Shenyang City Intermediate People's court

Administrative judgment   
[2005] Shen to end the word no. 338th

    The appellant (the plaintiff) Wang Zhanchen, male, born in August 12, 1949, Han nationality, Liaoning province electric power company Panjin power supply company, retired workers, Jia Shu Lou, Panjin City Electric Power Bureau.
Agent Zhao Zhiping, Panjin Limin legal services legal workers.
    Appellee (defendant in the original instance) Liaoning provincial labor and social security office, office is located in Shenyang City, Shenhe Zhongshan Road District No. 337.
    Legal representative: Jiang Zuoyong, director of the.
    Agent Han Xingmin, staff of the office.
    Agent Cui Jimin, staff of the office.
    The third Liaoning province electric power company Panjin power supply company, domiciled in Xinglongtai District of Panjin city road.
    Legal representative: Wang Bingran, general manager of.
    Agent Dai Hong, the staff of the unit.
    The appellant Wang Zhanchen due to retirement of administrative examination and approval document, the Shenyang municipal and District People's Court (2005) and at the beginning of the word no. forty-ninth administrative decision, appeal to the court. This court formed a collegiate bench, on the case of open trial. The appellant Wang Zhanchen and agent Zhao Zhiping, the Liaoning provincial labor and social security office of the attorney agent Han Xingmin, authorized agent Cui Jimin, red to the third people in Liaoning province electric power company Panjin power supply company to participate in the proceedings. Now the trial has been closed.
    The first instance court through cross examination identified, Wang Zhanchen was born in August 12, 1949, March 6, 1975 by the army assigned to Panshan Power Supply Bureau, in sending the electrical work until 1996. Department of labor and social security of Liaoning province in November 5, 2004 to the retirement approval of Wang Zhanchen, agreed with Wang Zhanchen in 2004 August retirement, enjoy treatment of primary endowment insurance from 2004 September.
    The court held that the defendant, on the basis of document issued [1999]10 "on Further Doing a good job of laid-off workers of state-owned enterprises and enterprises from the basic living security notice" retiree pensions work issues related to article fourth (two), Liao does [1999]34 document "notice" about to do a good job of endowment insurance industry are handed over to local management the provisions of article second, to retire the examination and approval, has the legal authority. The defendant provided evidence to prove that the plaintiff who have reached the age of 55, engaged in special types of work accumulated over ten years of the facts, the facts of Labor Ministry of [1999]8 document "about to stop and correct the violation of the provisions of the state enterprise workers to retire ahead of schedule related issues notice", the [1978]104 file "on retirement, resignation of interim methods" statutory retirement of the fact. The defendant on the basis of Labor Ministry of [1999]8 document "about to stop and correct the violation of the provisions of the state enterprise workers to retire ahead of schedule related issues notice", the [1978]104 file "on retirement, resignation of interim measures," Liao Zheng Chuan [1998]14 document "about receiving industry endowment insurance plan to implement the provincial management issues related to notice", labor insurance [1993]3 word document "on strictly in accordance with the provisions of the retirement notice" provisions of the retirement approval behavior, correct application of laws and regulations, legal procedures. The fact that retirement approval behavior so the defendant Wang Zhanchen to make clear, the evidence is sufficient, correct application of laws and regulations, legal procedures, shall be maintained. The plaintiff's claim, not based on facts and legal basis, the court shall not support. In accordance with the "PRC Administrative Litigation Law" the provisions of article fifty-fourth, the decision: the specific administrative act retirement approval in November 5, 2004 to maintain the defendant the plaintiff Wang Zhanchen made. The 100 yuan of case acceptance fee by the plaintiff's burden.
    The appellant appeals said Wang Zhanchen, 1, the determination of line not appeal for special types of work, the 1996 are engaged in general trade. 2, the decision to the appellee violations of unconscionability, in violation of the (87) No. 114th "Hydropower Work Notice" Ministry of water conservancy and electric power of water conservancy and electric power system with 36 types of early retirement provisions of article third and Liao insurance hair (2002) No. 2 file fourth, the labor agency (2004) 51 document eighth, tenth. 3, the third with superiors and subordinates, the violation of civil rights act. 4 the trial court appellee evidence of improper. Act 5, the trial court to the third upper not recognized. I request: 1, the second instance court for revocation of the original judgment, the judgment shall be amended according to the remand or. 2, by the appellant a second trial, litigation costs.
    The appellee, labor and Social Security Department of Liaoning Province, to the hospital did not submit a written defense but in the trial that Wang Zhanchen, 1, in the appeal statement is a violation of the rule of law, the subject of litigation is not clear; 2, Wang Zhanchen with the special types of retirement, the legal fact I apply for is not my department the examination and approval, the original judgment was correct, request the court of second instance upheld.
    The third Liaoning province electric power company Panjin power supply company, no reply.
    The defendant provides evidence to the trial court are: 1, the urban enterprise workers in Liaoning province retirement approval form; 2, in March 1, 1984 May 1, 1996, Wang Zhanchen's staff registration form; 3, 1979 worker to upgrade the registration form. The above evidence to prove that Wang Zhanchen was 55 years old, engaged in special types of accumulated over ten years, are eligible for retirement facts. The defendant also submitted the relevant law, proving that it has legal authority, legal procedures, applicable law is correct.
    The plaintiff to provide evidence to the trial court are: 1, the appellee retired approval form, proves that third types of false accuser; 2, the management team records, to prove that the plaintiff since 1996 engaged in the work does not belong to the special types of work; 3, Wang Zhanchen in 1997 February -2004 year in August the fund balance sheet, income replacement Wang Zhanchen calculation, prove Panjin Electric Power Bureau since 1997 without the special types of work, according to Gu Fengyi; 4 September 16, 2004 issued by the "I" in October 20, 2004, Shi Zhongli issued "I", that the plaintiff should year full 60 one full year of life of retirement; register 5, the annual enterprise special types of staff, to prove that the plaintiff did not fill in this form, the plaintiff did not engaged in special types.
    The third people to provide evidence to the trial court are: Panjin Electric Power Bureau communication proof, proof of Wang Zhanchen's work belongs to the special types of work.
    The evidence had been transferred along with the case in our hospital.
    The first instance court through cross examination, provide the evidence to be admissible to the defendant to the plaintiff; provide evidence to be admissible number 1, on the plaintiff to provide 2-5 evidence was inadmissible; provide evidence of third shall not be accepted.
    After review, the trial court authentication correctly, the court for confirmation.
    The school according to the case facts and evidence of the fact that the same court.
    This house believes that:
    One, according to the document issued [1999]10 "on Further Doing a good job of laid-off workers of state-owned enterprises and enterprises from the basic living security notice" retiree pensions work issues related to article fourth (two), Liao does [1999]34 document "notice" on pay close attention to the endowment insurance transfer to local management related work the provisions of article second, the appellee has the legal authority to the retirement of examination and approval, the court ruled that the right.
    Two, according to the labor department [1999]8 document "about to stop and correct the violation of the provisions of the state enterprise workers to retire ahead of schedule related issues notice", Liao Zheng Chuan [1998]14 document "about receiving industry endowment insurance plan to implement the provincial management related issues notice", labor insurance [1993]3 word document "on strictly in accordance with the regulations retirement notice" provisions, the legal fact engaged in special types of work early retirement is: male, aged 55 years; female, aged 45 years old, engaged in special types of work accumulated over ten years. In the case of the appellant cases accord with the legal fact, appellee retired approval behavior made clear in fact finding, applicable law is correct, the legal procedure, the court ruled that the right.
    Three, about not engaged in special types of work that the appellant after 1996's point of view, because whether or not engaged in special types of work the appellant after 1996, shall not affect the 1996 has been engaged in special types of accumulated over ten years, accord with retire ahead of schedule the condition that, the appellant's claim shall not be supported.
    Four, on the retirement approval behavior appellant advocate of the violation of the original Ministry of water conservancy and electric power (87) Hydropower Lao 114th word document view, because the document is stipulated in the original water, electric power system and retirement of the industry, at the end of 1998 basic endowment insurance industry are handed over to local management, is no longer applicable, and shall be applicable the nation and Liaoning Province, the appellant's claim shall not be supported. On retirement approval behavior appellant advocate the violation of Liao insurance hair (2002) No. 2 document, without my application point of view, because of early retirement is a legal system of the state, "I apply" is not the legal fact early retirement for approval, and the file is the Liaoning social insurance administration in order to regulate the administration of special types of work, strict control of early retirement and formulate, constraint is the object of workers in the enterprise, not the appellee, as long as the staff comply with the legal fact to retire ahead of schedule, if I apply for approval does not affect the retired, the appellant's view does not support. On retirement approval behavior appellant advocate the violation of labor by Liao [2004]51 document view, because the file is an approved notice on the implementation of special types of scope of business, and whether the appellant accord with retire ahead of schedule the examination and approval conditions and the appellee's no relevance, the appellant's claim shall not be supported.
    Five, about the appellant advocate the third upper, encroaches upon the citizen personal rights view, does not belong to the scope of trial of this case.
    In summary, the appellant appeal no factual and legal basis, the court shall not support. The judgment of the first instance is not inappropriate, shall be maintained. In accordance with the "administrative procedure law of the people's Republic of China" article sixty-first (a) the provisions of item, the decision as follows:
    Dismiss the appeal, upheld the.
    The second case acceptance fee one hundred yuan by the appellant Wang Zhanchen burden.
    This judgment is the final judgment.

    
Chief justice Zhu Yan
    Acting judge Li Shukui
    Acting judge Wang Peng
Two hundred five years in October 17th
The clerk Li Chunye

    
The relevant legal basis for the decision of this case
    
"Administrative procedure law of the people's Republic of China"
    Article sixty-first a people's court, in the light of the following situations, respectively:
    (a) in the original judgment, applicable laws, regulations and correct judgement, dismissed the appeal, upheld the;
    The Ministry of labor and social security "on the curb and correct the violation of the provisions of the state enterprise workers to retire ahead of schedule related issues notice" (labor department No. [1999]8)
    For retired workers according to the special types of retirement conditions, is engaged in headroom and heavy labor must work in the types of jobs accumulated over 10 years, be engaged in underground work and high temperature in the types of jobs accumulated over 9 years, engaged in other harmful health work must work in the position on the cumulative for 8 years.