Strengthening the Supervision of Administrative Effective Judgments and Protecting the Healthy Development of Enterprises
2023-07-12
On July 11th, the Supreme People's Procuratorate focused on the theme of "strengthening the supervision of effective administrative judgments and promoting the optimization of a legal business environment", and released a series of typical cases of "procuratorial work for the people" - administrative procuratorial work with the people (the 13th batch). There are a total of 4 typical cases in this batch, including a case of a certain real estate limited company suing a certain city's water bureau in Sichuan Province for failing to fulfill its statutory duties in procuratorial supervision, a case of a clothing factory suing a certain county's market supervision and administration bureau in Hunan Province for administrative penalty and administrative reconsideration procuratorial supervision, a case of a company suing a certain county's environmental protection bureau and a certain county's people's government in Jilin Province for administrative penalty and administrative reconsideration procuratorial supervision, And a case of a certain construction group limited company suing the Human Resources and Social Security Bureau of a certain county in Jiangsu Province for administrative handling and procuratorial supervision. The report of the 20th National Congress of the Communist Party of China pointed out that we should improve the basic system of market economy, such as property rights protection, market access, fair competition, and social credit, and optimize the business environment. In order to implement the deployment of the 20th National Congress of the Communist Party of China on optimizing the business environment, the Supreme People's Procuratorate, based on summarizing the experience and practice of strengthening the protection of the legitimate rights and interests of market entities in the special activity of "comprehensively deepening administrative procuratorial supervision and protecting people's livelihood and interests in accordance with the law" last year, has deployed a "small special" activity of administrative procuratorial protection and legalizing the business environment this year. During this period, the administrative procuratorial departments of the national procuratorial organs strengthened the supervision of administrative litigation involving market entities, explored the supervision of administrative illegal behaviors involving market entities, strengthened the substantive resolution of administrative disputes involving market entities, and promoted higher levels of social governance through higher level source of litigation governance. Through high-quality and efficient performance of their duties, they ensured that all types of market entities were equally protected by law, and handled a number of representative cases, Assist in creating a legal business environment. The head of the Seventh Procuratorate of the Supreme People's Procuratorate introduced that administrative litigation supervision is the cornerstone of administrative procuratorial supervision. The procuratorial organs, by supervising the effective administrative judgments, rulings, and mediation documents of the court, review the existence of illegal situations in judicial activities and administrative actions in accordance with the law, provide supervisory opinions, and thereby protect the legitimate rights and interests of the parties involved. This batch of typical cases focuses on the protection of the legitimate rights and interests of market entities in the field of supervision of administrative judgment results. Relying on the function of "one hand supporting two", adhering to the concept of penetrating supervision, precise supervision, systematic supervision, and similar case supervision, and comprehensively utilizing methods such as public hearings and procuratorial suggestions, not only promotes the fairness and justice of courts, but also promotes the administration of administrative organs in accordance with the law, guides and promotes enterprises to operate in compliance with the law, and consolidates the joint efforts of safety, commerce, and benefit enterprises, Escort the healthy development of enterprises. For example, in the case of a clothing factory suing the Market Supervision and Administration Bureau of a certain county in Hunan Province for administrative penalty and administrative review procuratorial supervision, although the court's decision was not inappropriate, a clothing factory was in a difficult position due to administrative penalty, and 85 workers may lose their job opportunities. The procuratorial organs will combine the optimization of the legal business environment with the promotion of rural revitalization, carry out substantive resolution of administrative disputes, boost the confidence of enterprise development, and create employment opportunities for local left behind personnel. Taking the opportunity of handling this case, they will establish a cooperation mechanism with the local market supervision and management bureau to jointly provide suggestions for the construction of a legal business environment.
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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