检察监督
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优待价不能成为“空头支票”
Xin Lang Cai Jing· 2026-01-11 23:23
"对特定群体的权益保障体现了社会文明程度和治理水平。"上海市人大代表罗旻泓建议今后引入社会专 业力量进行调查,全面了解特定群体需求,提高检察建议精准性。他建议向该市各类场馆推广此项工 作,推进上海市工作取得实质性进展,加强示范引领作用。 "'十五五'规划建议对健全社会服务保障体系提出明确要求,检察公益诉讼制度在特定群体权益保护方 面具有独特价值。我院将以本案办理为契机,从小案中窥见大民生,凝聚各方提升社会优待工作水平的 共识,推动形成'检察监督+行政履职+社会参与'的共治格局,为保障特定群体权益贡献检察力量。"徐 汇区检察院党组成员、副检察长张爱菁表示。 听证员对有关部门的整改工作予以认可,并建议通过组织"回头看"等形式检验整改成果。担任此次听证 员的徐汇区人大代表伏淼也是一名退役军人,参与听证的过程让他感触良多,他表示:"希望检察机关 能推动各方联合,进一步推动军人优待政策落实。" 为充分倾听和吸取人大代表的监督意见,听证会后,徐汇区检察院召开实质性监督意见征集座谈会。对 于把听证现场开到居民身边、社区门口这一创新形式,李丰认为,这让检察办案更"接地气",值得推 广,并建议检察机关进一步加强听证员系统培训、 ...
员工上班期间外出身亡被认定“擅自离岗”?检察官发现疑点
Xin Lang Cai Jing· 2026-01-03 13:06
转自:北京日报客户端 员工上班期间请假外出,在离工作地点30米处不幸遭遇车祸身亡。用人单位认为这是"擅自离岗";人社 部门以无法证实事故地点属于员工"回家途中"为由不予认定工伤;法院一审、二审判决均支持上述观 点…… 这是一起历时4年的工伤认定纠纷案,经广东省东莞市检察院依法监督,提出再审检察建议,最终法院 予以改判,人社部门重新作出工伤认定,因工伤去世的老孙的家属拿到了赔偿金。从不予认定工伤到拿 到赔偿金,这起案件经历了哪些波折?老孙家属对司法办案的印象如何?记者近日在东莞市检察院采访 时找到了答案。 事故地点是否属于 "合理下班路线"? 58岁的老孙是重庆人,为负担年迈父母的生活和医疗开支,十几年前离乡打工,后来在东莞某保安公司 上班。 天有不测风云,人有旦夕祸福。一次请假让老孙意外失去了性命——2020年8月20日中午,口头向主管 领导请好假的老孙走出保安岗亭,骑上电动自行车驶出大门,刚行至路边就被一辆疾驰的轿车撞倒,后 经抢救无效,不幸离世。而事故发生点距离老孙值守的岗亭仅有30米。 经交警认定,该事故主要原因为轿车超速,并只能推断老孙行驶方向大概为前行或右转。那么,老孙究 竟要去哪儿,去做什么?这些 ...
坚决杜绝“数字攀比”“数据美容”“数据注水”等政绩观错位问题
Xin Lang Cai Jing· 2025-12-26 10:49
12月24日至26日,最高人民检察院党组书记、检察长应勇率最高检调研组,围绕强化检察监督,全面提升法律监督质效,更好服务经济社会高质量发展, 到山西大同、忻州等地调研。 12月25日,最高人民检察院党组书记、检察长应勇率最高检调研组在忻州市忻府区检察院调研。 小编认真学习,其中既有对当前重点工作的再部署再深化,也有对检察工作的新举措新要求。下面,小编带着大家一起来学习。 对当前重点工作的再部署再深化 比如,关于深入开展违规异地执法和趋利性执法司法专项监督,应勇检察长要求要多办具有典型性、影响力的案件,推动以案促治,协同健全规范涉企执 法司法长效机制。坚持和落实"两个毫不动摇",深入贯彻民营经济促进法,依法平等保护各类经营主体产权和企业家合法权益,运用法治力量稳就业、稳 企业、稳市场、稳预期。 比如,关于做实检察为民,应勇检察长要求把为民办实事、解难事实效作为检验"检护民生"成效的重要标尺。抓实司法救助、检察听证、支持起诉等工 作,用心用情办好每一件"小案""小事",着力解决人民群众急难愁盼问题,绵绵用力、久久为功做实检察为民。特别强调,当前处于岁末年初,各级检察 机关要扎实做好农民工讨薪支持起诉、加强特定群体 ...
三维发力,云南检察护边疆未成年人健康成长
Zhong Guo Xin Wen Wang· 2025-09-21 09:42
Core Viewpoint - The Yunnan judicial system is actively implementing innovative practices to protect the healthy growth of minors, focusing on professional case handling, collaborative efforts, and brand leadership to create a robust legal protection framework for minors in various backgrounds [1][10]. Group 1: Professional Case Handling - The Yunnan judicial authorities are addressing new and old challenges in the field of minor protection with a professional approach, exemplified by a case in which a beverage shop sold alcoholic milk tea to minors, leading to a public interest lawsuit and subsequent regulatory improvements [1][4]. - The establishment of the "Teng·Love" studio in Tengchong provides a child-friendly environment for legal processes, minimizing secondary harm to minors involved in cases of abuse [3][4]. Group 2: Collaborative Efforts - The Yunnan judicial system has shifted from isolated efforts to a collaborative model, integrating resources from various departments to enhance the protection of minors, as seen in the creation of a specialized representative working station in Kunming [4][7]. - The "12345" working method in Tengchong exemplifies effective collaboration, involving multiple departments in targeted campaigns to address issues in key areas such as rental housing and schools [4][7]. Group 3: Brand Leadership - The establishment of brands like "Wei Xiao Hua," "Teng·Love," and "Guomen·Qingyou" reflects a commitment to localized protection efforts, with each brand focusing on specific community needs and integrating social work resources [9][10]. - The "Guomen·Qingyou" initiative in Ruili emphasizes the importance of legal education and support for foreign students, showcasing a tailored approach to meet the unique needs of the border community [7][9].
去年1月以来,办理社会信用领域行政检察监督案件超1300件——筑牢企业信用保护屏障
Xin Hua Wang· 2025-08-12 06:06
Core Points - The article discusses the issues surrounding the credit system for enterprises in China, highlighting the challenges faced by companies due to improper administrative penalties and credit punishment measures [1][2][3][4]. Group 1: Administrative Penalties and Credit Damage - The Supreme People's Procuratorate reported that from January last year to June this year, 1,366 cases related to social credit were handled, including 557 cases of improper credit punishment by administrative agencies and 260 cases of breach of trust [1]. - Some administrative agencies have been found to improperly publicize minor penalties, such as a 300 yuan fine, for up to three years, which can unjustly damage a company's credit [2]. - The use of big data has revealed that 1,975 administrative penalty records published in 2023 were all from simplified procedures, with 2,487 records involving fines below 500 yuan, yet all set for the maximum three-year publicity period [2]. Group 2: Credit Restoration Challenges - The current issues in credit restoration for enterprises include non-standard collection of breach of trust information and untimely notifications regarding credit restoration [2]. - As of June 30 this year, over 17 million individuals have been compelled to either repay debts or reach settlements due to credit punishment and consumption restrictions [3]. - There are instances where companies have been wrongfully included in the list of dishonest executors, leading to severe operational restrictions, such as being unable to secure bank loans [3]. Group 3: Legal Environment and Credit Repair - The article emphasizes the need for a legal business environment, noting that companies declared bankrupt may still be wrongfully listed as dishonest executors, which undermines their operational rights and judicial credibility [4]. - The procuratorial authorities have taken steps to rectify wrongful high consumption restrictions on companies that have been declared bankrupt, promoting credit restoration initiatives to alleviate difficulties faced by enterprises [4]. - Companies are encouraged to operate legally and protect their credit, and they have the right to apply for credit restoration if wrongfully listed as dishonest [4].
检察监督促推工资款执行到位
Ren Min Wang· 2025-07-11 01:32
Core Points - The case involves a labor dispute where the worker, Shi, was owed 30,000 yuan in wages for a renovation job but faced delays in payment from the employer, Chen [1] - After a court ruling in April 2023, Chen was ordered to pay 28,000 yuan in installments, but failed to comply, leading to a request for enforcement supervision by the worker [1][2] - The local prosecutor's office intervened by identifying available assets for enforcement, specifically an insurance claim, which allowed the worker to recover the owed wages by June 2025 [2] Group 1 - The worker, Shi, initially sought payment for 30,000 yuan in wages after completing a renovation job, but faced non-payment from the employer, Chen [1] - The court ruled in favor of Shi, ordering Chen to pay 28,000 yuan, but Chen did not comply, prompting Shi to seek enforcement [1][2] - The prosecutor's office played a crucial role in identifying an insurance payout that enabled the recovery of the owed wages [2] Group 2 - The local prosecutor's office has been actively monitoring cases related to labor fees, alimony, and medical expenses, issuing 10 supervisory suggestions and recovering over 380,000 yuan in total [2] - The prosecutor's office emphasizes its commitment to addressing public concerns and ensuring that justice is served in labor-related disputes [3]
民营经济促进法施行,检察机关如何依法履职重点发力?
Xin Hua She· 2025-05-20 13:27
Group 1 - The Private Economy Promotion Law took effect on May 20, aiming to ensure equal legal protection for various business entities and enhance the supervision of law enforcement practices [1] - The Supreme People's Procuratorate (SPP) will focus on three main areas: supervision of coercive measures in criminal cases, rectifying the use of criminal means in civil economic disputes, and regulating cross-regional law enforcement behaviors [1] - The SPP will implement a comprehensive approach to civil execution supervision, particularly targeting false litigation related to the private economy, and will enhance the effectiveness of case handling through various legal mechanisms [2] Group 2 - The administrative prosecution department will handle cases related to administrative penalties and agreements, ensuring the protection of private economic organizations' legal rights [3] - The SPP will strengthen the enforcement of intellectual property rights, focusing on high-tech and emerging industries, and will enhance punitive measures against intellectual property infringements [4] - The SPP will streamline channels for complaints and appeals related to private economic entities, prioritizing the handling of such cases through dedicated service centers [6]
最高检发布第四批贯彻实施民法典典型案例
Yang Shi Wang· 2025-05-16 01:57
Core Viewpoint - The Supreme People's Procuratorate has released the fourth batch of typical cases to demonstrate the effective implementation of the Civil Code, highlighting the role of procuratorial supervision in safeguarding legal rights and interests in various civil matters [1][2]. Group 1: Typical Cases Overview - The fourth batch of typical cases includes six cases covering various aspects of the Civil Code, such as divorce compensation, property rights, contract disputes, and personal rights [1][2]. - The cases illustrate the application of the Civil Code in real-life scenarios, emphasizing the importance of legal protections for individuals in family and property matters [1][2]. Group 2: Case Summaries - **Case 1: Liu vs. Kang** - In a divorce case, Liu was initially denied economic compensation due to lack of evidence. The procuratorial authority intervened, leading to a re-examination and a ruling that awarded Liu 80,000 yuan in compensation [5][7]. - **Case 2: Yu vs. Shao** - A contract dispute where a guardian sold property belonging to a mentally disabled person without proper consent. The procuratorial authority's intervention resulted in the court declaring the contract invalid, protecting the rights of the disabled individual [10][14]. - **Case 3: Dong vs. Village Group** - A land contract dispute where the court upheld the validity of contracts made without proper consent from the collective organization, leading to a procuratorial appeal that resulted in the contracts being declared invalid [18][24]. - **Case 4: Jia vs. Jia** - A labor injury case where the court initially ruled against the injured party. The procuratorial authority identified multiple layers of illegal subcontracting, leading to a re-trial that held all responsible parties liable for damages [26][31]. - **Case 5: Wang vs. Children** - A case involving elder care where the court's failure to enforce a maintenance order led to procuratorial intervention, resulting in the enforcement of the ruling and compliance from the children [34][36]. - **Case 6: Zou vs. Knitting Company** - A case of identity theft where the individual was wrongfully registered as a company official. The procuratorial authority supported the individual's claim to rectify the registration [38]. Group 3: Legal Implications - The cases collectively underscore the importance of the Civil Code in protecting individual rights, particularly in family law, property rights, and personal rights [1][2]. - The procuratorial authority's active role in supervising civil cases demonstrates a commitment to ensuring justice and upholding the rule of law [2][37].