Putuo prosecutor focuses on the protection of civil rights and interests of special groups
Author:Shanghai Putuo Time:2022.09.08
In recent years, civil subjects such as elderly people, migrant workers, disabled people, and difficult people in difficulties have often encountered cases of lawsuits and difficulty in defending rights because they are in a weak position. Article 15 of the Civil Procedure Law of the People's Republic of China stipulates that the units or individuals who are infringed by civil rights and interests have not achieved the minimum rights protection goals after performing their duties through relevant administrative agencies, social groups and other departments. If the ability is weak or dare not file a lawsuit, the procuratorial organs may support it to file a civil lawsuit with the court. In recent years, the Putuo District Procuratorate has adhered to the principle of voluntary voluntary, the principle of equality of rights, and the principle of punishment.
Wu Grandma and his wife Wang lost their independence. Wang was paralyzed in bed because of paralysis. Life could not take care of himself. Pension was the source of all the living sources of the two. In December 2021, when Granny Wu needed to go to the bank to receive the husband's pension because of his daily expenses, he was told that the bank card expired. In view of the current situation of Wang, he needed to issue the court to declare that Wang had no civil behavior and designated her to be a guardian of Wang Moumou. The referee document can handle related businesses. After learning about the situation, the prosecutor immediately contacted Grandma Wu and came to a comprehensive understanding of the case. The prosecutor believed that Wu Grando had a high age and was inconvenient to legs and feet. It was difficult to perform civil litigation activities alone, which met the prosecutor's support for prosecution. According to the provisions of the Civil Code, the prosecutor believes that as a spouse, he can apply to the court to determine that his husband is a person without civil behavior, and at the same time apply to the court to designate his guardian as a husband. With the consent of Grandma Wu, the prosecutor wrote a written application for her husband Wang as a person -free person -free person and designated Wu Grando as a guardian. After receiving the application, the court commissioned the appraisal agency to conduct judicial appraisal of Wang's civil behavior.
Invoeling the prosecutor to accompany the bank to negotiate solutions
During the epidemic, the prosecutor also continued to pay attention to the progress of the case. He maintained communication with the court and Wu Grando through telephone, WeChat and other methods to provide judicial assistance to Wu Grando for materials preparation, legal consulting, and online filing. After everything was ready, on June 13, 2022, the Putuo District Procuratorate issued a supporting prosecution to the Putuo District Court in accordance with the law. On June 15, the prosecutor participated in the online trial as supporting the prosecutor and read the opinions of support for support. On June 17, the court made a civil judgment, announcing that Wu Grando's husband was a person without civil behavior, and at the same time designated Wu Grandma to be the guardian. In addition, considering that Wu Grando's age is high and his physical condition is not good, the prosecutor has promoted Wu Grando and his niece to sign an agreement on the guardian. Wu Gran's niece also promised to often care about the old man who lost his independence.
Promoting Grandma Wu and his niece signed an agreement on the confession of the guardian
Prosecutor said that protecting the rights and interests of special groups and the substantial resolution of promoting problems is the purpose of supporting the prosecution. Considering that the applicant's application for supporting the prosecution is to urgently need to hold the referee documents of the court to designate the relevant card to go to the bank to go through the relevant card exchange procedures to receive the pension of his spouse. The organizer went to the bank to communicate with the person in charge many times and actively negotiated the solution. Eventually, the applicant first received the balance of the bank card to solve the urgency of his life.
Granny Wang is a retired return person who has signed long -term contracts with a vocational skills training school. Since 2019, the school has owed Wang Grando's salary for various reasons for various reasons for the turnover of funds. Due to the lack of legal knowledge and channels, it became a heart disease of Grandma Wang for his salary for himself. In November 2021, the civil prosecutor of the Putuo District Procuratorate learned about the situation after receiving the clue, and he learned to Wang Po. After the review, it was determined that it met the prosecutor's support for prosecution. Through multi -party investigation and evidence, the prosecutor uses the relevant documents issued by the district social security center as a key evidence to prove that Grandma Wang and the training school are the labor contract relationship. Putuo District Procuratorate made a decision to support prosecution. On December 28, the prosecutor went to the Putuo District Court to jointly participate in the mediation of the court. After the joint interpretation and mediation of the Putuo District Court, the two parties reached a settlement agreement and agreed to train the school to pay Wang Grando's arrears. On the same day, Granny Wang asked his own salary.
At the beginning of 2020, the neighbor of the bottom floor built a cap anti -theft fence during the decoration patio. The thief brought a safety risk to Zhao Grando's family by climbing fences to the second floor. After negotiating with neighbors for many times, Zhao Grandma filed an application for supporting prosecution to the procuratorate. The procuratorial organs reviewed that Granny Zhao suffered from first -level disability in vision and weak litigation capabilities, and met the legal conditions of supporting prosecution. He accepted the case on June 28, 2021 and carried out a detailed investigation and verification work. Prosecutors believe that this is a typical case of civil disputes of neighborhood relationships. The residents on the first floor installed stainless steel anti -theft colors in their patio without permission. The inconvenience of daily life has pose a threat to the safety of her and her family. After the investigation and evaluation, the prosecutor believed that she could support Zhao as an individual who was damaged by civil rights and interests to the Putuo District Court. After the case was filed, the prosecutor found that the reconciliation between the two parties and solving the conflict was the best effect. Therefore, the prosecutor participated in the pre -mediation process of the court in advance to promote the resolution of contradictions and disputes at the source. On September 2nd, on the day of the trial, the Procuratorate of Putuo District sent a court to read a support for support for prosecution. After the prosecutor patiently communicated and explained the law, the residents of the bottom floor finally realized that they should bear the responsibilities. protocol. On September 4 of the same year, the prosecutor conducted a follow -up visit to confirm that the residents of the bottom floor fulfilled the reconciliation agreement and demolished some fences. After applying for Zhao Awang, the Putuo District Court ruled that Grandma Zhao was allowed to withdraw the prosecution. Prosecutors patiently communicate repeatedly, interpretation and reasoning
Since 2021, the Putuo District Procuratorate has handled a total of 23 support for prosecution, involving the application for designated guardians, recovering labor compensation disputes, responsibility for motor vehicle traffic accidents, and disputes in adjacent relationships. By supporting the prosecution to help the parties overcome the difficult factors facing litigation rights, substantially resolve civil disputes, and effectively protect the legitimate rights and interests of special groups. (Reporter Xue Song)
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