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体育馆路派出所关于刘春田来访要求的核查报告
分局:
2010年7月28日,分局转交了刘春田的来访要求。主要情况如下:
一、信访人的基本情况
刘春田,男,现年56岁,电话:13693572120,户籍地为观马胡同,目前无业。
二、来访人的主要要求
该人反映他的人事档案被派出所丢失,要求补齐档案。
三、承办单位解决该来访要求所做的主要工作
刘春田称,2005年,他到派出所找过档案,民警答复未找到。因当时刘春田并不确定他的档案就在派出所内。该人后于2009年底回到他原单位北京市化工机械厂查找档案,化工机械厂将1992年他的档案转入体育馆路派出所时的回执单交予该人。此时刘春田才知道他的档案就在派出所内,随即到派出所继续查找。派出所经细致查找仍未发现,随即告知刘春田他的档案丢失。
2010年以来,派出所与刘春田多次接触,就档案丢失问题进行协商。主要工作情况:经派出所询问原崇文区劳动和社会保障局,自2008年起,凡是当年档案转入派出所后丢失的,后补档案劳动和社会保障局一律不予认证。但是2010年夏季,在当事人一再要求下,派出所联系他的原单位,已为他补办大部分档案。该部分档案现在该人手中自行保管,派出所留有复印件。
四、2011年以来信访人情况
2011年初,刘春田开始向分局提出档案丢失补偿金。他提出的补偿金额总计132万。对此,派出所已经及时向分局滕健政委进行了汇报。滕健政委指出:因补偿金数额过大,分局无法承受。建议该人提起行政诉讼,走司法途径解决问题。2011年3月中旬,派出所已经明确将分局意见告知他本人。
2011年5月20日上午,刘春田再次打电话给派出所政委王人一,问分局将如何处理其档案丢失一事。王人一再次明确告知刘春田,因他提出的金额过大,分局无法接受。希望刘春田提起行政诉讼,通过司法程序处理此事。
2011年5月20日
关于刘春田信访要求工作情况的报告
市局:
分局收到市局转办的刘春田信访要求[京公办信(访)字507735号] 后,分局领导高度重视,立即责成体育馆路派出所开展工作。主要情况如下:
一、信访人的基本情况
刘春田,男,56岁,户籍地:东城区观马胡同,无业,联系电话:13693572120。
二、来访人的主要要求
反映他于1992年将人事档案存在体育馆路派出所,被体育馆路派出所丢失,要求补齐档案并赔偿经济损失。
三、分局开展的主要工作
2005年刘春田到体育馆路派出所找过人事档案,派出所民警答复未找到。当时由于没有体育馆路派出所出具的人事档案存放回执单,体育馆路派出所无法确定他的人事档案在派出所内存放。2009年底,刘春田回到他原单位北京市化工机械厂查询其他的人事档案情况。北京市化工机械厂将1992年刘春田人事档案转入体育馆路派出所时派出所出具的存放回执单交予刘春田。刘春田持人事档案存放回执单到体育馆路派出所继续查找。派出所经多次查找仍未找到刘春田的人事档案,告知刘春田人事档案丢失。
2009年以来,体育馆路派出所与刘春田就人事档案丢失问题多次进行协商,并积极与原崇文区社会保险基金管理中心及北京市化工机械厂进行沟通。通过协调为刘春田补办人事档案。目前,刘春田的人事档案已补办了绝大部分,并已交予刘春田本人保管。个别的材料因具备出具证明的单位已不存在等原因无法补办。通过咨询原崇文区劳动和社会保障局,崇文区劳动和社会保障局明确答复:自2008年起,凡是当年人事档案转入派出所后丢失的,补办的人事档案劳动和社会保障局一律不予认证。
2011年,刘春田提出因体育馆路派出所将他的人事档案丢失要求经济补偿金额总计132万人民币。体育馆路派出所及时将信访人提出的要求向分局进行了汇报。分局经研究,因他提出的补偿金数额过大且没有相关法律依据,建议刘春田到人民法院通过行政诉讼解决此事。体育馆路派出所将工作意见明确告知了刘春田。但刘春田讲,这件事如果法院判决最多也就赔个三、四万元。如果公安局直接赔偿的金额要多,所以就找公安局赔偿。他坚持要求赔偿132万元人民币。
四、目前信访人的情况
2011年5月20日上午,刘春田再次打电话给体育馆路派出所,询问分局如何处理其人事档案丢失一事。体育馆路派出所告知刘春田,因他提出的赔偿金额过大,且没有相关的法律依据,分局无法给予经济赔偿。建议刘春田到法院提起行政诉讼,通过司法程序解决此事。刘春田表示坚决不去法院,要求分局直接赔偿。
东城公安分局
2011年6月2日
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The verification report of Liu Chuntian’s visit request from the Tiyuguan Road Police Station
Branch:
On July 28, 2010, the sub-bureau forwarded Liu Chuntian’s request for a visit. The main situation is as follows:
- Basic information of petitioners
Liu Chuntian, male, 56 years old, phone: 13693572120, registered at Guanma Hutong, currently unemployed. - Main requirements of visitors
The person reported that his personnel file was lost by the police station and requested to complete the file. - The main work done by the organizer to solve the visit request
Liu Chuntian said that in 2005, he went to the police station to find the files, but the police replied that they could not find them. Because Liu Chuntian was not sure that his file was in the police station. At the end of 2009, the person returned to his original unit, Beijing Chemical Machinery Factory, to search for the files. The Chemical Machinery Factory handed over to the person the receipt when his files were transferred to the Gymnasium Road Police Station in 1992. Only then did Liu Chuntian know that his files were in the police station, and he went to the police station to continue searching. The police station did not find it after careful searching, and immediately informed Liu Chuntian that his file was lost.
Since 2010, the police station has contacted Liu Chuntian many times to negotiate on the issue of lost files. Main work situation: After the police station inquired about the former Chongwen District Labor and Social Security Bureau, since 2008, the Labor and Social Security Bureau will not approve any files lost after being transferred to the police station. However, in the summer of 2010, at the repeated request of the person concerned, the police station contacted his original unit and completed most of the files for him. This part of the file is now kept by the person himself, and the police station has a copy.
- Situation of letters and visitors since 2011
At the beginning of 2011, Liu Chuntian began to ask the branch office for compensation for the loss of files. The total amount of compensation he proposed was 1.32 million. In this regard, the police station has promptly reported to the political commissar Teng Jian of the sub-bureau. Political commissar Teng Jian pointed out that the sub-bureau could not afford the compensation due to the excessive amount. It is suggested that the person file an administrative lawsuit and take judicial channels to solve the problem. In mid-March 2011, the police station had clearly notified him of the branch’s opinion.
On the morning of May 20, 2011, Liu Chuntian called Wang Renyi, the political commissar of the police station again, and asked how the police station would deal with the loss of his files. Wang Renyi once again clearly informed Liu Chuntian that the branch office could not accept the amount he proposed because it was too large. It is hoped that Liu Chuntian will initiate an administrative lawsuit and deal with this matter through judicial procedures.
May 20, 2011
Report on Liu Chuntian’s request for letters and visits
Municipal Bureau:
After the sub-bureau received Liu Chuntian’s letter and visit request transferred by the Municipal Bureau [Jing Gong Ban Xin (Visit) Zi No. 507735], the branch leaders attached great importance to it and immediately ordered the Gymnasium Road Police Station to carry out work. The main situation is as follows:
- Basic information of petitioners
Liu Chuntian, male, 56 years old, household registration: Guanma Hutong, Dongcheng District, unemployed, contact number: 13693572120. - Main requirements of visitors
It reflects that he stored his personnel files in the Tiguan Road Police Station in 1992, but was lost by the Tiguan Road Police Station. He demanded to complete the files and compensate for economic losses. - The main work carried out by the sub-bureau
In 2005, Liu Chuntian went to the Gymnasium Road Police Station to search for personnel files, but the police from the police station replied that they could not find them. At that time, because there was no receipt for the storage of personnel files issued by the Tiguan Road Police Station, the Tiyuguan Road Police Station could not confirm that his personnel files were stored in the police station. At the end of 2009, Liu Chuntian returned to his original unit, Beijing Chemical Machinery Factory, to inquire about other personnel files. Beijing Chemical Machinery Factory handed over to Liu Chuntian the deposit receipt issued by the police station when Liu Chuntian’s personnel files were transferred to the Tiyuguan Road Police Station in 1992. Liu Chuntian took the personnel file deposit receipt to the Gymnasium Road Police Station to continue searching. The police station did not find Liu Chuntian’s personnel file after many searches, and informed Liu Chuntian that the personnel file was lost.
Since 2009, the Tiyuguan Road Police Station has negotiated with Liu Chuntian many times on the issue of the loss of personnel files, and actively communicated with the former Chongwen District Social Insurance Fund Management Center and the Beijing Chemical Machinery Factory. Through coordination, the personnel files were reissued for Liu Chuntian. At present, most of Liu Chuntian’s personnel files have been supplemented and handed over to Liu Chuntian himself for safekeeping. Individual materials cannot be reissued due to reasons such as the absence of the unit that issued the certificate. After consulting the former Chongwen District Labor and Social Security Bureau, the Chongwen District Labor and Social Security Bureau gave a clear answer: Since 2008, any personnel files that were lost after being transferred to the police station in that year will not be certified by the Labor and Social Security Bureau. .
In 2011, Liu Chuntian requested a total of 1.32 million yuan in economic compensation for the loss of his personnel files by the Tiyuguan Road Police Station. The Gymnasium Road Police Station promptly reported the requests made by the petitioners to the sub-bureau. After research, the branch suggested that Liu Chuntian go to the people’s court to resolve the matter through administrative litigation because the amount of compensation he proposed was too large and there was no relevant legal basis. The Gymnasium Road Police Station clearly informed Liu Chuntian of his work opinions. But Liu Chuntian said that if the court decides this matter, the maximum compensation will be 30,000 to 40,000 yuan. If the amount of direct compensation from the Public Security Bureau is large, then the Public Security Bureau will be asked to compensate. He insisted on demanding compensation of 1.32 million yuan.
- Current Situation of Petitioners
On the morning of May 20, 2011, Liu Chuntian called the Gymnasium Road Police Station again, asking how the police station handled the loss of his personnel files. The Gymnasium Road Police Station informed Liu Chuntian that because the amount of compensation he proposed was too large and there was no relevant legal basis, the sub-bureau was unable to pay financial compensation. It is recommended that Liu Chuntian go to the court to file an administrative lawsuit and resolve the matter through judicial procedures. Liu Chuntian said that he would not go to the court and demanded direct compensation from the branch office.
Dongcheng Public Security Bureau
June 2, 2011