Actively and prudently carry out supervision of administrative violations
2024-05-14
Recently, the Supreme People's Procuratorate issued the "Opinions on the Supervision of Administrative Illegal Acts by People's Procuratorates in the Performance of Administrative Litigation Supervision Responsibilities" (hereinafter referred to as the "Opinions"), aiming to guide procuratorial organs at all levels to carry out supervision of administrative illegal acts, adhere to active exploration, steady promotion, standardized and orderly, and strive to make work practical, step by step, and achieve practical results. The Opinion points out the principles that procuratorial organs should adhere to when carrying out administrative litigation supervision responsibilities, including adhering to the leadership of the Party, putting the people at the center, adhering to legal and standardized supervision, adhering to precise supervision, emphasizing both supervision and support, and promoting collaborative supervision. We must adhere to the positioning of the legal supervision function, uphold an objective and fair position, respect the laws of administrative power operation, adhere to limited supervision, accurately grasp the scope, methods, and procedures of supervision of administrative illegal acts in the performance of administrative litigation supervision responsibilities, based on facts and laws, implement case-based handling, follow the principle of humility, do not intervene in ongoing administrative procedures, do not exercise administrative power on behalf of others, and do not replace administrative litigation. The Opinion clarifies the scope, standards, and focus of conducting supervision over administrative violations. If the procuratorial organs find that the administrative organs have "exceeded their powers", "insufficient main evidence", "errors in the application of laws and regulations", "violations of legal procedures", "obvious impropriety", "failure to perform or neglect to perform their powers" and other illegal or non exercise of their powers, which meet the conditions stipulated in the "Opinions" and are indeed necessary, they can initiate the administrative illegal behavior supervision procedure and urge them to correct it in accordance with the law. Always focus on the center and serve the overall situation, targeting key issues such as difficulties that seriously affect the high-quality development of the economy and society, hot topics strongly reflected by the people, and bottlenecks in social governance. Pay close attention to key areas closely related to the implementation of major national strategies, the protection of people's livelihoods, and the construction of a business environment. Focus on administrative disputes that affect the legitimate rights and interests of administrative counterparties, and increase supervision of serious administrative acts and omissions. The Opinion emphasizes the need for strict case handling procedures, with detailed requirements for case acceptance, similar case acceptance, investigation and verification, handling decisions, prosecutorial suggestions, termination of review, transfer to relevant departments for processing, processing deadlines, tracking feedback, request reports and filing, and reference processing. In the reverse connection between administrative law enforcement and criminal justice, if the administrative procuratorial department of the People's Procuratorate discovers that the administrative authority is illegally exercising its powers or is unable to exercise its powers, or if the comprehensive performance departments such as juvenile procuratorates and intellectual property procuratorates discover cases of administrative illegal behavior supervision in the performance of their duties, they shall handle them in accordance with the Opinions. The Opinion points out the need to improve the supporting work mechanism. Promote the deep integration and development of criminal prosecution, civil prosecution, administrative prosecution, and public interest litigation prosecution, and optimize the internal coordination mechanism of the procuratorial organs. Establish and improve the system for people's procuratorates to listen to the opinions of administrative organs. Strengthen the system concept, collaborate in government activities such as administrative law enforcement supervision and case evaluation, carry out supervision of administrative illegal behavior, form a joint supervision force, and enhance the effectiveness of supervision. The Opinion also puts forward requirements for standardizing case jurisdiction and clue management, strengthening organizational leadership, and so on. (Lai Xin She)
Edit：Wangchen Responsible editor：Chenjie
Source：jcrb.com
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