The procuratorial organs take the substantive resolution of administrative disputes as a powerful starting point for promoting 'I do practical things for the masses', which not only protects the legitimate rights and interests of the person subject to enforcement, but also effectively solves the backlog of cases of our committee, so that fairness and justice are truly deeply rooted in the hearts of the people!"A few days ago, a letter of thanks from the Health Commission of ** City, Hubei Province was sent to the desk of the prosecutor of the Maojian District Procuratorate of ** City. At the same time, he also received a thank you text message from the party Zhao Moumou on his mobile phone.
These two "heart-to-heart" thanks.
Originated from an administrative dispute case.
In June 2017, Zhao Moumou carried out TCM diagnosis and treatment activities for patients without obtaining the "Physician Qualification Certificate" and the "Physician Practice Certificate". **The Municipal Health Commission made an administrative penalty decision on Zhao Moumou in accordance with the law. After receiving the "Administrative Punishment Decision", Zhao Moumou immediately closed down the diagnosis and treatment place and stopped the illegal practice of medicine, but he did not apply for administrative reconsideration or administrative litigation within the statutory time limit, nor did he pay fines and forfeitures. **After repeated reminders from the Municipal Health Commission, Zhao Moumou still did not fulfill the penalty decision. The department then applied to the People's Court of Maojian District, ** City, to enforce the administrative penalty decision against Zhao: a fine of 31,000 yuan, an additional fine of 31,000 yuan, a total of 62,000 yuan. After compulsory enforcement by the court, Zhao Moumou was frozen and deducted 4,080 yuan, and the remaining fine of 57,920 yuan was not implemented in place.
On November 24, 2023, Zhao Moumou came to the Maojian District Procuratorate to apply for supervision of enforcement activities.
I was also not in good health for many years, my ability to work was poor, and my medication was confiscated at that time, and my investment was all gone. Because of the enforcement, all my accounts were frozen, which caused me to encounter various difficulties in my work and life, and I was really unable to pay the remaining fines. Zhao Moumou said to the prosecutor.
After learning about the actual situation of Zhao Moumou, the prosecutor handling the case actively negotiated with the Municipal Health Commission on the one hand, made targeted suggestions, and sought ways and means to resolve the disputeOn the other hand, he visited Zhao's home many times, talked with him, relieved his negative emotions, and actively promoted the parties to move from confrontation to dialogue. After the procurator handling the case patiently and meticulously explained the law and reasoning, Zhao Moumou realized the harmfulness of illegal medical practice, and at the same time expressed his willingness to raise funds to pay the principal of the fine, but there were still certain difficulties in increasing the fine.
In order to effectively resolve the dispute over non-litigation enforcement and help Zhao Moumou solve the difficulties he faced, the Maojian District Procuratorate invited the staff of the ** Municipal Health Commission, the Maojian District People's Court, as well as the people's supervisors and hearing officers to hold a public hearing. After the hearing, the hearing personnel unanimously agreed to reduce the remaining additional fine for Zhao.
After the meeting, the ** Municipal Health Commission exempted Zhao from the additional fine through legal procedures, and reached an enforcement settlement between the two parties. After the ** Municipal Health Commission submitted an application for closing the case to the Maojian District People's Court, the Maojian District Procuratorate promptly urged the court to lift the enforcement measures and implement the closure of the case, which completely solved Zhao's worries. So far, the administrative dispute has been substantively resolved.
*丨**The official WeChat of the Maojian District Procuratorate of the city.
Editor丨Wei Zhe.
Audit丨Dai Xiaowei Liu Yiting.