“One case is worth a dozen documents”! The Supreme People's Court issued 5 typical cases of elevating jurisdiction

Elevated jurisdiction is a jurisdiction system clearly stipulated in my country's three major litigation laws. It is an important starting point for superior people's courts to supervise and guide the trial work of lower people's courts. It is important for strengthening the construction of trial-level restriction and supervision systems, promoting the optimization of judicial resource allocation, and promoting the correct unification of laws. It is of great significance to apply, enhance judicial credibility and authority, and implement deep litigation source governance. In 2019, the "Implementation Opinions on Comprehensively Deepening Reforms in the Political and Legal Fields" issued by the General Office of the Central Committee of the Communist Party of China proposed to "improve and improve the case transfer jurisdiction and escalation trial mechanism, and explore the transfer of cases that have guiding significance for the application of law and are related to social and public interests to more competent authorities." High Court Trial." The Supreme People's Court actively implemented the central government's reform decisions and arrangements, optimized and improved the case escalation jurisdiction system, formulated and promulgated the "Guiding Opinions on Strengthening and Standardizing Case Elevation Jurisdiction and Retrial and Retrial Work", and promoted the promotion of cases involving major interests and universal legal application guidance. New types of first-instance cases that are significant, have major differences in legal application, may involve improper interference, and are difficult and complex will be heard by the higher and intermediate people's courts, giving full play to the higher-level courts' high political standing, accurate grasp of policies, strong coordination, and ability to resist interference. With the advantages of strong judicial effectiveness and wide radiation, it can effectively resolve legal differences, eliminate external interference, promote the management of litigation sources, and promote the realization of "upgrading one thing and guiding another".

General Secretary Xi Jinping emphasized that “one case is worth a dozen documents.” In order to give full play to the exemplary guidance, normative guidance and value-oriented role of typical cases, promote the further accurate application of the elevated jurisdiction system by the people's courts at all levels, and promote the full transformation and application of the adjudication rules for elevated jurisdiction cases, 5 typical cases of elevated jurisdiction are hereby announced. The five cases mainly have the following characteristics:

The first is to promote the management of complaint sources by elevating jurisdiction. By elevating jurisdiction over typical cases in areas where disputes are frequent and prone to occur, and having higher-level courts make high-quality, authoritative, and exemplary judgments, parties can be guided to make rational choices and promote the systematic resolution of batch disputes. For example, Case 1, "Shen Mou v. Education and Training School Co., Ltd. in Wanzhou District, Chongqing City, Education and Training Contract Dispute Case" clarifies the validity of the education contract when the training institution "stops operations, loses contact with personnel, and closes the matter" problems, and more than 70 related series of cases were solved steadily and efficiently.

The second is to clarify the adjudication rules for new types of cases by elevating jurisdiction. For cases that have the first-case effect within their jurisdiction, such as the fields and legal relationships involved, the jurisdiction will be upgraded to a higher level and the adjudication rules will be clarified to provide guidance for the lower-level people's courts to fairly try new, difficult, and complex cases in accordance with the law. For example, Case 2 "Nanchang Fire Rescue Detachment v. Nanchang Human Resources and Social Security Bureau Work-related Injury Insurance Qualification Dispute", this case involves the rights relief of firefighters injured on the job during the transition period of the transformation of the public security fire brigade, and is a new type of case. After the case was elevated to jurisdiction, we promoted and improved the system for ensuring the remuneration of firefighters of the comprehensive fire rescue team in the jurisdiction who were disabled due to war, and clarified the relevant referee rules to provide clear guidance for the subsequent proper resolution of similar disputes. Case 4, "Administrative Penalty Dispute Case between a Jiangxi Metal Co., Ltd. v. Yichun Municipal Ecological Environment Bureau" clarified the specific standards and conditions for the application of "no penalty for the first violation", which is applicable to both the implementation of administrative penalties by administrative agencies and the trial of similar cases by the courts in the jurisdiction. Guiding significance.

The third is to unify the adjudication standards for similar cases by elevating jurisdiction. Give full play to the advantages of higher-level courts, lead by judicial demonstrations, effectively promote the resolution of differences in legal application, clarify dispute handling rules, and unify case judgment standards. For example, Case 3, "Zhang v. Qin, Donation Contract Dispute Case," unified the jurisdictional courts' adjudication standards for cases involving gift contracts for retaining housing rights, and formed effective guidance and important reference for lower courts in handling similar cases. Case 5, "Residents Committee of a Community in Zhongxing Town, Youxian District, Mianyang City, v. Jiang Moumou, Labor Dispute Case" resolved the jurisdictional court's decision on whether grassroots mass autonomous organizations such as residents' committees and villagers' committees are employers under the labor law. The application of differences clarifies the adjudication rules for similar cases.

In the next step, the Supreme People's Court will supervise and guide courts at all levels to fully understand the institutional significance and functional advantages of upgraded jurisdiction, accurately grasp the applicable conditions for upgraded jurisdiction, strictly implement the work requirements for applying upgraded jurisdiction, and do a good job in refining the adjudication rules. Transformation, effectively improve the application and operational efficiency of the system, give full play to the demonstration, guidance, standardization and guidance functions of typical judgments of higher-level courts, promote the organic unity of political effects, social effects and legal effects, and better utilize the people's courts in service guarantee It plays a functional role in high-quality development, effectively safeguarding the legitimate rights and interests of the people, and promoting and improving national and social governance.

Case 1: Shen Moumou v. Education and Training School Co., Ltd., Luo Moumou, Li Moumou and others in Wanzhou District, Chongqing City, education and training contract dispute case

——Promote efficient resolution of series of disputes with exemplary judgments

[Basic Case Facts] Luo Moumou and Li Moumou, as promoters, successively established Education and Training School Co., Ltd. in Jiulongpo District, Jiangbei District, Yubei District, and Wanzhou District of Chongqing City. Both of them hold 99% of the shares in the four companies. , 1%, mainly engaged in extracurricular tutoring related businesses. On July 26, 2020 and May 29, 2021, Shen's legal agent Xiao Moumou and an education and training school Co., Ltd. in Wanzhou District, Chongqing signed two "Entrusted Education Tutoring Agreements", stipulating that a certain person in Wanzhou The education and training company provided extracurricular tutoring services to Shen, and Xiao paid a total of 198,000 yuan in training fees. In July 2021, the country introduced the "double reduction" policy to further improve the quality of school education and teaching and service levels, and standardize training in off-campus training institutions. In September 2021, due to a sharp decline in extracurricular tutoring enrollment and long-term irregular operations, the four companies were unable to pay rent, employee wages, etc., resulting in the inability to continue to provide extracurricular tutoring services. After the agreement was signed, an education and training company in Wanzhou only provided Shen with 7.5 hours of extracurricular tutoring. On September 9, 2021, Xiao Moumou submitted a "Refund Application Form" to an education and training company in Wanzhou, applying for a refund of the extracurricular tutoring fees for the remaining class hours. On September 26, 2021, an education and training company in Wanzhou issued a "Situation Statement" stating that the total remaining amount was 196,537.50 yuan, and none of this fee was refunded. On January 7, 2022, Shen Moumou filed a lawsuit with the People's Court of Wanzhou District, Chongqing City, requesting the court to terminate the "Entrusted Education Tutoring Agreement" signed by Shen Moumou and an education and training company in Wanzhou, and the Wanzhou education and training company refunded the extracurricular tutoring fees. And pay interest on overdue refunds, and Luo Moumou, Li Moumou and others bear joint liability for repayment.

[Upgraded Jurisdiction] As of January 24, 2022, the People's Court of Wanzhou District, Chongqing City has accepted 72 cases related to education and training contract disputes from an education and training company in Wanzhou. The total bid involved is 2,507,654 yuan. There are also Jiulongpo District, Chongqing City, The People's Courts of Yubei District, Jiangbei District and other districts have accepted many similar cases. The Chongqing Wanzhou District People's Court believed that this series of cases involved the determination of the validity of contracts under the implementation of the "double reduction" policy, the mixing of corporate personalities and other legal application issues. It was a new type of case with difficult and complex circumstances, and involved the determination of adjudication standards for similar cases, so it started from Among the series of cases, Shen's case was selected as a model case and submitted for promotion to a higher level for trial, and the remaining 71 cases were included in parallel cases for standardized management. On February 11, 2022, the Chongqing Second Intermediate People's Court ruled that Shen's case should be upgraded to a higher level for trial and designated the case as a model case for public trial.

[Judgment Result] The Chongqing Second Intermediate People’s Court held after trial that the educational tutoring agreement signed by Shen Moumou and an education and training company in Wanzhou District did not violate the prohibitive provisions of laws and administrative regulations and was legal and valid. After signing the agreement, Shen paid the extracurricular tutoring fees on time and in full as agreed, but an education and training company in Wanzhou District failed to provide corresponding extracurricular tutoring services as agreed, which constituted a fundamental breach of contract. At the same time, during the company's operation, Luo and Li, as shareholders of the company, collected a large amount of extracurricular tutoring fees in their personal accounts, and the revenue was not included in the company's public accounts. As a result, the company's property and the shareholder's property were indistinguishable, and the company and shareholders' personalities were confused. Seriously harm the interests of the company's creditors. Therefore, the court ordered an education and training company in Wanzhou District to refund extracurricular tutoring fees and bear losses from capital occupation. Luo and Li were jointly and severally liable for the company's debts. After the first instance verdict, Luo and Li were dissatisfied and filed an appeal. After hearing the case, the Chongqing Higher People's Court held that the facts of the first-instance judgment were clearly established and the law was correctly applied, so it rejected the appeal and upheld the original judgment.

[Typical Significance] In recent years, with the orderly implementation of the "double reduction" policy, the management of off-campus education and training has continued to strengthen, and disputes involving the education and training of minors have occurred frequently, becoming a "small case" that has attracted widespread public attention. In the context of strict management of subject-based training and increased management of off-campus education and training institutions, how to deal with conflicts and disputes caused by the reduction and closure of off-campus training institutions requires judicial adjudication to make standardized and unified responses and give full play to the determination of points. The function of stopping disputes and proactive governance. This case was heard at an elevated level. The three-level courts used the elevated jurisdiction system and the model judgment mechanism in conjunction with each other, and promptly clarified the adjudication rules for disputes involving off-campus education and training contracts for minors. After the model judgment in this case came into effect, the Chongqing Wanzhou District People's Court successfully mediated 71 parallel cases accepted by the court within five days, providing a rule reference for resolving a large number of similar cases and pre-litigation disputes, and effectively preventing inconsistent adjudication standards and constant potential disputes. problems and produce good policy guidance effects, legal application effects and social governance effects.

Case 2: Nanchang Fire Rescue Detachment v. Nanchang Human Resources and Social Security Bureau Work-related Injury Insurance Qualification Dispute

[Basic Case Facts] On April 9, 2021, Cheng Mouguang accidentally fell from the fourth floor window sill to the first floor during the vertical laying of water hose training organized by the Jiangxi Provincial Fire Corps Training and Service Support Detachment, causing accidental injuries. Cheng Mouguang believed that the injuries he suffered in the accident were work-related injuries and that the employer, Nanchang Fire Rescue Detachment, should bear the responsibility for work-related injuries, so he applied to the Nanchang Municipal Human Resources and Social Security Bureau for work-related injury recognition. On March 14, 2022, the Nanchang Municipal Human Resources and Social Security Bureau issued the Hongren Society Work Injury Literation [2022] No. 198 Work Injury Determination Decision, confirming that the accident injuries involved in the case complied with Article 14 of the Work Injury Insurance Regulations The circumstances specified in Paragraph 1 shall be deemed to be a work-related injury. The Nanchang Fire Rescue Detachment believes that Cheng Mouguang joined the army in 2017 and served in active service in the Nanchang Fire Detachment of the Armed Police. In 2018, due to the restructuring of the public security fire brigade, he was directly converted into a national comprehensive fire rescue team firefighter. In October 2018, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Framework Plan for Establishing a National Comprehensive Fire Rescue Team", which made preliminary provisions on the recruitment, training, remuneration and other guarantees of firefighters. Therefore, the detachment and firefighters The rights and obligations between them do not fall into the same category as the rights and obligations under the Labor Contract Law. When the policy is not clear, if firefighters are injured during the transition period, the "Disability Pensions Management Measures" rather than the "Work-related Injury Insurance Regulations" shall apply. The detachment can first report to the Fire and Rescue Bureau of the Ministry of Emergency Management for preliminary evaluation according to the practices before the transformation, and the evaluation will be carried out after the new policy is formulated and introduced. The detachment then filed a lawsuit with the court in September 2022, requesting to revoke the decision to determine the work-related injury involved in the case.

[Upgraded Jurisdiction] The case was initially accepted by the Nanchang Railway Transport Court. The Nanchang Railway Transport Intermediate Court held that this case involves the issue of the rights and relief of firefighters injured on the job during the transition period of the public security fire brigade. Since there are no specific local regulations on the implementation of central policies, in practice there is controversy over whether firefighters injured on the job during the transition period should be considered work-related injuries. , causing the protection of the rights of special groups such as firefighters who were injured on the job during the transition period to be hindered, which may lead to group disputes. Considering that the situation in this case is a new type within the jurisdiction and there are disputes over the application of the law, the Nanchang Railway Transport Intermediate Court decided to upgrade the case to jurisdiction upon application.

[Judgment Result] The Nanchang Railway Transport Intermediate Court reviewed and found that the focus of the dispute in this case was how to provide rights relief to firefighters who were injured on the job during the transition period of the public security fire brigade's transformation. According to the provisions of the central government documents, firefighters are converted from active military personnel, and the management of disability pensions for those who become disabled due to war and duty shall be implemented with reference to the relevant regulations for retired active-duty disabled military personnel. However, the specific implementation has not been clarified, which makes it difficult to assess the disability level of firefighters. . Because the disability assessment failed to be implemented, Cheng Mouguang applied for work-related injury recognition to seek rights relief. However, there is controversy in practice as to whether firefighters injured on the job during the transition period should be considered work-related injuries: some believe that firefighters who retire from active service should participate in local employee work-related injury insurance, and if a work-related accident occurs, the human resources and social security department will determine the work-related injury; some think , this type of personnel is relatively special. Those who are injured on the job before the policy is clarified do not fall within the scope of adjustment of the "Work-related Injury Insurance Regulations". During the trial, the court based on policy considerations and from the perspective of protecting the rights and interests of firefighters, actively coordinated with the Provincial Department of Human Resources and Social Security, the Fire Brigade, the Department of Veterans Affairs and other departments to convene a joint meeting of the government and the academy to study and analyze the policy, and coordinate its advance payment to Cheng Mouguang For part of the expenses, the two parties reached an agreement on the implementation of the treatment, the fire brigade withdrew the lawsuit, and the dispute was substantively resolved; at the same time, the court reported the difficulties in policy implementation to the relevant higher-level departments, which attracted the attention of all parties to the issue of ensuring the treatment of firefighters injured on the job during the transition period.

[Typical significance] The establishment of a national comprehensive fire rescue team is a strategic decision made by the Party Central Committee to adapt to the modernization of the national governance system and governance capabilities. In October 2018, the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council issued the "Framework Plan for Establishing a National Comprehensive Fire Rescue Team", which clarified that fire rescue personnel should be converted from active military personnel, and a separate special establishment of firefighters should be established. However, local policies have not yet been clarified on the issue of compensation for firefighters injured on the job during the transitional period, which triggered controversy in the case. Since it involves the protection of the rights of special personnel such as firefighters during the transition period, and the relevant administrative departments have different views on policy implementation, substantive resolution is the best way to resolve the dispute. Taking into account the special nature of the profession of firefighters, the risk of injury and disability is relatively high. After investigation, there are more than 20 people who were injured and disabled in the line of duty after the transformation of the original armed police fire fighters in the province, but have not yet implemented relevant welfare guarantees. As time goes by, As time goes by, the number of such personnel may increase. The court actively coordinates with firefighters and their units to dispel their unit's concerns about the implementation of the policy and advance part of the expenses, fully guaranteeing that firefighters enjoy wages, medical care and other benefits, and solving their worries. , to prevent "one case being closed and multiple cases being caused" and to avoid adverse effects on the overall combat effectiveness and stability of the firefighting team. In addition, in view of the situation that the policies are not fully implemented, the mechanisms of various departments are not smoothly connected, and the benefits of many firefighters have not been implemented, we actively provide suggestions and suggestions to the Provincial Department of Human Resources and Social Security, the Fire Brigade, the Department of Veterans Affairs and other departments, and strive to promote Improvement of the remuneration protection system for firefighters of the comprehensive fire rescue team who become disabled due to war and duty. On October 9, 2023, the "Opinions on Comprehensively Promoting the Construction and Development of Full-time Local Government Teams" jointly issued by the Ministry of Emergency Management and other 13 ministries and commissions stipulates that if full-time local government firefighters are injured, disabled, or die on the job, they should be treated in accordance with The "Regulations on Work-related Injury Insurance" conduct work-related injury identification, labor ability appraisal, and implement work-related injury insurance benefits. The People's Court's research and judgment on injury policies for injured firefighters and mediation ideas and directions provide empirical reference for the promulgation of relevant regulations.

Case 3: Zhang v. Qin, gift contract dispute case

[Basic facts of the case] Qin is the daughter of Zhang and her ex-husband. A house in Fangshan District, Beijing is registered under Zhang’s name. In February 2021, Zhang and Qin signed a "Letter of Commitment", which stated: "The mother Zhang voluntarily gave the house involved in the case under her name to her daughter Qin as a free gift, but she will keep it here during her lifetime. The right to live permanently in the donated house. The recipient's daughter Qin solemnly promises that after accepting the gift, she will assume the obligation to support and treat her mother Zhang in life, old age, illness and death, and Zhang will live in this house permanently..." Zhang and Qin both signed and stamped as the committed parties. In March 2021, Zhang and Qin signed a "Donation Contract", agreeing that Zhang would donate the house involved in the case to Qin, and on the same day, he would transfer the house involved in the case to Qin's name without registering the right of residence. In May 2021, Qin signed a house sales contract with Zhu, a person outside the case, and agreed to sell the house involved in the case to Zhu. Later, due to the property rights dispute involved in this case, the house involved was sealed by the court for preservation, and the online signing and subsequent real estate transfer registration procedures were unable to be processed. Zhu then sued Qin in the court to terminate the contract over a dispute over the house sales contract. The court ruled to terminate the contract, and Qin The judgment has come into effect to return Zhu’s deposit, pay Zhu’s liquidated damages and loss of intermediary service fees. Zhang claimed that this case was a gift with attached obligations, and Qin needed to fulfill his support obligations and protect Zhang’s permanent residence rights in the house involved in the case. Qin failed to fulfill his support obligations to Zhang and sold the house involved in the case, so he sued the court. It was requested that the gift of the house involved in the case be revoked, and Qin returned the house involved in the case to Zhang and cooperated with the registration procedures for the change of ownership.

[Upgraded Jurisdiction] The case was initially accepted by the People's Court of Fangshan District, Beijing. During the trial, the court found through searches that courts across the country and grassroots courts within Beijing's jurisdiction had changed or canceled the gift contract with obligations when handling similar cases. The relevant legal provisions are inconsistently understood and there are different judgment standards. The Beijing Fangshan District People's Court believes that as the population ages, pension disputes are gradually increasing. Unifying the adjudication standards for such cases will help promote the effective resolution of disputes involving housing transfer and entrustment, and it is necessary to upgrade them to higher levels of the People's Court. jurisdiction, so the case was submitted to the Beijing No. 2 Intermediate People’s Court for a higher level of jurisdiction. After review, the Beijing No. 2 Intermediate People's Court held that the case met the relevant regulations for elevated jurisdiction, and ruled on March 29, 2023 that the case should be heard at an elevated level.

[Judgment Result] After hearing, the Beijing Second Intermediate People's Court held that there are two points of dispute in this case: First, how to determine the relationship between the "Letter of Commitment" and the "Donation Contract" involved in the case? Second, does Zhang’s claim to revoke the donation involved in the case have factual and legal basis? Regarding the first focus of the dispute, the "Letter of Commitment" signed by Zhang and Qin to retain their residential rights as a gift was the true expression of intention of both parties and should be legal and valid. The "Donation Contract" separately signed by Qin and Zhang is a standard contract in form. Considering the time of its signing, it should be a legal act to cooperate with the transfer of the house. This cannot be used to negate the content of the "Letter of Commitment". The true meaning and rights and obligations of the house donation involved in the case should still be subject to the agreement in the Letter of Commitment. Regarding the second focus of dispute, according to the discussion of the aforementioned focus of dispute, Zhang’s gift of the house involved in the case should be a gift with attached obligations. According to the “Letter of Commitment”, the attached obligation is that Qin will fulfill his obligation to support Zhang, and Ensure their residential rights to the house involved in the case. However, shortly after Qin accepted the gift of the house involved in the case and handled the transfer, he signed a house sales contract with a person outside the case and sold the house involved in the case, which constituted a violation of the obligations attached to the gift contract. Therefore, Zhang’s claim for revocation of the gift was factual. and legal basis should be supported. After the judgment, none of the parties filed an appeal, and the first-instance judgment became legally effective.

[Typical Significance] Under the current background of "housing for elderly care" as an important way of providing for the elderly, cases involving "house transfer and entrustment of elderly care" are constantly increasing. In particular, disputes over gift contracts where parents retain the right to live in a house for their children are the most typical. Such disputes often involve the legal application of changes and revocations of obligation-laden gift contracts. There are large differences in judicial practice. If there are no clear and unified standards, it will damage the legitimate rights and interests of the elderly and affect family harmony. The case was heard at an elevated level, and it was clearly retained that the dispute over the gift contract of the right to live in the house was the applicable legal rule for the modification and revocation of the gift contract with obligations. That is, the parties first signed a gift contract with obligations, and then signed a donation when registering the change of house ownership. contract, the content of the gift contract is the same as the donation part of the obligation-attached gift contract. If the party claims that the obligation-attached gift contract has not been changed and is still legally valid, the People's Court shall support it. The donation contract stipulates that the donor will donate the house to the donee, and the donor will continue to live in and use the house until his death. After the donee accepts the donation and handles the transfer, he signs a house sales contract with a person not involved in the case to sell the house. If the donor claims to revoke the gift, the People's Court should be supported.

After the judgment came into effect, the Beijing No. 2 Intermediate People's Court believed that the case was highly typical and had guiding significance for a large number of similar disputes within the jurisdiction of Beijing, so it submitted the case to the Beijing Higher People's Court for inclusion in the Beijing court system for reference. After careful study and discussion, the Adjudication Committee of the Beijing Higher People's Court determined that this case would be included in the 30th batch of reference cases for the Beijing Court, and announced the above-mentioned adjudication rules to all courts in the jurisdiction, unifying the jurisdictional courts' rules on cases involving gift contracts for retaining the right to live in a house. The adjudication standards form effective guidance and important reference for the city's courts in handling similar cases, and establish a clear value orientation to ensure that "the elderly have a place to live and have a source of support" in accordance with the law.

Case 4: Administrative Penalty Dispute Case between a Jiangxi Metal Co., Ltd. and Yichun Ecological Environment Bureau

[Basic Case Facts] The plaintiff, Jiangxi Metal Co., Ltd., is a company engaged in hazardous waste collection and disposal projects. When the Yichun City Ecological Environment Bureau investigated a Jiangxi Metal Co., Ltd., it was found that the Jiangxi Metal Co., Ltd. had transferred hazardous waste and failed to fill in and run the hazardous waste transfer form in accordance with relevant national regulations, so it issued an administrative penalty decision. : A certain metal company in Jiangxi was ordered to immediately correct its illegal behavior and was fined 800,000 yuan. A metal company in Jiangxi Province believes that the waste lead-acid battery transfer system in Jiangxi Province is a new management model that is still in the trial stage and is not rigorous enough in terms of technical connection. The lack of transfer documents is due to the waste lead-acid battery transfer system in Jiangxi Province The battery module was shut down, resulting in the inability to fill in the transfer form, and there was no illegal intention. At the same time, according to Article 33 of the Administrative Penalty Law: “If the violation is committed for the first time and the harmful consequences are minor and corrected in a timely manner, administrative penalties may not be imposed.” And according to the third paragraph of Article 29 of the "Measures for the Management of Hazardous Waste Transfer" jointly issued by the Ministry of Ecology and Environment, the Ministry of Public Security, and the Ministry of Transport and implemented on January 1, 2022: "Violation of the provisions of these Measures, "Anyone who fails to fill in and run the hazardous waste transfer form in a standardized manner and correct it in a timely manner without causing any harmful consequences will not be subject to administrative penalties in accordance with the law." Therefore, a Jiangxi Metal Co., Ltd. believed that it was a first-time violation and that active corrections did not cause actual harmful consequences. For the normal operation of the enterprise, the court is requested to revoke the penalty decision.

[Upgraded Jurisdiction] The case was initially accepted by the People's Court of Shanggao County, Jiangxi Province. The Intermediate People's Court of Yichun City, Jiangxi Province believes that this case involves the understanding and application of "no penalty for the first offense" stipulated in Article 33 of the Administrative Penalty Law. Similar disputes widely exist in the law enforcement of courts and administrative agencies in the jurisdiction, but in practice, " There are different opinions on the understanding and application of "no punishment for the first offender", which leads to inconsistent enforcement by administrative agencies and different penalties for similar cases, which is easy to cause disputes and also affects the construction of a law-based government. At the same time, Jiangxi Province’s pilot project for the centralized collection and inter-regional transfer system of waste lead-acid batteries is a case involving major social and public interests. The handling of this case has a correct understanding and application of the new system pilot project and the “no penalty for first offender” system. Significance. Therefore, on May 27, 2022, the Intermediate People's Court of Yichun City, Jiangxi Province decided to upgrade the jurisdiction of this case upon application on the grounds that the case is serious and has guiding significance for universal legal application.

[Judgment Result] The Intermediate People's Court of Yichun City, Jiangxi Province held during the case hearing that, in accordance with the provisions of Article 33 of the Administrative Punishment Law, to determine whether "no punishment for first offense" can be applied to illegal acts, three conditions must be met: First offense , the harmful consequences are minor, and the illegal perpetrators make corrections in a timely manner. In this case, based on the existing evidence, it can be determined that a Jiangxi Metal Co., Ltd. violated the law for the first time. At the same time, regarding the application of "no penalty for first offense" and the issue of environmental penalty discretion, which are highly controversial between the two parties, we proactively solicited professional opinions from the environmental protection authorities of Jiangxi Province. After receiving a reply from the environmental protection authorities of Jiangxi Province, Yichun City, Jiangxi Province The Intermediate People's Court, taking into account the circumstances, nature and harmful consequences of the illegal behavior of a Jiangxi Metal Co., Ltd. as well as the principle of legal application of leniency and leniency, held that the "no punishment for the first offense" system established after the revision of the Administrative Penalty Law can be applied to this case. In order to substantively resolve the administrative dispute, the Yichun City Intermediate People's Court took the initiative to send a judicial recommendation letter to the Yichun City Ecological Environment Bureau, suggesting that it voluntarily revoke the administrative penalty imposed on a Jiangxi Metal Co., Ltd. or make a decision not to impose a penalty. After discussion and research at the meeting, the Yichun City Ecological Environment Bureau adopted the court's opinion and stated that it would re-deal with a Jiangxi Metal Co., Ltd. in accordance with the law. Therefore, a Jiangxi Metal Co., Ltd. withdrew the lawsuit. The Intermediate People's Court of Yichun City, Jiangxi Province issued an administrative ruling No. 28 on June 28, 2022, allowing a Jiangxi metal company to withdraw the lawsuit. This ruling has taken legal effect.

[Typical significance] Education should be given priority and punishment should be supplemented. This is the basic principle of administrative punishment. "No punishment for the first offender" is an important innovation in the administrative punishment law. It is based on the social purpose of creating an excellent business environment and is also based on legal interests. The consideration of equity is also a manifestation of the concept of humanistic law enforcement. In practice, there are still many problems such as unclear understanding and inaccurate grasp of the understanding and application of "no punishment for first offense". Therefore, it is very necessary to clarify the applicable conditions of "no penalty for first offense" to standardize administrative behavior and unify law enforcement. The case was upgraded to a higher level of jurisdiction, and pretrial exchange of evidence was organized to make the company fully aware of the illegality of its behavior and confirm that a Jiangxi metal company had violated the law for the first time. By proactively listening to the professional opinions of industry authorities, it was determined that a certain metal company in Jiangxi had made timely rectifications without causing actual environmental pollution consequences. It was clear that the case met the applicable conditions of "no penalty for the first violation" and the case was reported to the administrative department in accordance with the law. The agency sends judicial suggestions for self-correction. After the administrative agency adopts the suggestions, the enterprise withdraws the lawsuit on its own initiative, which not only allows the enterprise to resume normal production and operations, but also promotes the substantial resolution of administrative disputes, achieving the organic unity of the "three effects." This case’s understanding and application of the “no penalty for first offense” system has general guiding significance for administrative agencies to implement administrative penalties and courts to conduct similar case trials. It can effectively improve the uniformity of administrative agencies’ law enforcement and promote the construction of a rule-of-law government and a rule-of-law operation. The optimization of the business environment has been deepened and solid.

Case 5: A labor dispute case brought by a community residents committee in Zhongxing Town, Youxian District, Mianyang City against Jiang Moumou

[Basic Case Facts] The defendant Jiang Moumou was employed by the plaintiff's community residents' committee in Zhongxing Town, Youxian District, Mianyang City through open recruitment to engage in vehicle ordering, cleaning and sanitation management, night patrols, etc., and received monthly remuneration and duty subsidies, but No written labor contract was signed. In February 2021, Jiang Moumou resigned from the neighborhood committee. The two parties had disputes over issues such as confirmation of the labor relationship and compensation for illegal termination of the labor relationship. Jiang Moumou applied for labor arbitration to the Mianyang Youxian District Labor and Personnel Dispute Arbitration Committee. The committee ruled on May 17, 2021: It was confirmed that the labor relationship between a certain neighborhood committee and Jiang Moumou lasted from October 1, 2017 to February 28, 2021; a certain neighborhood committee should pay Jiang Moumou compensation for the illegal termination of the labor relationship. Gold is 12,600 yuan. A neighborhood committee was dissatisfied with the ruling and filed a lawsuit with the People's Court of Youxian District, Mianyang City, claiming that the community neighborhood committee is a grassroots mass autonomous organization with "self-management, self-education, and self-service" and is not an employer under labor law, and requested to cancel the arbitration. The ruling rejected all Jiang Moumou’s requests.

[Upgrading of Jurisdiction] After accepting the case, the People's Court of Youxian District, Mianyang City believed that the subject qualification of the community residents' committee involved in this case was related to the protection of workers' rights and interests. There were differences in the application of law in the judgments of similar cases by the provincial courts. According to Therefore, the case was submitted to the Mianyang Intermediate People's Court for a higher level hearing. After review, the Mianyang Intermediate People's Court ruled on November 11, 2021 to upgrade the case to jurisdiction on the grounds that it has guiding significance for universal legal application.

[Judgment Result] Mianyang Intermediate People’s Court held after hearing that: Article 2, Paragraph 1 of the Labor Contract Law of the People’s Republic of China “Enterprises, individual economic organizations, private non-enterprise units and other organizations within the territory of the People’s Republic of China establish labor relations with workers” "Relationships, the conclusion, performance, modification, rescission or termination of labor contracts shall be governed by the provisions of this Law", which uses general examples of expressions for employers rather than complete enumerations, and does not exclude residents' committees. As a grassroots mass autonomous organization, a residents' committee registered in accordance with the law has special legal person status, has rights and capacity, and can engage in civil activities necessary to perform its functions. If the employment relationship arising from the external recruitment of staff by a residents' committee meets the characteristics of a labor relationship, it shall be treated as a labor relationship. In this case, Jiang Moumou was a staff member openly recruited by a certain neighborhood committee of the plaintiff. He accepted the management of the plaintiff, engaged in paid labor arranged by the plaintiff, and was subject to various labor systems established by the plaintiff. The employment relationship between a certain neighborhood committee and Jiang Moumou conforms to the legal characteristics of a labor relationship, and the de facto labor relationship between the two parties is established. Therefore, the lawsuit request of the neighborhood committee is not supported. After the first instance verdict was announced, neither the original defendant nor the defendant appealed.

[Typical Significance] The issue of the qualifications of the residents’ committee employer involved in this case is related to the interests of many workers. In practice, there are differences in the application of laws as to whether grassroots self-governing organizations such as neighborhood committees and village committees are employers under the labor law. As a result, the rights and interests of many workers cannot be equally protected. Some regional social security departments have also refused to accept such organizations as employers. Workers purchase social insurance. This case was reviewed at a higher level, clarifying the "autonomy" attribute of grassroots mass autonomous organizations. It emphasizes that the people's direct exercise of democratic rights does not mean that they cannot participate in private law activities. Therefore, it is determined that the residents' committee has the qualifications of an employer and can impose restrictions on workers. Assuming corresponding obligations is of great significance for resolving differences in the application of laws in similar cases and equally safeguarding the legitimate rights and interests of workers. After the first-instance judgment came into effect, after discussion by the Judicial Committee of the Sichuan Higher People's Court, the case was adopted as a reference case for Sichuan courts, and the adjudication rules were incorporated into the trial business guidance document, achieving the good effect of "one trial, one guidance."