w88 casino News Network (provided by the Law w88 casino)By the China Law Society w88 casino Law Research Association and the Supreme People’s Procuratorate w88 casino Procuratorial Research Base·The fifth (2024) Top Ten Administrative Prosecution Typical Cases selection event co-sponsored by the Administrative Prosecution Research Center of the w88 casino has gone through public selection, expert preliminary evaluation, expert final evaluation and other review procedures to select the top ten administrative procuration typical cases and nomination cases in 2024. The list is announced as follows.
List of the top ten typical w88 casino prosecution cases in 2024
1. Zhang v. w88 casino Detention and Fine Procuratorial Supervision Case of a County Public Security Bureau in Shandong Province
2. A case of prosecution and supervision of w88 casino compensation for land registration against the People’s Government of a city in Jiangxi Province and the Natural Resources and Planning Bureau of a certain city in Jiangxi Province by a renovation and development office and others
3. Zeng Mou v. Market Supervision and Administration Bureau of a certain county in Guangxi Zhuang Autonomous Region and Food w88 casino Punishment Procuratorial Supervision Case of a County People’s Government
4. Zou Moumou v. Human Resources and Social Security Bureau of a City in Sichuan Province w88 casino Confirmation Prosecution and Supervision Case
5. Case of the People’s Procuratorate of a certain district in Hangzhou City, Zhejiang Province urging the social security department to perform its duties in accordance with the law
6. Guangdong Province Chen Moumou suspected of indiscriminate deforestation crime without prosecution and execution reverse case
7.Chen Jia v. A hospital in Kunming City, Yunnan Province performed its statutory duty of issuing medical certificate of birth and supervised the case
8. A case in which the People’s Procuratorate of a certain city in Liaoning Province urged the Human Resources and Social Security Bureau of a certain county to correct the illegal behavior in determining basic pension insurance benefits
9. A case of prosecution and supervision of the application by the Ecological Environment Bureau of a certain city in Jiangsu Province to implement the w88 casino penalty decision of a Jiangsu Aluminum Co., Ltd.
10. The reverse transition case of Xia Moumou and three others suspected of fraud without prosecution and execution
Top Ten Typical w88 casino Procuratorial Cases in 2024
1. Zhang v. w88 casino Detention and Fine Procuratorial Supervision Case of a County Public Security Bureau in Shandong Province
[Keywords]
w88 casino effective referee supervision, legitimate defense, public security w88 casino penalties, protest
[Case Introduction]
On the evening of November 22, 2020, in a hotel in a certain county, Liu had a fight with the hotel owner Zhang over a meal issue. After receiving the call, the Public Security Bureau of a certain county filed a case for investigation and made an w88 casino penalty decision on Zhang and determined that Zhang's illegal act of beating others was established. According to the first paragraph of Article 43 of the "Public Security Administration Punishment Law", it was decided to impose an w88 casino penalty of 5 days on Zhang and a fine of 200 yuan. Zhang filed an w88 casino lawsuit, and both the first and second instance courts rejected Zhang’s claims. Zhang applied to the court for a retrial, but was also rejected.
Zhang applied to the procuratorate for supervision. After a certain city's People's Procuratorate accepted and reviewed the case in accordance with the law, it submitted a protest to the Provincial People's Procuratorate. After investigation and verification, the Provincial People's Procuratorate believes that: Zhang is an individual business owner who comes from other provinces to run a snack bar in a certain county. As a middle-aged woman, she is obviously disadvantaged compared with Liu in terms of age, height, weight, etc., and the direct cause of the incident is that Liu was drunk and provoked trouble, and took the lead in launching an attack. In order to avoid Liu's ongoing illegal intrusion, Zhang The act of picking up the objects around you to fight back against harm is in line with the judgment and reaction of ordinary people in an emergency. With reference to the "Guiding Opinions on the Application of the Justifiable Defense System in accordance with the Law" of the "Two High Schools and the First Ministry" and the relevant provisions of the Ministry of Public Security's "Interpretation of Issues Related to the Implementation of the "Public Security Management Punishment Law of the People's Republic of China" by the Ministry of Public Security (II)", it is considered legitimate defense and does not constitute an altercation. The people's court identified legitimate defense as fighting, blurring the boundaries between "righteous" and "unjust", and confusing the difference between the reasons for preventing violations and the circumstances of discretionary punishment. At the same time, there are many contradictions and doubts in the statements of the parties and the testimony of the witnesses in this case. It is difficult to accurately determine that Liu's head injury was caused by Zhang based on the video data. Therefore, the final judgment had problems such as insufficient main evidence for determining the facts and errors in the application of laws and regulations.
On September 26, 2023, the Provincial People’s Procuratorate filed a protest with the Provincial Higher People’s Court. After a retrial, the Provincial Higher People's Court held that the protest was established, and ruled to revoke the first and second instance judgments and revoke the w88 casino penalty decision made by a certain county public security bureau.
[Typical meaning]
Justice is the lifeline of the rule of law, and fair justice is the last line of defense to maintain social fairness and justice. On the basis of accurately understanding and grasping the spirit of legitimate defense legislation, the procuratorial organs adhere to the organic unity of law, reason and emotion. They not only adhere to the spirit of the rule of law and strictly abide by the legal bottom line, but also fully respect the simple emotions of the people, comply with socialist moral trends, and apply it to public security cases appropriately, accurately and in place. The People's Court's erroneous effective judgments are supervised and corrected in accordance with the law, which awakens the application of the legitimate defense system in the field of public security management and punishment, protects the safety of people's lives and property, establishes a sense of social justice that "the law cannot give in to the law," and effectively makes the people feel that fairness and justice are around them.
2. A case of prosecution and supervision of w88 casino compensation for land registration against the People’s Government of a city in Jiangxi Province and the Natural Resources and Planning Bureau of a certain city in Jiangxi Province against a certain renovation and development office and others
[Keywords]
w88 casino effective judgment supervision, dismissal of prosecution, retrial prosecution suggestions, protection of state-owned assets
[Case Introduction]
In 1993, four units including a certain decision-making committee, a certain Water Resources Department, the Municipal Construction Committee, and the Municipal Transportation Bureau decided to jointly develop a certain port area remediation and development project. A certain decision-making committee entrusted a subordinate unit, a design institute (the legal representative Luo Mouxiang, was revoked in 2004) to be responsible for daily development and construction. The project involved in the case carried out sand filling and land reclamation by pre-sale and transfer of land while handling project-related approval procedures. The final land reclamation was 336 acres. In June 1998, Luo Mouxiang privately registered a certain port area renovation and development office and began to continue the project in the name of the company. The remaining 64.81 acres of land have not yet been transferred. In 2002, Luo Mouxiang and others were sentenced on suspicion of job embezzlement. In January 2010, Luo Mouxiang and others applied for a land use right certificate for 64.81 acres of land involved in the case in the name of a certain port area renovation and development office. Later, they discovered that the land had been auctioned by a real estate company and an investment company and had been issued a certificate. A certain port area renovation and development office then filed a lawsuit.
While dismissing the lawsuit on the grounds that a port area regulation and development office did not have the qualifications to be a plaintiff, the court of first instance took the initiative to add shareholders of a design institute and others as plaintiffs to participate in the lawsuit. It determined that four units including a design institute were development entities and had the right to use the land involved in the case; a design institute had been revoked and its equity shares were enjoyed by its shareholders. Because the additional plaintiff did not appear in court to participate in the lawsuit, it was ruled that the lawsuit should be withdrawn. At the same time, the judgment confirmed that the behavior of a certain municipal people's government and a certain municipal natural resources and planning bureau (formerly the land bureau) in issuing a certificate to a third party was illegal but would not be revoked. The successors of a design institute and other units were compensated in proportion to the transfer price of the land involved in the case, which was more than 351 million yuan, totaling more than 246 million yuan and bank deposit interest for the same period. After the second trial and the application for retrial were rejected, a certain city's Natural Resources and Planning Bureau applied to the procuratorate for supervision.
The procuratorial organ believed that a certain design institute was entrusted by a certain decision-making committee to participate, and the rights and obligations of the project involved in the case should be borne by a certain decision-making committee and four other units. The original judgment to compensate the shareholders of a certain design institute lacked factual basis and conflicted with the criminal judgment. While the court ruled that the plaintiff had no plaintiff qualifications and dismissed the prosecution, it took the initiative to add shareholders of a certain design institute who had not been deregistered as plaintiffs for trial and judgment. Such illegal circumstances may affect a fair trial, so it proposed a retrial procuratorial proposal. In the end, the court ruled for a retrial and confirmed the fact that a certain design firm was entrusted to handle the project involved and did not directly enjoy the development rights, thus avoiding more than 246 million yuan in state compensation.
[Typical meaning]
For w88 casino litigation supervision cases involving executions and civilian intertwining of economic activities based on a civil entrustment relationship that lead to criminal offenses and w88 casino claims, the People’s Procuratorate should investigate and verify and verify evidence clues that affect the key facts of the case. The People's Court's hearing of w88 casino litigation cases shall be subject to effective criminal judgments. If the prosecutor does not have the subject qualifications and the people's court rules to dismiss the lawsuit, it will add non-joint plaintiffs for a consolidated trial and make a judgment that is inconsistent with the facts found in the criminal effective judgment. The people's procuratorate should supervise in accordance with the law. An enterprise whose business license has been revoked can conduct litigation activities in its own name, and the people's court will list its shareholders as the subject of litigation and determine that the rights and interests violate legal provisions. If the additional plaintiff did not participate in the lawsuit and did not give up its substantive rights, the people's court ruled that the lawsuit was dismissed and the rights and interests of the parties were damaged.
3. Zeng v. Guangxi Zhuang Autonomous Region County Market Supervision Administration and County People’s Government
Food w88 casino penalty prosecution and supervision case
[Keywords]
w88 casino effective referee supervision, w88 casino penalties, excessive penalties, public hearings, substantive resolution of w88 casino disputes
[Case Introduction]
Zeng is engaged in the sales of tobacco, alcohol and other groceries. In 2011, he purchased a 6-bottle "flavored wine of a certain brand" (the shelf life is until April 2017). In April 2018, after receiving a complaint, the former Food and Drug Administration of a certain county concluded after verification that Zeng had sold a bottle of expired wine. Afterwards, Zeng refunded 600 yuan to the customer who spent 78 yuan on the wine, apologized, and actively cooperated with the staff of a county's former Food and Drug Administration. After legal procedures, the former Food and Drug Administration of a certain county imposed w88 casino penalties on Zeng in accordance with the provisions of the Food Safety Law: (1) confiscated 5 bottles of wine that had exceeded the shelf life; (2) imposed a fine of 50,000 yuan.
Both the people's government of a county and the people's court believed that the market supervision department applied the "Food Safety Law" to impose a light penalty and imposed a fine of 50,000 yuan. The penalty was imposed at the legal starting point. The small amount of Zeng's violation was taken into account, and it complied with the principle of proportionate punishment, and there was no issue of abnormal severity.
The procuratorial organ found that the applicant had been classified as a third-level disabled person because of intestinal cancer, and his wife was classified as a fourth-level disabled person. The applicant was in his seventies, his son was unemployed, and his life was difficult. The procuratorial organ believed that the value of the goods involved in this case was only 78 yuan, the applicant actively refunded the compensation, and the consumer was not physically harmed. The relevant provisions of the w88 casino Penalty Law should be applied to reduce the punishment according to law, so a protest was filed with the Supreme People's Procuratorate in accordance with the law.
After the review by the Supreme People's Procuratorate, a case handling team was organized to go to a certain county People's Procuratorate to organize a hearing for all parties. At the hearing, a certain county market supervision and administration administration agreed to substantively resolve the dispute in this case, restart the w88 casino penalty process, and return a fine of 50,000 yuan. After the meeting, the People's Procuratorate of the Guangxi Zhuang Autonomous Region coordinated and negotiated with the Higher People's Court of the autonomous region and a certain county's Market Supervision Administration to form a collaborative resolution meeting minutes. A certain county's Market Supervision Administration made a new decision based on the meeting minutes and decided to maintain the penalty of "confiscating 5 bottles of certain aromatic wine that has exceeded the shelf life" and no longer impose a fine. A certain county's market supervision and administration bureau fulfilled its refund obligations in a timely manner and remitted the money to Zeng's designated account before the 2024 Lunar New Year. Zeng withdrew his application for supervision. The Guangxi market supervision department has promoted the construction of law enforcement mechanisms and issued the "Guiding Opinions on Promoting Temperate Law Enforcement in the Region's Market Supervision Field to Promote High-Quality Economic and Social Development" in July 2024.
[Typical meaning]
The "w88 casino Penalty Law" is a general norm in the field of w88 casino penalties, providing basic compliance for the establishment of w88 casino penalties by individual laws and regulations and the implementation of w88 casino penalties by w88 casino agencies. When the minimum penalty under the departmental law is obviously disproportionate to the circumstances of the violation, the w88 casino agency should apply the relevant provisions of the w88 casino Penalty Law to calibrate it. The State Council issued the "Guiding Opinions on Further Regulating and Supervising the Setting and Implementation of Fines", which also clearly stipulates that those who meet the circumstances of lenient, reduced, non-imposed, or exempted penalties as stipulated in the "w88 casino Penalty Law" must apply the "w88 casino Penalty Law" and deal with it accordingly. When handling cases of supervision over effective w88 casino judgments, the procuratorial organs can explain the law clearly to the w88 casino organs through public hearings, so that they can realize the errors in the application of the law, urge them to restart the w88 casino procedures in accordance with the law, and correct the errors on their own.
4. Zou Moumou sued the Human Resources and Social Security Bureau of a certain city in Sichuan Province for w88 casino confirmation
Procuratorial supervision case
[Keywords]
w88 casino effective referee supervision, occupational heat stroke, work-related injury identification, occupational disease diagnosis certificate
[Case Introduction]
At about 19:00 on July 19, 2018, Luo Moumou suddenly fainted while packing up tools at a construction site. He was immediately sent to the nearest hospital for treatment, and died after rescue efforts failed. On October 29 of the same year, Zou applied to the Human Resources and Social Security Bureau of a certain city (hereinafter referred to as the Human Resources and Social Security Bureau of a certain city) for work-related injury recognition. The Human Resources and Social Security Bureau of a certain city believed that Luo had died for more than 48 hours and had not submitted an occupational disease diagnosis certificate or occupational disease diagnosis appraisal certificate, and issued a "Decision not to recognize a work-related injury" (hereinafter referred to as the "Decision"). Luo's wife, Zou, filed a lawsuit with the court, requesting to revoke the "Decision" and order a certain city's Human Resources and Social Security Bureau to make a new work-related injury determination in accordance with the law. The court of first instance held that Luo Moumou should be recognized as a work-related injury (death), and ruled to revoke the "Decision Letter" and order a certain city's Human Resources and Social Security Bureau to take specific w88 casino actions again. The second instance and retrial courts believed that the determination of a certain city’s Human Resources and Social Security Bureau was not inappropriate, and neither supported Zou’s petition.
Zou Moumou applied to the procuratorate for supervision. The procuratorial organ found that Zou failed to submit an occupational disease diagnosis certificate during the work-related injury determination application stage because there was no institution in a certain city qualified to diagnose occupational heat stroke. Zou requested diagnosis from multiple occupational disease diagnostic institutions but was not accepted. The procuratorial organ assisted Zou Moumou in obtaining Luo Moumou's "Occupational Disease Diagnosis Certificate" in accordance with its authority. The Sichuan Provincial People's Procuratorate believed that the "Occupational Disease Diagnosis Certificate" could prove that the heat stroke suffered by Luo Moumou was an occupational disease and should be recognized as a work-related injury, and that the diagnosis certificate was new evidence in w88 casino litigation and was sufficient to overturn the second-instance judgment, so it filed a protest with the Provincial Higher People's Court in accordance with the law. On April 2, 2024, the case was retried. A certain city's Human Resources and Social Security Bureau stated in court that it would initiate the work-related injury determination process; Zou expressed his approval and withdrew the retrial request. The Provincial Higher People's Court ruled to terminate the retrial process. On April 19, 2024, the Human Resources and Social Security Bureau of a certain city made a new decision and determined that Luo was injured at work. On May 15, 2024, a certain district social security center allocated 756,000 yuan in work-related injury benefits including one-time work-related death benefit to Zou in accordance with the law.
On June 19, 2024, the Provincial Legal Procuratorate and the Provincial Procuratorate jointly issued social governance judicial and procuratorial recommendations to relevant w88 casino authorities, urging them to further strengthen labor protection, occupational disease prevention and work-related injury insurance security work in the province, and improve the occupational disease prevention and control system and work-related injury insurance security system.
[Typical meaning]
The purpose of work-related injury insurance is to ensure that employees who are injured in accidents or suffer from occupational diseases at work receive medical treatment and financial compensation. The 2013 Classification and Catalog of Occupational Diseases has included occupational heatstroke in the category of occupational diseases. However, in practice, the number of judicial cases that identify occupational heatstroke as a work-related injury is relatively small. If the parties involved are unable to obtain occupational disease diagnosis for no reason other than their own, the procuratorial organs may, in accordance with their powers, assist the parties in obtaining occupational disease diagnosis certificates and then identify work-related injuries, activate relevant provisions for the identification of occupational heatstroke injuries, promote the improvement of the occupational disease prevention, identification and protection system, and protect the legitimate rights and interests of workers.
5. The People’s Procuratorate of a certain district in Hangzhou City, Zhejiang Province urges the social security department
Case on performance of duties according to law
[Keywords]
Supervision of w88 casino violations, social insurance, big data supervision model
[Case Introduction]
On March 12, 2020, a wool textile company in Hangzhou (hereinafter referred to as the wool textile company) signed a labor contract with Li and hired Li as an operator. On July 26, 2021, Li filed an w88 casino lawsuit with the court because he was dissatisfied with the work-related injury determination made by the functional department, and the lawsuit was dismissed. The second instance and retrial courts also ruled to reject it. Li applied to the procuratorate for supervision. After accepting the case, the procuratorial organ carried out integrated handling of the case at the urban and municipal levels. The review found that the wool textile company failed to register social insurance for many employees, including Li, in accordance with the law. Therefore, it issued procuratorial recommendations to the human resources and social security bureau of a certain district (hereinafter referred to as the human resources and social security bureau of a certain district) in accordance with the law, recommending that it handle the matter in accordance with the law and conduct special inspections within its jurisdiction. The Human Resources and Social Security Bureau of a certain district immediately investigated and dealt with it, urging the wool textile company to register social insurance for 12 employees and pay back social insurance premiums of 139,900 yuan; it launched a special inspection of social insurance registration and collection, and urged 9 companies to pay back nearly 50,000 yuan for social insurance for 17 people, involving 7 workers in the new industry. On a case-by-case basis, in view of the situation in which some enterprises avoid social insurance payment obligations by purchasing employer liability insurance as a substitute, the People's Procuratorate of a certain district built a "big data supervision model to urge w88 casino law enforcement agencies to correct the social insurance due and unpaid by enterprises". After collecting the employer's liability insurance data of insurance companies, the social insurance information of the human resources and social security departments, and the residence information of the public security organs, they conducted comparison and analysis to investigate supervision clues for similar cases. Later, the People's Procuratorate of a certain city issued the "Implementation Plan for Carrying out Special Supervision Activities of w88 casino Prosecution in the Field of Social Insurance" and organized the city's procuratorial organs to carry out special supervision activities of w88 casino prosecution in the field of social insurance, focusing on the failure of enterprises to register social insurance for workers in accordance with the law. The supervision model retrieved a total of 605 clues, involving 284 new industry workers. On the basis of investigation and verification, eight grassroots people's procuratorates have issued procuratorial recommendations to relevant functional departments, urging functional departments to carry out special investigations on social insurance registration and collection of 365 companies and more than 26,000 workers; 66 companies have been ordered to pay back social insurance premiums of approximately 570,000 yuan for 116 workers, including sanitation workers, truck drivers, and special operations personnel, and 55 companies have been ordered to register for insurance for 67 people. As special actions are carried out in the future, the effectiveness of supervision will be further demonstrated.
[Typical meaning]
When handling cases of w88 casino and effective judgment and supervision of work-related injury determinations, the procuratorial organs carry out clue mining, interviews and investigations, data integration, etc. in response to the illegal situation of employers failing to register social insurance for active employees, simultaneously conduct supervision of w88 casino violations, and recommend relevant functional departments to supervise rectification according to law. The procuratorial organs have strengthened their digital empowerment and actively promoted the construction of a cross-departmental digital governance supervision model. Through intelligent data integration and collision, they have strengthened internal and external linkage to achieve joint and efficient governance. They have promoted case-by-case governance through supervision of individual cases, and promoted multi-jurisdictional w88 casino agencies to carry out special investigations across the region. While ensuring the healthy development of enterprises, they have regulated enterprise social insurance registration in accordance with the law, promoted the implementation of social security policies, and safeguarded the legitimate rights and interests of workers.
6. Guangdong Province Chen Moumou suspected of indiscriminate deforestation crime without prosecution and execution reverse case
[Keywords]
Reverse execution connection, relatively no prosecution, indiscriminate deforestation, w88 casino penalties
[Case Introduction]
On December 7, 2020, Chen Moumou applied for carbon sink forest transformation of the eucalyptus forest contracted by him, and applied for and received the relevant certificates. However, he demarcated the logging scope on his own without knowing the scope of logging, resulting in over-scale logging. After identification, the forest felling exceeded the approved range of the harvesting permit by 16,059 square meters (24.089 acres), and the over-exploited storage volume was 125.27 cubic meters. The People's Procuratorate of a certain district considered Chen Moumou's alleged crime of deforestation to be minor and decided not to prosecute him. The criminal prosecution department of a certain district people's procuratorate believed that it was necessary to submit a procuratorial opinion on imposing w88 casino penalties on Chen Moumou to the w88 casino law enforcement agency, and therefore transferred the case to the w88 casino prosecution department of this court for review.
The People's Procuratorate of a certain district cooperated with the forest police, planning and natural resources departments. The three parties jointly conducted discussions on issues such as the jurisdiction of relevant w88 casino cases and the retroactivity of acceptance standards, and determined that Chen Moumou's behavior had reached the standard for w88 casino punishment. In accordance with the provisions of Article 76 of the Forest Law, the People's Procuratorate of a certain district issued a "Prosecution Opinion" to the People's Government of a certain town in a certain district, recommending that Chen Moumou be given w88 casino punishment; at the same time, in order to facilitate the w88 casino department to provide business guidance, a copy was simultaneously sent to the planning and natural resources departments.
The people's government of a certain town in a certain district adopted the procuratorial opinion and imposed an w88 casino penalty on Chen Moumou and fined him 223,479.2 yuan. Chen Moumou restored vegetation in accordance with the greening plan. During the process of replanting and regreening, the People's Procuratorate of a certain district learned about the acceptance status of restored vegetation and replanted trees, organized a review, and guided Chen to entrust a third-party agency to formulate a vegetation restoration implementation plan in accordance with regulations, and a professional agency provided corresponding professional guidance on vegetation restoration.
The People's Procuratorate of a certain district contacted the local grassroots government to support the healthy development of enterprises, prompting Chen Moumou to gradually deepen his understanding of law-abiding operations. Chen Moumou took the initiative to assume the social responsibility of ensuring people's livelihood and cooperated with the Shatian Lemon Agricultural Products Professional Cooperative in a certain district to grow lemons on his contracted forest land. The project has attracted 512 surrounding growers, 16 suppliers, and 435 employees. Shatin lemons will be included in the third batch of national famous, special and high-quality new agricultural products at the end of 2023, injecting vitality and vitality into rural revitalization.
[Typical meaning]
The procuratorial organs handle cases of reverse connection of executions, discuss with w88 casino agencies, grassroots governments, etc., conduct on-site investigations and verifications, promote the implementation of w88 casino penalties, and avoid the situation of "no punishment without punishment". w88 casino penalties affect the production and management concepts and development direction of market entities. In response to w88 casino penalties, compulsory measures and other w88 casino actions imposed by w88 casino agencies on market entities, the procuratorial organs should deepen supervision work, proactively perform their duties in accordance with the law, handle cases well, implement supervision effectively, solve problems for the healthy development of enterprises, and provide high-quality procuratorial services for the healthy development of market entities.
7. Chen Jia sued a hospital in Kunming City, Yunnan Province for its performance in issuing a medical certificate of birth
Statutory duty prosecutorial supervision case
[Keywords]
Supervision of w88 casino effective adjudication, birth medical certificate, ex officio supervision, substantive resolution of w88 casino disputes
[Case Introduction]
20127In March, Chen A and Chen B gave birth to their second child, a son (suffering from Down syndrome). Later, the two parties agreed to divorce, and the child was raised by his father, Chen A, but he never applied for a "Medical Birth Certificate" from the hospital. Li and Yang adopted an abandoned child but were unable to settle down because they did not have a medical birth certificate. Li and Chen Yi are fellow villagers. When they learned that Chen Yi was divorced and had not applied for a "Medical Birth Certificate" for his own child, he asked Chen Yi to help him go to the hospital to obtain a false "Medical Birth Certificate" for his adopted child. In 2018, Chen A went to the hospital to apply for a "Medical Birth Certificate" for his son, but was told that it had been applied for by Chen Yi. The birth information was consistent with that of his son, but the names of the child and the father were others. Chen A applied to the hospital, health, civil affairs, public security and other departments for a renewal of his hair many times and reported the situation, but was not supported.
In April 2024, Chen Jia filed an w88 casino lawsuit with the court with the hospital as the defendant, requesting to revoke the "Medical Birth Certificate" involved in the case. The court ruled that the case should not be filed on the grounds that the five-year prosecution period had exceeded. The People's Procuratorate of a certain district in Kunming City conducted supervision in accordance with its authority and found that the hospital has statutory responsibilities for the issuance, replacement and reissuance of the "Medical Birth Certificate". The case involved a registration error in the "Medical Birth Certificate" which had a major impact on Chen A. It was invalid and the hospital should replace it. In June 2024, the procuratorial organ made procuratorial suggestions to the hospital and urged it to be replaced. Considering that the fraudulently obtained "Medical Birth Certificate" had been used for their permanent residence, the procuratorial organs actively coordinated with the local public security organs and education w88 casino departments to resolve issues such as the residence and schooling of the two children.
[Typical meaning]
The "Medical Birth Certificate" is the first life certificate of a new life. It is a legal certification document for declaring nationality, household registration, and obtaining citizenship. Pretending to obtain another person's "Medical Birth Certificate" for household registration not only interferes with the normal household registration management order, but also seriously infringes on other people's legitimate rights and interests in obtaining household registration, receiving assistance, and other related legal rights. In order to solve the problem of some "overdue lawsuits" where the parties failed to obtain relief through litigation for w88 casino actions and seriously damaged their legitimate rights and interests, the procuratorial organs bravely broke through the difficulty of "idling the procedure" and accepted the cases ex officio, ascertained the facts of the case, clarified the legal relationship, and clarified the responsible parties, and provided precise supervision. This not only solved the dilemma of rights protection of the parties, but also paid attention to the legitimate rights and interests of the two minors behind the certificate, and took multiple measures to bring a real sense of gain, happiness and security to the people.
8. A case in which the People’s Procuratorate of a city in Liaoning Province urged the Human Resources and Social Security Bureau of a county to correct the illegal behavior in determining basic pension insurance benefits
[Keywords]
Supervision of w88 casino effective judgments, supervision of w88 casino violations, related w88 casino acts, prosecutorial suggestions
[Case Introduction]
Applicant Huang Moumou, male, born in 1957, is a farm worker in a county. He started working in June 1974 and retired in December 2019. Huang Moumou paid back the pension insurance premiums from 2003 to 2008 on December 8, 2008, and then paid the pension insurance premiums every year until 2019. In January 2020, after Huang Moumou discovered that he received a pension that was more than 1,000 yuan less than the retirees of the same age in the company, he applied to the Human Resources and Social Security Bureau of a certain county (hereinafter referred to as the Human Resources and Social Security Bureau of the certain county) to re-examine his seniority and pension and repay the difference, but he did not receive support. On August 9, 2022, Huang Moumou filed a lawsuit with the People's Court of a certain county because he was dissatisfied with the review and determination of his seniority and pension by the Human Resources and Social Security Bureau of a certain county, requesting the Human Resources and Social Security Bureau of a certain county to recalculate the pension for his seniority and repay the difference in his pension from January 2020 to before the lawsuit. After the first instance, second instance and retrial proceedings, the court rejected the lawsuit application on the grounds that the lawsuit exceeded the statutory time limit.
The procuratorial organ believes that the People's Court found that the applicant's prosecution in this case exceeded the statutory time limit and ruled to reject the prosecution. It was not inappropriate and should make a decision not to support the application for supervision. However, the Human Resources and Social Security Bureau of a certain county violated the spirit of the superior's normative documents when assessing Huang's pension insurance benefits. Paragraph 3 of Article 4 of the "Minutes of the Meeting" involved in the case stipulates a limit on the time for farmers to make up for the pension insurance payment, which violates the provisions of the Ministry of Labor and Social Security Document No. The regulations on the accounting of employee retirement insurance and the calculation of continuous service years in the reclamation enterprise have seriously damaged the legitimate rights and interests of Huang Moumou and related retirees in the same situation; the w88 casino actions made based on the "Meeting Minutes" are illegal and should be corrected. The People's Procuratorate of a certain city made procuratorial suggestions to the Human Resources and Social Security Bureau of a certain county. The human resources and social security bureau of a certain county adopted the procuratorial organ's suggestion. Huang Moumou received the replacement pension in time and submitted an application to withdraw supervision to the procuratorial organ. At the same time, a certain county's Human Resources and Social Security Bureau launched a recalculation of pensions for retirees in the same situation, and the legitimate rights and interests of more than 50 people were protected.
[Typical meaning]
It is not inappropriate for the people's court to dismiss the prosecution on the grounds that the prosecution period has exceeded. However, if there are illegal circumstances in the related w88 casino acts of the sued w88 casino act, supervision shall be carried out in accordance with the law. The "Minutes of the Meeting" on which the accused w88 casino action is based have restrictive provisions on the time for back-payment of pension insurance for farmland employees, and have specific applicable objects, which undermines the legitimate rights and interests of relevant personnel and violates relevant provisions of laws, regulations and rules. There are illegal situations in related w88 casino actions that are part of the accused w88 casino action, and should be supervised and corrected in accordance with the law to promote w88 casino agencies to perform their duties in accordance with the law and effectively protect people's livelihood and interests.
9. The Ecological Environment Bureau of a certain city in Jiangsu Province applied for execution by a Jiangsu Aluminum Co., Ltd.
w88 casino Penalty Decision Procuratorial Supervision Case
[Keywords]
w88 casino non-litigation enforcement supervision, w88 casino penalties, false registration, cancellation of registration, credit punishment
[Case Introduction]
In August 2024, the Jiangsu Provincial People’s Procuratorate deployed special supervision activities on enterprise-related w88 casino execution of credit penalties across the province. An investigation by the People's Procuratorate of a certain district based on clues handed over by the Provincial People's Procuratorate found that Gao Huahua and Cheng, the original shareholders of a Jiangsu Aluminum Co., Ltd., maliciously transferred all the company's equity to a third party, Shao, for free in order to avoid w88 casino penalties from a certain city's Ecological Environment Bureau. After a certain city's Ecological Environment Bureau applied to the People's Court to enforce the w88 casino penalty decision, Gao Hua forged the signature materials of the deceased Shao to cancel the company's registration. As a result, the case was terminated because there was no property available for execution.The People's Procuratorate of a certain district formulated and issued procuratorial suggestions to the People's Court, the Ecological Environment Bureau, and the Data Bureau (formerly the w88 casino Approval Bureau) regarding the above-mentioned issues in this w88 casino non-litigation enforcement case. Later, the Ecological Environment Bureau of a certain city applied in accordance with the law to add Gao Huahua as a person subject to execution, and the People's Court ruled to allow and seal up the property in his name that could be executed, and listed Gao Huahua as a person subject to execution for breach of trust. The Data Bureau revoked the company's deregistration, publicized the counterfeit deregistration in the corporate credit information system, and transferred it to the market supervision department for processing.
A certain city's procuratorial organ conducted an investigation into malicious evasion of w88 casino enforcement discovered during special supervision activities in the city. It urged courts and w88 casino agencies to lift improper credit disciplinary measures for 42 companies or entrepreneurs, and resumed enforcement of 9 companies that maliciously evaded w88 casino penalties and enforcement. At the same time, through comprehensive performance of duties, it helped 3 mentally disabled people and the elderly get rid of the judicial dilemma caused by "being registered", and transferred 1 suspected illegal and criminal actor to criminal investigation. In addition, a certain city's procuratorate took the lead in negotiating with the People's Court, the Ecological Environment Bureau, the Data Bureau and other departments on the problems discovered during special supervision, and signed a collaboration mechanism to form a collaborative governance mechanism that integrates attack, disposal, and prevention.
During the special supervision activities on enterprise-related w88 casino enforcement of credit penalties, the province's procuratorial organs issued 217 procuratorial suggestions to the People's Court and 28 procuratorial suggestions to w88 casino agencies simultaneously, forming 4 written long-term management mechanisms, helping 407 companies or entrepreneurs to remove the "negative label" of dishonesty in a timely manner.
[Typical meaning]
When handling w88 casino enforcement cases involving enterprises, the procuratorial organs must bothPropose supervisory opinions on situations where the w88 casino counterparty has actually completed its performance or should not continue to perform according to law and is still subject to credit disciplinary measuresCorrection in time，Protect the legitimate rights and interests of enterprises and entrepreneurs; we must also pay attention to discovering situations where the "delegation, regulation, and services" reform convenience is used to maliciously evade or transfer the w88 casino responsibilities that enterprises should bear by impersonating other people's names. Supervise in accordance with the law after comprehensive investigation and verification, so that the offenders can be punished for their mistakes, and the legitimate rights and interests of the impersonators and the authority of legitimate w88 casino actions and execution actions must be safeguarded. At the same time, the procuratorial organs should focus on good law and good governance, coordinate with all parties to build a "safety net" to protect enterprises, and help create a fair, orderly, and honest market competition environment.
10. The reverse transition case of Xia Moumou and three others suspected of fraud without prosecution and execution
[Keywords]
Reverse execution connection, relatively no prosecution, fraudulent unemployment benefits, w88 casino penalties, supervision of related cases
[Case Introduction]
Zhang Moumou is a temporary worker of a certain city's Social Security Administration Bureau. He found Guan Moumou, the legal representative of a human resources company, to borrow his qualifications. Then, together with Xia Moumou, Tan Moumou, Li Moumou and others, he signed a false labor contract and false termination of the labor contract with the human resources company, and forged unemployment benefits. 24 people, including Zhang, Xia, Tan, and Li, fraudulently received a total of 120,932.25 yuan in unemployment benefits.
The People's Procuratorate of a certain district made a decision not to prosecute Xia, Tan, and Li on February 2, 2024 (Zhang was prosecuted). The criminal prosecution department will transfer the case to the w88 casino prosecution department. The w88 casino procuratorial department reviewed and verified the entire case by reviewing file materials, visiting enterprises, and other measures, and confirmed that Xia and three others committed illegal fraud and should be held administratively responsible in accordance with the law. At the same time, it was discovered that Wan and other 20 other persons who defrauded unemployment benefits did not file a criminal case because they did not meet the standards for criminal filing. However, they should be given w88 casino penalties, but none of them were given w88 casino penalties. In February 2024, the People's Procuratorate of a certain district issued a procuratorial opinion to the Human Resources and Social Security Bureau of a certain city (hereinafter referred to as the Human Resources and Social Security Bureau of a certain city), recommending that Xia, Tan, and Li be given w88 casino penalties for their fraud violations, and that 20 other illegal personnel, including Wan, be given w88 casino penalties for their fraud in obtaining unemployment benefits. The human resources and social security bureau of a certain city adopted the opinions and suggestions of the procuratorial organ and imposed fines on three persons including Xia and 20 other illegal persons including Wan. Since then, a certain district People's Procuratorate urged a certain city's Human Resources and Social Security Bureau and other departments to carry out a special investigation and cleanup of unemployment insurance benefits, and promptly dealt with the problem of illegally receiving unemployment benefits through falsely registered companies.
[Typical meaning]
The procuratorial organs focus on illegal and criminal cases of insurance fraud in the field of social insurance, comprehensively study and judge the illegal facts, evidence, circumstances, etc., and believe that w88 casino penalties should be imposed on the persons who are not prosecuted, they will provide procuratorial opinions in accordance with the law and transfer them to the relevant w88 casino agencies. At the same time, the procuratorial organs comprehensively review whether the relevant parties in the case have committed illegal acts and whether w88 casino penalties should be imposed. If they believe that punishment should be imposed, they will communicate with the w88 casino authorities in a timely manner, listen to the opinions of the w88 casino authorities, and make procuratorial suggestions in accordance with the law. Through supervision and support, the procuratorial organs ensure the safe operation of social insurance funds and achieve the goals of social insurance to protect basic life, maintain social stability, and promote economic development and social equity.
Nomination list of the top ten typical w88 casino prosecution cases in 2024
1. Yang Mouxing et al. v. Yunnan Province City A Land and Resources Bureau, third party Wan Moyong and Wan Moxi Land w88 casino Registration Inspection and Supervision Case
2. The reverse transition case of Li Moumou in Shandong Province who was suspected of illegal business crimes without prosecution and execution
3. Zhejiang Provincial Procuratorate Promotes Mismanagement of Work-related Injury Insurance for Migrant Workers in the Field of Construction Engineering
4. Wang Moumou v. Social Security Bureau of a District, a City, Gansu Province, w88 casino Approval, Inspection and Supervision Case
5. A hot spring company v. Hunan Province county people’s government w88 casino agreement litigation execution supervision case
6. Case of the People’s Procuratorate of a city in Heilongjiang Province urging the Human Resources and Social Security Bureau of a city to fulfill its duty to protect the rights and interests of sanitation workers
7. A case of non-litigation enforcement supervision of the mandatory enforcement of social insurance premiums applied by the Human Resources and Social Security Bureau of a certain district in Shanghai
8. Tianjin City Luan Moumou’s request to cancel the registration of a fake company, prosecutorial supervision case
9. A county car rental company v. a city in Guizhou Province emergency management bureau w88 casino penalty prosecution and supervision case
10. Fang Moumou v. Public Security Bureau of a County in Heilongjiang Province w88 casino Detention and Fines Prosecution and Supervision Case
11. A logistics company and five other transportation companies sued a county transportation bureau in Henan Province for w88 casino fines, inspection and supervision cases
12. Zhang v. Human Resources and Social Security Bureau of a City in Henan Province Prosecution and Supervision Case of Work-related Injury Determination
13. Case of reverse connection of execution without prosecution and execution of eight persons including Zhao in Hebei Province who were suspected of cheating in organized examinations
14. The reverse connection case of Su, Hu and others suspected of dangerous work crimes without prosecution and execution in Shaanxi Province
15. Zhao Mougang v. Procuratorial Supervision Case of Revoking Motor Vehicle Driving License by the Public Security and Transportation Bureau of a City in Hebei Province
16. Supervision case of w88 casino penalties and w88 casino violations by the former Food and Drug Administration of a city in Inner Mongolia Autonomous Region
17. Shi v. w88 casino Penalty Prosecution and Supervision Case of Traffic Police Brigade of Public Security Bureau of a County in Hunan Province
18. A case in which the People’s Procuratorate of a county in Hubei Province urged w88 casino agencies to correct errors in collecting idle land fees
19. Case of reverse transition of Yang from Fujian Province to execution without prosecution for the crime of endangering precious and endangered wild animals
20. Li v. Beijing Municipal Administration for Market Regulation and a District Administration for Market Regulation w88 casino Reply and w88 casino Reconsideration Decision Procuratorial Supervision Case
21. A series of cases involving substantive resolution of w88 casino disputes over housing registration by a small loan company against the Natural Resources Bureau of a certain city and county in Shanxi Province
22. Chen and others v. w88 casino Benefits Inspection and Supervision Case of Work-related Injury Insurance Management Center of a City in Anhui Province
23. Liu Moumou v. People’s Government of a certain city and district in Hainan Province, case of w88 casino compensation for house expropriation, prosecution and supervision
24. Yan Moumou v. w88 casino Compensation Prosecution and Supervision Case of Housing and Urban-Rural Development Bureau of a County in Ningxia Hui Autonomous Region
25. Case of reverse transition of Ding Moumou and others suspected of fraud without prosecution and execution in a certain district of Chongqing
