Work report
[Typical cases] The Provincial Women's Federation and the Provincial Association of Women Prosecutors jointly released ten major cases of safeguarding women's and children's rights and interests according to law
Time: March 8, 2024 Author: News source: [Font size: large | in | Small

The Women's Federation of Anhui Province and the Association of Women Prosecutors of Anhui Province jointly released ten cases of safeguarding the rights and interests of women and children according to law

In order to fully implement the spirit of the Twentieth National Congress of the Communist Party of China, thoroughly implement Xi Jinping's thought on the rule of law and General Secretary Xi Jinping's important statement on women and children and the work of the Women's Federation, conscientiously implement the spirit of the Thirteenth National Congress of Chinese Women and the Fourteenth National Congress of Provincial Women's Congress, as well as relevant laws and regulations on the protection of women's rights and interests, summarize and promote the procuratorial organs and women's federations at all levels in the province to give full play to their functions, The experience and practice of safeguarding the rights and interests of women and children in accordance with the law, and promote the construction of an institutional system and social environment more conducive to safeguarding the rights and interests of women and children. The Provincial Women's Federation, together with the Provincial Association of Women Prosecutors, selected 10 typical cases of safeguarding the rights and interests of women and children in accordance with the law.

This batch of 10 typical cases of safeguarding the rights and interests of women and children in accordance with the law were released, which responded to the people's concerns about the protection of women's personality rights and interests, labor protection of women workers, protection of minors, and judicial relief for women victims of domestic violence, It shows the procuratorial organs and women's federations' efforts to make the masses feel the positive action and responsibility of fairness and justice in every case, and also provides a model guide for handling similar cases and solving problems.

Women's federations and women prosecutors' associations at all levels in the province should thoroughly study and implement the spirit of the important speech made by General Secretary Xi Jinping when talking with the members of the new leadership of the All China Women's Federation, stand up when women need to speak, defend their rights, sink down to serve, and do the work of protecting their rights in a normal, regular and grass-roots way, Promote women and children's sense of gain, happiness, security, and security to be more substantial, secure, and sustainable, strive to create a new situation for women and children's rights protection, and make new and greater contributions to accelerating the construction of a modern and beautiful Anhui.

catalog

Case I: Sex discrimination is not desirable, and fair employment is guaranteed -- Administrative public interest litigation case of urging and rectifying women's employment discrimination

Case II. Sexual harassment in the workplace needs to be prevented and controlled, and the interaction between various parties has yielded results - administrative public interest litigation case of urging and protecting women's personality rights and interests

Case III: Procuratorial Public Interest Litigation to Organize a "Protection Net" for Personal Information Security -- Criminal Incidental Civil Public Interest Litigation Case against Qi and Peng for Infringement of Maternity Information

Case 4. Wife's groundless responsibility: procuratorial performance of duties to protect people's livelihood - retrial of civil loan disputes between Li and Zhang, Shen

Case 5. Refusing to pay wages and playing with missing persons. Prosecutors supported the prosecution to help recover wages. - A civil support prosecution case of a dispute between Tian and Wang to recover labor remuneration

Case 6. Failure to fulfill the maintenance obligation after divorce "Wan Feng delivers warmth" assistance "does not stop" - Wu and Cao's national judicial assistance case

Case VII. Multi sector cooperation to build a legal barrier, women who suffer from domestic violence start a new chapter in their lives -- Zhou's national judicial relief case

Case 8: "Heroine Red" and "Procuratorial Blue" hold a "warm heart umbrella" for children in need - the case of multiple rescue and assistance for Wumou A and Wumou B

Case 9: Caring for Disabled Children to Realize Their Dream of Going to School -- Administrative Public Interest Litigation Case of Supervising and Protecting Disabled Minors' Right to Education

Case 10. The bottom line of lifelong employment ban is clear. Comprehensive performance of duties protects growth - case of child molestation by Mr. Cheng

Case 1

Gender discrimination is not desirable, and fair employment is guaranteed

——Urge and rectify the administrative public interest litigation case of discrimination against women in employment

Basic Case

On March 10, 2023, the People's Procuratorate of Baohe District, Hefei City (hereinafter referred to as the Procuratorate of Baohe District) found in the performance of its duties that a trade limited company issued a recruitment brochure to recruit 30 sales elites in the special online job fairs of the Spring Wind Action and Employment Assistance Month series in Baohe District "Dream Building Baohe · Grade You Come", It infringes women's legitimate rights and interests of equal employment.

On April 3, 2023, the Baohe District Procuratorate filed an administrative public interest lawsuit. After investigation, it was found that a trade limited company was mainly engaged in food business, and the job responsibilities of sales elites were sales, promotion, business analysis, customer management and maintenance, which did not belong to the "female taboo" position in the Special Provisions on Labor Protection for Women Workers. Through further big data screening and interview survey on the network and on-site recruitment activities in the jurisdiction, it is found that when multiple employers release recruitment information, job requirements such as product sales and marketing specialists contain sexist content such as "men only" and "men first". In order to fully understand the situation of gender discrimination in employment, the procuratorial organ issued questionnaires to many job seekers and visited the Women's Federation of Baohe District, Hefei City. It was found that many employers had gender discrimination in the process of recruitment, promotion, professional and technical titles and job evaluation, which violated women's equal employment and independent choice of jobs, and damaged social and public interests.

The procuratorial organ reviewed and found that, according to the Law of the People's Republic of China on the Protection of Women's Rights and Interests and the Employment Promotion Law of the People's Republic of China, the Human Resources and Social Security Bureau of Baohe District, Hefei City (hereinafter referred to as the District Human Resources and Social Security Bureau) has the responsibility of supervision and management. On May 6, 2023, Baohe District Procuratorate issued procuratorial recommendations to the District Human Resources and Social Security Bureau, urged them to investigate and deal with gender discrimination in recruitment (employment) and employment of employers, increased supervision over employers within the jurisdiction, established a long-term mechanism, and fully guaranteed women's equal employment and independent employment rights.

After the issuance of the procuratorial recommendations, the District Human Resources and Social Security Bureau actively carried out the rectification work, checked the employers suspected of gender discrimination one by one, and issued a deadline rectification instruction; Carry out special law enforcement inspection, investigate and deal with gender discrimination in the process of recruitment (employment), appointment and professional title evaluation of employers according to law; Open complaint reporting channels, improve the mechanism of "handling complaints immediately", and realize regular supervision.

After receiving the written reply from the administrative organ, the Baohe District Procuratorate actively carried out follow-up supervision, and verified by visiting and checking, asking employers, inviting volunteers to follow up and observe. Upon the supervision of the administrative organ, the relevant employers have deleted gender discrimination in the recruitment information, and the proportion of female employees has reached more than 40%, and women's equal employment rights have been effectively protected. In order to further strengthen corporate social responsibility, the Baohe District Procuratorate, together with the District Human Resources and Social Security Bureau and the District Women's Federation, held a law education conference. More than 50 enterprises in the district attended the conference and signed the Letter of Commitment on Anti employment Discrimination voluntarily.

Taking the opportunity of handling this case, the Baohe District Procuratorate and the District Women's Federation signed the Implementation Measures on Establishing a Cooperation Mechanism for the Protection of Women's Rights and Interests, built regular working mechanisms such as information sharing, clue transfer, case handling cooperation, and regular consultation, clarified the connection between the public interest litigation of the procuratorate and the grid service management of the Women's Federation, and further consolidated the joint efforts in the work of safeguarding women's rights and interests.

Typical significance

Eliminating discrimination in employment and ensuring women's equal employment and independent choice of employment are the inevitable requirements for respecting and protecting women's rights and interests. The procuratorial organs are active in performing their duties according to the law. In view of the situation that employers issue recruitment information that discriminates against women in violation of the law, they make full use of big data to enable them to comprehensively verify the gender discrimination problems in multiple links of employment in combination with interviews, questionnaires and other forms, promote special inspections from point to point, improve the regulatory mechanism, and strengthen the governance of litigation sources. Actively build a linkage mechanism with the Women's Federation, invite grassroots women workers to serve as volunteers, integrate public interest litigation into the grid management of women's rights protection, further improve the connection between professional case handling and social protection, and promote the modernization of social governance system and governance capacity building of women's rights protection.

Case II

Sexual harassment in the workplace needs to be prevented and controlled, and the interaction between various parties can achieve results

——Administrative Public Interest Litigation to Urge and Protect Women's Personality Rights

Basic Case

In March 2023, the volunteers who "work for the public" reported to the Suzhou People's Procuratorate (hereinafter referred to as the Suzhou Procuratorate) that some employers in Sixian County had not formulated rules and regulations to prohibit sexual harassment, had not carried out education and training activities to prevent and stop sexual harassment, had not set up special complaint channels such as telephones and mailboxes, and women's legitimate rights and interests were not effectively protected.

The Suzhou Municipal Procuratorate then transferred the clue to the Sixian County People's Procuratorate (hereinafter referred to as the Sixian County Procuratorate). After receiving the clues, the Procuratorate of Sixian County immediately carried out investigation and verification, found out the specific situation of employers in terms of prevention and suppression of sexual harassment through field visits and questionnaires, and visited the Human Resources and Social Security Bureau of Sixian County (hereinafter referred to as the Human Resources and Social Security Bureau of Sixian County), the Women's Federation of Sixian County and other units to exchange views on the problems found. On April 3, 2023, the Procuratorate of Sixian County publicly delivered the procuratorial proposal for administrative public interest litigation to the Human Resources and Social Security Bureau of Sixian County, suggesting that it strengthen the supervision and management of employers, and urge employers to establish and publicize the prohibition system of sexual harassment; Set up hotline for reporting and complaints and place mailbox; Strengthen education and training, and continue to carry out publicity and education activities to prevent and stop sexual harassment in the workplace.

The Human Resources and Social Security Bureau of Sixian County, after receiving the suggestions from the procurator, cooperated with Sixian Women's Federation and other units to carry out special law enforcement activities for women workers' labor protection, and initially required more than 500 employers in the county to conduct self inspection and self correction; Later, 119 employers of various types were inspected on the spot. For 11 employers with still existing problems, 9 were ordered to rectify on the spot, and 2 were ordered to rectify within a written time limit. At the same time, more than 3000 copies of the "System for Eliminating Sexual Harassment in the Workplace" and more than 30000 leaflets of the "Protection of the Rights and Interests of Women Workers" were issued, and a separate hotline for reporting and complaints was set up. In addition, in view of the fact that some female employees have not signed labor contracts, the employer was ordered to sign 113 additional labor contracts.

On May 31, 2023, after receiving the reply from the procurator, the Procuratorate of Sixian County actively carried out follow-up supervision, held a public hearing on the rectification of the performance of duties by the Human Resources and Social Security Bureau of Sixian County, and invited deputies to the National People's Congress, members of the CPPCC, the Human Resources and Social Security Bureau of Sixian County, the Women's Federation of Sixian County, and female staff representatives to participate in the hearing. The hearer commented that the Human Resources and Social Security Bureau of Sixian County has fully performed its duties according to law, and women's personality rights have been effectively protected.

On November 5, 2023, the Procuratorate of Sixian County, together with 8 units such as Sixian Women's Federation, jointly issued the Sixian County Guidelines for the Prevention and Control of Sexual Harassment, guiding all sectors of society to pay more attention to the prevention of sexual harassment in the workplace by clarifying the main forms of sexual harassment, the employer's obligation to prevent sexual harassment, the relief channels for female employees suffering sexual harassment, and the responsibilities of relevant departments.

Typical significance

Sexual harassment in the workplace not only infringes on the personality rights of female workers, but also affects the image and reputation of employers, seriously deviating from the core socialist values. The procuratorial organs focus on the new requirements of the Law of the People's Republic of China on the Protection of Women's Rights and Interests on employers' prevention and control of sexual harassment in the workplace, make full use of the power of investigation and verification, accurately issue procuratorial suggestions on administrative public interest litigation, urge the administrative organs to actively perform their duties, ensure that employers establish a system of prevention and prohibition of sexual harassment according to law and regulations, and effectively strengthen industry self-discipline. Firmly grasp the requirements of "handling every case with high quality and efficiency", promote the Human Resources and Social Security Bureau, the Women's Federation and other relevant units to carry out special labor protection activities for women workers, establish and improve a long-term mechanism for protecting women's rights and interests, and promote further protection of women's personality rights and interests.

Case 3

Procuratorial Public Interest Litigation Organizes "Protective Net" of Personal Information Security

——A case of criminal incidental civil public interest litigation against Qi, Peng and other three persons for infringing maternity information

Basic Case

From 2018 to 2022, the defendant, Qi, purchased the database account and password of the Birth Health Platform (ACME) through the hidden network, and illegally obtained the personal information of many pregnant and lying in women's surnames, ages, addresses, mobile phone numbers, birth dates, delivery methods, birth hospitals and other personal information stored in the information system in more than ten provinces and cities. Qi contacted offline through his two QQ numbers and three skype accounts, and sold the illegally obtained personal information of pregnant and lying in women to children's photo shops across the country. The defendants, Peng and Shao, knowingly knew that Qi was illegally trafficking in personal information of pregnant and lying in women, in order to seek illegal interests, helped Qi develop offline, introduce customers, collect information funds for trafficking, etc., and obtained introduction fees and commissions from them. The three people illegally provided more than 220000 pieces of maternal information to others, making illegal profits of more than 700000 yuan. As a result, many pregnant women frequently received various sales calls, seriously interfering with their normal lives and damaging their physical and mental health.

The People's Procuratorate of Huashan District, Ma'anshan City (hereinafter referred to as the People's Procuratorate of Huashan District) found the clue of the case during the performance of its duties, and filed the case on February 3, 2023, and conducted key investigations around the information leaked, whether the public interest was damaged, and other issues. At the same time, according to the Civil Code of the People's Republic of China and the Personal Information Protection Law of the People's Republic of China And other relevant provisions to determine the amount of tort damages. On July 13, 2023, the People's Procuratorate of Huashan District filed a civil public interest suit incidental to criminal proceedings with the People's Court of Huashan District, Ma'anshan City. While investigating the criminal responsibility of the three defendants in accordance with the law, it requested that the three defendants be ordered to bear corresponding civil compensation liability for their infringement.

On September 27, 2023, the People's Court of Huashan District, Ma'anshan City sentenced the defendants Qi, Peng and Shao to one year and ten months of fixed-term imprisonment respectively for the crime of infringing on citizens' personal information, announced a two-year suspension of imprisonment to four years and ten months of fixed-term imprisonment, and imposed a fine. The defendant Qi was ordered to pay damages of RMB 590000, the defendant Peng was ordered to pay damages of RMB 139000, and the defendant Shao was ordered to pay damages of RMB 11900. Qi appealed against the judgment of first instance. On December 19, 2023, the Ma'anshan Intermediate People's Court upheld the part of the first instance judgment on criminal incidental civil public interest litigation.

After the case was handled, the Procuratorate of Huashan District disclosed women's personal sensitive information when some websites publicized the list of national free pre pregnancy eugenics health examination, temporary relief for urban and rural residents and other names, made and issued procuratorial suggestions to relevant administrative organs, and urged them to take measures to shield women's personal sensitive information.

Typical significance

Maternal birth information is valuable personal information of citizens protected by the Civil Code of the People's Republic of China. Unlawful disclosure of maternal birth information can easily lead to a variety of related illegal and criminal activities, endangering the personal and property safety of the masses. The procuratorial organ has increased the illegal cost of infringers by initiating civil public interest litigation with criminal collateral, and simultaneously handling "criminal punishment+civil compensation". At the same time, actively perform their duties, actively communicate and coordinate with the Women's Federation and relevant functional departments, urge functional departments to fully perform their duties through various ways such as the procuratorial advice before administrative public interest litigation, build a new pattern of women's personal information protection with internal linkage and external coordination, and build a solid barrier for women's rights protection with the force of the rule of law.

Case 4

Wife shouldering the responsibility for no reason Procurator performing duties and protecting people's livelihood

——The case of retrial, procuratorial suggestion and supervision of private lending disputes between Mr. Li and Mr. Zhang and Mr. Shen

Basic Case

In July 2014, Zhang (male) issued an IOU of 410000 yuan to Li (male). Later, Li filed a lawsuit to the People's Court of Qiaocheng District, Bozhou City in 2015, requesting Zhang and Shen (female) to repay the loan of 410000 yuan jointly. Zhang and Shen were originally husband and wife, and went through divorce registration on December 22, 2014. The above borrowings occurred during the marriage relationship between Zhang and Shen. After hearing by the court of first and second instance, Zhang and Shen were judged to repay the loan involved in the case together, and a house property under Shen's name was enforced. Shen refused to accept the judgment of the court and applied to Bozhou People's Procuratorate (hereinafter referred to as Bozhou People's Procuratorate) for supervision.

After the Bozhou Procuratorate accepted the case, it formed a case handling team with the Procurator General as the chief prosecutor, specifically receiving Shen, fully listening to his opinions, and clarifying the ideas and direction of case review and investigation and verification. Through obtaining relevant bank records, related civil case files, public security organ interrogation records and other evidentiary materials, combined with the evidence such as the IOU in the original trial, it was verified that Shen was not present and did not sign when the IOU in this case was issued. Shen and Zhang went through divorce registration in December 2014. Although the loan involved in the case occurred during the duration of the marriage relationship, Shen and Zhang have not lived together for a long time due to the breakdown of their relationship. Shen did not know about the loan involved in the case and did not benefit from it. The amount of debt in this case is huge, which led to the compulsory execution of Shen's only house. Now Shen has no fixed residence, rents a house, and his basic life is seriously affected. The judgment of this case made Shen bear huge debts without reason, and the result was obviously unfair. In February 2022, the Bozhou Procuratorate proposed a retrial and procuratorial proposal to the Bozhou Intermediate People's Court (hereinafter referred to as the Municipal Intermediate People's Court), and the Municipal Intermediate People's Court changed the judgment in November 2022 that Shen was not responsible for repayment.

Typical significance

The Law of the People's Republic of China on the Protection of Women's Rights and Interests stipulates that "the rights and interests enjoyed by women according to law shall not be infringed upon in the relationship between husband and wife's common property and family's common property". In recent years, the provincial procuratorial organs have closely cooperated with the Women's Federation to set up a special reception window for women and children's rights and interests protection in the 12309 procuratorial service hall, which is used to receive the petition people who reflect women and children's petition matters, and work together to protect the legitimate rights and interests of women and children. In reality, women are often in a weak position in marriage and family. When their legal rights and interests such as property are infringed, although they have the awareness of safeguarding their rights through legal means, they have insufficient legal knowledge reserves and limited ability to obtain evidence in litigation. The procuratorial organ gives full play to the civil procuratorial supervision function, performs its duties actively, verifies and finds out the facts of the case according to law, suggests timely supervision and correction through retrial, protects women's legitimate rights and interests according to law, and protects fairness and justice.

Case V

Refusing to pay wages and playing with missing persons Prosecutors support prosecution and assist in claiming wages

——The civil support lawsuit case of the dispute between Tian and Wang on labor remuneration recourse

Basic Case

From 2021 to 2022, 23 women workers including Tian worked in the clothing factory run by Wang. Later, the clothing factory closed down due to poor management, and Tian and others were owed more than 167000 yuan of labor remuneration. At the initial stage of salary collection, Mr. Wang promised to pay and issued IOUs to some of the female workers, but he said he needed time to raise money. Later, he refused to answer the phone and couldn't get in touch. The 23 workers including Tian Moumou are all women. Their educational level is generally low, their legal knowledge is lacking, and their ability to safeguard their rights is weak. Therefore, they apply to the Jieshou People's Procuratorate (hereinafter referred to as the Jieshou People's Procuratorate) for support in prosecution.

On June 25, 2023, Jieshou Municipal Procuratorate accepted the case according to law, established a special case handling team in a timely manner, carried out investigation and verification work rapidly according to law, and assisted in collecting the statements of some fixed female workers and the WeChat chat records with Wang and other evidence. Through mutual verification with the IOU involved in the case, the fact that Wang was in arrears with his salary was confirmed, and the specific amount owed by each female worker was clarified. At the same time, Jieshou Municipal Procuratorate, relying on the cooperation mechanism of "supporting prosecution+legal aid" established with the Municipal Bureau of Justice, helped 23 female workers such as Tian to apply for legal aid, coordinated legal aid lawyers, and put forward opinions on supporting prosecution according to law. At the hearing of the case, the Jieshou Municipal Procuratorate appeared in court to support the prosecution, read out the Opinions on Supporting Prosecution, and showed and explained the evidence that helped to collect. On September 5, 2023, Jieshou City People's Court adopted the opinion of supporting the lawsuit and decided that Wang should pay 23 female workers including Tian and interest. After the judgment came into effect, Jieshou Municipal Procuratorate timely helped Tian Moumou and others to apply for compulsory execution according to law. In November 2023, 167000 yuan of labor remuneration in arrears for nearly two years will be implemented in full.

The Jieshou Municipal Procuratorate opened a green channel for judicial assistance and issued judicial assistance funds according to law to alleviate the plight of three female workers found in the case. After the case was handled, the hospital strengthened communication and contact with Jieshou Women's Federation, and the Federation countersigned the Implementation Opinions on Further Strengthening Cooperation to Establish and Improve Women's Rights Protection Cooperation Mechanism, established a series of working mechanisms such as clue transfer, protection and relief, and publicity linkage, and continued to increase publicity of law with the Women's Federation to promote the protection of women's rights and interests Go deep and go solid.

Typical significance

Women play an important role in promoting economic and social development. In response to the problem of "difficult to obtain salary", the procuratorial organ played the role of civil support and prosecution, supported "she" who could not or could not sue to bring a lawsuit, and realized the strong protection of women's labor rights. At the same time, we should pay attention to the "second half article" of handling cases. The procuratorate should strengthen the integrated and comprehensive performance of duties at home, and open a "green channel" for judicial assistance in a timely manner to alleviate the plight of women in difficulties involved in cases to the greatest extent; Through cooperation with the Judicial Bureau, the Women's Federation, the courts and other units, and relying on relevant mechanisms such as the "government procuratorate linkage", we will pool greater protection efforts to promote the solution of female workers' worries about "pay" and "pay", so that fairness and justice can be felt and realized better and faster.

Case 6

After divorce, they did not fulfill their obligations to support the family, and the "Wan Feng Warm up" assistance "did not stop

——The case of national judicial assistance of Wu and Cao

Basic Case

Wu Moumou (female) and Cao Moumou got married in 2003, and had a woman Cao Moumou after marriage. In 2011, the two divorced, and Wu raised his daughter, Cao, alone. Cao has a congenital limb disability and needs long-term rehabilitation treatment. However, Cao has not paid maintenance fees since his divorce, and Wu has repeatedly asked for it unsuccessfully, making life difficult. In March 2023, Wu called the 12338 women's rights protection public service hotline and asked for help from the Women's Federation of Fanchang District, Wuhu City. The Women's Federation of Fanchang District, Wuhu City then transferred the clues to the People's Procuratorate of Fanchang District, Wuhu City (hereinafter referred to as the Procuratorate of Fanchang District).

After receiving the clues transferred by the Women's Federation, the Procuratorate of Fanchang District found that Wu and Cao might meet the conditions for judicial assistance, immediately started the judicial assistance procedure, and entrusted the People's Procuratorate of She County, Huangshan City, where Wu's household registration is located, to verify his family situation. According to the investigation, Wu, in order to make a living after divorce, left Cao to his mother to take care of him, went out to work on his own, and undertook the family's living expenses alone. Exercisers have a congenital limb disability and need long-term rehabilitation treatment. Because his father has not paid the maintenance promised by his father, the tuition, living expenses and medical expenses of Cao who is about to take the college entrance examination are not available, and the mother and daughter are living in difficulty.

The Procuratorate of Fanchang District reviewed and found that Wu and Cao met the conditions for judicial assistance, so it requested the People's Procuratorate of Wuhu City and the People's Procuratorate of Anhui Province to carry out three-level joint assistance, and issued a total of 45000 yuan of judicial assistance. In order to further improve the rescue effect, the Procuratorate of Fanchang District, relying on the special activity of "Anhui Wind Warming" to rescue women in need in Anhui Province, strengthened communication and cooperation with the Women's Federation, civil affairs and other departments through cross regional linkage, and carried out comprehensive rescue and assistance for the two people: support Wu to file a lawsuit to the People's Court of Fanchang District to safeguard their legitimate rights and interests according to law; The People's Procuratorate of Wuhu fed back to the Wuhu Women's Federation the situation of the two people rescued by the procuratorial organ, and the Wuhu Women's Federation requested the provincial women's federation to coordinate with the women's federations of the two places to include Cao as the object of the "Hui girl" student aid action, and issue grants; The women's federations in Wuhu and Huangshan also contacted caring enterprises to carry out paired assistance to realize the effective connection between judicial assistance and social assistance; The three-level procuratorial organs and the five level women's federations held a symposium to agree on long-term tracking and assistance for Cao, and in combination with this case, they exchanged ideas on further strengthening data sharing and promoting cross regional cooperation and assistance for women and children in need relying on digital procuratorial work. After Cao was admitted to the university, the procuratorial organ and the Women's Federation organized several joint return visits to keep track of his study and life. The Procuratorate of Fanchang District handled the case, connected with the District Women's Federation, explored the establishment of a legal supervision model of "protection of the rights and interests of women in vulnerable situations", compared and analyzed more than 260 data recorded by the hotline for women's rights protection and public service, and further increased the efforts to discover and rescue women in distress due to the case.

Typical significance

Deepening the activities to help women in need is an important measure to comprehensively implement the spirit of the 20th National Congress of the Communist Party of China, and also an important carrier to study, publicize and implement the Law on the Protection of Women's Rights and Interests. Relying on the data sharing platform, the Women's Federation timely transferred the clues of cross regional women's rights and interests protection to the procuratorial organs. Through entrusted visits, joint case handling, timely feedback, joint return visits and other ways, the procuratorial organs have achieved trans regional, trans departmental and diversified assistance with the fastest speed, the simplest procedures and the best results with the three-level procuratorial organs and the five level women's federations; At the same time, we try to introduce third-party assistance from caring enterprises. Through the "1+N" relief model of judicial assistance and social assistance, we can give comprehensive long-term assistance to the rescued people, help women in need and their families to solve urgent problems, and enhance their sense of gain, happiness, and security.

Case 7

Multi sector cooperation to build a legal barrier; women exposed to domestic violence start a new chapter in their lives

——Zhou XX's National Judicial Aid Case

Basic Case

Zhou XX (female) and Si XX are husband and wife, with one son and one daughter. After marriage, two people often quarrel over household chores. On March 22, 2023, the two men had a dispute. Mr. Si attacked Mr. Zhou with a knife. The degree of injury of Mr. Zhou was Grade II for serious injury and Grade II for minor injury. On June 9, 2023, the People's Procuratorate of Fengyang County (hereinafter referred to as Fengyang County Procuratorate) initiated a public prosecution. On August 23 of the same year, the People's Court of Fengyang County sentenced the defendant Si XX to 13 years' imprisonment for intentional homicide. Zhou filed a criminal appeal against the effective judgment to the Fengyang County Procuratorate.

Fengyang County Procuratorate found that Zhou might meet the conditions for judicial assistance when handling Zhou's criminal appeal case, and immediately started the judicial assistance procedure. After investigation and verification, Zhou spent a huge amount of medical expenses after being cut and wounded in the household farmer, and has borrowed more than 80000 yuan at present; His little daughter is studying and can't afford tuition and daily expenses, so her family life is in trouble.

Fengyang County Procuratorate reviewed and found that Zhou met the conditions for judicial assistance. In consideration of Zhou's special difficulties, the provincial, municipal and county procuratorates handled the case in an integrated way and granted Zhou 93000 yuan in judicial aid. In order to further improve the rescue effect, the Fengyang County Procuratorate, relying on the government procuratorate linkage working mechanism, launched the "judicial assistance+" model, consulted with relevant departments many times, and studied and formulated a diversified rescue plan. The hospital visited the county hospital many times to learn about Zhou's rehabilitation treatment, and coordinated with the Disabled Persons' Federation to apply for a disability certificate for Zhou in time; Make full use of the linking working mechanism of Anhui Province's national judicial assistance and social assistance, communicate and coordinate with the civil affairs department, and apply for minimum living security for Zhou; In order to reduce the pressure of Zhou and ensure that Zhou's minor children go to school normally, actively coordinate with the County Education and Sports Bureau to exempt Zhou's children from school fees; To provide employment guidance services for Zhou to improve his earning ability. In view of the emergency situation that Mr. Si still refuses to repent and continues to threaten to commit murder and retaliate after his execution outside the prison due to heart disease, he, together with the Women's Federation of Chuzhou City and Fengyang County, moved Mr. Zhou to another place, worked with a psychological consultant to provide psychological counseling for Mr. Zhou, and coordinated with the community where Mr. Zhou lives to pay special attention and protect him; Guide Zhou to apply for writ of habeas corpus to the court, which was supported by the court.

In view of the fact that Mr. Si has not been put in prison due to heart disease, the People's Procuratorate of Fengyang County urged the People's Court of Fengyang County to identify Mr. Si in a timely manner. On January 19, 2024, the People's Court of Fengyang County made a decision against Mr. Si that "no temporary execution outside prison". On January 24, 2024, Mr. Si was put into prison for execution. Under the multiple care of the procuratorial organs, women's federations and relevant departments, Zhou's personal rights and interests were protected and his health was in good condition.

Typical significance

Article 3 of the Anti Domestic Violence Law of the People's Republic of China stipulates that the state prohibits any form of domestic violence. The procuratorial organ of Chuzhou City and the Women's Federation jointly provide assistance to women in distress who have suffered from domestic violence, crimes and violations, and actively cooperate with multiple departments to carry out comprehensive assistance and help, so as to make the relief and help measures concrete and maximize the effect. The procuratorial organs at the provincial, municipal and county levels perform their duties as a whole for the clues of judicial assistance found in handling criminal appeal cases, and carry out joint assistance in a timely manner to alleviate the urgent needs of the rescued. Relying on the working mechanism of "government procuratorate linkage" and the link between national judicial assistance and social assistance, Chuzhou procuratorial organs and the Women's Federation actively coordinate relevant departments to coordinate the linkage and implement precise policies, and provide comprehensive assistance in all aspects, such as subsistence allowance, schooling, employment, psychological counseling, and personal protection orders, so as to move the assistance from a simple "blood transfusion" to a "hematopoietic", and achieve "immediate rescue" The unification of "long-term assistance" and "long-term assistance" will help the families suffering from domestic violence to solve their urgent problems to the greatest extent.

Case 8

"Heroine" and "Prosecutors Blue" hold a "warm umbrella" for children in need

——Wumou A and Wumou B multiple aid cases

Basic Case

Wu Moumou and Wang Moumou (female) were originally husband and wife, with one son and one daughter. In the early morning of December 31, 2022, Wu stabbed Wang to death with a dagger due to family conflicts. The public security organ put the case on file for investigation on that day, and transferred it to Huaibei Xiangshan District People's Procuratorate (hereinafter referred to as Xiangshan District People's Procuratorate) for examination and prosecution on March 1, 2023. Xiangshan District Procuratorate then submitted the case to Huaibei Municipal People's Procuratorate (hereinafter referred to as Huaibei Municipal Procuratorate) for review and prosecution.

When the Xiangshan District Procuratorate handled the case of intentional injury of Mr. Wu, it found that the children of the victim, Mr. Wu A and Mr. Wu B, might meet the national conditions for judicial assistance, and immediately started the national judicial assistance procedure. After investigation and verification, Wu Moujia is 14 years old and Wu Mouyi (female) is 9 years old. The victim Wang died on the spot, and the criminal suspect Wu will also face criminal punishment. The two rescued objects have become orphans in fact. Wang's funeral expenses were all borrowed from relatives and friends, so family life was very difficult. After the incident, Wu A and Wu B were taken care of by their grandparents. Their grandfather had a third degree of physical disability due to hip injury in an accident, and their grandmother had brain injury and intellectual impairment due to car accident, and was old and unable to work. The victim's mother Wang suffers from vertigo and needs long-term medication; The victim's father, Wang, suffered from lumbar disc herniation and was unable to work. After the case occurred, the resentment between Wu and Wang intensified. The Wang family refused to tell Wu A and Wu B where their mother was buried. The two children have not been able to condole their mother.

After examination, Wu A and Wu B meet the rescue conditions. In order to improve the effect of assistance and relief, Huaibei Procuratorate took many measures to provide all-round and three-dimensional relief for both families: upon the request of the procuratorate in Xiangshan District, Huaibei Procuratorate made unified dispatching, the People's Procuratorate in Duji District linked, two levels and three courts jointly carried out the relief, and issued 90000 yuan of judicial relief funds, forming a working force of integration from top to bottom and horizontal linkage. Relying on the government procuratorate linkage working mechanism, Huaibei Procuratorate actively coordinated with the local civil affairs departments and rural revitalization departments to carry out monitoring and assistance, assist in the identification of children in distress, and help with the minimum living allowance; Communicate with the education department to reduce or exempt the Wu brothers and sisters' tuition, living expenses and other expenses, coordinate the school to take the initiative to care about their learning conditions and psychological dynamics, and give more care and encouragement; Contact the medical department to provide medical services such as on-site physical examination for the elderly of both sides, and coordinate to reduce or exempt part of the treatment costs. We are committed to resolving multiple conflicts, invite local village committees to mediate and help, and strive to resolve family conflicts between the two sides. After many times of mediation, the Wangs agreed that Wu A and Wu B should mourn their mother, and the family relationship between Wu and Wang was improved. After knowing the situation, the defendant Wu also volunteered to plead guilty. The Xiangshan District Procuratorate and the District Women's Federation established a long-term assistance mechanism and a care group to provide long-term psychological counseling services; Huaibei Procuratorate and Wu brothers and sisters help each other, make regular visits, and promote relevant departments to include Wu brothers and sisters in long-term assistance.

Typical significance

The procuratorial organs at the two levels of Huaibei City, together with the Women's Federation, government functional departments, villagers' organizations, schools and other parties, carry out judicial assistance for children in need, which not only alleviates the plight of minors to the maximum extent, but also fully guarantees the minors' right to receive cultural education, and gives them long-term attention, protects the physical and mental health of minors, and achieves judicial assistance and targeted poverty alleviation The effective connection of social assistance, such as educational support, has delivered procuratorial warmth and judicial warmth, and achieved the good effect of "handling a case, influencing three generations, saving three families, and educating the masses on one side".

Case 9

Caring for disabled children to realize their dreams and go to school

——Administrative Public Interest Litigation to Urge and Protect Disabled Minors' Right to Education

Basic Case

In August 2023, the People's Procuratorate of Longzihu District, Bengbu City (hereinafter referred to as Longzihu District Procuratorate) carried out the special supervision activity of "public interest litigation to escort disabled children's dream of entering school", and obtained 101 basic data of disabled children from the District Disabled Persons' Federation (hereinafter referred to as the District Disabled Persons' Federation) for comparison with the school roll of the District Education and Sports Bureau (hereinafter referred to as the District Education and Sports Bureau), It was found that 4 disabled children did not have school status, so the case was filed with administrative public interest litigation on August 26, 2023. Through the joint household survey of key objects carried out by the District Women's Federation and the District Disabled Persons' Federation, the hospital found that there were 19 other children who had school status, but did not study in the same class or arrange home or distance education. They were in a "dropout" state, and the legitimate rights and interests of disabled children were damaged.

On September 7 of the same year, the Longzihu District Procuratorate invited deputies to the National People's Congress, members of the CPPCC, the District Women's Federation, the District Disabled Persons' Federation, etc. to participate in the hearing to clarify the crux of the problem and the direction of remediation. On September 11, the hospital issued a procuratorial proposal for administrative public interest litigation to the District Education and Sports Bureau, urged them to perform their duties of compulsory education supervision according to law, and took effective measures to properly solve the problem of 23 disabled children "difficult to go to school"; We will improve the security system for special education and ensure the right of disabled minors to education. After receiving the procuratorial suggestions, the District Education and Sports Bureau attached great importance to it, set up a rectification leading group, and carried out special supervision and rectification actions for dropout control and school guarantee in the whole district. On October 18, 2023, the bureau replied that all 23 disabled children who were not enrolled in school had been resettled, and it took the lead in exploring measures such as individual policy assessment and delivery to the door in the city.

In order to solve the worries after enrollment, Longzihu District Procuratorate took the lead in organizing a special rectification and supervision activity for the construction of barrier free campus in the whole district, and jointly with the District Committee of Political Science and Law and the District Women's Federation, issued more than 200000 yuan of judicial aid to 22 of them whose families were in financial difficulties, and jointly carried out the activity of "sending the law to the door". At the same time, we held a symposium with the District Women's Federation, the District Disabled Persons' Federation and the District Education and Sports Bureau, set up a "Hong Ai" procuratorial office, established a public interest litigation cooperation mechanism for the protection of women's and children's rights, the protection of the rights of the disabled and the protection of minors' right to education, and cooperated with the District Women's Federation to send disabled children with mobility problems and families with inadequate supervision to their homes and provide family education guidance.

In view of the lack of rehabilitation and care places, Longzihu District Procuratorate made and issued procuratorial recommendations to promote the construction of the city's first rehabilitation and care center for the disabled. Taking the opportunity of handling this case, the hospital wrote a special research report, which was translated into the Proposal of the CPPCC Municipal Committee on Multi party Co management and Protection of the Right to Education of Disabled Children, to promote the comprehensive management of the enrollment of disabled children in the city.

Typical significance

Disabled children are special vulnerable groups in society, and they enjoy equal access to education. The procuratorial organ insists on the integrated, comprehensive and active performance of duties, pays attention to the cooperation with the Women's Federation, the Disabled Persons' Federation and other units, gives play to the advantages of digital procuratorial work, pinpoints the damage to the right to education of disabled children, adopts pre litigation procuratorial suggestions, open hearings and other ways, urges functional departments to perform their duties according to law, and establishes "dynamic prediction, joint management and precise assistance" The dropout control, school guarantee and supervision system will institutionalize the education of school-age minors. Adhere to comprehensive management, carry out special rectification and supervision actions for the construction of barrier free facilities on campus, provide judicial assistance to disabled children in difficulty, promote the construction of the city's first rehabilitation and care center for the disabled, and solve the worries after enrollment. By means of countersigning cooperation mechanism, establishing studios, research reports, etc., we will build a comprehensive protection system of multi governance to achieve the effect of "handling one case and governing one domain".

Case 10

Lifelong prohibition, clear bottom line, comprehensive performance and growth protection

——The case of Cheng Moumou molesting children

Basic Case

In 2016, Mr. Cheng registered a trusteeship service limited company (hereinafter referred to as the "trusteeship center") in a county of Huangshan City to provide the left behind children in mountainous areas who go to school in the county seat with food, accommodation, school work guidance and other trusteeship services. After taking advantage of the professional convenience of student care, he was arrested by the public security organ after molesting minors, and the procuratorate approved the arrest.

On October 12, 2022, a county procuratorate filed a public prosecution against Cheng to a county people's court for the crime of indecency against children, and in the sentencing proposal, "persons with special responsibilities for minors", "entering minors' homes and student dormitories to commit indecent crimes" and other circumstances were considered as the circumstances of heavy punishment, and the court was suggested to apply the prohibition of employment to Cheng. On November 25, 2022, a county court sentenced Cheng to four years and six months of imprisonment for the crime of indecency against children, and he was not allowed to work closely with minors for life from the day when the sentence was completed. This case is the first criminal case in Huangshan City in which the personnel of after-school training institutions who sexually assaulted minors declared "lifelong prohibition of employment" according to law.

In view of the situation that the victim suffered from severe depression and moderate anxiety after the crime and needed a large amount of medical expenses, a county procuratorate did a detailed and comprehensive job performance, jointly launched the judicial relief procedure for the victim with Huangshan People's Procuratorate and a county women's federation, and jointly issued 50000 yuan of judicial relief funds; Relying on the cooperation and cooperation mechanism signed with the county women's federation, we jointly coordinated and contacted the judicial bureau to provide legal aid, invited experts from the municipal psychological association to provide psychological counseling and family education guidance for the victims and their fathers, and included the victims in the key care objects of the county, and continued to carry out care and assistance work. In addition, a county procuratorate also carried out civil support prosecution work in accordance with the law, helping victims to claim compensation of 65000 yuan from Cheng.

Typical significance

With regard to the criminal acts of sexual assault on minors committed by employees in the education and training industry, the procuratorial organ insists on treating both the symptoms and the root causes of the crimes. It is suggested that the court apply the "lifelong prohibition" to the teaching staff of off campus training institutions who commit crimes of sexual assault, and give full play to the procuratorial functions such as judicial assistance and support for prosecution, Provide diversified care and assistance to minor victims. In addition, the procuratorial organ also set up a family education guidance service station with the Women's Federation, education, civil affairs and other units, refined the cooperation content of all parties in information sharing, care and assistance, publicity and education, and improved the long-term protection mechanism for key groups such as left behind children.