Changde's administrative procuratorial aggregate solve the urgency of the masses

There are no small things in the interests of the masses, and small cases are connected to the people's livelihood. The procuratorate of Changde City always adheres to the original intention and determination of justice for the people, and focuses on the people's "urgency and sorrow" and the difficulty of social governance. An annoying thing continues to pass on the intensity and temperature of "prosecution for private affairs".

Changde City Procuratorate: Administrative Effective Magistrates Supervision and Resolution of Demolition Dispensing for many years

Prosecutor of the Changde City Procuratorate discussed the case

"My parties are obviously registered housing property owners, but they have to prove that they are housing property owners through multiple civil lawsuits; obviously they are the objects of requisitioned by the compensation agreement, but they cannot be obtained after many civil and administrative proceedings. How can the compensation in the world have such a reason! "Tao's acting lawyer told the prosecutor of the case.

The prosecutor quickly started reviewing with the same doubts, and gradually clarified the ins and outs of the matter. In March 2017, a government decided to renovate a shantytown in a certain area. A house registered under Tao's name was located within the scope of the collection and demolition. The actual residents of the house were third -party Wu Moujia and his mother Jiang. In May 2017, Tao filed a civil lawsuit to the court, asking Wu Moujia's mother Jiang and his father Wu Mouyi to return the house and pay the rent. The court's first trial rejected Tao's claim. The next day, a supplementary office signed the "Request Compensation Agreement" with third person Wu Moujia. Since then, after many civil lawsuits and administrative lawsuits, the "Requirement Compensation Agreement" signed by a supplementary office with third party Wu Moujia was invalidated by the court, but Tao's claim that he had to obtain compensation for losses was still not supported. After many years of litigation, the dispute was still unable to solve the substantial problem, and Tao reluctantly applied for supervision to the procuratorate.

Prosecutors analyzed that the cause of the cause was the identification of the ownership of the house. After Tao and the actual resident of the house, Jiang, after two civil lawsuits, have already made an effective judgment that Jiang Mou has no evidence to prove that the house involved in the house has been purchased by the house. According to the principle of publicity of public rights, Tao, a registered house property owner, should be identified as the owner of the house. In the relevant administrative lawsuit, the court did not solve the problem of compensation and attribution on the grounds of unknown house ownership. Tao could no longer realize the relief of rights through other lawsuits, which is obviously improper. The prosecutor decisively asked the case to protest the provincial procuratorate.

In order to substantially resolve the controversy of the case, the prosecutor did not simply "resist it", but instead learned that Tao had the willingness to settle and was willing to transfer some personal rights and interests, and continued to communicate with the administrative organs and the parties. The administrative agency recognizes that the compensation of one of them is indeed improperly compensated without the dispute between the ownership of the housing, and it is stated that it will be more standardized in the future collection and compensation work. In the end, under the cooperation of the procuratorial organs and administrative agencies, the case prompted Tao and Wu Moujia and others to achieve a settlement. The parties have a successful end to the number of civil and administrative lawsuits caused by the disputed houses.

Wuling: "Public Hearing+Judicial Rescue" execution supervision to solve the difficulties for the people

Prosecutor of Wuling District Procuratorate Receives the parties

The court's effective judgment determines that the administrative organs have the obligation to review and pay, but the administrative organs have reasonable reasons to be unable to perform. What can the procuratorate do when the court ended the implementation in accordance with the law? The Wuling District Procuratorate is actively able to perform their duties. Through "public hearing+judicial assistance", there is no improper administrative behavior, but the parties do have legitimate demands to realize the substantial resolution of administrative disputes and protect the legitimate rights and interests of the parties.

In 2017, Wu Mou filed an administrative lawsuit to the Wuling District Court due to the treatment of disabled allowances and asked the administrative organs to perform their duties in accordance with the law. Payment of legal duties. After the verdict came into effect, the administrative organs had not fulfilled, and Wu applied to the court for compulsory implementation. After the court accepted, it was found that the province had not yet introduced the specific implementation rules of the province, and then ruled that the execution of the case was terminated on the grounds that the administrative organs could not determine the specific payment amount. Wu Mou sued the Changsha Railway Transport Court and Changsha Intermediate Court because of his demands that had not been resolved reasonably. After 5 years, after three courts, the problem was not effectively handled, so Wu applied to the Wuling District Procuratorate for administrative execution supervision.

After the case of the Wuling District Procuratorate accepted the case, the relevant laws and policy issues of the residual allowance treatment were fully studied. It was believed that although the province did not introduce the specific implementation rules of the relevant sick and disabled allowances. However, according to the law, Wu must have enjoyed this treatment, and Wu's demand is reasonable and legal. To help Wu Mou solve practical problems, prosecutors organized representatives of the people's congress and people's supervisors to publicly hear the case. After understanding Wu's economic difficulties due to many years of litigation, the prosecutor told Wu to apply for assistance in time and launch the judicial assistance procedure. After repeated coordination with the courts and relevant administrative agencies, it finally reached a consensus that substantially resolved administrative disputes in a "joint judicial assistance" method, and finally realized the case.

Dingcheng: Procuratorate suggested to help him end "inseparable marriage"

Prosecutor of Dingcheng District Procuratorate investigated and obtained evidence

"I finally don't have to pay my girlfriend because of this marriage certificate." Recently, with the efforts of the procuratorial organs, a case of administrative disputes that the marriage registration was difficult to remove due to falsification caused by the parties to the party 23 years ago. The party Li thanked the prosecutor.

In 1999, at the age of 23, Li met a woman who claimed to be Chen, who claimed to be Chen, and the two sides quickly developed into a love relationship. It didn't take long for marriage registration. In 2004, Chen suddenly said goodbye and lost contact.

In order to lift the marriage relationship, Li wanted to file a divorce lawsuit. When checking Chen's information, he found that Chen used a pseudonym and false ID card when he got married, and his whereabouts were unknown. Li could not provide the defendant's true identity information, and the court was difficult to file the case. As a result, Li applied to the Civil Affairs Bureau for the revocation of marriage registration on the grounds that he and the female marriage registration information of himself and the women involved in the case. The Civil Affairs Bureau stated that such situations were not a legal reasons for revocation and it was difficult to handle. In July 2020, Li prosecuted the Civil Affairs Bureau to the court and requested the order to revoke the marriage registration. Li came to Dingcheng District Procuratorate for help.

"The introduction of the introduction knows that my hukou book is written on the marriage and never see me again. I just want to find a wife to live well, but now I have tried it all the way. Li said to the prosecutor's distress.

Prosecution of divorce, application for revocation, and administrative lawsuits are unable to go. How can I solve the problem of divorce? According to the situation provided by Li, the procuratorate of Dingcheng District obtained evidence to learn about the situation from the local courts, the Civil Affairs Bureau, the neighborhood committee and the surrounding residents, read the files and marriage file materials, and check the authenticity of the identity information on the woman's marriage certificate to the police station. After fully investigating and verifying, confirming that the woman's identity information on the woman's marriage certificate was false, and she has not returned so far. According to the "Guiding Opinions on Propaging the Problem of Marriage Registration on the Method of Anti -name or fraud" jointly issued by the four departments such as the Supreme People's Court and other four departments on November 18, 2021, in July 2022, Dingcheng District Procuratorate sent procuratorial advice to the Civil Affairs Bureau to the Civil Affairs Bureau It is recommended to cancel Li's marriage registration with the woman. The Civil Affairs Bureau adopted a procuratorial suggestion to revoke the marriage registration involved, and Li Mou changed the marriage status in the household register according to this.

Shimen: Non -voicing special supervision and resolution of social support fees levy levy

The hearing scene of the Shimen County Procuratorate

In the first half of 2022, when the Shimen County Procuratorate carried out a special event for social care fees for non -complaints, it was found that four "superbors" in the area were restricted to high consumption during the county court's non -vocalization execution process, which directly affected the person's family's families. Normal work and life need to be properly handled.

In July 2021, the State Health and Health Commission issued the "Decision of the Central Committee of the Communist Party of China on Optimizing the Breakfast Development of Planning Policy to Promote the Balanced Development of the Population" clearly stated that if the issue of social maintenance fees has been imposed and completed in accordance with the law, it should be maintained; Those who have made the collection decision but have not yet been implemented, the collection part has not been refunded, and the unpaid part will not continue to be collected. After the national fertility policy has changed, after the health and health department cancels the levy of social care fees, the parties will continue to pay social support for no normal channels, nor can it be automatically lifted the loser trust limit due to the new policy.

In order to properly handle the levy problems of social care fees and effectively resolve the dilemma faced by the parties, the Shimen County Procuratorate conducted multiple communication with the county health and health bureau and county courts. In June 2022, the Shimen County Procuratorate issued a procuratorial suggestion to the county court and the county health and health bureau, and suggested that the county health and health bureau applied to the county court for the withdrawal enforcement and termination of relevant enforcement measures. The procuratorial proposal was actively adopted and implemented after issuing. At present, the court has lifted the four executives to restrict high consumption measures in accordance with laws and regulations, effectively solving the problem caused by social collection and maintenance fees for a long time to "superbors".

Correspondent: Lu Jing Sun Jing Gong Hong Qin Bin

Edit: Wang Jirong

Review: Wu Ping

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