To solve the problem with "reality" and make administrative litigation supervision more powerful and effective
2024-05-27
"We need to continuously strengthen the supervision of effective administrative judgments, which is the 'top priority' of administrative litigation supervision, and comprehensively improve the quality and efficiency of administrative litigation supervision!" "We need to discover deep-seated problems in the supervision of administrative violations!"... Recently, the 6th National Advanced Training Course on Practical Administrative Prosecutors was held at the Beidaihe Prosecutorial Technical Support Center of the Supreme People's Procuratorate. Focusing on the supervision of effective administrative judgments, facing the new era of difficult problems in cracking supervision, the Supreme Procuratorate Party Group has a clear plan for administrative prosecution: the focus is on administrative litigation supervision, strengthening performance, and achieving effective supervision of administrative litigation and execution activities; We must solidly and orderly promote the connection between execution and supervision of administrative violations. The focus of this training course is to increase the supervision of administrative effective judgments, comprehensively improve the quality and efficiency of administrative litigation supervision, coordinate the promotion of the two-way connection of execution and the supervision of administrative illegal acts, promote the organic unity of supervision quantity, quality, efficiency, and effect, and clarify the ideas, methods, and paths of administrative prosecution work in the current and future periods. The course combines theory and practice, including theoretical teaching by legal experts, experience sharing by case handling prosecutors, and the transmission of knowledge by practical experts in the court. The reporter listened throughout the entire process, and the biggest feeling was that the training class was problem oriented, highlighting the problem of insufficient and insufficient supervision of administrative litigation supervision, especially the supervision of effective administrative judgments. It also highlighted the interpretation and implementation of new normative documents, the reverse connection of execution, and the supervision of administrative violations. Zhang Xiangjun, Director of the Seventh Procuratorate of the Supreme People's Procuratorate, gave the first lecture on "Strengthening the Performance of Administrative Prosecutors, Serving the General Situation More Powerfully, Serving the People's Justice as a Legal Responsibility". He analyzed case data, dissected "sparrows", proposed practical measures to further increase the supervision of administrative effective judgments, solidly promote the special action of "Prosecutors Protecting Enterprises" and "Prosecutors Protecting People's Livelihoods", and interpreted in detail the "Opinions on the Supervision of Administrative Illegal Acts by People's Procuratorates in the Performance of Administrative Litigation Supervision Responsibilities". Professor Zhang Zhiyuan from East China University of Political Science and Law reviewed the "golden five years" of the development of administrative prosecution and taught the "ways of procuratorial supervision for effective administrative judgments in the new era.". He stated that in the new era, the procuratorial supervision of administrative effective judgments should absorb disputes, supervise the rejection of lawsuits by too many court rulings, supervise administrative judgments with incorrect legal application, and integrate legal reasoning into judicial cases. The lesson "The Role and Responsibilities of Prosecutors in Administrative Litigation" taught by Professor Liu Yi from China University of Political Science and Law provides theoretical support for administrative prosecution to better open up the situation. In her view, although protests are at the end of the administrative dispute resolution mechanism, the procuratorial organs can rely on their constitutional positioning as legal supervision organs, and strive to play a greater role in China's rule of law process from both political and legal perspectives. It is reported that this training course continues the "three unifications of co construction and sharing" education and training model and the "prosecutor teaches prosecutors" conductive training method. It adopts various forms such as special lectures, on-site interaction, and case teaching, and is broadcasted through the television conference system. The effect is extended to the administrative and procuratorial departments of procuratorates at all levels, and the understanding and application of "high-quality and efficient handling of every case" will be transmitted to the "last mile". Integrating the "three virtues" into the entire process of administrative litigation supervision, will the procuratorial organs have no "place to use" after the first instance, second instance, and retrial of the court? Want to protest but have no room for action? In response to the questions raised in the practice of supervising administrative effective judgments by grassroots procuratorial organs, this training is specifically designed to provide a "response": Zhang Buhong, a senior prosecutor at the seventh level of the Supreme People's Procuratorate, focused on "the reasons for administrative protests" and gave a special lecture, providing a "plan" for high-quality and efficient handling of administrative protest cases from the basic principles and application of administrative protests; Hu Wenzheng, the prosecutor in charge of the Seventh Procuratorate of the Supreme People's Procuratorate, gave a lecture on "Practical Supervision of Administrative Litigation Execution and Non Litigation Execution". Based on the current situation and common problems of administrative execution supervision, he proposed a path to achieve high quality and efficiency in administrative execution supervision... "Administrative effective judgment supervision cases are often complex, controversial, and have great obstacles in the handling process, which is a test of their own quality and ability, as well as their understanding and grasp of the" Three Good "." Xu Shaofei, the director of the Seventh Procuratorate Department of Jiangsu Provincial Procuratorate, believes that "this training not only deepened my understanding of the positioning and responsibilities of administrative prosecution, but also enhanced my awareness and confidence in doing a good job in administrative prosecution." The experience teaching of frontline case handling prosecutors also allowed the general public. Students are still unsatisfied: Song Yanmin, Director of the Seventh Procuratorate Department of Shandong Provincial Procuratorate, based on Shandong's administrative prosecutorial practice, Shared practical and effective measures for handling administrative effective judgment supervision cases with high quality and efficiency; Prosecutor Gao Jun from the Seventh Prosecutor's Department of Anhui Provincial Procuratorate analyzed the constituent elements and procedures of administrative compensation, and discussed with everyone the problems in the supervision of administrative compensation litigation practice; Huo Lina, Deputy Prosecutor General of Mentougou District Procuratorate in Beijing, gave a lecture on the Mentougou experience of empowering the construction of a rule of law government through the linkage between government and procuratorate; Zheng Xuan, Director of the Sixth Procuratorial Department of the Linyi City Procuratorate in Shandong Province, provided a solution to several issues regarding the necessity of reviewing the issuance of prosecutorial opinions in the reverse connection of execution in Linyi; Wang Peiwei, Director of the Fifth Procuratorial Department of the Ningbo Procuratorate in Zhejiang Province, Yang Cangcang, Director of the Administrative Procuratorial Department of the Ganzhou Procuratorate in Jiangxi Province, and Yu Fang, Prosecutor of the Fourth Procuratorial Department of the Honggang District Procuratorate in Daqing City, Heilongjiang Province, respectively provided "samples" of digital supervision of administrative prosecution from big data legal supervision models such as "minor offenses and heavy penalties", catering administrative penalties, and payment of wages for migrant workers in the field of engineering construction. "The teaching of frontline business backbone has provided many new ideas for solving the" bottleneck "problem of administrative prosecution." These "grounded" and "hot" experiences have given Wang Ping, the head of the Seventh Procuratorial Department of the Shaanxi Provincial Procuratorate, many new thoughts. "This is a new experience." The feast of learning and practical training is not only a great discussion on how to integrate the 'three virtues' into performance practice and transform them into the effectiveness of rule of law construction This training class also has a special arrangement to transform the full load of new gains into new achievements in legal supervision. Zhang Xueming, Assistant Senior Judge of the Administrative Trial Division of the Supreme People's Court, gave a special lecture on "Exploration of Practical Issues Related to Land and Housing Expropriation and Compensation". Supervisors and "supervised" individuals had face-to-face exchanges, allowing students to think from multiple perspectives and at a deeper level about the mission of administrative effective judgment supervision. "Court practice experts walked into the prosecutorial classroom and sorted out the controversial issues in the handling of such cases. They hit the nail on the head and faced the disputes directly. This not only provided specific reference for frontline administrative prosecutors to better carry out administrative effective judgment supervision, but also further consolidated the consensus of judicial concepts in the new era." Wang Xiaoli, prosecutor of the Seventh Procuratorate Department of Hubei Provincial Procuratorate, said. Through the analysis of the teaching teacher and in-depth discussions with administrative prosecutors from all over the country, Yang Wei, a full-time member of the Procuratorate Committee of Jiangle County in Fujian Province, was deeply inspired: "After more than five years of 'melting furnace forging', administrative litigation supervision has made unprecedented development, and also faces unprecedented opportunities and challenges. This training 'quenching thirst' and 'dispelling confusion' has pointed out the direction for grassroots administrative effective judgment supervision work, further making high-quality and efficient handling of every case a 'converter' that can be felt and felt for fairness and justice." During an interview with Wang Caihong, the director of the Fourth Procuratorate Department of Taiyuan Railway Transport Branch of the Shanxi Provincial Procuratorate, the reporter learned that this training also used spare time to train on the railway. How to conduct a "brainstorming" on the issue of administrative prosecution after the reform of centralized jurisdiction over cross regional administrative cases by the procuratorial organs . For her, this is more like an "extra meal": "I will bring back the expectation of the highest level of inspection, and transform the advanced experience of 'input' and the 'inspiration and spark' from 'collision' into tangible results of administrative procuratorial practice." Chen Yingxiang, the director of the Fifth Inspection Department of the Linzhi Municipal Procuratorate of the Xizang Autonomous Region, particularly cherishes this "recharging" opportunity: "Five days of closed training, turning our questions and doubts into answers and gains. After returning to work, I will convey what I have learned to my Xizang administrative procuratorial colleagues, and we will set foot on local reality to help the administrative procuratorial work deeper and more practical. More effective." "This seminar is a training for administrative procuratorial teams to improve their ability and skills, and it is also a deployment and mobilization for improving the quality and efficiency of administrative litigation supervision in an all-round way." Zhang Xiangjun said, This year, the Standing Committee of the National People's Congress will listen to and review the special report of the Supreme Procuratorate on the administrative prosecutorial work of the People's Procuratorate. Administrative prosecutorial departments at all levels will comprehensively review the development of administrative prosecutorial work since 2019, and use this as an important opportunity to deepen supervision. They will stand firm in the focus of administrative litigation supervision, continuously strengthen the supervision of effective administrative judgments, coordinate and strengthen the supervision of administrative illegal acts, prosecutorial supervision, and administrative law enforcement, promote the substantive resolution of administrative disputes in accordance with the law, strive to promote the high-quality development of administrative prosecutorial work, and better fulfill their duties in the comprehensive rule of law. (Lai Xin She)
Edit：Ying Ying Responsible editor：Shen Chen
Source：jcrb.com
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