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最高法:聚焦欠薪问题多发的建设工程领域,坚决打击建筑领域“三包一挂”
Xin Lang Cai Jing· 2025-12-25 07:24
12月25日,全总召开2025年劳动法律监督"一函两书"典型案例新闻发布会。会上最高法审判委员会委 员、民一庭庭长陈宜芳介绍,在推行劳动法律监督"一函两书"工作方面,人民法院主要开展了以下工 作。 一是积极巩固拓展根治欠薪成果。人民法院在治理欠薪工作中充分发挥"一函两书"作用,与各部门协同 配合、同向发力。人民法院严格落实农民工工资支付条例,发挥简易程序和小额速裁机制功能,快审快 结快执欠薪案件,依法打击拒不支付劳动报酬犯罪。发布《最高人民法院关于审理劳动争议案件适用法 律问题的解释(二)》,明晰转包、分包、挂靠、混同用工等情形下劳动关系的认定规则、用工主体责 任单位的责任范围等,旗帜鲜明地支持劳动者要求承包人、被挂靠单位承担支付劳动报酬、工伤保险待 遇责任。 12月25日,全总召开2025年劳动法律监督"一函两书"典型案例新闻发布会。会上最高法审判委员会委 员、民一庭庭长陈宜芳介绍,在推行劳动法律监督"一函两书"工作方面,人民法院主要开展了以下工 作。 一是积极巩固拓展根治欠薪成果。人民法院在治理欠薪工作中充分发挥"一函两书"作用,与各部门协同 配合、同向发力。人民法院严格落实农民工工资支付条例,发挥简易程 ...
广东惠东法院以法治力量护航制鞋产业发展
Xin Lang Cai Jing· 2025-12-22 18:17
主动问需于企 精准纾困解难 (来源:法治日报) 转自:法治日报 近日,广东省惠州市惠东县人民法院报送的徐某等66名工人与某鞋厂追索劳动报酬纠纷调解案入选最高 人民法院多元解纷案例库。该案依托"法院+检察院+调解组织"解纷模式,加强协调联动,一次性高效 化解集体追索劳动报酬纠纷。 制鞋产业是惠东县的经济支柱和特色产业之一。2006年,该县被中国轻 工业联合会和中国皮革协会授予"中国女鞋生产基地"称号,并于2011年、2015年和2020年连续3次通过 复评。目前,全县共有制鞋企业近6000家、从业人员16万余人。近年来,面对复杂多变的市场环境和产 业升级需求,惠东县法院主动融入经济社会发展大局,充分发挥司法职能作用,为制鞋产业高质量发展 注入法治动能。 前不久,惠东县黄埠镇某鞋厂因资金周转困难停工停产,拖欠66名工人薪资58万余元。工人多次追讨无 果后,向惠东县检察院申请支持起诉,获检察机关支持。惠东县法院受理后,将案件分派至黄埠法庭。 为高效解决纠纷,经双方当事人同意,黄埠法庭组建一支由法官、检察官、人民调解员组成的调解团 队,迅速启动诉前调解程序。团队成员多次进行商讨,制定有针对性的调解方案,组织劳动争议双 ...
培训调解员“指尖化解”纠纷
Xin Lang Cai Jing· 2025-12-21 21:43
近日,大兴安岭地区中级人民法院举办"多元解纷驿站"调解员专题培训,深入践行新时代"枫桥经验", 融合"五大安全"理念。培训聚焦调解技巧与"龙法和"小程序应用,通过模拟边境涉旅、邻里纠纷等场景 提升调解员沟通能力,并指导在线调解、法官指导申请等功能使用,推动纠纷"指尖化解"。 (来源:黑龙江日报) 转自:黑龙江日报 "多元解纷驿站"由大兴安岭中院联合边境管理支队、邮政公司共建,依托39个抵边村邮政网点试点推 广,引入"龙法和"云法庭技术,配备专职引导员,简化流程、提升效率,实现"数据多跑路、群众少跑 腿"。下一步,中院将深化三方合作,优化资源整合与信息共享,为边境群众提供更高效普惠的解纷服 务。 (李文敏) ...
“三制”联动,护民生冷暖
Ren Min Wang· 2025-11-25 01:09
"上门﹢快办":"三步走"打通便民"最后一公里" "咚咚咚——"今年8月的一天,日头刚过晌午,古塔区法院法官何冰与调解员顶着烈日,提着文件 袋走进了张大叔的家。 客厅里,张大叔坐在轮椅上,背后垫着厚厚的靠垫,见到法官上门,原本紧锁的眉头舒展了些 许。"知道您行动不便,我们就上家里来调解了,咱们慢慢聊……"何冰坐在炕沿上,语气温和地说。 张大叔叹了口气,指了指桌上的保险单:"我因高位截瘫长期卧床,家里全靠你阿姨撑着。我们想 解除保险合同换点现金,可保险公司说只能退一小部分,我心里实在不舒坦。" "调解桌"搬到家门口,解特殊群体燃眉之急;家事审判融情于理,续血脉亲情温暖心弦;民生保障 精准发力,护劳者安、老者乐、幼者康……近年来,辽宁省锦州市古塔区人民法院深耕司法为民沃土, 创新推出"三步走"解纷、"三位一体"家事审判、"护薪护老护苗"保障机制,完成从"单点破题"到"全域护 民"的保障升级,让公平正义在基层落地生根、触手可及。 "大叔您先放宽心,这份保险合同条款写得很明确,退保退还的是保单现金价值,保险法也有明文 规定——投保人解除合同的,保险公司应按合同约定退还该笔款项。"何冰指着合同条款逐一解读。 联系保险公 ...
中小投资者保护23条出台 对投资者意味几何?
Core Viewpoint - The recently released "Opinions on Strengthening the Protection of Small and Medium Investors in the Capital Market" outlines 23 measures aimed at enhancing the protection of small and medium investors, serving as a guideline for current and future efforts in this area [1] Summary by Relevant Sections Focus on Key Issues - The "Opinions" address critical concerns raised by small and medium investors, such as the high pricing of new stock issuances, proposing to optimize the pricing mechanism and strengthen the management of offline investor evaluations [2] - It emphasizes the need for stricter regulations on institutional investors to prevent manipulation of pricing during the initial public offering (IPO) process [2] - The document also highlights the importance of enhancing the regulation of algorithmic trading to ensure transparency and fairness [2] Addressing Legal Rights and Education - The "Opinions" aim to tackle prominent issues regarding the protection of investors' legal rights, mandating that financial institutions incorporate investor education into their business processes [3] - Institutions are required to clearly explain business rules and risks associated with financial products before sales, enhancing the effectiveness of investor education [3] - The document notes that by September 2025, the China Securities Regulatory Commission (CSRC) had received over 1.8 million investor complaints, recovering more than 730 million yuan for investors [3] Institutional Support and Legal Framework - The "Opinions" stress the role of investor protection agencies in guiding small and medium investors in exercising their rights and seeking redress [4] - It mandates compensation for investors who suffer losses due to major violations leading to forced delisting of companies [4] - By September 2025, investor protection agencies had supported numerous lawsuits, recovering approximately 2.895 billion yuan for over 60,000 investors [4] Implementation and Market Environment - The introduction of the "Opinions" is seen as a concrete implementation of previous important meetings and documents aimed at integrating investor protection into the entire capital market reform process [5] - The goal is to create a more investor-friendly and equitable market environment, allowing investors to participate confidently in the capital market and benefit from economic growth [5]
我省推动更多法治力量向引导疏导发力
Liao Ning Ri Bao· 2025-10-09 01:23
Core Viewpoint - The provincial political and legal committee and the provincial court have jointly issued guiding opinions to establish standardized procedures for the integration of comprehensive governance centers and people's courts, aiming to enhance the multi-dimensional dispute resolution framework and effectively resolve conflicts and disputes [1][2] Group 1: Standardized Procedures and Mechanisms - The establishment of standardized procedures between comprehensive governance centers and people's courts aims to improve the connection and collaboration mechanisms, focusing on guiding and mediating disputes [1] - The widespread application of model texts for complaints and responses helps parties express their litigation requests more clearly and efficiently, thereby enhancing the standardization of litigation services [1] Group 2: Mediation and Dispute Resolution - The province has identified nine types of disputes suitable for mediation, including marriage and family disputes, neighborhood disputes, labor disputes, and small loan disputes, allowing for prior mediation by comprehensive governance centers with the consent of the parties involved [1] - There are currently 1,212 industry-specific and professional mediation organizations connected to the provincial courts, which are encouraged to work within comprehensive governance centers to establish a robust collaborative mediation mechanism [2] Group 3: Performance Metrics and Achievements - As of the end of August this year, the provincial courts have dispatched 602 judges and assistants to comprehensive governance centers, handling 195,000 mediation cases, with a success rate of 124,000 cases [2] - The comprehensive governance centers have effectively resolved 17,000 disputes on-site and introduced over 7,000 cases into the judicial process, providing strong support for the prevention and resolution of conflicts [2]
聚焦“两高四着力”·一“县”观察丨鹤山区 小院里多元解纷好事多
He Nan Ri Bao· 2025-10-06 23:20
Core Insights - The article highlights the innovative community governance model in Hebi City, focusing on the establishment of multi-dimensional discussion platforms and the promotion of welfare policies to enhance community engagement and problem-solving [1][2]. Group 1: Community Initiatives - The "Small Courtyard Story" initiative in Xinhua Street has effectively addressed community issues, such as road repairs and lighting improvements, demonstrating the power of local engagement [1][2]. - The "Small Courtyard" serves as a new office space and a vital platform for addressing residents' needs, fostering a sense of community and collaboration [1][2]. Group 2: Resident Participation - The East Lane Community's "Comfort Tea House" has become a hub for residents to discuss and resolve issues, utilizing a "menu-style" mediation approach to address conflicts and community concerns [3]. - Since its inception in early 2024, the "Comfort Tea House" has successfully resolved multiple disputes and improved community satisfaction through organized discussions and activities [3]. Group 3: Governance Goals - The innovative practices of utilizing spaces like courtyards and tea houses have revitalized existing resources, making grassroots governance more accessible and effective for residents [3]. - The local government aims to strengthen grassroots party organizations to enhance efficient governance and ensure that minor issues are resolved locally, preventing escalation [3].
最高法:支持自由贸易试验区、海南自由贸易港施行临时仲裁制度
Core Viewpoint - The Supreme People's Court of China has issued the "Opinions on Promoting the High-Quality Development of International Commercial Courts," marking the first normative judicial policy aimed at enhancing the development of international commercial courts [1][2]. Group 1: Key Provisions of the Opinions - The Opinions focus on supporting the high-quality development of the Belt and Road Initiative and high-level opening up, outlining five areas with fifteen specific suggestions [1]. - It addresses challenges in improving the quality and efficiency of international commercial adjudication, proposing innovative measures in six areas, including optimizing jurisdiction mechanisms and enhancing litigation facilitation [1][2]. Group 2: Multi-Dispute Resolution Mechanisms - The Opinions promote multi-faceted dispute resolution, integrating litigation with mediation and arbitration, and establishing mechanisms for judicial confirmation of international commercial mediation agreements [2]. - It emphasizes collaboration with international organizations and the establishment of a "one-stop" platform for diverse international commercial dispute resolution [2]. Group 3: Development of Local International Commercial Courts - Since 2020, 16 intermediate people's courts in various cities have established local international commercial courts, which have handled 16,687 cases and resolved 15,014 cases, providing efficient and low-cost dispute resolution services [3]. - These local courts support the strategic implementation of high-quality foreign-related civil and commercial adjudication, significantly aiding regional economic development and protecting the overseas interests of Chinese enterprises [3].
提升国际商事审判质效、深入推进多元解纷 最高法发布意见
Zhong Guo Xin Wen Wang· 2025-09-25 06:50
Core Viewpoint - The Supreme People's Court of China has issued opinions aimed at enhancing the quality of international commercial trials and promoting diversified dispute resolution mechanisms to support high-level opening-up and the Belt and Road Initiative [1][2]. Group 1: Key Opinions and Measures - The opinions outline 15 specific measures across five areas to improve the quality of international commercial trials, focusing on creating a fair, efficient, and convenient dispute resolution environment [1]. - Specific innovations include optimizing jurisdiction mechanisms for foreign-related commercial cases, improving case management, and enhancing litigation convenience [1][2]. Group 2: Multi-Dispute Resolution - The opinions emphasize the integration of litigation, mediation, and arbitration, proposing the establishment of a judicial confirmation mechanism for international commercial mediation agreements [2]. - There is a call for increased cooperation with international organizations and the establishment of a "one-stop" platform for diversified dispute resolution [2]. Group 3: International Judicial Cooperation - The opinions advocate for deepening international judicial exchanges to enhance the influence and attractiveness of international commercial courts in China [2]. - Collaboration with organizations such as the World Trade Organization and the United Nations Commission on International Trade Law is encouraged to share case studies and legal practices [2]. Group 4: Establishment of International Commercial Courts - China has established the First and Second International Commercial Courts in Shenzhen and Xi'an, respectively, along with additional international commercial courts in 16 intermediate people's courts across major cities [3]. - This network aims to provide comprehensive and high-quality judicial services to support high-level opening-up [3].
提升国际商事审判质效、深入推进多元解纷,最高法发布意见
Sou Hu Cai Jing· 2025-09-25 03:25
Core Viewpoint - The Supreme People's Court of China has issued opinions aimed at promoting the high-quality development of international commercial courts, focusing on supporting the Belt and Road Initiative and enhancing the country's openness to the world [1][2]. Group 1: Key Opinions and Measures - The opinions outline 15 specific measures across five areas to improve the efficiency and quality of international commercial adjudication, addressing existing challenges [2]. - There is a focus on optimizing jurisdiction mechanisms for foreign-related commercial cases, improving case management, and enhancing litigation convenience through standardized processes [2]. - The implementation of a comprehensive case management system is emphasized, including the use of technology such as artificial intelligence and big data to facilitate cross-border evidence handling [2][3]. Group 2: Multi-Dispute Resolution Mechanisms - The opinions advocate for the integration of litigation, mediation, and arbitration, promoting a multi-faceted approach to dispute resolution [2]. - There is a call to strengthen the judicial confirmation mechanism for international commercial mediation agreements and enhance cooperation with international organizations [2]. - The establishment of a "one-stop" platform for diversified dispute resolution is encouraged, particularly in free trade zones and pilot areas [2]. Group 3: Talent and Resource Development - The opinions stress the importance of building a talent pool in foreign-related law and enhancing the professional development of international commercial courts [3]. - There is an emphasis on international judicial exchange and cooperation to increase the influence and attractiveness of China's international commercial courts [3]. - The establishment of international commercial courts in various cities, including Shenzhen and Xi'an, is highlighted as part of a comprehensive judicial framework to support high-level openness [3].