Civil administrative procuratorate
Xuancheng, Anhui: "Small incision" legal supervision to help serve the "people's livelihood"
Time: December 29, 2022 Author: News source: [Font size: large | in | Small

The key to governance is to pacify the people.

From April to December this year, the People's Procuratorate of Anhui Province decided to carry out 5+N series of "small special" activities in the procuratorial organs of the province, Require local procuratorates to carry out in-depth development Guarding "sunset red", guarding "half the sky", helping to eradicate wage arrears, protect the rights and interests of market players and clean up "shell companies" In addition to the five special supervision activities, Actively combine local conditions and carry out special supervision activities with local characteristics.

From the deployment of troops to the grass-roots level, Xuancheng procuratorial organs implemented "5+N" with the awareness of "a game of chess", Actively perform their duties to promote the procuratorial supervision of five "small special projects" plus compulsory isolation drug rehabilitation implementation activities, While helping to build a government ruled by law and create a business environment ruled by law, the "wind of rule of law" has gradually penetrated into the hearts of the people.

The procuratorates at both levels of Xuancheng City set up the leading group for the special activity of comprehensively deepening the administrative procuratorial supervision to protect the people's livelihood and interests according to law at the first time. The municipal procuratorate plays the main role, accurately analyzes, studies and judges, and grasps the direction of handling cases; Grass roots procuratorates focus on one or two areas in combination with local conditions, and focus on effective promotion; The horizontal cooperation, information exchange and mutual integration of all departments have achieved the effect of "unification from top to bottom, internal integration and overall planning", and drawn a picture of "benefiting, benefiting and serving the people"——

Focus on people's livelihood and interests

Guarding "Sunset Red" and Building "Half the Sky"

Protecting the legitimate rights and interests of the elderly and women is not only related to the people's livelihood and interests, but also reflects the humanistic feelings, which helps to promote social harmony and lead social fashion.

The procuratorial organs of the whole city focus on the administrative dispute cases involving the elderly and related criminal cases of infringement of women's rights and interests, focusing on the key areas and situations such as rural elderly support, the standardized establishment and safe operation of elderly care institutions, infringement of elderly personal information, impersonation or fraud in marriage registration, and promote the effective implementation of the 5+N special action, Cooperate with relevant administrative departments to protect "sunset red" and build "half the sky"——

From June to July 2022, Ningguo People's Procuratorate United with Ningguo Municipal Market Supervision Administration to carry out the special supervision activity of guarding the "sunset red" in the area under its jurisdiction, taking the elderly care institutions in the area under its jurisdiction as the object of inspection, focusing on food safety and other aspects of elderly care institutions. Since the launch of the special activities, the inspection team has visited several township and street elderly care institutions in the jurisdiction for on-site inspection. In view of the problems found in the special activities, report to the relevant departments in a timely manner, promote the "urban management" by "self management", and jointly promote the standardized management of elderly care institutions.

Xuanzhou District People's Procuratorate and Jixi County People's Procuratorate During the case handling, it was found that the communication service personnel at the business agent points of several communication companies used their personal information, such as multiple citizen mobile phone numbers and verification codes, to register network platform accounts or sell them to others without the consent of others, and made illegal profits. The victims in the case are generally middle-aged and elderly people. The victims are not aware of the malicious registration of various network software and often receive harassing text messages and calls, which seriously infringes the legitimate rights and interests of middle-aged and elderly people. In this regard, the two procuratorates issued procuratorial suggestions to the communication company, suggesting that the communication company strengthen self-discipline in the industry, formulate internal network security management system and operating procedures, and implement network security protection responsibilities. At the same time, strengthen the management, publicity and education of the communication service personnel of mobile companies, and effectively protect the personal information of citizens.

Guangde People's Procuratorate and Jing County People's Procuratorate For the cases of infringement on the rights and interests of disabled women found in the performance of duties, the social governance procuratorial suggestions were formulated and issued to the relevant units, suggesting them to further implement the responsibility system for women's protection and comprehensively explore the jurisdiction a disability The situation of women shall be filed and registered, and the form of "one-to-one" or "many to one" assistance shall be implemented; Strengthen the publicity of laws and policies, so as to establish a safe social living environment for the disabled women

In the special supervision, the procuratorial organ of Xuancheng City, with the help of the working mechanism of "government procuratorial linkage" and the special action to crack down on old-age fraud, actively visited the Disabled Persons' Federation, the courts, civil affairs and other departments to learn about the situation while carrying out multi-dimensional publicity, and conducted reverse inspection and troubleshooting on the relevant cases involving the protection of the rights and interests of the elderly and women handled in recent years, looking for clues to the source of the case.

In case handling, the legal rights and interests of the elderly and women are effectively protected by means of investigation and verification, interpretation and reasoning, psychological counseling, and reconciliation. Since 2022, the city has substantially resolved two administrative disputes involving the elderly, and successfully helped four elderly people to claim alimony. Xuancheng People's Procuratorate found a clue to a case involving false marriage registration and transferred the clue to Langxi County People's Procuratorate for handling. Ningguo People's Procuratorate found a clue to a case involving false marriage registration, and issued a procuratorial recommendation to the relevant units.

Purify the business environment

Control the "Market Pulse" and Solve the "Painful Pay"

The beautiful water makes the fish fat, and the fertile soil makes the rice fragrant. The business environment is a place's productivity and core competitiveness. In the "5+N" special activity, the procuratorial organ of Xuancheng City has continuously strengthened the "hard measures" of the rule of law, continued to optimize the "soft environment" of business, and provided a solid guarantee for the social stability and high-quality economic development of the jurisdiction.

In the special supervision activity of "shell company" clean-up, Xuancheng procuratorial organ, through visiting relevant departments to understand the relevant legal procedures and identification of "shell company" clean-up in the early stage, investigated the criminal cases of false VAT invoices, illegal absorption of public deposits and other criminal cases handled since 2019, and found that "shell company" Clearing up problems and tax supervision problems, focusing on whether the relevant competent departments have fulfilled their supervision and management responsibilities for legal supervision——

Jingde County People's Procuratorate In performing its legal supervision duties, it was found that a pharmaceutical company in Anhui was fined 500000 yuan for the crime of falsely issuing special VAT invoices. However, upon inquiry, the company is still in existence and may continue to provide assistance for the implementation of crimes, while the market supervision and administration department has not imposed administrative penalties on the illegal acts committed by the company in the name of the company. To this end, the procuratorate issued a procuratorial proposal for correcting violations to the market supervision department.

In the special action, Langxi County People's Procuratorate It was found during clue investigation that during the period from 2019 to 2021, Ji and Wang sought illegal interests by registering "shell companies" to falsely issue invoices. The case involved a total of 8889 ordinary VAT invoices falsely issued by 16 seedling and landscaping companies, with an accumulated amount of 838257348.92 yuan. However, the market supervision and administration department of the county failed to impose administrative punishment on the "shell company" involved in the case according to law. The undertaking prosecutor logged into the national enterprise credit information publicity system and found that the company registered for false invoices involved in the case is still in existence, which may continue to provide help for the implementation of crimes. In response to the above problems, the People's Procuratorate of Langxi County has put forward a total of 4 pieces of procuratorial suggestions on social governance to the market supervision and administration department and the tax department of the county, all of which have been replied and are under rectification.

In order to promote the effective clean-up of "shell companies" in the flower and tree industry in special activities, in June 2022, the People's Procuratorate of Langxi County, together with the county court, the county public security bureau, the county market supervision and administration bureau, the county tax bureau, the county natural resources planning bureau and the flower and tree association, held a special clean-up forum for "shell companies" to jointly study the specific measures to clean up the "shell companies" involved in the case, Discussed how to promote the compliant operation and healthy and sustainable development of the county's flower and tree industry, and reached a consensus on strengthening the inspection and supervision of "shell companies", jointly promoting the special clean-up of "shell companies", and establishing an information sharing mechanism. After the meeting, the court sorted out the meeting minutes according to the meeting contents, providing a basis for handling similar cases in the future.

In carrying out the special supervision activities for the protection of the rights and interests of market subjects, the procuratorial organ of Xuancheng City focused on illegal acts that harm fair competition in the market and focused on the protection of the rights and interests of private enterprises——

Langxi County People's Procuratorate In handling the criminal case of Han, Ji and others suspected of colluding in bidding, it was found that 24 enterprises involved in the case and their directly responsible personnel participated in the colluding bidding, which seriously affected the fairness and standardization of the bidding market and damaged the integrity environment of the bidding market. In order to clarify the object of supervision, the hospital took the initiative to visit relevant units to understand the specific rights and responsibilities, and formulated and issued one procuratorial proposal on social governance.

In the special action of vigorously carrying out the "procuratorial blue" to help solve the problem of migrant workers' wage demands, the procuratorial organ of Xuancheng City took the opportunity of implementing the working mechanism of "government procuratorial linkage" to assist the municipal office of debt control in carrying out a radical cure of arrears——

Xuancheng People's Procuratorate Establish a coordination and linkage working mechanism with the Municipal Human Resources and Social Security Bureau to guarantee the payment of migrant workers' wages, countersign documents and set up a "civil salary bridge" work contact point, and strengthen the support and prosecution for migrant workers and other vulnerable groups.

Jing County People's Procuratorate We took the initiative to strengthen communication and cooperation with the county court and the county judicial bureau, and jointly signed the Opinions on the Establishment of a Civil Support Prosecution Cooperation Mechanism, to unblock relief channels, promote the effective connection of civil trials, civil procuratorial work and legal aid, increase efforts to eradicate wage arrears, and effectively protect the legitimate rights and interests of vulnerable groups. Since the beginning of this year, the city has supported 182 lawsuits against labor compensation disputes in arrears, and 155 have been accepted by the courts.

Co discussion, co governance and win-win situation

Explore "New Path" and Create "New Model"

Xuancheng People's Procuratorate, as one of the provincial pilot units to carry out the procuratorial supervision of compulsory isolation drug rehabilitation, has supported and cooperated with the judicial administration since August 2021, and accumulated new experience in working mechanism, system specification, etc. For this 5+N "small project", the Xuancheng People's Procuratorate took the procuratorial supervision of compulsory isolation drug rehabilitation implementation activities as the "N" characteristic option, based on the early discussion, joint construction, exploration and establishment of a new model and new mechanism, identified the starting point, jointly govern and win, and promote the governance of similar cases through case supervision.

Xuancheng People's Procuratorate in conjunction with Xuanzhou District People's Procuratorate Relying on the Procuratorial Supervision and Liaison Office for Compulsory Isolation of Drug Addiction Treatment in Nanhu and Baofeng, we strengthened the monthly inspection and supervision work in the drug treatment center. Through the means of patrolling the video command center of the drug treatment center, opening the prosecutor's mailbox, checking the law enforcement system platform, listening to reports on major issues, we found that there were problems such as the remaining period of non execution of transferred arrests, and transferred the clues to the grass-roots procuratorate, Since the launch of the special activities, 12 procuratorial suggestions on correcting violations and 2 procuratorial suggestions on social governance have been formulated and issued, all of which have been adopted.

On May 9, 2022, the People's Procuratorate of Xuancheng City held a working conference of "government and procuratorate linkage", inviting relevant persons in charge of Nanhu and Baofeng compulsory isolation drug rehabilitation centers, drug control and legal function departments of Xuancheng and Guangde Public Security Bureaus to sort out, study and judge the problems found in the process of compulsory isolation drug rehabilitation procuratorial supervision, and clarify the direction of follow-up work.

With the efforts of all parties, the public security organ carried out a comprehensive sorting work within the city on a daily basis, reached a consensus with the Nanhu Compulsory Quarantine Drug Rehabilitation Center on the application of instruments, notification of exit, information promotion and other aspects, and formed meeting minutes; Require the public security organs at the county level to maintain information exchange with the local judicial administrative organs on the release of drug addicts from compulsory isolation after serving their sentences; The Notice on Further Standardizing the Implementation of Compulsory Isolation for Drug Addiction Treatment was specially formulated and issued to promote the standardized operation of the law enforcement of compulsory isolation for drug addiction treatment in our city, and strictly prevent "punishment for abstinence". In order to track the effectiveness, Guangde People's Procuratorate The six procuratorial suggestions issued were reviewed and publicly heard.

Empowered by the times, we are able to make a strong sail and sing all the way in our mission.

In this special activity, the procuratorial organ of Xuancheng City, on the one hand, put forward suggestions to relevant departments and units on supervision and correction, plugging loopholes, and establishing rules and regulations, and established a long-term mechanism to promote source governance by timely tracking the implementation of supervision opinions. On the other hand, by comprehensively applying measures such as supervision and correction, investigation and verification, legal interpretation and reasoning, and public hearings, we handled a number of high-quality and effective cases related to people's livelihood and interests in accordance with the law, and substantively resolved a number of administrative disputes that have lasted for a long time and are difficult to resolve, so that the people feel that fairness and justice are around.