On May 28th, the Supreme People's Procuratorate held a press conference with the theme of "Strengthening the Supervision of Effective Administrative Judgments and Promoting Strict Law Enforcement and Fair Judiciary", focusing on the release of the 51st batch of guiding cases on the supervision of effective administrative judgments. The Deputy Prosecutor General of the Supreme People's Procuratorate, Zhang Xueqiao, introduced the relevant situation of this batch of guiding cases. "Administrative prosecutors' handling of cases should pay attention to grasping the spirit of the rule of law contained in specific legal provisions. On the basis of clarifying legal facts and legal relationships, combined with the organic unity of legal principles and emotions, they should make explanations that are most in line with the socialist spirit of the rule of law, avoiding mechanical justice and case handling." Zhang Xueqiao stated that with the deepening of comprehensive rule of law, the people have higher expectations and demands for lawful administration and fair justice. In recent years, the number of cases where parties are dissatisfied with the effective administrative judgments of the court and apply for supervision has increased significantly year by year, with an average annual increase of 21.7% in the past five years. In 2023, the number of cases reached 24975, an increase of 1.7 times from 2018. The number of administrative appeal cases accepted by 17 provincial procuratorates exceeded that of civil appeal cases. "The release of this batch of guiding cases is an objective need to promote the consensus on the rule of law between judicial and administrative organs, fully reflecting the important role of administrative litigation supervision in unifying law enforcement and judicial standards, interpreting strict laws and the relationship between law and time, and coordinating the application of legal provisions and judicial policies. It is a vivid footnote to the new era of administrative prosecution's promotion of lawful administration and fair justice through high-quality and efficient legal supervision." This batch of guiding cases is the fifth batch of administrative prosecution guiding cases released by the Supreme People's Procuratorate, with a total of four cases, namely, Li v. the Human Resources and Social Security Bureau of a certain city in Hubei Province, the People's Government of a certain city for work-related injury insurance qualification recognition and administrative reconsideration litigation supervision, and a village committee v. a certain city in Heilongjiang Province for not accepting work-related injury insurance. Administrative Registration Litigation Supervision Case of the movable property registration center, Zhi Moulan sued the Natural Resources and Planning Bureau of a certain city in Shandong Province for the supervision of the registration lawsuit of the right to use homestead land, and Zhao Moulan sued the Retired Soldiers Affairs Bureau of a certain banner in Inner Mongolia Autonomous Region for the supervision lawsuit of providing regular living allowances to the children of martyrs. This batch of guiding cases is selected from over a hundred excellent administrative litigation supervision cases handled in various regions since 2020, covering areas such as work-related injury recognition, deduction of litigation period, land registration, and distribution of living allowances for martyr families. The focus is on "putting the people at the center" and safeguarding the legitimate rights and interests of the people. For example, in the case of Zhi Moulan v. the Natural Resources and Planning Bureau of a certain city in Shandong Province, there are clear provisions in the laws and regulations, but the judicial judgment is still not unified. The procuratorial organs carry out litigation supervision, correct erroneous effective administrative rulings, and legally protect the right of non members of the collective economic organization to apply for the registration of the right to use rural homesteads after inheriting the houses on the homestead. (Lai Xin She)
Edit：Jia jia Responsible editor：Liling
Source：jcrb.com
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