中英对照 | 最高人民检察院第三十一批指导性案例英文译本上线！

[CLI Code] CLI.3.5112730（EN）

Notice by the Supreme People's Procuratorate of Issuing the Thirty-First Group of Guiding Cases of the Supreme People's Procuratorate

检例第122号 (SPP Case No. 122)

李某滨与李某峰财产损害赔偿纠纷支持起诉案

Li A Bin v. Li A Feng (support for initiating a lawsuit over a property damage dispute)

关键词 [Keywords]

残疾人权益保障；支持起诉；监护人侵权；协助收集证据

safeguards for the rights and interests of disabled persons; support for initiation of lawsuit; tort by guardian; assistance in collecting evidence

要旨 [Key Points]

因监护人侵害智力残疾的被监护人财产权，智力残疾人诉请赔偿损失存在障碍而请求支持起诉的，检察机关可以围绕法定起诉条件协助其收集证据，为其起诉维权提供帮助。在支持起诉程序中，检察机关应当依法履行支持起诉职能，保障当事人平等行使诉权。

Where a guardian injures the property rights of a ward with mental disabilities, and the ward requests support for initiation of lawsuit because of an obstacle to suing for damages, the procuratorial authorities may assist him in collecting evidence according to the statutory conditions for initiation of lawsuit and aid him in initiating a lawsuit to enforce his rights. In a support for initiation of lawsuit proceeding, the procuratorial authorities shall perform the function of support for initiation of lawsuit in accordance with the law, and guarantee that the party exercises his right of action on an equal footing.

检例第123号 (SPP Case No. 123)

胡某祥、万某妹与胡某平赡养纠纷支持起诉案

Hu A Xiang and Wan A Mei v. Hu A Ping (support for initiation of lawsuit over an elderly support dispute)

关键词 [Keywords]

老年人权益保障；支持起诉；不履行赡养义务；多元化解机制

safeguards for the rights and interests of the elderly; support for initiation of lawsuit; non-performance of the obligation of elderly support; diversified resolution mechanism

要旨 [Key Points]

老年人依法起诉要求成年子女履行赡养义务，但是缺乏起诉维权能力的，检察机关可以依老年人提出的申请，支持其起诉维权。支持起诉的检察机关可以运用多元化解纠纷机制，修复受损家庭关系。案件办结后，可以开展案件回访，巩固办案效果。

If an elderly person proposes to initiate a lawsuit according to the law, requiring their adult children to perform their obligation of elderly support, but has an inability to initiate a lawsuit and enforce their rights, the procuratorial authorities may support them in initiating a lawsuit and enforcing their rights on application by the elderly person. The procuratorial authorities that support initiation of lawsuit may use the diversified dispute resolution mechanism to repair damaged family relationships. After closing of the case, the procuratorial authorities may pay follow-up visits to consolidate the effect of case handling.

检例第124号 (SPP Case No. 124)

孙某宽等78人与某农业公司追索劳动报酬纠纷支持起诉案

78 persons including Sun A Kuan v. A Agricultural Company (support for initiation of lawsuit over a labor compensation dispute)

关键词 [Keywords]

进城务工人员权益保障；支持起诉；追索劳动报酬；服务保障企业发展

protection of the rights and interests of migrant workers; support for initiation of lawsuit; claim for labor compensation; serving and safeguarding the development of enterprises

要旨 [Key Points]

劳动报酬是进城务工人员维持生计的基本保障，用人单位未按照国家规定和劳动合同约定及时足额支付劳动报酬的，检察机关应当因案制宜，通过督促人力资源社会保障等单位履职尽责、支持起诉、移送拒不支付劳动报酬罪线索等方式保障进城务工人员获得劳动报酬。

Labor compensation provides migrant workers with sustenance. If their employers fail to pay labor compensation in full, in a timely manner, in accordance with the provisions established by the state and labor contracts, the procuratorial authorities shall guarantee the obtainment of labor compensation by the migrant workers, according to the circumstances of cases, by urging human resources and social security and other entities to perform their duties, supporting initiation of lawsuit, transferring clues to the crime of refusal to pay labor compensation, and other means.

检例第125号 (SPP Case No. 125)

安某民等80人与某环境公司确认劳动关系纠纷支持起诉案

80 persons including An A Min v. A Environmental Company (support for initiation of lawsuit over a dispute over a declaration of labor relationships)

关键词 [Keywords]

劳动者权益保障；支持起诉；确认劳动关系；社会保险

safeguards for the rights and interests of workers; support for initiation of lawsuit; declaration of labor relationships; social insurance

要旨 [Key Points]

劳动者要求用人单位补办社保登记、补缴社会保险费未果的，检察机关可以协助收集证据、提出支持起诉意见，支持劳动者起诉确认劳动关系，为其办理社保登记、补缴社会保险费提供帮助。

If a worker requires his or her employer to register for social insurance and pay social insurance premiums, but to no avail, the procuratorial authorities may assist in collecting evidence, give an opinion on support for initiation of lawsuit, support the worker in suing for a declaration of labor relationships, and provide assistance for him or her to register for social security and pay social insurance premiums.

检例第126号 (SPP Case No. 126)

张某云与张某森离婚纠纷支持起诉案

Zhang A Yun v. Zhang A Sen (support for initiation of lawsuit over a divorce dispute)

关键词 [Keywords]

妇女权益保障；支持起诉；反家庭暴力；尊重家暴受害人真实意愿

protection of women's rights and interests; support for initiation of lawsuit; combat against domestic violence; respect for the true wishes of victims of domestic violence

要旨 [Key Points]

反家庭暴力是国家、社会和每个家庭的共同责任，检察机关应当加强与公安机关、人民法院、工会、共产主义青年团、妇女联合会、残疾人联合会、居民委员会、村民委员会等单位、组织的协作配合，形成维护家庭暴力受害人合法权益的合力。在充分尊重家庭暴力受害人真实意愿的前提下，对惧于家庭暴力不敢起诉，未获得妇女联合会等单位帮助的，检察机关可依申请支持家庭暴力受害人起诉维权。

The combat against domestic violence is the joint responsibility of the state, society, and every family. The procuratorial authorities shall strengthen cooperation with public security authorities, the people's courts, trade unions, the Communist Youth League, women's federations, disabled persons' federations, residents' committees, villagers' committees, and other entities and organizations, so as to join forces to safeguard the lawful rights and interests of victims of domestic violence. On the premise of fully respecting the true wishes of victims of domestic violence, if they are too afraid of domestic violence to sue and have not received assistance from women's federations and other entities, the procuratorial authorities may support the victims of domestic violence in initiating lawsuits and enforcing their rights.

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