Which department lost the social security card, where should I sue and who should I sue?

On March 20 1 July1day, I went to Shangrao County Social Security Bureau (Human Resources and Social Security Bureau) to check my social security card. The staff of the information center asked, "Did you have rural insurance before?" I said, "20 12, I have a rural insurance. My father said that rural insurance was not cost-effective, so I retired rural insurance and switched to social security (urban employee pension insurance). "

The staff said: "yours is a rural insurance card, so you have to go to the rural insurance office to get it." I asked: "The rural insurance was retired in less than a month. Why is there an agricultural insurance card? Do you want to change it to a social security card? " The staff said: "The agricultural insurance card and the social security card are one card, that is, the social security card, and there is no need to change cards."

When I went to the Agricultural Insurance Bureau to apply for a certificate, the staff said, "We only apply for a certificate here, regardless of the card. The province's unified business card printing. Please check with the Information Center of Social Security Bureau to see where the card has been sent. Or go to the street office, the agricultural insurance office, and the community neighborhood Committee to check the whereabouts of the card. "

I'm so confused that I don't know where to find the card. I am also a road idiot. I only know the way home, so I have to ask my father for help. Dad asked me what the Agricultural Insurance Bureau said. I don't understand the answer.

Dad sighed: "You are really not as good as your eldest daughter. Although she is only eleven years old, I don't have to worry about anything. I also use my own money to buy clothes and electronic keyboards. " "I not only enrolled in school, but also helped my sister enroll in school."

We went to the Agricultural Insurance Bureau, Social Security Bureau, Community Neighborhood Committee, and the Agricultural Insurance Office of Xuri Street Office, but we didn't find the card. We asked the rural endowment insurance office to issue a certificate that the social security card was not in the rural endowment insurance office, and stamped the official seal of Shangrao County Rural Endowment Insurance Office. We came to the Social Security Bureau again, found the director of the information center, asked the staff to provide information, found out the whereabouts of the card and printed it out.

The information printed by the staff shows that the collection time of the collection agency is 2065438+February 27, 2004. The payee of the collection agency is Zhao, the business owner of Xuri Street, Xuri Sub-district Office of Shangrao County, and has Zhao's ID number. Collection date of collection agency: 2065438+March 25th, 2004.

We came to the community neighborhood Committee again. The people in the neighborhood Committee said there was no such person. A staff member said that Zhao is the director of the Rising Sun Neighborhood Committee of the Rising Sun Sub-district Office, and his name is Zhao. Zhao said he couldn't find my social security card. My father was angry and said that he would go to the police station to sue Zhao for taking my social security card, and he would also go to the Rising Sun Town Government to sue him. After contacting for a long time, Director Zhao asked someone to check with the Social Security Bureau.

We rushed to the Social Security Bureau and asked the staff of the Rising Sun Neighborhood Committee to write a certificate. I hope he can write a report of loss so that it can be reissued. My father thought they wouldn't admit losing my social security card, but asked him to write a certificate that I hadn't handled it. He asked the Social Security Bureau to conduct a thorough investigation of the certification materials.

I just feel completely chilling. All departments are inaction and shirking their responsibilities. The Social Security Bureau pushed the responsibility to the Agricultural Insurance Bureau, which pushed it to the neighborhood committee, the neighborhood committee pushed it to the Agricultural Insurance Institute, the Agricultural Insurance Institute pushed it to the Social Security Bureau, the Social Security Bureau pushed it to Director Zhao, and Director Zhao pushed it to the Agricultural Insurance Bureau. Who will be willing to take responsibility? How does the Agricultural Insurance Bureau manage the neighborhood committee?

Because I have to work at night, I have to wait until the next holiday. First of all, I will write an application for filing a case and an application for administrative reconsideration and report it to the town government and the Rising Sun Sub-district Office.

Application for filing a case: the name, gender, date of birth, position, ID number and contact number of the applicant and the respondent.

Application: Request the police station to file a case to investigate that the respondent fraudulently used his social security card. According to Article 108 of the Criminal Procedure Law, the public security organ, the people's procuratorate or the people's court shall accept reports, complaints and reports. If it does not belong to its own jurisdiction, it shall be transferred to the competent authority for handling.

According to laws and regulations such as 1 10 Work Rules for Receiving and Handling Police, any police officer must answer, and anyone who reports it must call the police, and no excuses shall be given. Those not under the jurisdiction of the police can be handed over to relevant departments for handling. If the informant asks for a statement, the police must make a statement. If there is a record, there must be a result. If the police do not act, the informant has the right to report to the police supervision department of the public security organ or call 1 10 to complain.

Facts and reasons: According to the evidence provided by the Information Center of the Social Security Bureau, my social security card was taken away by Zhao, director of Xuri Neighborhood Committee of Xuri Sub-district Office in Shangrao County, on March 25th, 20 14. Just because he didn't find my social security card doesn't prove that he didn't apply for my social security card. The social security card has set up a medical insurance account with medical insurance function. Citizens can use social security cards to buy medicines. There are more than 20,000 yuan in my social security card, and there is a risk that my medical expenses will be stolen.

Article 34 of the Administrative Procedure Law stipulates that the defendant bears the burden of proof for a specific administrative act and shall provide the evidence and normative documents on which the act is based. (Provisions of the Supreme People's Court on Several Issues Concerning Evidence in Administrative Litigation) If the defendant fails to provide evidence or fails to provide evidence within the time limit without justifiable reasons, it shall be deemed that there is no corresponding evidence. Article 37 The plaintiff may provide evidence to prove that the administrative act is illegal. If the evidence provided by the plaintiff is invalid, the defendant shall not be exempted from the burden of proof. Article 70. Under any of the following circumstances, the people's court shall order the cancellation or partial cancellation of the administrative act, or may order the defendant to make the administrative act again. (1) If the main evidence is insufficient ... According to these laws and regulations, as long as the defendant has no evidence or insufficient evidence to handle my social security card personally, he should bear the legal responsibility of impersonating my social security card and ask Director Zhao to reissue my social security card to ensure the safety of the funds in my card.

The Criminal Law Amendment (IX) amended Article 208th of the Criminal Law, and used forged, altered or stolen identity cards, passports, social security cards, driver's licenses and other certificates that can prove identity according to law in activities that should provide identity certificates according to state regulations. If the circumstances are serious, they shall be sentenced to criminal detention or public surveillance and shall also or only be fined.

Article 93 of the Social Insurance Law stipulates that any state functionary who abuses his power, neglects his duty or engages in malpractices for personal gain in the management and supervision of social insurance shall be punished according to law. An impostor who refuses to admit it is misappropriation. Regardless of whether Director Zhao used the funds in my social security card, he should bear legal responsibility.

Cizhi police station

Applicant: March 20 17 12.

Application for administrative reconsideration: request for reconsideration: apply for reconsideration to the Xuri Town Government of Shangrao County regarding the fraudulent use of the social security card by the respondent, and ask the respondent to reissue my social security card.

Conditions and reasons for applying for reconsideration: …… Article 39 of the Administrative Reconsideration Law stipulates that the administrative reconsideration organ shall not charge any fees to the applicant when accepting the application for administrative reconsideration.

"Administrative Procedure Law" second, twenty-fifth, "the Supreme People's Court on the implementation of

Article 16 of the Organic Law of People's Republic of China (PRC) Urban Residents' Committee ... Neighborhood committees have certain management functions for residents. Articles 3, 4 and 5 stipulate the functions of neighborhood committees to assist the government or its dispatched agencies to do all the work related to residents, and the law authorizes neighborhood committees to assist the government to do all the specific work. Neighborhood committees are established according to the Constitution and perform public functions, which is in line with the characteristics of local autonomous organizations. The system of administrative subject is inseparable from administrative decentralization and autonomy, and the neighborhood Committee is of course the administrative subject.

Items 4, 5 and 6 of Article 1 1 of the Administrative Procedure Law are illegal performances: refusing to issue, refusing to perform, not replying, and not issuing according to law. Article 93, paragraph 2, of the Criminal Law stipulates that personnel engaged in public service in state-owned companies, enterprises, institutions and people's organizations are regarded as state employees. Paragraph 2 of Article 28 of the Administrative Reconsideration Law stipulates that if the respondent fails to perform his statutory duties, (administrative reconsideration decision) decides to perform it within a certain period of time.

March 15, reported to the police station. I guess my father would say that I didn't write well, so I didn't get his consent. The police registered and copied the materials, saying that "the evidence provided by the Information Center of the Social Security Bureau has no signature and seal and has no legal effect." I said, "What can I do if they don't sign or stamp? You can check with me at the Social Security Bureau. " The police said to check the situation first and call me if there is any result.

When I got home, I showed my father the application form I had written. Father said, "Ask for help. You should be polite and say good things. If they don't handle it, you can talk about those legal provisions and use your superiors to put pressure on them. What will they think if you write like this? Can you feel comfortable in your heart? They will think that you think they don't know the law, but you do? What's more, you haven't written the story clearly, haven't written the key points, and you shouldn't take the director of the neighborhood Committee seriously. All you have to do is ask the police to ask the social security bureau to reissue the social security card. Why do you want to pursue the legal responsibility of Director Zhao? " Let me rewrite it.

Not convinced, I said angrily, "I don't write like that, but I'm afraid they think I don't know the law and I'm easy to bully." In some places, public security courts simply don't understand the law and judge cases indiscriminately. I think we should provide a legal basis for asking Director Zhao to reissue the social security card, so that the police can't shirk their responsibilities. I don't know how to change it You helped me change it. "Dad said:" You are such a big man, you have to rely on yourself for everything, and you can't rely on your father all your life. "I scribbled a few words, but I'm not satisfied with them. I said, "It's too short. If it can't be corrected, why can't it be written in law? " "

The next day, dad wrote the petition materials and asked me to copy them again. The envelope reads: Secretary Xiong of Shangrao County Party Committee personally instructed.

Text: Secretary Xiong: Hello! On February 20 12, he went to the county agricultural insurance bureau to apply for agricultural insurance, and returned the agricultural insurance money within one month. The agricultural insurance bureau cancelled the agricultural insurance and issued a certificate. Then I went to the county social security bureau to apply for social security, and I paid for it for five years continuously, and the funds reached more than 20,000 yuan. I went to the social security bureau to apply for a social security card several times, but all said that it was not done well.

In March this year 1, I asked the director of the Information Center of the Social Security Bureau for help. The information shows that my social security card was taken away by the director of Xuri Village, and the village director issued a certificate saying that he didn't take my card, which is an information display error. My registered permanent residence is in Mei Xin Community Neighborhood Committee of Xuri Sub-district Office, not a villager of Xuri Village. I went to various departments countless times and begged them to help me solve the problem that my social security card was taken away by others, but I couldn't get my social security card back. So I worry day and night, and I am more worried that my vital interests will be damaged.

In desperation, I think you are a parent who cares about people's livelihood and can solve problems for the people. Please lend a helping hand and help me find my rural insurance card. If I can't recover, please ask the Social Security Bureau to help me get a social security card, so that I can get rid of worries and work with peace of mind. I would like to extend my high respect and heartfelt thanks to you.

When we came to the county government, the security guard refused to let us in. When the father explained his purpose, the security guard said, "You should go to the Bureau of Letters and Calls." We had to come to the bureau of letters and calls. When Dad entered the office, the staff scolded, "What do you want to do outside the office? Go to the window." I handed in letters and materials and asked him to pass them on.

The staff said: "We don't do things here. We don't deliver letters. You mail it yourself. " I asked, "What are you doing here?" The staff said, "We are only responsible for handing over the petition materials to the relevant departments here." Dad said, "Then please give the materials to the relevant departments." The staff asked us to copy the materials and register.

Article 6 of the Regulations on Letters and Visits accepts, assigns and transfers the letters and visits provided by the letters and visits. Article 33 Letters and visits shall be settled within 60 days from the date of acceptance. If the situation is complicated, with the approval of the person in charge of this administrative organ, the time limit may be appropriately extended for a maximum of 30 days, and the complainant shall be informed of the reasons for the extension.

The county government can't get in, and the office of the bureau of letters and calls won't let in, which makes dad very wronged. Why is it so difficult to do one thing? I am worried that these public authorities will shirk their responsibilities and do nothing. Can they be trusted?

After running for a few days, all departments are gone. No choice but to write this article in the voice section of Tianya community. The next day, the county network propaganda office transferred this article to the social security bureau, and the staff of the social security bureau found my social security card in the office of the rising sun village Committee. The internet is really amazing.