Source: Procuratorate Daily
"It is not simple to do every simple thing well, and it is extraordinary to do every ordinary thing well. ”
Zhou Qiang is making legal popularization propaganda to the masses.
After ten years of procuratorial work, he has always adhered to the front line of handling cases, and has been awarded the honorary titles of administrative procuratorial business pacesetter of Guangdong Province and national procuratorial organs, top ten most beautiful political and legal cadres and policemen in Shenzhen, and advanced workers in the procuratorial system of Shenzhen.
He is Zhou Qiang, deputy director of the Fifth Procuratorate Department of the Luohu District Procuratorate in Shenzhen, Guangdong Province.
is an honor, but low-key and humble, this is the evaluation of Zhou Qiang by colleagues. Recently, the reporter conducted an in-depth excavation of the case story that happened to Zhou Qiang.
Broad-minded accumulation, rooted in the growth of ordinary heart
After graduating from university, Zhou Qiang entered the Luohu District Procuratorate of Shenzhen, and successively served as an assistant prosecutor in the public prosecution and investigation supervision departments. The daily life of the grassroots procuratorate rarely has the verbal arguments between the prosecution and defense imagined when he was a student, and more of it is transactional work such as reading the file for arraignment, investigating and collecting evidence, making documents, and holding court for prosecution, which once made Zhou Qiang, who had just walked out of the ivory tower, feel a little lost and at a loss.
"To be honest, I also longed for the glitz and glamour of the outside world. 'Insist on doing a good job in ordinary daily life, and eventually have the sea of stars', when I heard the words of Fang Xu, the pacesetter of the case management business of the national procuratorate, I had an epiphany: there is no glamorous and beautiful falling from the sky, only the tempering and bearing of the stars and the moon, and it is not simple to do every simple thing well, and it is extraordinary to do every ordinary thing well. Recalling the past, Zhou Qiang sighed.
Adjust his mentality and have a high sense of responsibility, Zhou Qiang devotes himself to every little thing in ordinary work. Such a day, compared with the daily life of the prosecutor in his mind, may be less thrilling and ups and downs, but more tranquil and far-reaching, firm and persistent.
In 2019, after several rounds of procedures such as written examinations, interviews, and assessments, Zhou Qiang became a post prosecutor, and his job was transferred from the criminal prosecution department to the civil and administrative prosecution department. Leaving the familiar working environment and bidding farewell to the business knowledge at his fingertips, the new and unfamiliar professional field made Zhou Qiang, who was accustomed to the thinking of public prosecution, feel an unprecedented lack of knowledge and ability.
"At that time, I was very anxious, and the panic of my skills came over me, and my previous knowledge reserves were basically useless, and it felt like a boxer playing against a cotton wall. Zhou Qiang's original state of mind is still unforgettable. In the face of challenges, he took out the spirit of "desperate Saburo", started from the most basic business knowledge of administrative procuratorate, and constantly tested the learning results through special work. In the process of tempering again and again, the supervision and handling of cases have gradually become handy.
Zhou Qiang always firmly believes that only by doing every little thing in front of him can he cope with greater challenges. In the Guangdong Provincial Procuratorate Administrative Procuratorial Business Competition held in 2021, after fierce competition in four links: legal document production, comprehensive knowledge assessment, mock hearing, and mock court appearance, Zhou Qiang won the title of pacesetter in the first Guangdong Provincial Procuratorate Administrative Procuratorial Business Competition with excellent results, and he became the only player in the Shenzhen Procuratorate to win this honor. In April 2023, in the first National Procuratorate Administrative Procuratorial Business Competition, Zhou Qiang represented the Guangdong Procuratorate to participate in the competition, and stood out from nearly 100 elite players from all over the country and won the title of National Procuratorate Administrative Procuratorial Business Model.
Be able to perform their duties and do everything possible to solve people's worries
When carrying out the special work of administrative litigation supervision, Zhou Qiang conscientiously implemented the concept of active justice and precise supervision. "Administrative litigation supervision cases have basically gone through multiple procedures such as the first instance, the second instance and the retrial, and some administrative disputes last for as long as five or ten years. Zhou Qiang said.
In February 2022, Zhou Qiang participated in the "Case for Training" activity organized by the Seventh Procuratorate Department of the Guangdong Provincial Procuratorate. Soon after, the ministry received an application for supervision of a dispute over the determination of work-related injuries.
The case materials show that the supervising applicant Li was injured at work on January 9, 2008, and was identified as a work-related injury on February 22, 2008, and on December 3, 2008, the Labor Ability Appraisal Committee of a certain city issued the "Labor Ability Appraisal Conclusion", confirming that his disability level of the work-related accident was level 9. Mr. Li resigned from his original employer on September 3, 2009, and received a one-time disability subsidy and a one-time medical subsidy for work-related injuries issued by his former employer on the same day, and terminated the labor relationship with his original employer, ending the work-related injury insurance liability relationship.
In April 2020, on the grounds that his injuries were aggravated, Li entrusted his wife to submit an appraisal application to a municipal labor ability appraisal committee, requesting the municipal labor ability appraisal committee to conduct a "work-related injury recurrence appraisal" and a "work-related injury labor ability review appraisal". Because the work-related injury insurance relationship between Li and the original unit has ended and no longer meets the application conditions, the labor ability appraisal committee of a certain city did not organize an on-site appraisal for him in accordance with the regulations. Dissatisfied, Li successively applied for administrative reconsideration and filed an administrative lawsuit, but the reconsideration organ and the court both rejected his application for administrative reconsideration and ruled to dismiss his lawsuit on the grounds that "the acts made by the Labor Ability Appraisal Committee are not administrative acts".
After accepting the case, Zhou Qiang assisted the presiding prosecutor in conducting a detailed review, and after determining that the effective judgment of the court was not improper, he made an appointment to meet Li's wife to understand the situation.
"There are old and young people in the family, and Li has always been the breadwinner of the family. Since the last accident, not only has his health deteriorated, but he has also lost his ability to work. Zhou Qiang learned that since the accident occurred, Li did not recover as scheduled, his medical expenses, child support and maintenance of the elderly and other expenses all rely on his wife to work outside the home to support, life is unsustainable, in desperation, he can only let his wife apply for the identification of recurrence of work-related injury, hoping to regain work-related injury insurance benefits.
"After understanding the causes and consequences, I deeply feel that although the legal issues of this case are simple, simply not supporting the application for supervision to close the case is not the best solution. As the country's legal supervision organs, we have the duty and obligation to actively integrate into social governance, take a few more steps forward, and do our best to resolve administrative disputes. Zhou Qiang said.
In order to properly resolve the administrative dispute in this case, Zhou Qiang reported to the presiding prosecutor on the application of law in this case and the idea of resolving the dispute, and after receiving the full affirmation of the presiding procurator, he assisted in sending a letter to the procuratorate where Li was located to request assistance in investigating Li's family economic situation and jointly carrying out judicial assistance. The local procuratorate visited Li's original unit, verified the relevant situation, and reported the case to the provincial procuratorate.
At the same time, Zhou Qiang and the presiding prosecutor met with Li's wife Wei again, and fully explained the law and reasoning on the results of administrative reconsideration and administrative adjudication and their basis.
In the end, due to various reasons, Wei decided not to stop the lawsuit and insisted on requesting the appraisal of the recurrence of the work-related injury and the review and appraisal of the work-related injury working capacity, but expressed his recognition and gratitude to the procuratorate for its efforts.
"Although this case did not achieve a substantive resolution of the dispute, I believe that all the efforts will not be in vain, and continue to release judicial goodwill and warmth, at least to gain the understanding and trust of the applicant, I believe it is also worthwhile." Zhou Qiang firmly believes that every case contains the people's expectations for a better life, and he must not only be the guardian of fairness and justice, but also the transmitter of procuratorial temperature.
Precise supervision, peeling off the cocoon to promote public trust
In June 2021, after the Central Committee of the Communist Party of China issued the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era", the Shenzhen procuratorate, which is at the forefront of reform and opening up, carried out special supervision of administrative violations throughout the city.
Zhou Qiang led his colleagues in the department to think about how to open up the work situation as soon as possible. At this time, a seemingly simple administrative non-litigation enforcement supervision case entered Zhou Qiang's business system.
Huang Mouming signed a tour charter agreement with a travel agency in Shenzhen in the name of a passenger transport company to provide passenger transportation services for the latter. On November 8, 2018, due to a vehicle breakdown, Huang Mouming asked Chen Mouwei to drive a passenger car to help transport passengers and pay 850 yuan. At about 10 o'clock on the same day, Chen Mouwei was seized by the transportation department because he did not obtain a road passenger transport business license. In order to avoid punishment, Chen Mouwei discussed with Huang Mouming and Chen Mougao, and asked Chen Mougao to make a false statement to the transportation department, and Chen Mougao accepted the administrative punishment on his behalf.
On July 23, 2019, the transportation department determined that Chen Mougao had "engaged in the illegal act of engaging in road passenger transport operations without obtaining a road passenger transport business license" and decided to impose an administrative penalty of a fine of 30,000 yuan.
"When I got this case at that time, there was nothing wrong with the facts of the case at first glance, but based on the sensitivity of my profession, I found that there were many doubts about the facts determined by the administrative organs. Zhou Qiang said.
Zhou Qiang carefully examined the file materials and found that there were problems with the "three natures" of the evidence: Chen Mouwei, the driver of the vehicle involved in the case, obviously evaded the investigation and made false statements when he was investigated by the traffic department, and the authenticity of his statement was doubtful; the key evidence for determining that Chen Mougao had violated the law - the payment record of 850 yuan was not retrieved.
In order to further clarify the facts of the case, unify the understanding of the collection of evidence and the determination of facts in administrative law enforcement, and ensure that the procuratorial supervision is accurate and effective, Zhou Qiang made full use of the investigation and verification power of the procuratorate to learn about the administrative punishment involved in the case and the compulsory enforcement of the application to the court from the law enforcement personnel of the transportation department. On this basis, he invited the transportation department to jointly negotiate and discuss the case at the first time, and after forming a consensus, he issued a procuratorial recommendation to the transportation department, suggesting that the case be dealt with in accordance with the law after in-depth investigation and verification.
The transportation department adopted the procuratorial suggestions in accordance with the law, immediately launched supplementary investigation procedures, verified that the offender was Chen Mouwei, revoked the original administrative punishment decision and made a new administrative punishment decision in accordance with the law, and effectively maintained the credibility of law enforcement and justice. This case was later rated as a typical case of supervision of administrative violations by the Guangdong Provincial Procuratorate.
"Through the handling of this case, I have profoundly realized that in order for procurators to exercise the function of legal supervision, they must first ensure that supervision is accurate. Zhou Qiang said.
In addition, Zhou Qiang's administrative non-litigation enforcement procuratorial supervision case handled by a bureau was also included and published in the "Administrative Procuratorial Work" of the Seventh Procuratorate of the Supreme People's Procuratorate.
"Achievements and honors are just a summary of the past, and only by moving forward can we look forward to the future. How to show infinite possibilities in the limited future is the direction you should strive for. Zhou Qiang said. He firmly believes that if he continues to handle every case with high quality and efficiency, and gathers bits and pieces, he will be able to embrace the sea of stars.