How to defend their rights due to fire burning due to fire?Supreme Procuratorate released the latest batch of typical cases

Author:Red Star News Time:2022.09.06

On September 6, the Supreme People's Procuratorate issued a "prosecution for private affairs" -the typical cases (seventh batch) of administrative procuratorial and the people's peers (seventh batch) to guide the administrative and procuratorial department of the nation's procuratorial organs in accordance with the law. Maintain the legitimate rights and interests of retired soldiers.

Red Star News reporters were informed that there were 5 typical cases released this time, including Guo Mou's complaints of the house collection office in a city in Shandong Province to confirm the demolition behavior and administrative compensation procuratorial supervision case. Confirm the violation of the law and compensate the prosecution supervision case of the losses. An administrative penalty decision was decided to supervise the supervision, and Liu sued the prosecution supervision case of an administrative compensation of a village committee in a county in Shandong Province.

The case includes Zhao and a street office in Liaoning Province confirmed that administrative behavior was illegal and the prosecution supervision case was compensated. Zhao joined the army in 1965. After returning to his home in 1971, his personal archives were stored in a certain district office in accordance with regulations. In the early 1980s, the archives of the street office fired, causing a multi -person file, including Zhao, burned. In November 2015, when Zhao applied for the identity of returning to his hometown retired soldiers, he learned that his personal archives had been burned.

In April 2019, Zhao filed an administrative lawsuit with the people's court of a certain city on the grounds of infringing his right to knowledge, honor of honor, and returning to his hometown in a certain district, asking for confirmation of the administrative behavior of the street office illegal and compensation for compensation loss. The court of first instance rejected Zhao's prosecution on the grounds of the prosecution stipulated in the law. Later Zhao's appeal and application for retrial were rejected by the court. Zhao applied for supervision of procuratorial organs. In March 2022, the People's Procuratorate of a Municipal City handed over the case to the People's Procuratorate of a certain district.

The People's Procuratorate of a certain district was investigated and verified, and the review believes that the court rejected Zhao's prosecution on the grounds of the period that exceeded the law of the law; Relevant regulations are that Zhao meets the conditions for the treatment of the treatment of retired soldiers with illness, but the demands are rational because of the burning medical records during service, and their demands are rational. In addition, Zhao suffered from gastric disease during service. After retirement, he spent most of the savings due to gastric cancer surgery. Recently, he was diagnosed with esophageal cancer and had difficulty life. Zhao hopes to relieve the pressure of life by handling the treatment of retired soldiers with illness.

After a comprehensive review of the procuratorial organs, the procuratorial organs decided to carry out the substantial resolution of administrative disputes. The procuratorial organs have negotiated and discussed with a street office and retired military affairs bureau. A street office acknowledged the fault at work, apologized to Zhao's encounter, agreed to give Zhao a one -time cash subsidy and promised to provide long -term assistance. In addition, the Retired Military Affairs Bureau issued the retired soldiers to help the help fund according to the actual situation of Zhao; the procuratorial organs explained the law of the court's rejection of the prosecution and the legitimacy and fairness of the procuratorial supervision. The court's ruling result and signed a reconciliation agreement with the local government. According to the "Opinions on Strengthening the Judicial Rescue of Retired Military" and Zhao's application, the procuratorial organs gave their judicial assistance 10,000 yuan. Diversified rescue effectively relieved Zhao's actual difficulties. The procuratorial organs suggested that a street office strengthened archives management to avoid such incidents from happening again.

This case shows that returning to the hometowns with illness is a professional security enjoyed by soldiers in accordance with the law. The purpose is to inspire soldiers to defend the motherland and build the motherland, and it should be strongly supported by all aspects of society. The procuratorial organs conscientiously implement the concept of supporting retired soldiers to support the national defense undertakings. In response to the actual situation of "procedures empty" of administrative litigation, it is possible to review whether the administrative disputes may be resolved when the administrative act is legal. Response, the substantial resolution of promoting administrative disputes has achieved the organic unity of political, social effects and legal effects.

According to the relevant person in charge of the Seventh Procuratorate of the Supreme Procuratorate, the handling of typical cases of administrative procuratorial procuratorials accurately grasped the relevant state and local regulations, made full use of the investigation and verification, and flexibly used various ways to reduce the complaint of the parties. Drip trouble. For example, in a county transportation bureaus in Guizhou Province to apply for compulsory implementation of Zuo's administrative penalty decision, the procuratorial organs focused on the focus of controversy to organize public hearing, so that Zuo Mou, who had difficulty family difficulties, paid the fines on time, and reduced the exemptions and the right. The fines of Zuo Zuojia; on the other hand, the procuratorial suggestions were issued against the illegal situation of the relevant units, and a discussion with the county's retired soldiers' affairs bureau was held to strengthen the signing of the relevant mechanism of the legitimate rights and interests of retired soldiers, and to promote the comprehensive implementation of the retired military service protection guarantee guarantee Policies have safeguarded the legitimate rights and interests of retired soldiers, and achieved organic unity of political, social effects and legal effects.