China News Service, May 11, Feng Xiaoguang, director of the Sixth Procuratorate of the Supreme People's Procuratorate, pointed out on the 11th that after the outbreak of the New Coronary Pneumonia epidemic, the procuratorate should properly handle cases of contract disputes involving epidemic prevention and control, and strengthen judicial protection of small, medium, and micro enterprises in accordance with law. Severely crack down on “professional lenders” to take advantage of the epidemic prevention and implementation of illegal acts such as usury and “routine loan” false lawsuits to protect the legitimate rights and interests of small, medium and micro enterprises and boost the business environment according to law.
On the 11th, the highest prosecution held an online interview. Feng Xiaoguang introduced the relevant work of the civil prosecution in the service guarantee epidemic prevention battle.
"It is necessary to properly handle contract dispute cases involving epidemic prevention and control, and strengthen the judicial protection of small, medium and micro enterprises according to law." Feng Xiaoguang said that it is necessary to reasonably determine the impact of the epidemic on contract performance and accurately apply the legal provisions on force majeure and exemption. For financial loan disputes caused by small and medium-sized enterprises that are greatly affected by the epidemic, the relevant claims of financial institutions should be carefully reviewed according to law, and the two parties should be negotiated to resolve the disputes by means of deferred loan renewal, renewed loan renewal, and installment repayment. The production and operation difficulties caused by the epidemic. Severely crack down on “professional lenders” to take advantage of the epidemic prevention and implementation of illegal acts such as usury and “routine loan” false lawsuits to protect the legitimate rights and interests of small, medium and micro enterprises and boost the business environment according to law.
"It is necessary to properly handle labor and personnel disputes involving epidemic prevention and control, and to ensure the resumption of production and production of related enterprises according to law." Feng Xiaoguang introduced that it is necessary to properly resolve labor disputes caused by laborers due to treatment and isolation, business suspension due to epidemic conditions, and delayed payment of compensation. Protect the legitimate rights and interests of workers. If an enterprise is affected by the epidemic, which leads to difficulties in production and operation, it can guide the enterprise to stabilize its work position through consultation with employees, such as adjusting salary, rotation and rest, shortening working hours, etc., and try not to lay off or reduce layoffs as much as possible. When handling the above-mentioned cases, the civil procuratorial department should strengthen the linkage and cooperation with the human and social departments, labor and personnel arbitration institutions, and the people's courts, resolve disputes through reconciliation as much as possible, and provide rule of law protection for the resumption of production and production of related enterprises.
"It is necessary to properly handle medical dispute cases involving epidemic prevention and control, and resolve the contradiction between doctors and patients according to law." Feng Xiaoguang pointed out that medical disputes caused by epidemic treatment should be based on comprehensive consideration of the epidemic prevention and control situation, medical institutions' ability to treat and professional level. To reasonably determine whether the medical side has fulfilled its obligation of diagnosis and treatment corresponding to the medical level during the special period of epidemic prevention and treatment. If there is no obvious fault in the diagnosis and treatment of the faulty behavior, or if the party requests that the medical institution fails to fulfill the necessary notification obligations related to the epidemic, it generally does not support it. In the prevention and treatment of new-type coronavirus pneumonia, medical and related staff who perform their duties and are infected with new-type coronavirus pneumonia or die due to new-type coronavirus pneumonia shall be deemed as work-related injuries and shall be entitled to work-related injury insurance.
"It is necessary to properly handle consumer rights protection cases involving epidemic prevention and control, and safeguard the legitimate rights and interests of consumers according to law." Feng Xiaoguang said that during the epidemic, the sale of masks, protective clothing, disinfection supplies and other epidemic-preventing materials was in short supply. Although the contract has come into effect, it is due to government deployment For reasons such as expropriation, which cannot be performed, and the buyer sues and requests the seller to bear the liability for breach of contract, it generally does not support it, unless the parties agree otherwise. The parties concerned shall support the use of the epidemic situation to force consumers to purchase protective and diagnostic items at apparently unreasonably high prices. Severely crack down on deceiving and misleading insurance consumers to purchase inappropriate insurance products by rendering epidemic situations to ensure that the insurance market is stable, healthy and orderly.
"It is necessary to properly handle the cases of epidemic prevention and control enforcement supervision and supervision, and the courts should take reasonable enforcement measures according to law to ensure that the production and business activities related to epidemic prevention and control are not affected." Feng Xiaoguang emphasized that during the epidemic prevention and control, the court If enterprises, institutions and personnel in the country suspend the enforcement measures, they should generally support them. It is necessary to intensify the supervision of illegal seizure measures that exceed the standard. It is necessary to adhere to the diversification of contradictions and the governance of the source of complaints, actively guide the parties to mediate consultations, mutual understanding and mutual accommodation, share risks, and overcome difficulties, effectively resolve conflicts and disputes involving epidemic diseases, achieve harmonious stability in the settlement of cases and harmonious society.