Case Concerning Litigation Supervision of the Payment of Regular Subsistence Allowances for the Children of Martyrs of Zhao X vs. Bureau of Veteran Affairs of X Banner in Inner Mongolia Autonomous Region
(SPP Guiding Case No. 208)
Key words
Supervision of final administrative judgments; Administrative payment; Starting Date of subsistence allowance payments to the children of martyrs; Procuratorial recommendation for retrial; Similar-case supervision
Summary
Providing regular subsistence allowances to the children of martyrs is an important manifestation of China's preferential treatment and relief system. Administrative organs shall proactively perform their duties to ensure that eligible administrative counterparts receive such material assistance in a timely manner. The starting date of subsistence allowance payments to the children of martyrs shall be determined in accordance with the relevant laws, regulations, and policies, and shall not be affected by whether the children of martyrs are aware of these laws, regulations, and policies, or by the timing of their application. Where a people's court fails to correct an administrative organ's failure to follow the procedures and standards prescribed in the relevant laws, regulations, and policies in granting regular subsistence allowances to the children of martyrs, the people's procuratorate shall exercise supervision in accordance with the law.
Relevant provisions
Article 66 of the Law of the People's Republic of China on National Defense
Article 2 of the Regulations on Honoring Martyrs
Article 2 of the Regulations on Preferential Treatment and Relief for Military Service Members
Articles 34 (1), 37, 70, 91, and 92 of the Administrative Procedure Law of the People's Republic of China
Articles 119 and 122 of the Interpretation by the Supreme People's Court on the Application of the Administrative Procedure Law of the People's Republic of China
Articles 84, 119 (2), and 120 of the Rules for the Supervision of Administrative Proceedings by the People's Procuratorates
