Jointly promoting comprehensive rule of law through stronger law enforcement and judicial cooperation

2023-11-22

The report of the 20th National Congress of the Communist Party of China specifically emphasizes "strengthening the legal supervision work of procuratorial organs" in the special chapter "Adhering to comprehensive rule of law and promoting the construction of a rule of law China". The Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era and the implementation opinions of the Beijing Municipal Party Committee put forward clear requirements for the reverse connection of execution and the supervision of administrative violations, emphasizing that "the procuratorial organ should improve the system of administrative punishment, administrative punishment or other punishment for suspect who decide not to prosecute according to law", If a procuratorial organ discovers that an administrative organ has illegally exercised its powers or is unable to exercise its powers in the performance of its legal supervision duties, it may, in accordance with legal provisions, formulate and issue procuratorial suggestions to urge it to make corrections. The Beijing procuratorial organs implement the deployment of the requirements of the central government, the Beijing Municipal Party Committee, and the highest level of procuratorial work, and carry out their duties with higher quality and efficiency in administrative procuratorial work, promoting the construction of a higher level of rule of law in China. Based on the constitutional positioning of legal supervision, promote the formation of a new pattern of administrative prosecution. The Opinions of the Supreme People's Procuratorate on Promoting the Bilateral Connection of Execution and the Supervision of Administrative Illegal Acts to Establish a System for the Connection of Prosecutorial Supervision and Administrative Law Enforcement clarify that the reverse connection work is led by the administrative procuratorial department, which not only promotes the construction of a two-way connection loop, but also enriches the administrative procuratorial function. Supervision within litigation is a traditional business and basic function of administrative prosecution, and strengthening the supervision of effective administrative judgments, administrative trials, and execution activities is the top priority of administrative prosecution. After the internal optimization and adjustment of the procuratorial function, the reverse connection provides a clear basis for the supervision of administrative illegal acts to be discovered in the performance of legal supervision responsibilities, becoming a new business growth point for the procuratorial organs. The Beijing procuratorial organs have always adhered to the constitutional positioning of legal supervision, actively and steadily promoted the extension of non litigation supervision, further enriched and comprehensively deepened administrative procuratorial supervision, and contributed to the formation of a new pattern of administrative procuratorial supervision in the capital procuratorial power. Strengthen collaboration and cooperation, and establish a system for connecting procuratorial supervision and administrative law enforcement. Legal supervision is not a "zero sum game" where you are wrong and I am right. The focus of coordinating the reverse connection of execution and supervising administrative illegal behaviors is not on "supervision and correction", but on strengthening "cooperation and cooperation" to ensure that "legal responsibilities must be fulfilled". Taking into account the Party's legal cause and the fundamental interests of the people as a whole, we will actively build a "government procuratorial linkage" platform, promote the inclusion of administrative procuratorial supervision in the supervision content and assessment index system of the construction of a rule of law government, and achieve a win-win, multi win, and mutually beneficial interaction. By relying on big data legal supervision models such as prohibiting punishment (punishment) for specific industries and illegal use of public rental housing, we will strengthen the construction of systems such as information sharing, criminal investigation, case transfer, handling feedback, and joint meetings with relevant administrative authorities. We will build a capital version of the "administrative inspection+administrative law enforcement" working mechanism, and enhance the systematic, holistic, and collaborative nature of comprehensively governing the country and the city in accordance with the law. Deepen the governance of litigation sources, consolidate the joint efforts of law enforcement and judiciary, and assist in the construction of a rule of law government. The procuratorial organs have played an important role in promoting the construction of a rule of law government by actively promoting the governance of litigation sources, which was included in the resolution on the report on the highest level of prosecution work at the first session of the 14th National People's Congress. The administrative procuratorial work of Beijing's procuratorial organs has been deeply implemented and promoted by "grasping the front end and treating diseases before they occur"

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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