Safeguarding the Legitimate Rights and Interests of Military Dependents, Supporting the "Rear Area" for Soldiers - A Case of Military-Related Legal Aid
Time:
2021-12-10
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On December 6, 2021, Yang Zujian, a staff officer from the Liuzhou Military Division, and his uncle's wife, Shen, presented a banner with the words "Solving people's problems, defending legal justice" to lawyer Jiang Yi of Tongwang (Liuzhou) Law Firm, expressing their recognition and gratitude for the legal aid provided. This is also a full affirmation of Tongwang (Liuzhou) Law Firm's work in safeguarding the rights and interests of military personnel.

The specific case dates back to three years ago. On September 13, 2018, Shen was involved in a traffic accident while performing cleaning work arranged by the company, and her hip was fractured by the left front wheel of an off-road vehicle. The traffic police department determined that Shen was fully responsible for the traffic accident. To make matters worse, Shen was diagnosed with a meningioma on the left temporal lobe during her hospitalization.
Helpless, Yang Zujian sought help from Tang Deren, a lawyer at Tongwang (Liuzhou) Law Firm—a stationed lawyer at the legal aid workstation in the military division for safeguarding the legitimate rights and interests of military personnel and their families. Under the guidance of lawyer Tang Deren, Shen and her family re-collected evidence and cooperated with relevant authorities in the investigation. After several months of efforts, the traffic police department re-divided the responsibility ratio for the traffic accident and determined that Shen was responsible for 50% of the responsibility. Subsequently, with the help of lawyer Tang Deren, Shen reached an agreement with the car owner and the insurance company, and the car owner and the insurance company paid Shen 100,000 yuan in compensation.
The traffic accident came to an end, but the two-year journey of safeguarding rights for work-related injury compensation had just begun. Since Shen had not signed a labor contract with the company, the company denied the existence of a labor relationship with Shen and refused to pay work-related injury compensation. Jiang Yi, a lawyer from Tongwang (Liuzhou) Law Firm, provided legal aid to Shen and applied to the Liuzhou Labor Dispute Arbitration Commission for arbitration, requesting confirmation of the existence of a labor relationship between the two parties. The arbitration award, the first instance, and the second instance judgments all supported Shen's request. After obtaining favorable evidence of the existence of a labor relationship between the two parties, lawyer Jiang Yi accompanied and guided Shen to apply to the Liuzhou Human Resources and Social Security Bureau for work-related injury identification. Subsequently, the company filed an administrative lawsuit requesting the revocation of the work-related injury identification certificate. After the first and second instances, the company's claim was rejected. With all the evidence conclusive, the company agreed to a settlement with Shen. In November 2021, the two parties reached a settlement agreement, and the company paid Shen 66,000 yuan in compensation. During this long two-year journey of safeguarding rights, lawyer Jiang Yi participated throughout the entire process, providing guidance and assistance, providing a total of six legal aids, undergoing six court hearings, and multiple communications and mediations, which finally came to a successful conclusion.
Through the unremitting efforts of the lawyers at Tongwang (Liuzhou) Law Firm, Shen obtained a total of 166,000 yuan in compensation for both work-related injuries and traffic accidents, which effectively solved the actual difficulties of military families and maximized the protection of the legitimate rights and interests of military families. "Doing a good job in safeguarding the rights and interests of military families can solve the worries of military personnel and allow them to devote themselves to the construction of the country with peace of mind. This is the duty of a party member lawyer." Lawyer Jiang Yi said.

The 19th National Congress report pointed out: "Safeguard the legitimate rights and interests of military personnel and their families, and make military service an occupation respected by the whole society." Focusing on solving the "rear" problems of military personnel is also a concrete manifestation of the respect for the military profession. Tongwang Lawyers has always actively responded to national policies, done a good job in legal rights protection work involving the military, strived to provide assistance whenever possible, and strived to contribute to the construction of national defense and the army!
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