All China Women's Federation of the Supreme People's Procuratorate
Notice on Printing and Distributing Typical Cases of Procuratorial Organs Cooperating with Women's Federation Organizations in Judicial Assistance
People's Procuratorates and Women's Federations of all provinces, autonomous regions and municipalities directly under the Central Government, People's Procuratorates and Women's Federations of Xinjiang Production and Construction Corps:
In order to fully implement the spirit of the Twentieth National Congress of the Communist Party of China, thoroughly study and implement Xi Jinping's thought of rule of law and the spirit of General Secretary Xi Jinping's important speech in the collective conversation with the new leadership of the All China Women's Federation, deepen the activities of "paying attention to women in difficulties and strengthening special judicial assistance", and further strengthen the cooperation between procuratorial organs and women's federation organizations in carrying out national judicial assistance work, The Supreme People's Procuratorate and the All China Women's Federation have jointly selected and compiled typical cases such as a national judicial aid case in Tian County, Hebei Province, to give full play to their respective functional advantages and better safeguard the legitimate rights and interests of women in need. These cases are now printed and distributed to you for reference when cooperating in judicial aid.
All China Women's Federation of the Supreme People's Procuratorate
March 1, 2024
Case 1
A case of judicial assistance of a country in Tian, Hebei
Keywords
Women's Federation of Domestic Violence Victims with Difficulties Transferring Clues and Multiple Assistance Joint Return Visit
Basic Case
The rescued person, Tian Mou, female, was born in April 1968.
In 1988, Tian was introduced to marry Zhu Moulu and went to live in Dingzhou City, Hebei Province. They married and had a daughter Zhu Moufeng. Since Tian is a foreign daughter-in-law and has no son, Zhu often beats and scolds Tian. In 2018, Zhu once again committed domestic violence against Tian, causing many bruises on his body. Tian called the police to seek relief. Zhu Moulu still hasn't repented. Hou Tian took his daughter to Beijing to make a living alone. Tian asked for divorce many times, but Zhu refused. In February 2023, Tian learned from the villagers in the same village that Zhu Moulu and Zhang Mouqing were married in 2018 and lived together in the name of husband and wife in the village. On February 26, 2023, Tian reported the case to the public security organ. On March 4 of the same year, the Dingzhou Public Security Bureau put Zhu Moulu on file for investigation on suspicion of bigamy. On November 23, 2023, the Dingzhou People's Procuratorate filed a public prosecution with the Dingzhou People's Court. On January 15, 2024, the Dingzhou People's Court sentenced Zhu Moulu and Zhang Mouqing to 10 months of fixed-term imprisonment and eight months of probation for one year respectively for the crime of bigamy. In the meantime, Zhu Moulu sued for divorce with Tian Mou to the Dingzhou People's Court.
[Rescue Process]
Tian went to the Dingzhou Women's Federation for help due to divorce proceedings. The Dingzhou Women's Federation found that Tian might meet the national conditions for judicial assistance, so it transferred the clues of judicial assistance in this case according to the "letter of transfer of national judicial assistance clues" system jointly established with the Dingzhou People's Procuratorate. After receiving the clues of the case, the Dingzhou People's Procuratorate immediately went to Beijing, where Tian lived, for a visit and investigation. It was found that in 2018, Tian alone brought his daughter to Beijing to make a living and soon suffered from depression, taking psychotropic drugs every day. In 2019, Tian broke his left leg while working. He still can't work for a long time, so he can only do odd jobs, which makes life difficult. Zhu Moulu has not fulfilled his obligation to support his wife and daughter for many years.
The People's Procuratorate of Dingzhou City believed that Tian met the conditions of national judicial assistance, and was a woman who was victims of domestic violence and bigamy crimes. She was a key target of the Supreme People's Procuratorate and the All China Women's Federation to deepen the activities of "paying attention to women in difficulty and strengthening special judicial assistance". In order to further improve the quality and effectiveness of the judicial assistance work and promote the solution of the long-term difficulties of the rescued families, the Dingzhou People's Procuratorate and the Women's Federation of Dingzhou City strengthened the assistance cooperation and actively coordinated the implementation of diversified assistance measures: first, in view of the situation that Tian suffered from depression due to the misfortune of marriage, and her daughter Zhu Moufeng became withdrawn due to the split family character, The Women's Federation of Dingzhou People's Procuratorate invited psychotherapists to conduct psychological counseling for Tian and his daughter, and guide them to walk out of the shadow and face life actively; The second is to take the initiative to contact Dingzhou Civil Affairs Bureau and the town government and village committee where the rescued people are located to help Tian apply for temporary relief funds; Third, the Fourth Procuratorial Department of Dingzhou Municipal People's Procuratorate (the civil administrative procuratorial department) provided Tian with legal advisory services in civil divorce proceedings, such as litigation procedures and the division of husband and wife's common property, and helped him apply for legal aid lawyers.
After the settlement of the judicial aid case, the Dingzhou People's Procuratorate and the Municipal Women's Federation jointly paid a return visit to Mr. Tian to follow up on his psychological state and family life. Now Mr. Tian has found a part-time job as a domestic worker, and his daughter Zhu is working in a kindergarten near the rented house. The mental state of Mr. Tian and her daughter Zhu has changed greatly, Two long lost smiling faces appeared on their faces, and their life returned to normal.
Typical significance
This case is a typical case in which the procuratorial organ and the Women's Federation actively carry out comprehensive assistance and assistance to women in difficulty in the category of "5+2" who have entered the procuratorial process and meet the conditions for assistance. In this case, the Dingzhou People's Procuratorate, relying on the judicial assistance cooperation mechanism established with the Women's Federation of the city, took the initiative to start the judicial assistance procedure for the Women's Federation by using the clues transferred by the "National Judicial Assistance Clue Transfer Letter", and timely issued judicial assistance funds to solve the urgent life difficulties faced by the rescued people. The procuratorial organ also actively coordinated with relevant departments to jointly implement comprehensive assistance measures such as psychological counseling, legal advice, legal aid, and so on. The procuratorial organ made practical and optimized diversified relief measures, effectively promoted the solution of the urgent problems of the rescued families, effectively improved the effect of judicial assistance, and made women in need feel the warmth of procuratorial work better.
Case II
Shanghai Xiong Mouying and Shen Moujiao National Judicial Aid Case
Keywords
Women's Federation of Women and Minors who are victims of domestic violence and have difficulties in transferring clues
Basic Case
The rescued person Xiong Mouying, female, was born in October 1972.
Shen Moujiao, the rescued woman, was born in January 2011.
On March 3, 2010, Xiong Mouying and Shen Mouwei registered their marriage and gave birth to their daughter Shen Moujiao. During his marriage, Shen Mouwei repeatedly committed domestic violence against Xiong Mouying and Shen Moujiao after drinking too much, posing a serious threat to Xiong Mouying and her daughter Shen Moujiao. In the early morning of April 24, 2022, after drinking heavily, Shen Mouwei cut Xiong Mouying's arm with a knife. The police issued the Domestic Violence Warning on May 8 of the same year. On the evening of January 9, 2023, after Shen Mouwei was drunk, he beat Xiong Mouying again without reason. After the public security organ issued an injury examination form, Xiong went to the hospital for treatment. The diagnosis symptoms were "right eye trauma, bleeding in front of the right eye, etc.". On February 3, 2023, with the help of the local women's federation, the Putuo District People's Court issued a personal safety protection order upon Xiong's application. Xiong Mouying proposed to divorce Shen Mouwei, but it was difficult to file a civil lawsuit alone because of fear, disability, financial difficulties, and low educational background. After being transferred by the local women's federation, the People's Procuratorate of Putuo District issued an opinion supporting the prosecution on March 15, 2023. On July 3, 2023, through the mediation of the People's Court of Putuo District, Xiong Mouying and Shen Mouwei reached a divorce mediation agreement, and the two parties voluntarily divorced. Shen Moujiao was supported by Xiong Mouying, and Shen Mouwei paid Shen Moujiao monthly maintenance fees until she came of age.
[Rescue Process]
The Putuo District Women's Federation, in accordance with the Opinions on Further Strengthening Cooperation in National Judicial Assistance for Women in Difficulties jointly issued with the Putuo District People's Procuratorate, transferred the clues of judicial assistance to the Putuo District People's Procuratorate while transferring the clues supporting prosecution cases. The People's Procuratorate of Putuo District quickly launched the judicial relief procedure. After investigation and verification, it was found that Shen Mouwei and Xiong Mouying got married in 2010. After the birth of their daughter Shen Moujiao, Shen Mouwei began to commit domestic violence against Xiong Mouying and Shen Moujiao, causing great physical and psychological damage to both of them; Xiong Mouying is now over 50 years old and has a disabled right eye. Because he has not worked for a long time and is unable to pay social insurance, he cannot enjoy the national retirement policy and has no financial resources for a long time. The People's Procuratorate of Putuo District reviewed and found that Xiong Mouying and her daughter Shen Moujiao were women who suffered from domestic violence, Xiong Mouying was a visually disabled person with a disability grade of four and lack of working ability, and Shen Moujiao was a minor, belonging to the key assistance target specified by the Supreme People's Procuratorate and the All China Women's Federation in deepening the activities of "paying attention to women in difficulty and strengthening special judicial assistance", It was decided to issue judicial relief funds to Xiong Mouying and her daughter Shen Moujiao. In order to further improve the rescue effect, the People's Procuratorate of Putuo District, together with the District Women's Federation, civil affairs, public security, Communist Youth League, street and other departments, negotiated to jointly promote the implementation of comprehensive assistance: first, the local police station was united to the neighborhood committee of Shen Mouwei's residence, and the prosecutor and community police admonished Shen Mouwei, warning him not to beat, threaten Harassment and other behaviors; The second is to contact the social workers and psychological consultants of Putuo Workstation of Sunshine Community Youth Affairs Center to regularly conduct psychological counseling for Shen Moujiao to help her get out of the shadow of her family and grow up healthily; Third, coordinate the implementation of the minimum living allowance policy, include Xiong Mouying and her daughter Shen Moujiao in the list of temporary assistance personnel, ensure the basic living standard, and track and guide the follow-up application for low rent housing; Fourth, we carried out in-depth publicity on the rule of law. Prosecutors went to Shen's school to carry out law popularization education through professional experience activities, so as to enhance Shen and her students' sense of law and self-protection.
After the completion of the judicial assistance case, Xiong Mouying and her daughter Shen Moujiao sent the banner to the People's Procuratorate of Putuo District twice to thank the procuratorial organ for "judicial assistance warms the hearts of the people, people's procuratorial work for the people" and "doing practical things for the people and caring for the people to solve their worries". The People's Procuratorate of Putuo District and the Women's Federation have paid joint visits for many times, but Shen Mouwei has not been found committing violence or harassment again. At present, Xiong and her daughter Shen have returned to normal life.
Typical significance
This case is a typical case of "supporting prosecution+judicial assistance+diversified assistance" carried out by the procuratorial organ and the Women's Federation against disabled women suffering from domestic violence and their minor children. In this case, the People's Procuratorate of Putuo District established a cooperation mechanism with the Women's Federation of the district, launched an integrated mechanism for supervision and case handling in a timely manner, actively performed the function of civil support and prosecution, and established the concept of "domestic violence is not a domestic matter" among the public. At the same time, the judicial assistance procedure was quickly started for the rescue clues transferred by the Women's Federation, the urgent life difficulties faced by the rescued people were alleviated in a timely manner, the effective connection between the judicial assistance and social assistance was actively promoted, the relevant units were coordinated, and with the help of professional forces, classified measures were taken to precisely solve the problems of the source of life and personal safety of the rescue applicants, It not only highlights the judicial strength but also conveys the judicial temperature, and enhances the sense of happiness, acquisition and security of women in difficulty in their family life.
Case 3
Jiangsu Wang Moushan's National Judicial Assistance Case
Keywords
Compulsory medical case, victim's minor "Blue Wind Chime" mandatory report, trans provincial joint rescue, diversified assistance
Basic Case
The rescued Wang Moushan, female, was born in May 2017.
Wang Moushan's parents divorced and lived with her mother Jia Mouyuan. On January 2, 2023, Wang Moushan was hacked to the neck by Jia Mouyuan at her home in Xiaoxian County, Suzhou City, Anhui Province. Because of her serious injury, she was sent to the nearby hospital affiliated to Xuzhou Medical University in Jiangsu Province with good medical conditions for rescue. After treatment, Wang Moushan reached the home rehabilitation condition after discharge. Because his mother had been sent to a mental hospital for medical treatment, his father was negligent in performing his duty of care, and there were no other qualified guardians. The hospital thought that the current discharge might lead to further deterioration of the condition, so it passed the "Blue Wind Chime" Compulsory reporting system (Xuzhou People's Procuratorate collects and disposes the clues of the cases of reporting, infringing on minors and women by connecting with the grid under its jurisdiction, hospitals, schools and other departments, and carries out legal supervision and comprehensive duty performance online platform according to law), reports to Xuzhou People's Procuratorate and Women's Federation for help. The People's Procuratorate of Xuzhou City quickly conducted a preliminary evaluation of relevant clues, and transferred the case to the People's Procuratorate of Quanshan District for early intervention in the investigation of Jia Mouyuan's injury case according to the jurisdiction determined by the "Blue Wind Chime" mandatory reporting system. It was identified that Wang Moushan was seriously injured in Grade II; Jia Mouyuan was suffering from schizophrenia, which was at the onset of the crime and had no capacity for criminal responsibility. The People's Procuratorate of Houquanshan District and the Quanshan Branch of Xuzhou Public Security Bureau simultaneously transferred the case to the procuratorial organ and public security organ of Xiaoxian County, Anhui Province, where the case occurred. On June 21, 2023, the Xiaoxian Public Security Bureau transferred the case of Jia Mouyuan's compulsory medical treatment to the Xiaoxian People's Procuratorate.
[Rescue Process]
When the People's Procuratorate of Quanshan District found the clue of judicial assistance in the case of Jia Mouyuan's injury in advance, it immediately started the judicial assistance procedure. After Wang Moushan returned home from hospital, the two level procuratorates of Xuzhou City and Quanshan District together with the Women's Federation paid a visit to investigate and verify. It was found that before the crime, Wang Moushan's parents divorced, Wang Moushan lived with his mother Jia Mouyuan, and his brother Wang Moujun (born in 2013) lived with his father, Prince Wang Ming. Wang Mouju, Wang Moushan's grandfather, engaged in clothing sewing at home with low income. The great grandmother, Wang Zhao (born in 1940), was physically disabled and could not take care of himself. After the incident, Wang Mouming had to take care of Wang Zhaoshi, Wang Youjun and Wang Moushan. He had to do odd jobs occasionally to make a living. His family life was very difficult.
After examination, the two level procuratorial organs of Xuzhou City believed that Wang Moushan met the conditions for judicial assistance. In order to increase the rescue efforts, it was decided to cooperate with the People's Procuratorate of Xiaoxian County, Anhui Province to release judicial relief funds to Wang Moushan as soon as possible to solve his "urgent need". In order to further improve the rescue effect, Xuzhou People's Procuratorate and Suzhou People's Procuratorate of Anhui Province reached a consensus on multi sectoral cross provincial cooperation, nursing resettlement, medical docking, follow-up guardianship, etc. in accordance with the relevant provisions of the Framework Agreement on Procuratorial Cooperation in the Adjacent Areas of Jiangsu, Shandong, Henan and Anhui. First, the Xiaoxian County Health Commission will take Wang Moushan to the designated hospital for nursing, and assign special personnel to provide professional nursing care. The local civil affairs department will first provide 20000 yuan of relief fund to pay for nursing costs, and the Xiaoxian County People's Procuratorate will follow up and supervise to ensure that special funds are used for special purposes and professional nursing; Second, the Xiaoxian Women's Federation included Wang Moushan as the long-term care object of the local women's federation, provided daily care and assistance, sent living goods, comforted and guided Wang Moushan psychologically, and followed up the family education guidance work; Third, in order to properly solve the follow-up guardianship problem of Wang Moushan, the People's Procuratorate of Quanshan District and the Women's Federation jointly issued the Personal Protection Prompt Letter to his father Wang Mouming, explaining that divorce does not block the guardian's care and visiting obligations, urging them to change their ideas and strengthen guardianship, and guiding Wang Mouming to change his guardianship right through litigation to become Wang Moushan's guardian; Fourth, the procuratorial organ, together with the Women's Federation, has done the ideological work of Wang Mouju, Wang Moushan's grandfather. Wang Moujun and Wang Moushan are temporarily supported by them, and they have fulfilled the obligation of supporting Wang Zhao's family, so that Wang Mouming can go out to work to obtain more income to ensure family life; Fifth, the procuratorial organ actively communicated with the village committee where Wang Moushan is located to promote the handling of the minimum living allowance for Wang Moushan.
After the completion of the judicial assistance case, after a return visit, Wang Moushan has recovered physically and gone out of the psychological shadow. Wang Mouming has stable work and family life has gradually returned to normal.
Typical significance
This case is a typical case in which the procuratorial organ strengthened the cooperation of judicial assistance in different places for minors injured by guardians of mental diseases, and cooperated with women's federations and other organizations to carry out diversified assistance. In this case, the procuratorial organs of Jiangsu and Anhui provinces, based on the principle of being most beneficial to minors, rely on the working mechanism established with the Women's Federation to connect judicial assistance for women and children in difficulty, connect with the Women's Federation at the first time, pool the joint efforts of the Women's Federation, medical care, civil affairs and other social protection, government protection, and integrate the procuratorial organs at the upper and lower levels, effectively and orderly promote trans provincial and trans regional cooperation, Multi party joint assistance to ensure the right to life and health of minors with high quality. At the same time, the procuratorial organ, together with the Women's Federation, formulated and issued the Personal Protection Prompt Letter, guided the change of the upbringing relationship, combined with psychological counseling, to ensure the physical and mental health problems such as family care, upbringing and nursing of minors after recovery, and practice the "great love of the country" with the procuratorial responsibility.
Case 4
Shandong Li and other three national judicial aid cases
Keywords
Pluralistic assistance for prosecution and supervision of domestic violence victims' recourse for alimony
Basic Case
The rescued person, Ms. Li, was born in December 1989.
The rescued person Zhang Mouxu, male, was born in January 2017.
The rescued man, Zhang Mouchen, was born in May 2018.
In 2016, Mr. Li and Mr. Zhang registered marriage and gave birth to their second sons, Mr. Zhang Xu and Mr. Zhang Chen. On August 7, 2020, the People's Court of Caoxian County, Shandong Province, made a civil judgment on the divorce case between Li and Zhang, and granted the divorce. Zhang Xuxu and Zhang Chenchen, the sons of the two, were supported by Li, and Zhang paid 106320 yuan for the maintenance of Li's children. After the judgment came into effect, Zhang failed to perform his obligation of payment. On July 1, 2022, Mr. Li applied to the People's Court of Caoxian County for compulsory execution. On December 30, 2022, Cao County People's Court ruled to terminate this execution. In March 2023, Mr. Li went to Caoxian Women's Federation for help, hoping to urge the court to implement the civil judgment. Caoxian Women's Federation led him to apply to Caoxian People's Procuratorate for supervision.
[Rescue Process]
The People's Procuratorate of Caoxian County accused the appeal procuratorial department of accepting Liu's application for procuratorial supervision according to law. The review found that Mr. Li alone undertook the obligation of raising minor children after divorce, and his family life was difficult, which might meet the conditions for judicial assistance. While transferring the case to the civil procuratorial department, he took the initiative to start the judicial assistance procedure. The People's Procuratorate of Caoxian County and the Women's Federation of Caoxian County jointly conducted a visit and investigation, and found out that Zhang committed domestic violence against Li shortly after his marriage, which became more serious during the marriage, resulting in Li's physical and mental fatigue, continuous physical injuries, and depression in spirit. Li had no choice but to file a divorce lawsuit with the court; After the judgment came into effect, Zhang did not perform his judgment obligations, and Li applied to the court for compulsory execution. However, because Zhang could not be contacted and there was no property available for execution, the court ended the execution; After Li's divorce, he moved to his parents' home in the countryside. Two children followed him. Zhang Mouxu, the eldest son, suffered from hyperactivity autism, communication disorder and destructive tendency, and needed long-term treatment and personal care. Li was unable to go out to work because of taking care of his children. The mother and son were struggling, and their lives were in trouble.
The People's Procuratorate of Caoxian County, after examination, believed that Mr. Li met the conditions for judicial assistance, and that he belonged to the Supreme People's Procuratorate and the All China Women's Federation (ACWF), which clearly stated in the activity of "paying attention to women in difficulty and strengthening special judicial assistance" that "women who are sued for divorce due to domestic violence have real difficulties in life and think they need assistance according to the actual situation", decided to grant them judicial assistance funds. In order to further improve the rescue effect, the People's Procuratorate of Caoxian County, together with the Women's Federation of Caoxian County and the local government of the town where the rescued people are located, held a forum to discuss the connection measures between judicial assistance and social assistance. First, the People's Procuratorate of Caoxian County promotes judicial assistance and civil execution supervision as a whole, provides legal aid for them, and helps them collect clues to start the execution procedure again; The second is to coordinate Cao County Civil Affairs Bureau to visit and investigate Li's family, open up a "green channel", implement "three cascade review" in villages, towns and counties, and implement "one-to-one" follow-up by civil affairs cadres, so as to achieve rapid handling of minimum living allowance procedures. At present, Li's family can receive minimum living allowance every month; Third, coordinate Cao County Employment Service Center to introduce Mr. Li to e-commerce service training to improve his ability to earn a living on his own; Fourth, arrange psychological counselors to conduct psychological counseling for the mental depression caused by domestic violence in Mr. Li, to heal his psychological trauma and enhance his confidence in life; Fifth, coordinate the county hospital and the county Disabled Persons' Federation to quickly apply for a Grade III mental disability certificate for Zhang, who suffers from autism, so that he can enjoy the all-weather one-on-one corrective rehabilitation training in the county rehabilitation center for free.
After the completion of the judicial relief case, the People's Procuratorate of Caoxian County and the Women's Federation of Caoxian County carried out joint return visits for many times. At present, Mr. Li has gradually recovered and is in good mental condition. He has been employed as a customer service by a local clothing online shop with a small reputation, which has realized flexible employment and provided a stable economic source for his family. The civil enforcement case reached an enforcement settlement with Zhang, and Zhang's illness has also been alleviated. Now she is studying in a school for deaf mutes, and the life of mother and son has been on the right track.
Typical significance
This case is a typical case in which the procuratorial organ cooperated with the Women's Federation to carry out diversified relief and assistance for women and their children who were in trouble due to the case in the process of performing their duties. In this case, the People's Procuratorate of Caoxian County and the Women's Federation of Caoxian County established a communication and cooperation mechanism to carry out a joint visit and investigation on the rescue clues. In combination with the practical difficulties faced by the rescued people, the People's Procuratorate of Caoxian County was active in performing their duties, and "tailored" multiple assistance programs for the rescued people were implemented to achieve the convergence of judicial assistance and social assistance. At the same time, we communicated with the court to exhaust the implementation measures, contacted the civil affairs department to solve the basic life problems of the rescued people, contacted the employment service center to solve their long-term life problems, carried out psychological counseling to heal psychological trauma, and helped the rescued women to become self reliant, which fully demonstrated the basic value pursuit of the procuratorial organ to "handle each case with high quality and efficiency".
Case V
The National Judicial Assistance Case of Li Mouping and Three People in Hunan Province
Keywords
Rural women in difficulty, disabled persons, joint assistance, diversified assistance, grassroots governance
Basic Case
The rescued person, Li Mouping, female, was born in October 1974.
The rescued person, Li Mouxiang, male, was born in May 2015.
The rescued person Dong Mouzhi, female, was born in June 1951.
On March 6, 2022, Li, his wife Li Mouping and his brother Li Moujie came to Li Moujie's father-in-law's house and picked up his wife Yang Mouping to go home. They quarreled and made physical contact with Yang Mouming (Yang Mouping's uncle) who was at home. The two sides were pulled apart by the masses and reported to the public security organ. In the early morning of the next day, during the investigation by the public security organ, Mr. Li left midway to send his wife home. On the way, he suddenly felt unwell and went to a central hospital for medical treatment. After rescue, he died. It was identified that Li suffered from blunt external force on his chest, which led to acute attack of severe coronary heart disease and acute respiratory and circulatory failure. Coronary heart disease was the fundamental cause of death. On March 7, 2022, the Public Security Bureau of Hanshou County, Hunan Province filed and investigated Yang Mouming for the crime of causing death due to negligence, and transferred him to the People's Procuratorate of Hanshou County for review and prosecution on May 31, 2022. On May 24, 2023, the People's Procuratorate of Hanshou County decided not to prosecute Yang Mouming in case of doubt.
[Rescue Process]
The criminal prosecution department of the People's Procuratorate of Hanshou County found a clue to judicial assistance in the case of death caused by Yang Mouming's negligence, and then transferred the clue to the prosecution department for complaint. Because the case involves special groups such as rural women in difficulty and the disabled, the complaint prosecution department opened a "green channel" and immediately started the judicial relief procedure. After investigation and verification, it was found that six people in Mr. Li's family originally lived in Yixian County, Hebei Province. At the time of the crime, Mr. Li accompanied his wife back to her parents' home to visit relatives. Mr. Li himself was a long-distance truck driver and the economic pillar of the family. His father was a retired soldier. His eldest son suffered from severe cerebral palsy and Grade I physical disability. His second son, Mr. Li, was a minor, suffering from severe autism and Grade I intellectual disability, His wife, Li Mouping, was unable to work outside to take care of the elderly and children; After the death of Li, the family lost its main source of income, and Yang Mouming was unable to make compensation. Li Mouping's family did not receive compensation, and their life was extremely difficult.
After examination, the People's Procuratorate of Hanshou County held that Li's family met the conditions for judicial assistance, and Li was a key target of the activity of "paying attention to women in need and strengthening special judicial assistance", so it should be given judicial assistance. In order to increase the rescue efforts, the People's Procuratorate of Hanshou County requested the People's Procuratorate of Changde City to carry out joint rescue and issue judicial relief funds. In order to further alleviate the living difficulties faced by the families of the rescued, the People's Procuratorate of Hanshou County actively cooperated with the Women's Federation, civil affairs and other departments to carry out comprehensive assistance. First, the grassroots women's federations have organized many visits to comfort Li Mouping by psychological counseling; Second, coordinate with the civil affairs department to exempt the funeral home from the funeral expenses that Li Mouping's family cannot afford; Third, the petition departments and grass-roots organizations at the municipal and county levels included Li Mouping in the category of people in need, and provided assistance through measures such as granting relief funds for living difficulties; Fourth, invite township women's federations and judicial offices to give play to the working advantages of "mother's family" and "old lady's uncle", participate in investigation and mediation throughout the process, urge Yang Mouming to bear civil legal liability, raise funds for compensation in time, and urge both parties to reach reconciliation and repair social relations.
After the completion of the judicial aid case, the People's Procuratorate of Hanshou County and the Women's Federation organized several return visits to Li Mouping. Li Mouping expressed her gratitude to the procuratorate and the Women's Federation for their help, and she would take good care of her family and live a good life. The People's Procuratorate of Hanshou County took the case handling as an opportunity to comprehensively sort out and analyze the cases of civil to criminal transfer caused by family neighborhood disputes within its jurisdiction, and issued procuratorial suggestions to the county judicial bureau and other departments for the problems found in the mediation and resolution of family neighborhood disputes, so as to promote the "source governance" of conflicts and disputes and improve the level of grass-roots social governance. The People's Procuratorate of Hanshou County, together with the County Women's Federation and the County Disabled Persons' Federation, also jointly formulated and issued the Implementation Opinions on Establishing a National Judicial Assistance and Social Assistance Linkage Mechanism to build a diversified assistance system for women and children in need and the disabled.
Typical significance
This case is a typical case in which the procuratorial organ and the Women's Federation cooperated with relevant functional departments to carry out comprehensive relief and assistance for rural women in need, relying on the linkage relief mechanism. In this case, the People's Procuratorate of Hanshou County opened a "green channel" for judicial assistance to women in need, and carried out joint assistance with the People's Procuratorate of Changde City. While distributing judicial assistance funds, it organized and integrated various social assistance resources, carried out diversified assistance and assistance return visits, realized the organic connection between judicial assistance and social assistance, and effectively solved the actual difficulties of the rescued families, And the results of case handling will be transformed into social governance achievements, a long-term working mechanism will be established, the quality of judicial assistance cases will be improved, and the "chorus" of helping the needy will be played.
Case 6
Guangxi Huang Moujie and other five national judicial aid cases
Keywords
Follow up and return visit to the comprehensive assistance of the victims' close relatives in the murder case, rural women and minors in need of joint relief
Basic Case
Huang Moujie, the rescued woman, was born in December 1981.
The rescued person Su Mouya, female, was born in August 2003.
The rescued person Su Mouxing, female, was born in May 2007.
The rescued person Su Mouyao, female, was born in May 2007.
The rescued person, Wei Mouying, female, was born in June 1953.
On January 27, 2022, due to the labor remuneration dispute with Su Moubo, Wei Mouzheng and Wei Mouzheng cut down Su Moubo with knives in Du'an Yao Autonomous County, Guangxi Zhuang Autonomous Region, causing his death on the spot. On January 27, 2022, the Public Security Bureau of Du'an Yao Autonomous County put Wei Zheng and Wei on file for investigation on suspicion of intentional homicide. On August 5, 2022, the People's Procuratorate of Hechi City filed a public prosecution against Mr. Wei Zheng and Mr. Wei. On February 28, 2023, the Hechi Intermediate People's Court made a judgment of first instance, sentenced Wei Mouzheng to death with a two-year suspension of execution and Wei Mou to 15 years of fixed-term imprisonment for the crime of intentional homicide, and compensated the victims' families for their economic losses. The defendant refused and appealed. On July 27, 2023, the Higher People's Court of Guangxi Zhuang Autonomous Region issued a second instance judgment, rejecting the appeal and upholding the original judgment.
[Rescue Process]
When the criminal prosecution department of Hechi People's Procuratorate handled the intentional homicide case of Wei and Wei, it found that Wei and Wei were unable to compensate, and the victim's family may meet the conditions for judicial assistance, so it immediately transferred the clues of judicial assistance to the prosecution department for complaint. The court accused the appeal and procuratorial department of investigating and verifying through home visits, and found out that Huang's family was originally a poor family in rural areas, and her mother-in-law Wei Mouying was over 70 years old and unable to work. Five children were students at school, four of whom were minors and one was a college student; Before the crime, the family life was mainly maintained by the labor remuneration obtained by Su Moubo for working abroad. After the death of Su Moubo, the family lost its main source of income and only relied on Huang Moujie's part-time work and subsistence allowance. The family life was very difficult.
The People's Procuratorate of Hechi City reviewed and found that Huang's family meets the conditions for judicial assistance, and Huang's family belongs to the highest level of inspection. The All China Women's Federation further carried out the activity of "paying attention to women in need and strengthening special judicial assistance", which clearly stated that "the main labor force of the family was killed by crime, and women living in difficulties in rural areas who bear the obligations of raising children of minors and supporting the elderly" 。 In order to increase the rescue efforts, Hechi People's Procuratorate submitted to the People's Procuratorate of Guangxi Zhuang Autonomous Region for joint rescue, and then the three-level procuratorates of Guangxi Zhuang Autonomous Region, Hechi City, and Du'an Yao Autonomous County jointly issued judicial relief funds to Huang Moujie and other rescued people. In order to further improve the relief effect, the People's Procuratorate of Du'an Yao Autonomous County issued a letter of transfer of social assistance clues, held a symposium with the County Women's Federation, the rural revitalization department and the county civil affairs, education, agricultural and commercial banks and other departments to study and implement diversified assistance and relief measures. First, the County Women's Federation has invited psychological consultants to visit the rescued person Huang Moujie for many times to provide psychological counseling and comfort, encourage them to live a good life and focus on cultivating children; Second, the Rural Revitalization Bureau provides employment information and skills training for Huang according to his willingness to go out to work on the festival; Third, the Agriculture and Rural Affairs Bureau helped Wei Mouying develop the sheep raising industry at home and applied for industry award and subsidy funds; Third, the Education Bureau will strive for education security policy support for five school children, reduce and remit tuition and miscellaneous fees, grant state grants, admission subsidies for needy college freshmen, rain and dew plan subsidies, nutrition improvement subsidies for rural compulsory education stage, and subsistence subsidies, and handle student loans; Fourth, strengthen the supervision of relief funds. The People's Procuratorate of Du'an Yao Autonomous County signed a trusteeship agreement with the county rural commercial bank, and adopted the judicial relief fund supervision mode of "entrusted custody+use supervision+monthly distribution" to ensure that the relief funds are earmarked; Fifthly, the People's Procuratorate of Du'an Yao Autonomous County and the Women's Federation continued to carry out psychological counseling and family education guidance for the families of the rescued people to ensure their physical and mental health.
After the completion of the judicial relief case, the People's Procuratorate of Du'an Yao Autonomous County and the Women's Federation carried out a joint return visit in a regular manner. At present, Huang Moujie has found a suitable job. Wei Mouying develops livestock breeding at home. All five children are relieved to go to school, and their family life is getting better and better. Huang Moujie presented a banner to the procuratorial organ, and Su Mouya wrote a letter of thanks to the procurator. Huang Moujie said that he would actively face life in the future, take good care of the elderly and raise children.
Typical significance
This case is a typical case in which the procuratorial organ strengthened judicial assistance cooperation with the Women's Federation and cooperated with relevant functional departments to carry out comprehensive assistance for women who lost their main family labor force due to the case. In this case, the three-level procuratorial organs in Guangxi, in response to the actual difficulties of the rescued families, cooperated with the Women's Federation to actively connect with functional departments such as rural revitalization, agriculture and rural areas, education, and agricultural and commercial banks, and took precise measures to provide diversified assistance from industrial assistance, educational support, psychological counseling, and capital supervision, so as to achieve an effective connection between judicial assistance and social assistance, Provide strong support for the long-term living security of the rescued family. Through regular return visits, we will continue to consolidate and improve the quality and efficiency of case handling and convey the humanistic care of prosecutors.
Case 7
Chongqing Yinmouli National Judicial Assistance Case
Keywords
Three level linkage and diversified assistance for women who are victims of fraud and complainants with difficulties
Basic Case
The rescued person, Yin Mouli, was born in November 1979.
From April 2020 to January 2022, Hao obtained a total of 795800 yuan from Yin Mouli on the ground of helping Yin Mouli handle the low rent housing deposit and buy refrigerators, air conditioners and other goods at a low price for her second-hand home appliance stores. In addition to paying 35000 yuan, Hao used the rest of the money to repay gambling debts or personal consumption. After the case was filed and investigated by the public security organ, the People's Procuratorate of Dianjiang County, Chongqing, filed a public prosecution. On July 13, 2022, the People's Court of Dianjiang County sentenced Hao to 10 years' imprisonment for fraud, and ordered him to pay back the victim Yin Mouli's economic loss of 760800 yuan. Hao was unable to compensate Yin for her economic losses because her funds were all wasted by Hao. Yin Mouli refused to accept the judgment and appealed to the People's Procuratorate of Dianjiang County.
[Rescue Process]
When the People's Procuratorate of Dianjiang County found that Yinmouli might meet the conditions for judicial assistance when handling the criminal appeal case of Yinmouli, it took the initiative to inform her of the judicial assistance policy and start the judicial assistance procedure in a timely manner. After investigation and verification, it was found that before the incident, Yin Mouli rented a market in Dianjiang County to engage in second-hand household appliances business. Because it was during the COVID-19 epidemic, the second-hand household appliances business was poor, Yin Mouli's husband suffered from hypertension, hyperlipidemia, diabetes and other diseases, Yin Mouli's father stayed at home all the year round due to illness, and Yin Mouli's two sons were taking postgraduate examinations, The money defrauded is all the savings of Yin's family for many years; After the incident, Yin Mouli's second-hand home appliance business was difficult to maintain due to lack of funds. Her two sons lost confidence in their studies after learning that their family savings had been defrauded, and her husband and father were unable to bear the medical expenses. Yin Mouli's depression and anxiety became increasingly serious. Hao Moumou's family is in a difficult situation, so he spends the cheated property on high-end consumption, and has no compensation ability. Yin Mouli's family life is in trouble.
The People's Procuratorate of Dianjiang County reviewed and found that Yin Mouli's family life was difficult because of Hao Moumou's fraud, which was a woman who was in difficulty due to the case and met the conditions for judicial assistance. In view of Yin Mouli's difficult life, Dianjiang County People's Procuratorate asked the Third Branch of Chongqing People's Procuratorate and Chongqing People's Procuratorate for instructions and reports, opened a "green channel" for judicial assistance, accelerated review, approval, and payment of judicial assistance funds, and timely alleviated the plight of the rescued people. In order to better solve the actual difficulties of the rescued families, the People's Procuratorate of Dianjiang County, together with the Women's Federation of Dianjiang County, based on the application scenario of "Party building+judicial assistance+social assistance", transferred the social assistance clues of the case to the relevant departments of human society, civil affairs, medical insurance, education, etc. to jointly carry out diversified and comprehensive assistance. First, guide and help Yin Mouli's husband and father to deal with special diseases; The second is to list Yin Mouli, her husband and her father as the objects of assistance for families in need; Third, guide them to successfully apply for 200000 yuan women's micro guaranteed loans for business and subsidize interest; Fourth, coordinating the doctors of the rehabilitation treatment center to provide rehabilitation guidance for Yin's father; The fifth is to provide processing materials for electronic components for Yin's husband to achieve flexible employment at home; Sixth, the members of the "Peony Bud" psychological service team of the County Women's Federation conducted psychological counseling for Yin Mouli and her son to guide them to build confidence in life and school.
On June 26, 2023, the People's Procuratorate of Dianjiang County and the Women's Federation of Dianjiang County paid a return visit to Yin Mouli, and learned that Yin's two sons had been admitted to a famous university for postgraduate study. Yin Mouli had come out of depression and anxiety, and various support measures had been put in place, and the criminal appeal cases had been resolved. On February 2, 2024, the People's Procuratorate of Dianjiang County and the Women's Federation of Dianjiang County paid a return visit to Yin Mouli, and learned that Yin Mouli's second-hand home appliance business has entered the right track and her family life has changed greatly.
Typical significance
This case is a typical case in which the procuratorial organ, in combination with the handling of criminal appeals, strengthened the judicial assistance cooperation with the Women's Federation, and provided judicial assistance and comprehensive assistance to women who had difficulties in family life due to the case. In this case, the People's Procuratorate of Dianjiang County found clues of judicial assistance in the process of handling a criminal appeal case, fully relied on the "integrated" case handling mechanism of the procuratorial organ, strengthened reporting to the higher procuratorial organ, quickly started the judicial assistance procedure, and timely released judicial assistance funds to alleviate the urgent difficulties of the rescued people. In order to further improve the rescue effect, the procuratorial organ, relying on the digital application scenario, linked with the Women's Federation, coordinated functional departments, effectively gathered social forces, provided women's micro guarantee loans, carried out psychological counseling, handled special disease certificates, carried out rehabilitation treatment, helped flexible employment at home and other diversified comprehensive assistance measures, and carried out joint return visits, We guided the families of the rescued people out of their difficulties, regained their confidence in production, operation, learning and life, and achieved good results, demonstrating the value orientation of "handling every case with high quality and efficiency".
Case 8
The case of Yao Mou'e and other five people in Guizhou who received state judicial assistance
Keywords
Multiple Assistance for Women's Home Hearing in the Predicament of Criminal Victims' Close Relatives
Basic Case
The rescued person, Yao Mou'e (pregnant woman), was born in July 1991.
The rescued person, Wang Mouting, female, was born in July 2009.
The rescued person, Wang Mouliu, female, was born in February 2011.
The rescued person, Wang Mouqi, male, was born in June 2013.
The rescued person Wang Moulu, female, was born in July 2016.
On January 18, 2023, during the process of sending the fallen trees down the mountain, Wang Moujun was killed on the spot when one of the trees hit an obstacle and bounced back, hitting Wang Moujun who was working. On February 2, 2023, the Public Security Bureau of Wangmo County, Guizhou Province, filed a case for investigation on Wang's death due to negligence, and then transferred it to the People's Procuratorate of Wangmo County for review and prosecution. On March 10, 2023, the People's Procuratorate of Wangmo County made a decision not to prosecute according to law because Wang's crime was minor. Yao Mou'e refused and appealed to the People's Procuratorate of Wangmo County.
[Rescue Process]
The People's Procuratorate of Wangmo County found the clue of judicial assistance in this case in the process of handling Yao Mou'e's criminal appeal case, and immediately started the judicial assistance procedure. After investigation and verification, it was found that there were 7 people in Yao's family before the crime, and his husband Wang was the main labor force of the family, and his income mainly depended on his husband's farming; His father-in-law is over 60 years old, still working at home as a family farmer, and his mother-in-law has passed away; Yao Mou'e mainly takes care of 4 minor children at home, and usually does farm work to subsidize the family. She was pregnant at the time of the crime; After the incident, Wang died, and the family lost its main source of income. Yao raised many children alone and had to support the elderly, making family life very difficult; Wang Moujun, the non indicted person, was a household farmer, originally a poor household with a registered card, and was unable to make compensation.
The People's Procuratorate of Wangmo County reviewed and found that Yao's family meets the conditions for judicial assistance, and Yao's family belongs to the highest level of inspection. The All China Women's Federation further carried out the activity of "paying attention to women in need and strengthening special judicial assistance", which clearly stated that "the main labor force of the family was killed by illegal crimes, and took the responsibility of raising minor children and supporting the elderly", It is the key object of judicial assistance of the procuratorial organ, and has decided to issue judicial assistance funds to 5 people including Yao Mou'e. In order to further strengthen the assistance and effectively protect women's rights and interests, the People's Procuratorate of Wangmo County, relying on the judicial assistance established by the People's Procuratorate and the County Women's Federation, has helped comprehensively promote the rural revitalization cooperation mechanism and jointly implemented diversified assistance measures. First, we carried out door-to-door hearings, invited the old village heroes of ethnic villages to participate, and helped Yao Mou'e and Wang Moujun reach a compensation agreement. Yao Mou'e also accepted the decision of the procuratorial organ not to prosecute; Second, the County Women's Federation distributed funds for women and children with special difficulties to protect their rights and care, organized regular visits to Yao's home, included the labor union's needy workers in the assistance, distributed household goods, carried out psychological comfort and counseling, and encouraged them to overcome difficulties and actively face life; Third, the rural revitalization department included Yao's family in the monitoring and assistance target, and issued temporary relief funds and monthly living security funds; Fourth, the village committee of Yao's residence helped him apply for public welfare posts; Fifthly, the county education bureau included four minor children of Yao Mou'e in the scope of subsistence allowance for families with financial difficulties in compulsory education.
In December 2023, the People's Procuratorate of Wangmo County, together with the Women's Federation of Wangmo County and others, carried out a rescue return visit, and learned that Yao and her family had recovered well after childbirth. Now she is the leader of the villagers' group and the forest ranger. She receives a certain salary every month, and family difficulties have been better solved. Yao and her family have regained their confidence in life.
Typical significance
This case is a typical case in which the procuratorial organ and the Women's Federation have strengthened the assistance cooperation for women who are in trouble due to the case, and cooperated with the relevant departments to carry out the comprehensive assistance of diversified assistance. In this case, the People's Procuratorate of Wangmo County carefully examined the family situation of the complainant in handling the criminal appeal case, and promptly carried out judicial assistance after finding the rescue clues. Through door-to-door hearing, the two parties of the case reached a compensation agreement and effectively resolved social conflicts. In view of the fact that Yao Mou'e, the rescued person, is a pregnant woman with elderly people in need of support and minor children in need of support, the procuratorial organ has actively carried out comprehensive assistance with the Women's Federation, rural revitalization, education and other departments to form a sustained joint force of assistance, to achieve an effective connection between judicial assistance and social assistance, and to effectively protect the legitimate rights and interests of women who have difficulties in life due to cases.
Case 9
Shaanxi Su Mouzhen and Four Other People's National Judicial Assistance Case
Keywords
Social governance of comprehensive assistance for rural women in need of close relatives of victims of traffic accidents
Basic Case
The rescued person Su Mouzhen, female, was born in August 1972.
The rescued person, Hou Mouye, female, was born in September 1968.
The rescued person An Mouqin, female, was born in November 1975.
The rescued person, Chen Moujuan, female, was born in September 1986.
On December 19, 2022, Mr. Li drove a small motor vehicle after drinking and collided with a tricycle driven by Mr. Dong Xuexue and carrying Mr. Sun, Mr. Sun Kui and Mr. Sun Hu in the same direction ahead, resulting in the deaths of Mr. Sun and Mr. Sun Kui on the spot. Mr. Dong Xuexue and Mr. Sun died after rescue. After the accident, Li Moujun abandoned his car and ran away. It is confirmed that Li Moujun is fully responsible for this traffic accident. On March 20, 2023, the Public Security Bureau of Luochuan County, Shaanxi Province, put Li Moujun on file for investigation on suspicion of causing traffic accidents. On May 5, 2023, the People's Procuratorate of Luochuan County initiated a public prosecution according to law. On September 5, 2023, the People's Court of Luochuan County sentenced Li Moujun to six years and four months in prison for the crime of causing traffic accidents.
[Rescue Process]
When handling the traffic accident case of Li Moujun, the criminal prosecution department of the People's Procuratorate of Luochuan County found that Li Moujun was unable to make compensation and that the close relatives of the four victims might meet the conditions for judicial assistance, so it transferred the clues of judicial assistance to the prosecution department for complaint. The procuratorial department for complaint and appeal shall assign special personnel to handle the complaint and appeal first. After examination, it was found that Su Mouzhen, Hou Mouye, An Mouqin and Chen Moujuan were rural housewives, respectively the wives of the victims Dong Mouxue, Sun Mouqiang, Sun Moukui and Sun Mouhu; Before the crime, the four families of Dong Mouxue, Sun Mouqiang, Sun Moukui and Sun Mouhu mainly relied on the income of four farmers. After the crime, the four families lost their main labor force, and their economic sources were cut off. The four families fell into living difficulties to varying degrees; Su Mouzhen needs to support her minor son and 76 year old mother-in-law; Hou Mouye can only maintain a basic life, and Sun Mouqiang's hospital treatment costs up to 160000 yuan; An Mouqin is sick all the year round, and his son is a college student; Chen Moujuan's two minor sons are both students at school, and the family burden falls on Chen Moujuan alone.
The People's Procuratorate of Luochuan County reviewed and found that four people, including Su Mouzhen, met the conditions for judicial assistance, and all of them were rural women in need who were clearly identified by the Supreme People's Procuratorate and the All China Women's Federation in deepening the activity of "paying attention to women in need and strengthening special judicial assistance" that "the main labor force of the family was killed by violations of laws and crimes, and assumed the obligations of raising minor children and supporting the elderly", It belongs to the key relief object of the procuratorial organ, and decides to give judicial relief. Before the Mid Autumn Festival in 2023, the People's Procuratorate of Luochuan County held a forum on the public distribution of judicial aid funds, inviting the representatives of the county people's congress, the county party committee's political and legal committee, the municipal people's congress, the police handling the case, and the representatives of the town and village where the rescued people are located to participate in, and publicly distribute judicial aid funds to four rescued people. In order to further improve the effect of judicial assistance, the People's Procuratorate of Luochuan County actively cooperated with the Women's Federation of the county to coordinate relevant functional departments to carry out diversified and comprehensive assistance: first, employ psychological experts to calm the feelings of the rescued people and their families and help them restore their confidence in life; Second, pay regular return visits to the families of the rescued people to follow up their production and living conditions after being rescued; The third is to coordinate the civil affairs, education and other departments to carry out follow-up assistance to ensure the implementation of policies such as subsistence allowance, tuition fee reduction and subsidy, and medical security.
After the completion of the judicial relief case, the People's Procuratorate of Luochuan County and the County Women's Federation established a long-term mechanism to strengthen the cooperation of judicial relief work for women and children in need, so as to form a joint effort to better safeguard the legitimate rights and interests of women and children. The People's Procuratorate of Luochuan County issued procuratorial suggestions on social governance to the traffic police department of the county and relevant villages and towns for drunk driving, illegal carrying of agricultural vehicles and other situations exposed in the accident.
Typical significance
This case is a typical case in which the procuratorial organ and the Women's Federation have strengthened the cooperation of judicial assistance and provided comprehensive assistance to rural women in need whose main family labor force has suffered from criminal cases. In this case, after the People's Procuratorate of Luochuan County found the clues of rescue, it quickly started the judicial rescue procedure, promptly issued judicial relief funds, actively cooperated with the Women's Federation to organize and coordinate civil affairs, education and other departments to carry out comprehensive rescue and assistance, effectively alleviated the actual difficulties faced by the rescued families, and developed procuratorial suggestions for social governance, and actively integrated into grass-roots social governance. The procuratorial organ has also established a long-term working mechanism with the Women's Federation to clarify the measures for finding and transferring clues, strengthen work cooperation, build a relief platform to help women in difficulty in the judicial process get rid of difficulties, and better realize the organic connection between judicial assistance and social assistance.
