Capable short hair, kind smile is her standard, dedication, happiness, precision is her requirements for work, "close to the people", "efficient" and "role model" is the evaluation of her colleagues, she is the deputy director of the Administrative Procuratorate Department of Zhuhai City, Guangdong Province, a prosecutor Zhang Ling.
In the past 14 years of procuratorial work, especially in the five years of administrative procuratorial work, Zhang Ling has forged ahead, handled every case with high quality and efficiency with an attitude of excellence, and handed over an excellent answer sheet: one of the cases handled was selected as a guiding case of the Supreme People's Procuratorate, one was selected as a typical case of the Supreme People's Procuratorate, and two were selected as a typical case of Guangdong Province. She has also won the honors of "National Model Prosecutor", "Business Model" of the first National Procuratorial Procuratorial Business Competition, and "Guangdong Provincial Procuratorial Business Leader".
Exploration: Do a little more and do a little deeper in the case
In 2023, a social governance case involving housing and construction jointly handled by Zhang Ling and four procurators from grassroots procuratorates was selected as the 42nd batch of guiding cases of the Supreme People's Procuratorate. After the case was released, the entire case-handling team cheered, which was not only a recognition of the quality and efficiency of their team's case-handling, but also made them feel that the administrative procuratorate not only had the ardent enthusiasm to walk with the people, but also had the rigidity of precise supervision. Zhang Ling did not "rest" because of this recognition, but continued to think about how to implement the concept of high quality and efficiency into the handling of each case.
Prosecutor Zhang Ling and experts in the construction field jointly investigated and verified a housing dispute case.
With this thinking, combined with the special action of "procuratorial protection of enterprises" deployed by the Supreme People's Procuratorate, Zhang Ling found a new entry point for the reverse connection of executions.
At the beginning of this year, the case-handling team led by Zhang Ling accepted a series of cases of collusion in bidding by enterprises. The enterprises involved in this batch of cases have all passed the criminal compliance rectification, and although they have been exempted from criminal punishment, their collusive bidding violations of relevant administrative regulations and need to be transferred to the housing and urban-rural development department for administrative punishment. After careful examination, Zhang Ling found that although the level of standardization of the bidding market has been continuously improved in recent years, with the continuous expansion of the scope of bidding and procurement, illegal behaviors such as collusion and bidding still occur from time to time, seriously undermining the order of market competition. Through in-depth discussions with experts from the housing and construction department, Zhang Ling learned that the phenomenon of collusive bidding in the field of construction projects is a stubborn disease, and in order to eradicate this phenomenon from the root, it is still not enough to have institutional guarantees, but also need enterprises to form a compliance culture of law-abiding operation.
How to guide construction enterprises to consciously standardize management and law-abiding operation, and prevent the recurrence of collusive bidding in the field of construction projects? Zhang Ling envisioned a solution - to establish a unified enterprise administrative compliance mechanism with the housing and construction department, which not only urges the enterprises involved in the case to plug the management loopholes, but also guides the enterprises not involved in the case to improve the compliance management regulations on the basis of implementing the unified compliance standards of the industry, so as to prevent and reduce the illegal and criminal activities of enterprises from the source. After learning more about the content and process of compliance of the enterprises involved in the case, Zhang Ling visited the Construction Industry Association and the Construction Engineering Bidding and Bidding Association to understand the needs and directions of construction enterprises to carry out administrative compliance, and held several symposiums with the housing and urban-rural development department to fully listen to the opinions and suggestions of the administrative authorities on the results of compliance rectification, and reached a consensus on exploring and carrying out the construction of administrative compliance of enterprises.
After full deliberation in the early stage, on May 8 this year, the Zhuhai Municipal Procuratorate, together with the Zhuhai Municipal Bureau of Housing and Urban-Rural Development, the Zhuhai Construction Industry Association, and the Zhuhai Construction Engineering Bidding and Bidding Association, formulated and issued the first "Implementation Plan for the Pilot Work of Industry Compliance Construction in the Field of Construction Project Bidding" in Guangdong Province, which clarified the dual system of "non-prosecution decision + administrative lenient punishment" to maximize the compliance effect of enterprises and promote the extension of enterprises from crime prevention to prevention of administrative violations. The service guarantees the healthy development and growth of private enterprises in the field of construction engineering.
"At present, we have completed the finalization of the Guidelines for the Construction of Administrative Compliance in the Field of Construction Project Bidding for Construction Enterprises in Zhuhai (Trial), and the biggest innovation is that it has defined 'administrative compliance' for the first time in a special field." Zhang Ling said. Doing more and more deeply in handling cases, and doing our best to solve more problems that the people are concerned about, is the source of motivation for Zhang Ling to continuously improve the quality and efficiency of case handling.
Tackle: crack the case of migrant workers' wage bargaining
It is difficult to apply for non-litigation enforcement
In 2020, the Supreme People's Procuratorate carried out special work on the substantive resolution of administrative disputes across the country. Zhang Ling found a strange phenomenon in the performance of her duties: on the one hand, migrant workers were in arrears of wages and could not get paid; On the other hand, the number of administrative non-litigation enforcement cases involving migrant workers' wage arrears has been zero for more than a decade. Why haven't quicker administrative remedies been used for non-payment of wages to migrant workers? Is it the court's problem or the human resources and social security department's negligence in performing its duties? With questions, Zhang Ling consulted various legal and policy documents, researched literature in the field of salary, and visited the labor inspection detachment of the Human Resources and Social Security Bureau and other functional departments many times to conduct extensive investigation and verification.
After investigation, Zhang Ling found that the human resources and social security department had previously applied to the court for compulsory enforcement after making a decision to order the employer to pay wages, but the court made a ruling not to grant compulsory enforcement. In the following ten years, when handling cases of non-payment of wages by employers, the human resources and social security departments either transferred the clues to the public security organs for handling, or guided the workers to apply for arbitration and litigation on their own, and no longer made a decision to order the employer to pay wages in accordance with the law and applied to the court for compulsory enforcement.
This kind of treatment has led to the long process of arbitration and litigation for migrant workers to ask for wages. In accordance with the relevant provisions of the Administrative Litigation Law, the Regulations on Guaranteeing the Payment of Wages to Migrant Workers, and the Regulations on the Payment of Wages of Guangdong Province, the human resources and social security department, as the administrative department in charge of organizing and implementing labor security supervision and coordinating the work of protecting workers' rights, has a legal basis for making an administrative decision on the employer's wage arrears and applying to the court for compulsory enforcement. Zhang Ling said.
"The past rulings of the supervisory courts have lacked pertinence and timeliness, and it is urgent to 'activate' the remedies and improve the efficiency of migrant workers in recovering unpaid wages, so that they can get the wages they deserve faster." Zhang Ling believes that now that the Jinwan District People's Court has centralized jurisdiction over administrative cases in Zhuhai, we can start from the focus of "unblocking the channels for the human resources and social security departments to apply to the court for compulsory enforcement of administrative handling decisions".
Therefore, Zhang Ling and the members of the case-handling team had an in-depth discussion with the court's enforcement judge on how the human resources and social security department applied for compulsory enforcement, and at the same time formulated and issued procuratorial suggestions to the human resources and social security department from the perspective of social governance. After receiving the procuratorial suggestion, the human resources and social security department quickly rectified the situation and standardized the handling of cases of failure to pay labor remuneration in full in accordance with the law throughout the city. Since then, the problem of difficulty in applying for non-litigation enforcement in the human resources and social security department for more than ten years has been solved. The case was selected by the Supreme People's Procuratorate as a series of typical cases of "procuratorial work for the people" - administrative procuratorate and the people.
Growth: From "Xiaobai" to "Pacesetter"
Finely carved square for the instrument, thousands of tempers into steel. Zhang Ling's outstanding achievements are closely related to her experience in the administrative procuratorial department in recent years.
In 2019, Zhang Ling was transferred to work in the civil and administrative procuratorial department, and in the face of new fields and new businesses, a sense of panic surged over her, but she was not defeated by anxiety. In the following period of time, Zhang Ling studied diligently, thought well, humbly sought advice, and quickly absorbed knowledge nutrients like a sponge. "Only by mastering more knowledge can we have enough confidence to supervise in handling cases!" Zhang Ling's unyielding energy in her bones, as well as the experience of "crawling and rolling" into the case file in a few years, made her quickly grow from a new recruit in the department to a business backbone.
In order to test her professional ability, after learning that the Supreme People's Procuratorate would hold the first national procuratorial administrative procuratorial business competition, Zhang Ling did not hesitate to sign up to participate. "On weekdays, I am immersed in handling cases, and what level my business level is in the province or even the whole country can only be tested in an all-round way through large-scale events." Zhang Ling said.
Although the competition process was tortuous, thanks to the solid basic skills, rich case-handling practice and hard work during the preparation period, Zhang Ling won the title of "Business Model" in the first National Procuratorate Administrative Procuratorial Business Competition.
Through case handling and competition, practice and theoretical tempering, Zhang Ling has become more refined in her professional ability, and has realized a gorgeous transformation from a "novice" to a "pacesetter". In addition to handling cases, Zhang Ling also actively participates in the research of procuratorial theory, she has participated in more than 10 research projects, and has written 8 research papers, one of which has been included in the "China Administrative Procuratorial Development Report (2022)", and many papers have won awards.
There is a long way to go, and the wind is right and the tide is smooth and sailing. Next, Zhang Ling will still uphold the original intention of the inspection and continue to explore and move forward on the road of serving the people.
(Source: Procuratorate Daily, · News Edition)