Inspection Instructions
[Instructions to Procurators] Opinions of the Office of the Leading Group for Poverty Alleviation and Development of the State Council of the Supreme People's Procuratorate on the Implementation of the Procuratorial Organs' National Judicial Assistance Work to Support Poverty Alleviation
Time: July 29, 2022 Author: News source: [Font size: large | in | Small

    

   Article 1    In order to thoroughly implement the spirit of the 19th National Congress of the Communist Party of China and the Second and Third Plenary Sessions of the 19th Central Committee of the Communist Party of China, fully implement the Guiding Opinions of the Central Committee of the Communist Party of China and the State Council on Triennial Action to Win the Poverty Alleviation Campaign, fully perform the procuratorial function, increase the rescue work for poor parties in the judicial process, and help to win the poverty alleviation campaign These Opinions are formulated by the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice and other relevant provisions in the Opinions on Establishing and Improving the National Judicial Assistance System (for Trial Implementation) to support the procuratorial organs in their national judicial assistance work in poverty alleviation.

   Article 2    The poverty-stricken party mentioned in this opinion refers to the party found by the People's Procuratorate in the process of handling the case that meets one of the following conditions and belongs to the poverty-stricken people who file cards:

   (1) The victim of a criminal case is seriously injured or disabled due to criminal infringement, and cannot obtain compensation through litigation due to the death of the perpetrator or his inability to make compensation, resulting in living difficulties;

   (2) The victim of a criminal case is injured by a crime and endangers his life, so he urgently needs treatment and cannot afford medical treatment expenses;

   (3) The victim of a criminal case dies from criminal infringement, and his close relatives or other persons who rely on his income as the main source of income to support, support or support him cannot obtain compensation through litigation due to the death of the perpetrator or his inability to make compensation, resulting in living difficulties;

   (4) The victim of a criminal case suffers from criminal infringement, causing heavy losses to his property, and is unable to obtain compensation through litigation due to the death of the perpetrator or his inability to make compensation, resulting in living difficulties;

   (5) The informer, witness or expert witness is retaliated for reporting to the procuratorial organ, testifying or accepting the entrustment of the procuratorial organ to conduct judicial appraisal, which causes personal injury or heavy property losses, and is unable to obtain compensation through litigation, resulting in living difficulties;

   (6) Personal injuries caused by road traffic accidents and other civil torts, and the inability to obtain compensation through litigation, resulting in living difficulties;

   (7) Other circumstances that the People's Procuratorate deems necessary according to the actual situation.

   Article 3    In handling cases, the People's Procuratorate should pay attention to the role of judicial humanistic care, carry out the national judicial relief work for poor parties according to law, actively help them solve the urgent difficulties they face in life, and improve the living environment.

   Poverty alleviation departments should list the poor parties as key targets in poverty alleviation, highlight problem orientation, optimize policy supply, and implement targeted poverty alleviation.

   Article 4    The People's Procuratorate and poverty alleviation departments adhere to the principle of "rescue as best as possible", "classified measures", "precise efforts" and "joint efforts", rely on the national judicial relief work to help poor people get out of their living difficulties as soon as possible, and cooperate with relevant departments to comprehensively implement poverty alleviation measures, so as to improve the effectiveness of relief and the sustainability of poverty alleviation achievements.

   Article 5    If the People's Procuratorate discovers a party in poverty in the process of handling a case, it shall immediately start the national judicial assistance procedure, designate procurators to give priority to handling the case, and transfer written materials such as the situation of the case, the assistance given, and the suggestions on poverty alleviation measures to the poverty alleviation department within five working days after the completion of the case.

   If the People's Procuratorate finds that the rescued person may belong to the poverty-stricken population but has not filed a card, it shall, within five working days after the completion of the handling, put forward a written proposal to the poverty alleviation department for poverty identification, and at the same time transfer the relevant materials.

   Article 6    As for the clues transferred by the People's Procuratorate that may belong to the poverty-stricken population, the poverty alleviation department conducts comparison and verification through the National Poverty Alleviation and Development Information System. If they belong to the documented poverty-stricken population, they should further strengthen the poverty alleviation efforts, refine the practical assistance measures, ensure the precise implementation of various poverty alleviation policies and relevant work, and timely feed back the relevant information to the People's Procuratorate.

   If the poverty alleviation department may belong to the poverty-stricken population but has not filed a card, it shall identify the poverty in accordance with the standards and prescribed procedures for filing a card. If the poverty alleviation department identifies the poverty-stricken population who has filed a card, it shall implement the responsibility for poverty alleviation in accordance with the provisions of the preceding paragraph, and timely feed back the relevant information to the People's Procuratorate.

   Article 7    If the poverty alleviation department finds a party involved in poverty in the course of poverty alleviation, it shall, as a clue to the case of national judicial assistance, transfer it to the People's Procuratorate within five working days.

   If a poverty-stricken party who has been harmed by a crime, endangers his life, or causes serious personal injury due to road traffic accidents or other civil torts, urgently needs treatment, and cannot afford medical treatment costs, the poverty relief department shall immediately inform the People's Procuratorate, which may first help him, and then promptly complete the relevant procedures.

   Article 8    The People's Procuratorate shall immediately start the relief work procedure for the clues of the national judicial relief cases transferred by the poverty relief departments, designate procurators to give priority to handling the cases, and report the handling of the cases to the poverty relief departments within five working days after the completion of the handling.

   Article 9    If the people's procuratorate finds that the clues of the national judicial aid cases transferred by the poverty alleviation department are not under its jurisdiction, it shall transfer them to the people's procuratorate with jurisdiction within three working days and inform the poverty alleviation department; If it is more appropriate for poor parties to be assisted by this court, it may be under the jurisdiction of this court.

   If the People's Procuratorate believes that it is more appropriate for the poor parties to be assisted by other political and legal units for the clues of national judicial assistance cases transferred by the poverty alleviation departments, it may transfer them to other political and legal units and inform the poverty alleviation departments.

   Article 10    The People's Procuratorate, under the leadership of the Political and Legal Affairs Committee of the Party Committee, strives for the support of the government financial department, makes good use of the subsidies paid by the central finance through political and legal transfer, further expands the source channels of national judicial relief funds, improves the efficiency of relief fund distribution, improves the way of relief fund distribution, and enhances the effectiveness of relief.

   Article 11    The People's Procuratorates and poverty alleviation departments should strengthen the integration of national judicial assistance work and poverty alleviation measures, actively connect with designated poverty alleviation units and responsible departments, guide and encourage all social forces, and help the poor parties to achieve poverty alleviation through industrial support, transfer of employment, relocation, education support, medical assistance and other measures. For those poor parties who cannot rely on industrial support and other measures to lift themselves out of poverty, help them to implement policy guarantees to lift themselves out of poverty.

   Article 12    If the location of the people's procuratorate handling the case of national judicial relief is different from the place where the party's household registration is located, the people's procuratorate handling the case shall, within five working days, transfer the relevant information about the case, the aid given and other materials to the people's procuratorate in the place where the party's household registration is located.

   The People's Procuratorate and the poverty alleviation department in the place where the household registration of the party concerned is located shall handle with reference to Articles 5 and 6 of these Opinions.

   Article 13    The People's Procuratorate shall, in conjunction with the poverty alleviation department, pay a return visit to the poor parties who have received national judicial assistance, master their poverty alleviation and the benefits of relevant policies and measures, strengthen the glorious orientation of poverty alleviation, cultivate the awareness of the poor parties to achieve poverty alleviation through self-reliance, and improve their self-development ability.

   Article 14    The People's Procuratorate and the poverty alleviation department shall respectively determine the relevant internal institutions to be specifically responsible for the daily affairs of the national judicial relief work to support poverty alleviation, establish a joint meeting system and hold regular meetings. Temporary joint meetings can be held according to work needs.

   Article 15    The main tasks of the joint meeting are:

   (1) Communicate work conditions, exchange and share work information;

   (2) Summarize work experience, sort out and solve outstanding problems;

   (3) Discuss the relief and assistance measures for key and special poor parties;

   (4) Study and issue normative documents related to work in the region;

   (5) Discuss other related work matters.

   Article 16    The People's Procuratorate and the poverty alleviation department shall actively implement the matters agreed at the joint meeting and timely feed back the implementation to the other party.

   Article 17    People's procuratorates at higher levels and poverty alleviation departments should strengthen organizational guidance and business supervision, do a good job in overall planning and coordination, improve the working mechanism, summarize and promote experience, create a good atmosphere, and promote the national judicial assistance work to more effectively help alleviate poverty.

   Article 18    The People's Procuratorate, together with the poverty alleviation department, shall establish an observation account for the poor parties, dynamically track and record the relief and poverty alleviation, and improve the national judicial relief work to support poverty alleviation archive system.

   Article 19    In January of each year, the People's Procuratorate and the poverty alleviation department, after discussion and approval at the joint meeting, submit a report on the state judicial assistance work supporting poverty alleviation in the previous year to the People's Procuratorate at the next higher level and the leading group for poverty alleviation and development at the same level.

   Article 20    This opinion shall be jointly interpreted by the Supreme People's Procuratorate and the Office of the Leading Group for Poverty Alleviation and Development under the State Council. If there are specific application problems in the implementation, they shall be reported to the Supreme People's Procuratorate and the Office of the Leading Group for Poverty Alleviation and Development under the State Council respectively.

   Article 21    This opinion shall come into force as of the date of promulgation.