Overdue empty hanging into a "black account"
Xiao Zhang, a PE teacher in a high school in jianxi district, Luoyang, Henan Province, plans to hold a wedding this Spring Festival. Not long ago, she chose a good day to register for marriage, and the Civil Affairs Bureau asked to bring her household registration book, only to find that she was a "black household".
It turned out that Xiao Zhang graduated from an independent college in Wuhan in July 2007. At that time, he didn't find a work unit, so he left his household registration book and student status file in the school for safekeeping. According to the regulations, the school can hold fresh graduates for two years. Xiao Zhang quickly entrusted Wuhan students to the school to issue household registration certificates. The school security office replied: First, Xiao Zhang's account has exceeded the storage period and is difficult to find; Second, you must attend the meeting in person. Helpless, Xiao Zhang took the train for more than ten hours and arrived in Wuhan. The school made an exception and gave her a certificate. The security office reminded her to move her registered permanent residence to her present work place as soon as possible, otherwise she would be transferred back to her original place.
An empty account like Xiao Zhang is not a case in Wuhan universities. According to the regulations, the hukou and files of Wuhan University graduates can be kept for two years in talent service institutions such as Hubei University Graduates Employment Guidance Service Center and provincial and municipal talent centers. However, some graduates continue to "drift" in Wuhan, and some have left for many years, but their accounts and files have been overdue.
According to the person in charge of a vocational college in Wuhan, there are currently 3,000 graduates with vacant household registration, the longest being 10 years.
I'd rather wander around than go home.
Why are the accounts of so many students empty?
In recent years, some college students failed to find jobs in time when they left school, and their household registration will be transferred back to their original places according to regulations. However, some college students, especially those from rural areas, are reluctant to let their hukou "go home". A person in charge of the work department of a university in Wuhan said that as a buffer and for the convenience of college students to continue their job hunting, the state allowed universities to entrust registered permanent residence and Archives for graduates for two years. Students who find jobs within two years can move their registered permanent residence to their work units at any time. Later, some talent service agencies also began to provide this service for two years, charging a certain service fee every year. In fact, many graduates put their hukou in school to save money. "Most of the' sleeping' in the empty accounts of colleges and universities now belongs to this situation."
In addition, some graduates find work units in Wuhan or other places, but they don't solve their hukou. These students also don't want to let their registered permanent residence go back to their hometown, so they hang it at school.
The head of the department said that this was originally a flexible measure to facilitate college students' job hunting, but it caused some graduates to "delay again and again and then simply ignore it".
The "sleeping" of registered permanent residence has brought many problems.
Empty hukou belongs to collective hukou, which brings troubles to college students and management problems to schools, talent institutions and other departments.
A large number of overdue empty accounts put colleges and universities in a dilemma. Not long ago, Central South Branch of Wuhan University of Science and Technology issued a notice on the campus network to remind graduates whose registered permanent residence has not been returned to school as soon as possible to go through relevant procedures. A person in charge of the school said that according to the regulations, these accounts should be returned to their original places. But I was afraid that the graduates would suddenly come back to ask for an account, so I had to keep it for the time being. After a long time, I have accumulated a lot, and there is no place to store it. "Lost, dare not; Keep it, it's not the way. "
Some graduates' accounts have been vacant for many years, and suddenly they return to school to ask for a certificate of no criminal record, which stumped their alma mater. Because they have been working and living in other places for a long time, the school doesn't understand their performance in recent years.
Vacant registered permanent residence also brings troubles to the marriage and childbearing of some graduates, especially female college students. These college students are all mobile, so it is difficult to contact them at ordinary times. They are in childbearing age, and community work is more difficult for their family planning management and service. It is difficult for these female college students to apply for the Maternity Service Certificate after marriage, and they cannot enjoy perinatal health care and maternity insurance for women of childbearing age. It's even harder to settle the children and their mothers. Not only that, it is also not conducive to the local government to understand the actual situation of the permanent population, resulting in improper allocation of resources such as public facilities.
The person in charge of the security department of a university in Wuhan said that it doesn't matter if these graduates run around with their ID cards. Once you meet the formalities of getting married, having children, buying a house, handling medical insurance, social security, going abroad, etc., you need household registration information, and you start to worry. The school will receive such consultation calls every three to five times. In fact, some prove that the school is not qualified to send it.
Some graduates also reported that some of them were suspended for a while and then disappeared, so they were very anxious and had no choice.
Empty accounts should be "settled" as soon as possible.
It is understood that college graduates will be registered in talent service institutions, which can be used as permanent residence in Wuhan and enjoy the treatment of citizens. If the registered permanent residence stays in the school for more than two years, the talent service organization will not accept the previous student registered permanent residence. According to the regulations, such overdue empty accounts can only be returned to the original place.
Nowadays, people move more and more frequently. Why does someone always get caught up in a long journey by a "page"?
Xu Guangmu, an educator in Wuhan, raised a question: How important is hukou to college students? Some students can live apart for more than 10 years, which shows that no hukou has little impact on their daily life and work; However, hukou has a profound impact on the marriage and childbirth of graduates and the purchase of houses. There are too many benefits attached to the account itself, such as medical insurance, subsistence allowance and children's enrollment. For some college students who are interested in Yu Chuang, "hukou has become a' chicken rib', and you can live without it. If you lose it, you will be in trouble. " Experts expect to speed up the reform of the urban household registration system and reduce the burden of household registration functions.
According to the regulations of the public security department, citizens should register their accounts in their habitual residence. In this regard, a person in charge of the local public security organ in Wuhan said that the work of recent college graduates has not been implemented, and the two-year deadline must be grasped when managing household registration and archives. During this period, if you find a relatively fixed job or have a relatively stable residence, you should move your hukou to a new place in time, including the talent service center where your work unit is located. This trusteeship can be long-term. If the term is more than two years and there is no stable settlement point, it is necessary to take the initiative to move the account back to its original place. (The above example is taken from People's Daily 20 1 1)
2. Uncle A and his wife who live in a certain place are both over eighty years old. The small house they live in is a public house, and the tenant is Uncle A. Because their children and grandchildren have houses outside, the two old people live alone for a long time and manage their own lives. However, from 199 1 to 200 1, the accounts of five people, including sons, grandchildren and granddaughters, moved in for various reasons, and none of them actually lived, so they were "empty accounts" of the old people's residence.
Now the old man is old, in poor health and in financial difficulties. Recently, their children and grandchildren are in conflict over the future ownership of the house, which makes the old people have to consider dealing with their house before they die. The old man hopes to buy the rented house as a property right house, on the one hand, to solve the current family conflicts, on the other hand, to spend his old age safely. Old people find it difficult to take care of themselves and need someone to take care of them. After the rented house becomes a property right house, it can be rented or sold. Old people either live with their children or live in nursing homes, and use the rent or house payment to supplement the living expenses such as pension and medical care. However, when the elderly go through the sale procedures of public houses with the right to use the property, they are rejected by the housing management department, because all the registered people in the house have to sign and agree, and the children and grandchildren of the "empty hukou" cannot reach an agreement because of family disputes.
The elderly are vulnerable groups. When their legitimate rights and interests need to be protected, the first thing that comes to mind is to obtain judicial relief through law. For this reason, the old man entrusted a lawyer to file an "infringement lawsuit" with the local court, listed the children and grandchildren of the five "empty hukou" as defendants, and requested the court to confirm that the five "empty hukou" defendants were not "common residents" and had no right to live in the plaintiff's house according to the provisions of the xx Housing Lease Regulations and the Opinions (II) of the XX Housing and Land Resources Administration. Regrettably, however, the court refused to accept it on the grounds that "the transfer of household registration is not within the jurisdiction of the court", and at the same time, the court gave litigation guidance and asked the elderly to submit a written application for compulsory household registration to the local police station. If the police station does not handle it, it can file an administrative lawsuit with the local public security organ, requesting the court to judge the public security organ to perform its statutory duties, and the public security organ will perform its statutory duties of "compulsory household registration transfer" according to the court's judgment.
For the court's litigation guidance, lawyers believe that it violates the duties of the people's court and the provisions of the Civil Procedure Law on jurisdiction. The jurisdiction of this case should belong to the court. As the household registration authority, the public security organ should confirm the right of "forcibly moving the household registration" through trial, that is, the applicant should move out according to law and refuses to move out, which has constituted an infringement on the right holder of the house, so as to obtain the right of "forcibly moving the household registration" against the infringer in execution. However, the public security organs have no judicial power, and there is no factual and legal basis for asking them to carry out the act of "forcibly moving their accounts". If the public security organ is allowed to judge whether it should "forcibly move the household registration", then the public security organ will exercise judicial power, which is ultra vires.