【Pu Law E Station】 Eleven Interpretation of the Interpretation of the Supervision Rules of New Administrative Litigation

The procuratorial organs not only supervise the effective referee made by the people's court in order to make a retrial prosecution proposal or a protest, and supervise the illegal behavior of judges in the administrative lawsuit procedure. Chapter 6 of the People's Procuratorate's Administrative Litigation Supervision Rules made detailed provisions on this function of the procuratorate. In the next two issues, we will take you to understand the scope, methods, and specific situations of the procuratorial organs' supervision of judges in the administrative trial procedure.

Question one

Why supervise the trial procedure?

answer:

"Justice must be achieved, but also to be realized in a visible way." Program is an important guarantee for judicial justice. It is the steps, methods, and stages that all the subjects participating in litigation activities. At the same time The result has an important impact.

The party's normal and comprehensive exercise of litigation rights in the process of administrative trial is an important factor in protecting the fairness and fairness of administrative trials. To this end, the laws and judicial interpretations of the "People's Republic of China Administrative Procedure Law" stipulates strict litigation procedures. Ensure high -quality trials of related cases.

Two

What trial procedures can the procuratorial organs supervise?

answer:

(1) General procedures for the first instance

(2) Simple program

(3) The second instance procedure

(4) Judgment supervision procedure

These four procedures basically cover the main trial procedures for the parties to raise administrative lawsuits. The purpose of administrative lawsuits is to resolve administrative disputes, protect the legitimate rights and interests of citizens, legal persons and other organizations, supervise the administrative organs to exercise their powers in accordance with the law. The specific trial procedure is an organic component of administrative lawsuits. Procuratorate is to supervise these procedures. Implement and protect the legitimate rights and interests of the parties.

Problem three

What are the illegal acts in the administrative trial procedure?

answer:

(1) Judge

(2) People's jurors

(3) Assistant Judge

(4) Secretary

The trial activities are mainly implemented by the above -mentioned judicial personnel participating in the trial work in accordance with the specific division of labor. The trial activities of these judicial personnel will promote the progress of the administrative trial procedure, and they will also have more or less impact on the parties' litigation rights. The procuratorial organs pass through the pass. The procuratorial organs pass through. Supervise it to ensure that the parties' litigation rights are exercised properly.

Problem four

What is the way the procuratorial organs are supervised by judges in administrative trial procedures?

answer:

If the procuratorial organs find illegal acts in the administrative trial procedure, they should submit procuratorial suggestions to the courts at the same level, point out specific problems and urge them to correct them. On the one hand, the procuratorial organs are both the legitimate rights and interests of the parties, and on the other hand, it is also the uniform and correct implementation of national laws, and the authority and fairness of the law.

Understand the procedures, scope, and methods of supervision of the supervision of judges in administrative trial procedures in the administrative trial procedure. In the next issue, we will take you to understand the specific situation of the procuratorial organs' illegal behavior supervision of judges in the administrative trial process!

Barrier

Article 103 of the People's Procuratorate Administrative Litigation Supervision Rules Article 103 of the People's Procuratorate supervise illegal acts of judges in the following administrative trial procedures of the People's Court in accordance with the law:

(1) General procedures for the first instance;

(2) Simple program;

(3) The second instance procedure;

(4) Judgment supervision procedure.

Article 93, paragraph 3 of the "People's Republic of China Administrative Procedure Law", is applicable to judges, people's jurors, assistants, and clerks.

Article 93, paragraph 3, paragraph 3 of the "Administrative Procedural Law of the People's Republic of China", has the right to propose procuratorial advice to the people's courts at the same level in other trial supervision procedures other than trial supervision procedures.

(Instruct the Supreme People's Procuratorate Seventh Procuratorate to produce Beijing Procuratorate's Beijing Municipal Procuratorate Third Branch Conferring Beijing Miyun District Procuratorate))

- END -