民事支持起诉
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破局“婚离不掉、房要不回”
Xin Lang Cai Jing· 2026-01-02 17:26
【关键词】 民事支持起诉 宣告无民事行为能力 指定监护人 这是一段曾充满幸福的黄昏恋。2012年底,经历过婚姻失败的李女士满怀憧憬,与相识不久的男子张某 登记结婚。四年后,李女士确诊阿尔茨海默病。两人婚后未育,但彼时张某对李女士悉心呵护,承担起 日常起居的全部责任。这个家虽遭遇不幸,日子却依旧平稳。 受理该案后,我们立即开展调查核实,走访房管、公安等多个部门后了解到,李女士与张某共同居住的 原房屋系李女士婚前购买,但在2020年办理不动产权证书时,张某却向房管部门提交了虚假材料,使该 房屋"变成"夫妻二人共同所有,并于2022年底出售。其后,张某用所得款项购买了新房且只登记在他一 人名下。与此同时,我们还向公安机关调取张某被行政处罚的相关记录,明确了他家暴李女士的事实。 案情虽已明朗,可李女士追回房产的希望依然渺茫。因为张某作为配偶,理应是李女士的第一顺位监护 人。这意味着,李女士将无法实现与其解除婚姻关系、保护自己合法权益的法律目的,面临着"婚离不 掉、房要不回"的困境。 对此,我们召开检察官联席会议深入研究。会上,有办案检察官提出,李女士被诊断为阿尔茨海默病后 可能存在无民事行为能力或限制民事行为能力的情 ...
工程层层转包农民工讨薪无门?检察机关支持起诉破解难题
Xin Hua She· 2025-07-24 10:50
Group 1 - The article highlights the issue of illegal subcontracting and wage arrears in construction projects, emphasizing the role of the Supreme People's Procuratorate in addressing these problems [1][2] - A case is presented where a construction company (Company A) subcontracted work to Company B, which further subcontracted to unqualified individuals, leading to unpaid wages for 16 workers totaling over 190,000 yuan [1] - From January to June 2025, the national procuratorial authorities received 32,500 civil support litigation cases, with 20,900 cases supported, including 14,200 cases for migrant workers [1] Group 2 - The article identifies additional challenges faced by workers, such as employers evading supervision by not signing written contracts or using "yin-yang contracts," which complicates wage recovery [2] - The Supreme People's Procuratorate plans to enhance civil support litigation efforts by providing legal consultations, coordinating legal aid, and assisting in evidence collection to protect workers' rights [2] - Workers are advised to sign written labor contracts, retain evidence of employment, and seek help from relevant departments or pursue legal action when disputes arise [2]
最高检:今年1月至6月支持起诉追索劳动报酬案2.09万件
news flash· 2025-07-24 07:41
Group 1 - The core viewpoint of the article highlights the active role of the national procuratorial organs in supporting civil litigation, particularly in labor disputes related to unpaid wages [1] - From January to June this year, a total of 32,500 civil support litigation cases were accepted by the procuratorial organs, with 20,900 cases supported for litigation [1] - Among the supported cases, 14,200 were related to migrant workers, accounting for 67.91% of the total supported cases, indicating a significant focus on protecting the rights of this demographic [1]
专访最高人民检察院民事检察厅厅长蓝向东
21世纪经济报道· 2025-03-04 06:51
Core Viewpoint - The article emphasizes the significant progress made by the civil prosecution system in China, particularly in protecting the rights of workers, especially those in flexible and new employment forms, as part of broader efforts to enhance social justice and legal supervision [1][4][5]. Group 1: Achievements in Labor Rights Protection - The civil prosecution system has focused on safeguarding the rights of workers, particularly in new employment forms, as a key area of judicial support for people's livelihoods [4][5]. - In 2024, nearly 5,400 cases related to labor disputes were handled by national prosecution agencies, with around 800 suggestions for retrial and protest submitted [6]. - The prosecution agencies supported over 82,000 civil support lawsuits, with more than 60,000 cases approved, including nearly 40,000 cases for migrant workers, accounting for 65.7% of the total [7]. Group 2: Enhancements in Re-examination Prosecution Suggestions - In 2024, over 7,600 re-examination prosecution suggestions were submitted, with a change rate of 91.6%, indicating a significant improvement in the effectiveness of these suggestions [10]. - The prosecution agencies have strengthened communication and collaboration with local courts to enhance the quality of judicial supervision [11]. Group 3: Addressing Execution Challenges - In 2024, over 60,000 civil execution supervision cases were accepted, with more than 50,000 prosecution suggestions made, achieving a court adoption rate exceeding 97% [19]. - The prosecution agencies are working on improving the supervision mechanisms for civil execution activities to ensure effective oversight [18]. Group 4: Combating False Litigation - The prosecution agencies have focused on key areas of false litigation, including loan disputes and labor disputes, and have supervised approximately 46,000 cases of false litigation from 2020 to 2024 [21]. - A collaborative defense system has been established among various legal entities to combat false litigation effectively [22].