Brighten the background of the rule of law of "Peace China"
"Peace" represents a peaceful residence, a healthy life, a safe environment, and a stable society. It is an extremely important livelihood of the people and the most basic development environment. All this is inseparable from the guarantee of the rule of law.
Since the beginning of this year, the national political and legal system has been courageously responsible and actively exploring. It has continued to exert efforts in epidemic prevention and control, and promotion of resumption of work and production, providing strong legal guarantees for the "six stability" and "six guarantees" work, and continuously adapting to the people's attitudes towards safe China, The new expectation of a better life continuously improves the people's sense of gaining the rule of law, and supports the stability of peace and happiness.
Respond to people's livelihood concerns and defend the public interest
On May 7, under the on-site supervision of the Jinan City Procuratorate, the Jinan City Market Supervision Administration conducted harmless treatment of nearly 12 tons of unqualified beef and beef products, destroying food that may flow to the market and endanger the health of the people, and guard The people are "safe on the tip of the tongue."
“In December last year, we discovered in two cases that the perpetrators Zhao and Ma sold beef products that had not been inspected and quarantined from May 2013 to June 26, 2014. After investigation by the public security organs, they sold The beef does not have a Chinese logo, and the two cannot provide inspection and quarantine certificates for the food they sell, nor can they provide food qualification certificates for the beef and beef products seized by the public security organ." Liu Yao, the prosecutor handling the case, said that the perpetrator’s sales did not meet safety standards. The food infringes the legitimate rights and interests of many consumers and endangers the health of the people. Although it does not constitute a criminal offence, it should also bear corresponding legal liabilities.
The Jinan City Procuratorate issued an administrative public interest litigation pre-litigation procuratorial proposal to the Jinan City Market Supervision Administration, recommending that it perform statutory food safety supervision and management duties, and administratively deal with Ma and Zhao according to law.
In the end, the Jinan City Market Supervision Administration issued a written decision on administrative punishment to the two, giving the parties a warning and administrative punishment, and their food business license was cancelled according to law, and the seized beef was treated harmlessly. "The procuratorial organs and administrative organs coordinated and co-ruled, which effectively protected the legitimate rights and interests of the people." Liu Yao said.
Protecting the people's good life is reflected in a positive response to the people's concerns. In the face of key areas related to the vital interests of the masses, the political and legal organs take active actions:
——In terms of food and drug safety, from January to June, procuratorial organs across the country conducted public interest litigation inspections to supervise the investigation and recovery of 25,000 kilograms of counterfeit and inferior food sold and in circulation, and 24.3 kilograms of counterfeit and smuggled drugs in circulation. . In June, the Supreme People's Procuratorate also deployed special supervision activities. Among them, food safety and regulatory loopholes involved in new online sales formats such as the safety of takeaway packaging materials and "Internet celebrity endorsements" and "live delivery with goods" entered the list of key supervisions.
——In terms of solving the problem of migrant workers' wages, the Ministry of Justice opened a "green channel for migrant workers to seek help for arrears of wages" to facilitate migrant workers' access to public legal services such as legal consultation and legal aid; the People's Court established and perfected one-stop litigation in cases of wage arrears for migrant workers Service mechanism to minimize the cost and threshold of migrant workers' rights protection.
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From rigorously rectifying ride-hailing "domination" to severe punishment to "robbing the steering wheel", from in-depth control of telecom fraud to vigorously cracking down on epidemic-related crimes, political and legal agencies have always followed economic and social development, adhered to law enforcement and justice for the people, and actively responded to the concerns of the masses Difficulties and pain points.
Provide legal services to help companies overcome difficulties
"The market for medical products is in great demand, but the cost of resuming work and production is high. How to balance the protection of employee rights and corporate benefits?" In February this year, a medical device company in Nanyang City, Henan Province faced the problem of resuming work and production, so it became a lawyer in Henan. Lawyer Bi Xianxing Consulting.
This company is the only local manufacturer of medical disposable infusion sets. Affected by the new crown pneumonia epidemic, the company has suspended operations since late January. After the Spring Festival, enterprises urgently need to resume work due to their ability to produce epidemic prevention materials. However, how to balance enterprise production and epidemic prevention and control has become a difficult problem for enterprises when they resume work and resume production.
"On the one hand, we will assist companies in formulating plans to prioritize the return of 120 workers needed for the production of urgently needed materials for epidemic prevention; on the other hand, we must also formulate health management plans after taking up their jobs, and do a good job in epidemic prevention work such as safety and health management of on-duty employees." To make preparations before resuming work, Bi Xianxing further assisted companies in institutionalizing various epidemic prevention measures.
After the company resumes work, it still faces the problem of cost control. Can it reduce the wages of off-duty employees? "From an enterprise perspective, adopting measures such as lower wages for unemployed employees will help ensure the operation of the enterprise." Bi Xianxing said, however, enterprises must also abide by the labor law and other relevant legal regulations to protect the legitimate rights and interests of employees. In the end, the company adopted the lawyer's suggestion and reached an agreement through consultations with employee representatives, which not only alleviated the company's temporary difficulties, but also avoided conflicts with employees.
The reporter learned that in the prevention and control of the new crown pneumonia epidemic, in response to various legal problems encountered by enterprises when resuming work and production, judicial administrative organs at all levels organize public legal service workers to provide legal assistance to people in need and provide legal assistance for enterprises to resume work and production. It provides notarization services when faced with difficulties in debt repayment and capital turnover. It also makes full use of public legal service networks, entities, and hotline platforms to provide legal advice to help companies carry out production in a safe and orderly manner under the premise of fulfilling their obligations to prevent and control the epidemic.
The operation of an enterprise in Shantou, Guangdong has been greatly affected by the new crown pneumonia epidemic. Can factory rent be reduced or exempted in this case? Recently, the business owner Liu Mou consulted with lawyer Chen Baolong, a member of the Guangdong Federation of Industry and Commerce Lawyers Volunteer Service Group and a senior partner of Beijing Yingke (Huizhou) Law Firm, by phone.
"According to my country's contract law, if the contract cannot be performed due to force majeure, the liability may be partially or completely exempted based on the impact of force majeure." Chen Baolong suggested that Liu use the "force majeure" clause stipulated by the law to communicate and negotiate with the lessor. In the end, through active communication with the lessor, the lessor said that it understood the difficulties faced by the company during the special period of the epidemic. The two parties reached an agreement to "exempt rent for one month and halve the rent for two months", reducing the company's rent by 200,000 yuan. .
Continue to deepen reforms to enhance the sense of gain among the people
For a period of time, phenomena such as strange proofs, circular proofs, and repeated proofs have appeared from time to time, which have become annoying for the masses and enterprises. In order to promote the clean-up of certification matters, the Ministry of Justice opened the "Criticism from the Masses-Complaints and Supervision Platform for Certification Matters" on the China Legal Service Network to accept complaints from the masses on the strange certification, circular certification, repeated certification and other issues established by the local and department The blocking point of the masses doing business and entrepreneurship.
Mr. Zhu, a citizen of Suining City, Sichuan, reflected a certification item set in violation of regulations through the complaint supervision platform. Zhu’s complaint was from the local Shehong Public Security Bureau. He reported that minors were required to provide village community certification when they first applied for a resident identity card. However, the Suining Public Security Bureau never issued this rule.
It turned out that the establishment of this certificate was due to the fact that in 2014 Shehong discovered that many illegal criminals were "bleached" their identity information and fraudulently used the information of local people who had not applied for ID cards to apply for second-generation ID cards. In order to prevent similar incidents from recurring, the local public security bureau requires those who apply for a resident identity card for the first time to provide a certificate from the village community. After communication and explanation, Zhu expressed his understanding that the local public security bureau also cancelled this certificate, and only the guardian was required to accompany him and provide the guardian’s original resident identity card.
Nowadays, the local and departmental "wonderful proofs" and other issues reported by the masses have decreased significantly. Judging from the number of complaints received by the masses’ complaints on the “Criticism of the Masses-Certification Matters Clearing Complaint Supervision Platform” on the China Legal Service Network, in September 2018, the month when the complaint supervision platform was opened, a total of 865 complaints related to certification matters were received; In November, such complaints have been reduced to 15.
Continuously deepen the reform of "delegation, control and service", and the reform dividends released by the political and legal organs are shown on the smiling faces of the people. Recently, there are not many people in the entry-exit hall of Jilin City, Jilin Province. It turned out that thanks to the implementation of the Jilin City Entry-Exit Administration Department’s precise online appointment for visa application, the masses used the "Internet + Public Security" platform and the "Jilin Exit and Entry" WeChat service account to make an appointment for the time and location of the application. The permit application hall has effectively realized the diversion, making it more convenient and easier for the masses to apply for the permit.
Promoting decisive progress in the reform of the household registration system, introducing a number of entry-exit facilitation measures, implementing a notification and commitment system for certification matters, and advancing the clearance of certification matters...Political and legal agencies continue to promote and deepen the reform of “delegation, management, and service”, and are coordinating epidemic prevention and control and economic society Development and other aspects have introduced a series of new policies and measures, which have further improved the quality and level of management services, stimulated social creativity and enhanced the people's sense of gain.
Our reporter Wei Zhezhe