Yunnan Procuratorial Organs-Acting in Performing Their Duties According to Law, Serving to Guarantee People's Livelihood

In the middle of winter, a judicial measure with the temperature of people's livelihood has brought a warm current to migrant workers: the people's Procuratorate of Yunnan Province recently issued opinions on further improving the work of wage support and prosecution of migrant workers, requiring the procuratorial organs of the whole province to take wage support and prosecution of migrant workers as the starting point of civil procuratorial service, and actively use legal thinking and legal means to safeguard the legitimate rights and interests of migrant workers, To better procuratorial performance to help solve the problem of wage arrears.

"To do a good job in supporting the prosecution of migrant workers is a concrete measure for Yunnan procuratorial organs to conscientiously implement the requirements of 'fair justice is the last line of defense to safeguard social fairness and justice' put forward in the report of the 20th National Congress of the Communist Party of China, and strive to make the people feel fairness and justice' in every judicial case." The relevant person in charge of the Sixth Procuratorial Department of the Provincial Procuratorate introduced.

In this measure, the civil procuratorial departments of the whole province pay close attention to the cases of migrant workers who are in arrears with their wages, who have been in arrears for more than three months, and who are in arrears with their wages but refuse to issue certificates of arrears of wages, so as to strengthen supervision, improve the quality and efficiency of handling cases and strengthen the management of litigation sources by carrying out special supervision and participating in the winter special action to eradicate arrears of wages. Since 2020, the province's procuratorial organs have handled support for prosecution cases for three consecutive years, helping more than 30000 migrant workers recover more than 0.3 billion yuan in arrears.

The role of civil prosecution is reflected in many aspects. The civil procuratorial departments of the whole province focus on the urgent and anxious problems of the masses, perform their duties in accordance with the law, serve and protect the people's livelihood, constantly deepen the "procuratorial work for the people to do practical things", settle with civil procuratorial reconciliation, and solve the worries and worries of the masses with heart and emotion.

The report of the 20th National Congress of the Communist Party of China put forward that "adhering to and developing the 'Fengqiao Experience' of the new era at the grass-roots level", "improving and correctly handling the mechanism of contradictions among the people under the new situation" and "resolving contradictions and disputes at the grass-roots level and in the bud in a timely manner", Yunnan procuratorial organs are taking active actions.

Recently, the Provincial Procuratorate and the Nujiang Prefecture Procuratorate have worked together to dismantle the "heart wall" and facilitated the settlement of a six-year civil procuratorial supervision case. Liu and Ou, who live in Lushui City, are good friends. Liu encountered difficulties in the course of business, and Ou provided part of the loan to solve the urgent need.

After the business crisis, Liu paid more than 100,000 yuan to Europe. After that, Liu thought that he had paid more and sued the court after asking for it. After the case went through the first instance, the second instance, and the retrial failed, Liu applied for procuratorial supervision.

In the process of examining the case, the Nujiang Prefecture Procuratorate obtained the bank flow of economic exchanges between the two sides, held that the court of second instance found that the loan amount of both parties did not match the actual situation, and submitted the case to the provincial procuratorate to protest. After the examination, the undertaking prosecutor held that the loans between the parties in this case were all oral agreements, and the two parties also agreed on the amount of loans and facilitation fees. If the lawsuit continues, it will not only fail to achieve the results of handling the case, but also aggravate the contradiction between friends. As a result, the undertaking prosecutor visited the site to understand the demands of both parties. After mastering the situation that the case has the conditions for reconciliation, the prosecutor has conducted many video and telephone communications, and carefully formulated a plan to resolve conflicts and promote reconciliation. The civil procuratorial departments of the provincial and state procuratorates gave full play to the advantages of integrated case handling, skillfully used the reconciliation mechanism of procuratorial supervision, settled the lawsuit and stopped the dispute, resolved the six-year litigation fetters of both parties, and finally signed a settlement agreement.

Such cases, in Yunnan procuratorial organs too numerous to mention. The civil procuratorial departments of the whole province adhere to the people-centered principle, earnestly practice the "Fengqiao experience" of the new era, integrate the substantive resolution of civil disputes into the whole process of civil procuratorial supervision, strive to improve the quality and efficiency of reconciliation, and strive to achieve the conclusion of the case and the people.

In a contract dispute review and supervision case recently handled by the Provincial Procuratorate, it is still difficult for the parties to reach a consensus on compensation after many lawsuits. In the face of difficult problems, the civil procuratorial department of the provincial procuratorate comprehensively considers factors such as the applicant's expectations, the willingness to pay of the subject responsible for breach of contract, and the actual solvency, so as to open the legal settlement with the case, understand the happy settlement with the matter, and cure the crux with people and root cause, and closely link with the relevant departments, and finally promote the settlement of the case. The resolution of the dispute in the case has been praised by organizations such as the Yunnan Private Entrepreneurs Association.

Since the beginning of this year, the province's procuratorial organs have reviewed and handled more than 30000 civil procuratorial cases of various types in accordance with the law, and filed 122 protests against civil judgments that were indeed wrong, and the protest change rate reached 97%; 192 retrial procuratorial suggestions were put forward, and 9455 procuratorial suggestions were issued. Among them, 81 cases of effective judgment supervision were settled, and 11000 cases of supporting prosecution were settled. The active performance of civil prosecutions has significantly enhanced the public's sense of access to justice.

Our reporter Chen Xiaobo