Investigation Report on Judicial Assistance of the Political and Legal Committee of the County Party Committee 1 Learning and practicing Scientific Outlook on Development is to establish and implement Scientific Outlook on Development in an all-round way and realize the grand goal of building a well-off society in an all-round way, that is, more economic development, more sound democracy, more progress in science and education, more prosperous culture, more harmonious society and more affluent people's lives. In recent years, our county has clearly put forward the goal of emancipating the mind, promoting scientific development and building a harmonious Shangrao county in an all-round way. Building a harmonious socialist society is a continuous process of constantly solving social contradictions. To build a harmonious Shangrao county in an all-round way, we should face up to contradictions more actively, resolve contradictions, maximize harmonious factors, minimize disharmonious factors, and constantly promote social harmony and stability. In order to effectively resolve all kinds of social contradictions and maintain social order and stability, our county has implemented the system of receiving visits from county party Committee secretaries and the system of maintaining stability and resolving responsibilities through letters and visits. In the town (township, street), a center for the investigation and mediation of contradictions and disputes and a public service center were established, a video surveillance system was installed, and a pilot project of "ten-household joint defense" was launched. By strengthening leadership and clarifying responsibilities, a large number of contradictions and disputes have been effectively resolved, and most of the letters and visits have been resolved at the grassroots level. However, there are still a large number of problems related to law and litigation that have not been effectively solved, mainly because the reasonable demands of law-related victims have not been reasonably solved, which has caused some victims not only to lose credibility with political and legal organs and grass-roots party committees and governments, but also to be angry with them because of helplessness, thus believing in "visiting" but not "law", believing in "going up" but not "going down", and not looking for "blue sky" through law when something happens. In order to make the victims get reasonable compensation, improve the credibility of political and legal organs and grass-roots party committees and governments, and effectively resolve the contradictions and disputes of law-related victims, it is necessary to establish a judicial relief mechanism to help the victims get help in life and comfort in thought, thus reducing social opposition and promoting harmony and stability in the county.
1. Cases involving law and litigation need judicial assistance.
Of the 32 law-related cases handled by the county public security bureau in 20xx, 9 need to be completely solved through the rescue fund channel; Nearly half of the 44 petition cases handled by county courts since 20xx need assistance before they can be stopped. After these cases that need assistance have not been effectively solved, the parties concerned have realized their demands with abnormal petition behavior. Such as Fu, Lu Camellia, Zhou Maolin, Xu Shengping, Huang Qinghua, luoquan, Cheng Zidao (Yu Junchao), Zhang, Yu Hehua, etc. These people's abnormal leapfrog petition not only brought great adverse effects to our county, but also made the local government spend a lot of manpower and financial resources on stabilizing and receiving petitioners. For example, on the evening of August 30th, 20xx, the elderly people (laid-off workers) who entered Beijing abnormally were arrested as thieves by the local people in Xiapei Village, Chating Town, and then tied to the Zhushan Mountain behind the village for group fighting, causing serious injuries to Cheng and dying on the spot. The public security criminal investigation filed a case for investigation and arrested seven criminal suspects who had been beaten. After repeated and careful investigation, the final investigation result failed to identify the fatal murderer who caused the death of the deceased, which led the procuratorate not only to refuse to arrest the suspect, but also to confirm the compensation for the deceased, and only to release the suspect on bail pending trial. For this reason, the family members of the deceased did not understand the investigation results, and strongly urged the public security organs to confirm who the murderer who beat her husband to death was, and refused to cremate the remains. Besides, due to his illness and young children, his life is extremely difficult. Repeated visits to the province and Beijing for irregular petitions were included in the cases handed over by the Central Joint Conference. In June, 2006, Xiao, the newly transferred member of the Standing Committee of the County Party Committee, the secretary of the Political and Legal Committee and the director of the Public Security Bureau, attached great importance to this law-related petition, personally read the case file, repeatedly patiently worked on the petitioner's ideological work, coordinated the county civil affairs bureau to include the petitioner and his children in the minimum living guarantee for urban residents, and allocated 55,000 yuan to solve the expenses of frozen cremation of corpses. Finally, the petitioner Ye Yuxian's idea was melted and the case was stopped. Another example is the dispute over personal injury compensation in road traffic accidents between applicants Huang Ziwan and Yu Xiaoyou and executors Jiang and Liao Xingmin. Huang Yuanping, the son of Huang Ziwan, and Ge Fuxiang, the husband of Yu Zaizhou, both died in the accident, and the case was put on file for execution on 20xx1October 24th, 65438. However, the county court has exhausted all means of execution because the person subjected to execution has evaded debts all the year round, and it still has no effect. Now the applicant Huang Ziwan is old and weak (now 70 years old), and his wife is also old and sick. His daughter-in-law ran away from home, leaving her young grandchildren to support her, and her family life was extremely difficult. Another applicant, Xiao Yu, has a similar family situation and urgently needs to solve the current practical difficulties. Another example is the intentional injury case (criminal incidental civil dispute) between the applicant Huang and the executor Huang. Applicant Huang is the main labor force in the family, and now she has lost some labor force due to eye injury, and her mother is old. Because her son's eyes still need treatment, she has to raise medicine fees everywhere, and her family life is tight, and she urgently needs the court to realize her creditor's rights. However, because the executed person fled his family to avoid debts, the case was difficult to execute for a long time, and the parties also had adverse effects. Especially. The case has not been solved for a long time, or the criminal suspect has been on the run for a long time, and the victim is unable to maintain the local minimum living standard or partially or completely lose the ability to work, and the lack of necessary medical expenses makes it difficult to maintain his life, or the death of the victim causes great difficulties in family life, and the person subjected to execution is really unable to perform it, which leads to the victim's complaint petition.
"People-oriented, caring for people's livelihood" is our fundamental guiding ideology to resolve all kinds of contradictions and disputes. In order to reduce the occurrence of law-related letters and visits by difficult victims, we should comfort the victims' thoughts and protect their lives through extra-legal affection and economic compensation. This requires us to further strengthen judicial assistance, establish a judicial assistance fund, solve the backlog of cases, and promote social harmony and stability.
Second, the problems existing in the judicial assistance work
Strengthening judicial assistance and putting an end to cases of letters and visits involving law and litigation are one of the important measures to maintain social harmony and stability, safeguard the legitimate rights and interests of the people and create Ping 'an County. In addition to legal aid, economic aid must also be implemented. The establishment of relief fund is an effective way to solve the problem of letters and visits involving law and litigation. Therefore, the rescue fund should establish a long-term mechanism. But the key to establishing a rescue fund is money. At present, there is no special relief fund in our county, only for individual cases, especially for major and difficult cases. If other cases are not effectively solved, they may evolve into cases like Fu and others. Therefore, it is limited to law enforcement units or leaders of law enforcement units to raise funds. The problems are as follows: first, our county is still a poverty-stricken county in the old liberated areas, with financial constraints and shortage of funds in the political and legal departments. Second, it is not included in the fiscal budget. Third, there is no help from the civil affairs department and society.
Three, the requirements of the object of judicial assistance and the establishment and application of relief funds.
1. It is suggested that the object of assistance be temporarily limited to two situations. One is the party who is partially or completely incapacitated by being infringed, lacks necessary living and medical expenses, and cannot support himself. The case has entered the proceedings, and due to reasonable reasons outside the law, it is really impossible to get relief through legal channels, and its life is really difficult and it needs immediate relief; The other category is criminal incidental civil cases that enter the execution procedure, or other execution cases involving migrant workers, disabled people, retired workers, low-income households, laid-off workers and other vulnerable groups. The legal means of court execution have been exhausted, and the person subjected to execution has a particularly difficult life because he has no property to execute for the time being. The items and scope of assistance mainly include first aid expenses, necessary living allowances and medical expenses. , but the amount of each subsidy should be clearly limited.
2, the establishment, collection, management and use of judicial relief funds. Establishment of judicial relief fund: set up a fund organization, located in the Political and Legal Committee, and managed by full-time or part-time personnel in the departments of finance, civil affairs, supervision, letters and visits, and politics and law. Sources of funds: first, the withdrawal of funds from higher-level political and legal transfer payments; Second, local financial support; Third, local civil assistance; Fourth, it is extracted from the extra-budgetary funds such as fines, fines and prosecution fees according to a certain proportion; The fifth is social donation. The management and use of funds shall be managed by the Political and Legal Committee in a unified way, and a special account shall be set up for special purposes. We shall adhere to the principle of living within our means, being open and fair, and it is strictly forbidden to misuse or misappropriate funds. The use of procedures can refer to the "Measures for the Implementation of Judicial Assistance in Civil Enforcement Cases of Jiangxi Higher People's Court (Trial)".
Fourth, further strengthen the public opinion guidance of judicial assistance.
Economic assistance only faces a few vulnerable and helpless groups, and the effective way to change the status quo is to strengthen legal awareness. With the development of society, the legal system has become increasingly complex and legal affairs have become increasingly specialized. At present, there are still a certain number of people in our country with low cultural quality and lack of legal knowledge, which will inevitably affect the operation of law in practice. This is an unavoidable contradiction. First, we must improve the legal aid network. The judicial department should strictly implement the provisions of legal aid and establish a supporting work system; Broaden the field of assistance, lower the standard of assistance, improve the quality of assistance, and gradually realize "should help all"; Public security departments should establish a legal consultation system and provide legal consultation services to relevant personnel in a timely manner. At the same time, it is necessary to extend legal aid to towns (streets), consumer associations, disabled persons' federations, workers and young women, and set up legal aid stations; Expand to all communities and establish aid substations. Second, we must increase publicity for popularizing the law. It is one of the purposes of legal aid to carry out all kinds of legal popularization work in depth, improve the legal quality of the whole people, and realize the goal of advocating the law and acting according to law in the whole society. Third, we must correctly guide propaganda and public opinion. On the one hand, all political and legal departments should strengthen contact with propaganda departments and news media, and actively provide news materials to punish evil and promote good and be brave; On the other hand, modern media such as education, television, radio, newspapers and the Internet should earnestly enhance their sense of social responsibility, correctly guide public opinion, popularize legal knowledge, promote social integrity, and make contributions to maintaining socialist harmony and stability.
Person in charge of research project:
Li Kangping (Deputy Secretary of the Political and Legal Committee of the County Party Committee and Director of the County Comprehensive Management Office)
Research project coordinator:
Yin Lixin (Deputy Secretary of the Political and Legal Committee of the County Party Committee)
Person in charge:
Zhu Jibiao (cadre of the Political and Legal Committee of the county party committee)
The second part of the investigation report on the judicial assistance work of the Political and Legal Committee of the County Party Committee In order to effectively solve the basic living difficulties urgently needed by the executors of complaint letters and visits, safeguard social fairness and justice, and embody the purpose of civil justice, the People's Court of Jinxi County of xxxx Province actively relies on the leadership of party committees at all levels and the support of the government to alleviate the urgent needs of the parties through judicial assistance. Since February 20 13, judicial assistance has been given to 7 cases 12 people, with a total amount of 283,000 yuan, and 7 cases have been closed, which has achieved good legal and social effects.
However, in practice, some people who apply for enforcement are in trouble because they have no property available for enforcement and have not received judicial assistance. They often go to the courts and government departments to petition and pester them, which reduces the efficiency of execution and damages the judicial public trust. Starting from a case, the author briefly analyzes the problems existing in judicial assistance and puts forward relevant suggestions.
First, the execution case (Jiang Moumou, Xu Mouhua, Xu Moufeng applied for the execution of Yang Moumou and Huang Moumou's employee compensation dispute case)
From June 5438 to February 2008, the executor Huang contracted the wall painting of his self-built house to the executor Yang, who hired Xu to paint the wall with him. In the same year, 65438+February 1 1 day, Xu accidentally stepped on the scaffold and fell to the ground, but died the next day after being rescued. In the same year 65438+February 65438+June, Xu's relative Jiang Moumou and other three people sued the Jinxi County People's Court. On March 2, 2009, the court ruled that Yang Moumou and Huang Moumou compensated Jiang Moumou and others for various losses of 6609 1.5 yuan and 15530.5 yuan respectively. On April 28, 2009, Jiang Moumou and other three people applied to the hospital for execution.
After accepting the enforcement case, the enforcement judge served the enforcement notice and the property report order to Yang and Huang according to law. Because the second executor had no property to execute, the execution was deadlocked, and three applicants, including Jiang Moumou, visited hospitals and government departments several times to petition. During the period from 20 10 to 20 1 1, the enforcement judge deducted the deposit of 6,200 yuan from the account of the executed person Huang. Because the executor Yang suffered from heart disease and family difficulties, the hospital could not treat him with judicial custody. After the case entered the execution procedure, Yang went out to work and could not find his whereabouts. The compensation of three applicants, including Jiang, was not fully implemented, and the implementation was in trouble.
Faced with the implementation dilemma, on the one hand, the executive judge actively reported the implementation progress and difficulties to the county party Committee, the county government and the political and legal Committee, and strived for government financial support; On the other hand, actively communicate and coordinate with the town government and civil affairs department where Jiang's household registration is located, and handle the minimum living allowance for Jiang to solve its urgent needs. With the efforts of the executive judge and the strong support of the Political and Legal Committee of the Provincial Party Committee, in June 5438+1October 65438+July this year, Jiang Moumou and other three people finally got 40,000 yuan in aid, and voluntarily signed an agreement to stop the interest-seeking litigation and give up part of the creditor's rights commitment letter. The case was successfully resolved through judicial assistance.
Secondly, the issue of judicial assistance.
In judicial practice, it is found that there are four main problems in judicial assistance:
1, the rescue scope is small. The litigation reason of judicial aid is narrow. Usually, the executor of personal injury compensation cases such as traffic accidents is the object of judicial assistance, and the amount of compensation required is relatively large. Few other types of cases need help.
2. The amount of assistance is limited. In practice, the amount of cases reported by the court as required is very large, but only 30,000-50,000 yuan or even less is finally approved. Because the compensation is not actually in place, the person subjected to execution often continues to petition after the aid money is used up.
3. The number of rescues is limited. Judicial assistance is usually initiated by party committees, governments and political and legal committees at all levels, and cases are reported by the courts. The number of judicial assistance is once or twice a year. However, the number of cases accepted by the courts is increasing, and the number of cases requiring judicial assistance is far from satisfying those in need.
4. The aid payment period is long. Under normal circumstances, party committees, governments and political and legal committees at all levels send documents to the court, and the court reports the case materials to the rescue agency for approval. After the approval, the relief agency will transfer the relief fund to the financial account or court account of the government where the rescued person is located, and then the court will pay the rescued person. It takes as little as one or two months, and as much as half a year, from the issuance of rescue documents to the recipient's receipt of rescue money, which affects the efficiency of rescue.
Three. Suggestions on judicial assistance
1, expanding the scope of judicial assistance. In judicial practice, only the cases of personal injury compensation with a large amount of compensation are taken as the object of judicial assistance, and some cases of personal injury compensation with a small amount and the life of the executed person are not effectively rescued. In practice, there are a large number of personal injury compensation enforcement cases with small amount and difficult life for the executed person, which intensifies social contradictions and affects the judicial credibility. Therefore, all cases of personal injury compensation caused by the fact that the person subjected to execution has no property to execute should be included in the object of judicial assistance, so that more people in need can get assistance.
2. Increase the amount of aid. The person subjected to execution who meets the conditions of judicial assistance shall be given assistance according to all or most of the subject matter of the application, so that the legitimate rights and interests of the people in difficulty can be fully or basically realized and returned after the court executes them in place.
3. Establish a normalization mechanism for judicial assistance. The court applies for judicial assistance from time to time to the Party committee, the government, the Political and Legal Committee and other departments, and gives a written reply to those who meet the conditions for assistance within seven working days to carry out judicial assistance.
4. Shorten the payment cycle of aid funds. For applicants who meet the conditions for assistance, once the materials are approved, the assistance funds will be transferred to the special account within ten working days and distributed to the applicants in time, so that the needy people can enjoy the warmth of judicial assistance as soon as possible.
5. Establish a judicial relief fund organization. Led by the government, the state finance allocates special funds to absorb social donations to make up for the funding gap of the judicial assistance fund. Take judicial assistance as a long-term social welfare undertaking with government support and social assistance, and fully mobilize social forces while the government is leading.