Jiangsu Set Up The First National Committee For The Protection Of Judges' Rights And Interests

Today, the Jiangsu Provincial Higher People's court announced that the first national self-determination organization for the protection of judges' rights and interests, the judge's rights and Interests Protection Committee of the Jiangsu Provincial Association of judges, was established, and the February 26th Beijing judge Ma Caiyun died on duty as "judge's rights and interests protection day".

Song Jian, director of the Jiangsu high court trial committee, President of the three Court of the people's court and director of the judge's rights and Interests Protection Committee of the Provincial Association of judges, said that as one of the important supporting measures for the reform of the judicial system in the whole province, the work was officially launched in mid 2015.

In February 2, 2016, the Council of the provincial Judges Association examined and approved the statute of the judges' rights and Interests Protection Committee of the Jiangsu provincial Judges Association, and was elected by the three level judges of the province. The Standing Council of the Provincial Association of judges passed the discussion in February 29th.

Judges perform according to law

It is protected by law, but at present, the protection of judges' rights and interests is facing many urgent problems.

Song Jian said that with the further development of the judicial system reform, the occupational stress and responsibility of judges have been further increased, which all put forward higher requirements for the protection of judges' rights and interests.

The protection of judge's rights and interests is not only related to the development of judges themselves, but also to judicial authority and justice.

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It is understood that as the first province to protect the rights and interests of judges

At the same time, it is also a public welfare organization. The judges' rights and Interests Protection Committee of the Jiangsu provincial Judges Association will take part in the investigation of the third parties who are independent of the injured judge, the court and the infringer, and will make recommendations to the relevant departments.

The Committee on the protection of the rights and interests of judges has three functions, namely, giving assistance to judges who have been infringed on their legitimate rights and interests; coordinating and supervising the implementation of safeguards for judges' rights and interests; and guiding judges to correctly and effectively safeguard their legitimate rights and interests.

According to the briefing, Jiangsu has identified seven cases where judges are personally seeking the assistance of the judges' rights and Interests Protection Committee: infringe upon the judge's personal dignity and damage the judge's reputation; infringe upon the safety of judges and their close relatives, personal property and residence; obstruct the judge's independent handling of the case; investigate the judge's responsibility for a trial; make a wrong decision on the judge's disciplinary decision; violate the provisions and misjudge the performance of the judge's trial; and Prejudice other lawful rights and interests of the judge.

The Committee on the protection of the rights and interests of the judges will make three kinds of treatment after investigation: make a statement to the outside world, clarify the truth and eliminate the negative effects; reflect the situation on behalf of the parties concerned, request protection measures, and investigate the responsibilities of the persons concerned in accordance with the law; and make recommendations to the parties concerned to correct improper practices.

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Cui was working in a company in 1988.

In March 2005, when Mr. Cui was responsible for the company's subordinate units, he was investigated for the appropriation of funds by his subordinate staff Zhang. The company then made a decision to terminate the labor contract with Cui, and then stopped the wages and welfare benefits of Cui.

Cui refused to accept the application for labor arbitration in December 2005.

After more than two years of arbitration and litigation, the Municipal Intermediate People's court made a final judgment in October 23, 2007, revoking the company's decision to remove Cui's labor contract.

After the verdict came into effect, Cui repeatedly asked the company to arrange the work. However, the company was shirking because of bad arrangements and so on. By August 2015, it had not arranged any work or paid any wages.

In September 2015, Cui submitted an application to the local labor and personnel dispute arbitration commission, which required the company to continue to fulfill the contract and reissued the salary of 260 thousand yuan from April 2005 to August 2015 according to the annual average wage standard of the local urban employees.

According to the trial of the Arbitration Commission, according to the final judgment, the company's action to terminate the labor contract with Cui is a violation of the labor contract, and the two parties should continue to fulfill the labor contract.

According to the law of the people's Republic of China on compensation for labor contracts in violation of the labor law, it stipulates: "if the employer's unit violates the stipulation or the labor contract to terminate the labor contract, the worker's wage income will be lost, and he shall be paid the laborer's wages according to his wages."

The company should pay wages in accordance with Cui's normal wage level from April 1, 2005 to August 31, 2015, considering that Tsui has been away from work for a long time, and can not estimate the normal wage level of Cui. The Arbitration Commission finally ruled that the company should pay the wages of Cui in accordance with its annual average wage standard.