Administrative Prosecutors Focus on Strengthening Duty Performance

2023-10-16

The principle of "supporting two parties with one hand" not only supervises the administrative litigation activities of the court, ensures judicial fairness, but also supervises the administrative actions of administrative organs and ensures lawful administration. This is the basic function entrusted to administrative prosecution by law and the most distinctive feature of administrative prosecution in fulfilling its duties. In recent years, administrative prosecution has achieved groundbreaking development, with a significant increase in the change rate of protest in administrative litigation supervision cases and the adoption rate of retrial prosecution suggestions compared to five years ago. The social awareness and recognition of administrative prosecution work have significantly increased. However, it is undeniable that administrative prosecution started relatively late and has a weak foundation, and is still a weak point among the "four major prosecutions". The bird flutters its wings before flying high. At the seminar for prosecutors held in July this year, the Procurator General of the Supreme People's Procuratorate, Ying Yong, pointed out the direction and put forward many specific requirements for the leap from weak to strong administrative prosecution. In a nutshell, the focus of administrative prosecution is to strengthen the performance of duties and achieve effective supervision. Administrative litigation supervision involves both judicial and administrative organs; It involves both laws and regulations as well as policy provisions, with high complexity and strong professionalism. It is the top priority of administrative prosecution work and the key to strengthening the performance of administrative prosecution duties. Faced with the new requirements of the new era, administrative prosecutors should enhance their abilities, prioritize self-improvement, continuously strengthen administrative litigation supervision, and consolidate the foundation for the high-quality and efficient development of administrative prosecutors. Especially for major supervision cases, it is necessary to coordinate and perform duties as one, effectively solving problems such as lack of supervision and inadequate supervision. To strengthen the performance of duties in administrative procuratorial work, it is necessary to actively and steadily explore the supervision of administrative illegal acts, and strive to create new growth points and highlights in procuratorial work. The Decision of the Central Committee of the Communist Party of China on Several Major Issues Concerning the Comprehensive Promotion of Rule of Law and the Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era (hereinafter referred to as the "Opinions"), which were reviewed and passed at the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China, clearly require that if procuratorial organs discover that administrative organs illegally exercise their powers or fail to exercise their powers in fulfilling their legal supervision responsibilities, they should be urged to correct them in accordance with the law. Prosecutorial organs at all levels should actively explore the supervision of administrative illegal acts in accordance with legal authorization and the requirements of the Opinion, starting from improving the mechanism for procuratorial advice work, and urging administrative organs to perform their duties in accordance with the law, promoting administration in accordance with the law, and building a rule of law government. At present, this work is still in the exploratory stage, and we must adhere to seeking truth from facts, actively and steadily explore, while grasping the differences and connections between the supervision of administrative illegal acts and administrative public interest litigation. The relevant departments of the highest level inspection should, while encouraging, formulate corresponding work standards and provide guidance to the next level. The substantive resolution of administrative disputes is an important measure for procuratorial work for the people. Strengthening the performance of administrative procuratorial duties is inseparable from the legal promotion of this work. It should be emphasized that resolving administrative disputes is not an original approach of the procuratorial organs, let alone their exclusive responsibility. The resolution of the contradictions and disputes behind the "civil lawsuit against officials" cannot be achieved without the concerted efforts and division of labor and cooperation of various organs and departments, including the procuratorial organs. As a national legal supervision agency, the procuratorial organs should focus on fulfilling their legal supervision responsibilities, and work with people's courts, administrative agencies, and other legal norms to promote the essence of administrative disputes related to the submission of protest or retrial procuratorial suggestions

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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