection clauses in labor contracts. Nowadays, the Changshu Procuratorate has established an enterprise inspection service center in the live streaming e-commerce service center, formulated a list of women's labor rights and interests, and designated March as the protection month for female employees, regularly carrying out legal publicity. Is the lack of protection for the rights and interests of women workers in the new industry an isolated or common phenomenon, as the labor methods of workers in the new industry are flexible and diverse, and there is uncertainty in the protection of their rights and interests? Liu Xin and the case handling team reviewed over 50 labor rights disputes related to new business formats in the city over the past three years and found that the number of cases involving live streaming e-commerce has been increasing year by year. Among them, 30% of disputes were caused by issues such as the dismissal of female employees during pregnancy and inadequate special protection clauses for female employees in labor contracts. In response to this, the Changshu Procuratorate and the Municipal Federation of Trade Unions have established cooperation mechanisms such as clue transfer, information sharing, and case handling cooperation. They have also set up a "Legal Reception Hall" for safeguarding the rights and interests of workers in new industries at the Cultural Palace of the Municipal Federation of Trade Unions, providing legal aid, assistance, and psychological counseling services on a regular basis. Live streaming e-commerce, as a new productivity in the digital economy era, not only opens up new sales and marketing channels for merchants, but also provides consumers with a more intuitive and authentic shopping experience. However, in recent years, food live streaming sales have frequently "overturned", exaggerating false advertising, inducing consumption, and safety hazards have become the focus of consumer complaints. While strictly cracking down on the production and sale of toxic and harmful food and counterfeit goods in accordance with the law, local procuratorial organs focus on special supervision of food safety issues in new business areas such as community group buying, online marketing, live streaming sales, and delivery chaos. From January to May this year, the procuratorial organs handled 474 administrative public interest litigation cases in the field of food and drug safety related to the new Internet business. In addition, in view of the phenomenon that some "store exploring videos" with the nature of Internet advertising exaggerate the publicity and mislead consumers, the procuratorial organ made and issued procuratorial suggestions to the administrative supervision department according to law, urged them to perform their duties according to law, "navigated" the development of new businesses, and "escorted" consumers. Cracking Difficulties - Strengthening Procuratorial Supervision in the Field of Social Insurance and Carrying out Special Rectification of Medical Insurance Fraud Crimes. The social security fund is the "life-saving money" and "life-saving money" of the people, and the safety of the social security fund is related to the vital interests of millions of insured persons. In recent years, social security fraud crimes have occurred frequently. These cases are complex, highly covert, difficult to detect and investigate, and have become a "weakness" in the supervision of social security funds. However seamless the crime may be, it will eventually be difficult to escape justice. One day in September 2021, Tan fell while riding a motorcycle on Liu, and immediately took Liu to the hospital for treatment. During this time, Tan Moufan contacted his daughter Tan Mouying to the hospital and proposed to tell the doctor that Liu was injured in a fall, rather than in a vehicle driven by Tan Moufan. Tan Mouying agreed and signed the "Chongqing Medical Insurance Injury Reason Commitment Letter" while handling the hospitalization procedures, fabricating the cause of Liu's injury. In the end, Liu was able to reimburse more than 12000 yuan for medical insurance. Two years later, during the review of the judgment results, the Shizhu County Procuratorate in Chongqing discovered the fact that Liu had violated the reimbursement regulations through the 2022 civil judgment of Liu v. Tan for personal infringement damages. The clues were quickly transferred to the county medical insurance bureau for investigation. In response to the problems exposed in the case, the Shizhu County Procuratorate constructed a "supervision model for urging the recovery of medical insurance funds that should not be included in overall payment" based on medical insurance reimbursement data and court personal infringement case data, and screened 15 relevant case clues. This year, the Chongqing Procuratorate included the supervision of medical insurance funds that should not be included in the overall payment in the implementation plan of the "Check and Protect Livelihood" special action of the procuratorial organs in the city, and promoted the legal supervision model of the Shizhu County Procuratorate throughout the city. According to statistics, since the beginning of this year, the procuratorial organs in Chongqing have handled 33 cases related to medical insurance, recovered losses of more than 3.24 million yuan from medical insurance funds, and issued 7 procuratorial opinions to the Health Commission, medical and health institutions, and medical insurance bureaus. To continuously strengthen the supervision of medical insurance funds and maintain the security of medical insurance funds
Edit：Jia jia Responsible editor：Liling
Source：jcrb.com
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