According to the "Regulations on Handling Injury Cases by Public Security Organs":
Article 8? In the case of intentional injury (minor injury) proved by the victim, the case-handling personnel shall inform the victim that he can bring a lawsuit directly to the people's court. If the victim requests the public security organ to handle it, the public security organ shall accept it.
Article 9? If a case of intentional injury (minor injury) directly accepted by the people's court is transferred to the public security organ for investigation due to insufficient evidence, the public security organ shall accept it.
Extended data:
The public was injured, and the police filed a case in March without punishment? The citizens sued the Public Security Bureau and won the case.
Citizen Gao was injured. He called 1 10 for police help. However, although the case was filed, it has been more than three months since the incident, and the case has been pending for a long time. Gao sued the court on the grounds that Gansu Mining Area Public Security Bureau (hereinafter referred to as the Mining Area Public Security Bureau) failed to perform its statutory duties.
Yesterday, the court of Gansu Mining Area announced the verdict of the case: it was illegal to confirm that the administrative act of Gansu Mining Area Public Security Bureau failed to perform its statutory duties within the statutory time limit.
There was a dispute with passers-by, and the public security department handled it for three months without results.
It happened in 20 141at 20 o'clock on October 28th, 14. Four senior relatives drove to Zizhuyuan to send invitations to friends. At 20: 45, when the vehicle drove out of the south gate of Zizhuyuan, Gao had a dispute with the female security guard on duty because of the parking fee problem, and then had a dispute with the passerby Jiang, which led to tearing.
At 23: 50, the Yuyuan Police Station of Jiayuguan City Public Security Bureau inquired about Gao after receiving the alarm. 1October 29 10, yuyuan sent the case that Gao was beaten to the nuclear city branch of Gansu mining area public security bureau and the police station for handling on the grounds of division of jurisdiction.
Gao said in the complaint that the police station only inquired about the relevant situation and did not take any measures against the offenders. Gao repeatedly went to the police station to reflect this matter and demanded that the violator be investigated for legal responsibility, but the lotus town Road police station ignored it and made no conclusion.
On February 3, 20 15, Gao believed that the specific administrative act of inaction by the mining area public security bureau was illegal, which seriously violated Gao's legitimate rights and interests. He filed a lawsuit in the Gansu mining area court, requesting a legal judgment to confirm that the mining area public security bureau failed to perform its statutory duties according to law and ordered it to perform its statutory duties.
The court investigation restored the node where the incident occurred.
The mining area public security bureau refused to accept Gao's appeal. The public security bureau insisted that it had fulfilled its statutory duties, and Gao's lawsuit reason was not established, requesting the court to dismiss it.
After hearing the case, the court found that on 20 14, 14129, after receiving the notice of case transfer, the mine public security bureau carried out relevant investigations, visited the site, asked both parties according to law, and visited witnesses at the investigation site. 165438+1On October 24th, the Public Security Bureau entrusted Jiayuguan Public Security Judicial Appraisal Center to identify Gao's injuries.
20 14, 2065 438+04, Jiayuguan Public Security Judicial Appraisal Center made a judicial appraisal opinion, which was identified as minor injury. On February 7th, 65438+,the public security bureau of the mining area received the opinion of judicial appraisal, and on February 8th, 65438+,it informed Gao and Jiang passers-by of the appraisal conclusion to solicit their opinions on the handling of the case. High demands were handled according to law, and Jiang passed by and agreed to mediation by the public security organs.
12 On February 26th, the public security bureau of the mining area asked both sides for their opinions on whether there was mediation intention. On 20 15, 15, the public security bureau of the mining area organized both parties to mediate, but no mediation agreement was reached, informing them that they could bring a civil lawsuit to the people's court according to law. On February 3, 20 15, Gao filed an administrative lawsuit on the grounds that the public security bureau of the mining area failed to perform its statutory duties according to law.
The court also found that on February 20 12 15, the public security bureau of the mining area made administrative punishment decisions on Gao and Jiang passers-by respectively.
The court ruled that the public security bureau failed to perform its duties within the statutory time limit.
After hearing the case, the court held that the public security organs have the statutory duty to protect citizens' personal rights and property rights from illegal infringement, and the public security organs should perform their statutory duties promptly and effectively within the statutory time limit for citizens' requests for protection of personal rights and property rights.
The case was transferred from Yuyuan Police Station in Jiayuguan City to he cheng Branch and Lu Cheng Police Station of the Public Security Bureau of the Mining Area on October 29th, 20 14/KLOC-0. The mining area public security bureau10.29 shall close the case within 30 days, that is, before10.27.
The Public Security Bureau of the mining area entrusted Jiayuguan Public Security Judicial Appraisal Center to appraise Gao's injury from June 24th165438+1October 24th to February 7th, and the appraisal period14th is not included in the time limit for handling cases. The mining area public security bureau argued that it had verbally applied to the superior leader to extend the time limit for handling cases, but did not submit the relevant evidence submitted to the public security organ at the next higher level for examination and approval, arguing that it would not be accepted.
Therefore, the handling period of this case should be 30 days, and the handling period should be 65438+February 1 1 day after deducting the appraisal period. The public security bureau of the mining area argued that it has been doing mediation work between the two parties in the process of handling the case, and on February 8 12, it solicited the opinions of both parties on agreeing to mediation. However, there is no relevant record of mediation work in the submitted evidence.
Judging from the facts of the case, the public security bureau of the mining area failed to organize both parties to carry out mediation work within the statutory time limit for handling cases on the 30th. No matter whether the public security bureau of the mining area solicited the parties' mediation intention on February 26th, 20 14 or organized mediation between the two parties on October 20th, 20 15, the time limit for handling cases has exceeded the statutory time limit.
To sum up, in this case, the Mine Public Security Bureau filed a case on 20 14+05129, and filed a lawsuit on February 5, 20 15, and failed to make a corresponding decision for more than three months, which was a failure to perform legal duties within the statutory time limit. The court should support high claims.
However, in the course of litigation, the mining area public security bureau made administrative punishment decisions on Gao and Jiang passers-by on February 15, respectively, and judged that it was of no practical significance for the mining area public security bureau to perform its statutory duties.
According to Item (1) of Paragraph 2 of Article 57 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Administrative Procedure Law of the People's Republic of China, our court made the following judgment: It is illegal to confirm that the administrative act of Gansu Mining Area Public Security Bureau failed to perform its statutory duties within the statutory time limit.
50 yuan, the case acceptance fee, shall be borne by the defendant Gansu Mining Area Public Security Bureau.
People's network-citizens were injured. The police filed a case in March and did not punish the public. The Public Security Bureau won the case.