What is the meaning behind the 36th batch of guiding cases of the Supreme Prosecution?

Editor

On April 18 this year, the Supreme People's Procuratorate issued 4 guidance cases on the theme of the supervision of administrative procuratorial categories. This batch of guidance cases highlight the role of supervision of the case of justice and administration in accordance with the law in accordance with the law, adhere to the concepts of penetrating supervision, capable supervision, and system supervision. Unanimous issues such as commonality, or universal issues in administrative law enforcement and social governance, form a consensus with the judicial authorities and administrative agencies, and provide a good reference and guidance for the deeper and more deeper and more deeper and more integrated into social governance.

"I only got this legal document for two days and I prosecuted. Why did the court say that I have more than fifteen days of prosecution?" The courier bag of the "Administrative Reconsideration Decision" came to the procuratorate to apply for supervision, saying that the duration of the lawsuit should be calculated from the date of receiving the "Administrative Reconsideration Decision".

It turns out that Mi usually share a mobile phone with his wife. The mobile phone is usually used only to answer or call. If you do n’t go away, you do n’t know it. They do n’t know or use other functions of the mobile phone. The delivery is delivered. The courier could not contact Mi because of the call, and placed the mail at the courier of the community. After I went to the municipal government, I learned that the legal document had been "signed" and was prompted to go to the express delivery point to find. After more than 20 days of "signed", Mi, who only got legal documents, filed a lawsuit in the district court. However, due to the legal prosecution period, his claims and retrial applications were rejected by the court.

The prosecutor of the Zhejiang Mi case was held on the spot to understand the process of sending government emails.

Can legal documents be placed directly at the collection point like ordinary express delivery? Is there any right to collect legal documents on behalf of the collection point? Is Mi's prosecution period from the date of "signing" from legal documents, or from the date he really obtained the delivery? Is there still similar issues in the field of legal documents? With these questions, the procuratorial organs launched the investigation and verification mechanism, clarified the context, solved the problem of incompatible standards for the effective delivery of legal documents, and proposed to the court. The court launched the retrial and filed a case in accordance with the law to accept Mi Mou's prosecution. In response to the issues that are not unified in the identification of similar cases, the procuratorial organs negotiated with the court, urging the court to take measures to clearly clarify the review and identification criteria for posting and delivery; conduct special investigations, listen to the opinions of relevant units, and issue procuratorial suggestions to the delivery unit. Effectively improved the level of legal documents.

Mi Mou complained that the information disclosure and administrative reconsideration procuratorial supervision case in a city in Zhejiang Province and the Urban -Rural Development Bureau, and the People's Government of a Municipal People's Government were one of the thirty -sixth batch of guiding cases released by the Supreme People's Procuratorate on April 18 this year.

It is understood that this is the first time that the highest prosecution has made guidance cases with the theme of administrative procuratorial cases, and the processing process lasted for one year. The Seventh Procuratorate of the Supreme Prosecutor's Seventh Procuratorate selected 4 cases from more than 100 cases reported by the procuratorate across the country, focusing on the administrative procuratorial power to solve the difficulties of social governance, pain points, and blocking points. "Reverse and three", deepen the concept of supervision of cases and improve the quality and efficiency of supervision.

Strengthen the source of complaints

Give full play to the maximum effectiveness of supervision

Maintaining stability must focus on long -term and both specimens.

"In recent years, administrative procuratorials have continuously implemented Xi Jinping's thinking of the rule of law, strengthened the concept of systems, and consolidated the foundation of the people's hearts based on functions to consolidate social stability. The supervision of general issues to carry out cases of class cases, a typical case of a large number of case supervision has been handled, and has accumulated rich experience. "According to the relevant person in charge of the Seventh Procuratorate of the Supreme Procuratorate, as the procuratorial organs are deeper and more integrated into social governance, administrative procuratorial procuratorials It is necessary to further activate the effectiveness of the supervision of cases, promote the root cause of the source, and contribute to the modernization of the national governance system and governance capabilities.

"The four guidance cases released this time involved the types of cases such as the supervision of the results of administrative referees, the execution of administrative litigation, and the administrative non -litigation supervision and other types of cases, which take into account the procedure law and the physical law." Zhang Lixin, the prosecutor of the Supreme Prosecutor's Office of the Supreme Prosecutor's Office of the preparation work, told reporters that in the alternative cases reported by procuratorial organs across the country, although the process of handling these 4 cases is not the most complicated and difficult, it is handled in cases in case of cases. Promoting the supervision of cases, focusing on the source of the source, early prevention, and solving the problem of a certain type of social governance, it provides a "problem -solving sample" for the governance of the source of complaints.

It is not difficult to find that the document delivery is not difficult to discover from Mi Mou's city housing and urban and rural construction bureaus in Zhejiang Province, and the information disclosure and administrative reconsideration supervision case of the people's government. Document delivery is a link that the public prosecution law department and the administrative organs will definitely encounter in the case of the case. It seems simple, but the actual situation is much more complicated. The delivery time of legal documents involves the starting point of the statutory period in the relevant legal procedures. Although it is a small problem in time identification, it directly affects the realization of the parties' litigation rights. Affects the consequences of the referee.

"In the process of delivery, there are often many unexpected but inevitable situations in the process of delivery, allowing the" validity "discounts of delivery. Mi Mou's case inspires us and requires relevant departments to reflect on the" source of the source "from the" Source of the Source ". Improved. "The prosecutor in the case recalled that, under the supervision of the procuratorial organs, the court specifically introduced the" Eight Measures on Implementing the Registration System and Regulatory Delivery Procedures "to standardize the document delivery procedures; postal companies collected by the postal company. After the procuratorial suggestions, special rectifications were also carried out throughout the city, and 1,399 delivery personnel of 115 outlets were carried out to conduct legal documents for business training, and a special investment team of government e -mail was established to implement a reward and punishment system, improved the process supervision, and effectively improved the overall and effectively improvement. The level of delivery of legal documents. "A document that detailed and clear measures, a deeper at the grassroots level, listened to the investigations of all parties, and a targeted training, all prevented the generation of" Mi Mou "on the source. Disputes and contradictions are germinated. This is the meaning of legal supervision to promote the rule of law and modernization of social governance. "Lin Qunzhen, head of the seventh procuratorate of the Zhejiang Provincial Procuratorate From handling cases as the starting point, and analyzing the deep reasons behind the case analysis of the "Source" thinking analysis, it was found that the work system, management methods, and work procedures of relevant units were found in the case of incompleteness. The issue is to urge relevant responsible subjects to improve and standardize management, and reduce endogenous and secondary cases from the source.

Condense legal consensus

Promote unified law enforcement judicial standards

The procuratorial organs have played the effective role of legal supervision in the joint law enforcement judicial efforts. In recent years, participation in grass -roots governance has become more and more deeper.

The witness of the "Natural Resources and Planning Bureau of Anhui Province applied for the enforcement of the administrative punishment of the building on the land on the land and the prosecutor's supervision case", and the relevant person in charge of the Natural Resources and Planning Bureau of Anhui Province deeply felt the procuratorial organs of the procuratorial organs. Legal supervision effectiveness. In this case, the county procuratorate communicated with relevant departments many times. The case was highly valued by the county party committee and county government. It effectively solved the problem of transfer of the case and allowed the case to advance the "Liu Dark Flower" and achieved breakthrough progress. The correct implementation has also promoted the better performance of the administrative organs, and achieved a good effect of win -win results.

According to the person in charge, the case was a type of case clues found in a special event of a procuratorate in an administrative non -lawsuit. After investigation and verification of the application for compulsory enforcement of administrative organs, the county procuratorate suggested that the county courts accept and review the implementation application of administrative organs in accordance with the law. However, the county court did not agree that the prosecution proposal was not accepted. The case returned to the origin.

"The reason for its reason is largely due to the inconsistent understanding of the two parties on the application of the same law." Yang Huiyou, director of the sixth procuratorate of the Anhui Provincial Procuratorate, said that in this case, a county procuratorate asked the municipal procuratorate to follow up supervision. In the end The county courts were promoted to accept and make a ruling of enforcement in accordance with the law, and effectively cracked down on land illegal acts.

The prosecutor of Anhui Cases returned to the county's Natural Resources Bureau.

"Under the premise of accurate judgment, follow -up supervision is the supervision method of supervision of the procuratorial organs in accordance with the law, which effectively improves the rigidity and effectiveness of administrative procuratorial supervision." The agency took the initiative to take a step forward to promote the consensus on the difficulty of affecting the application of the law and formed a long -term working mechanism.

"Administrative prosecution assumes the special responsibility of 'one -handed two -handed", which not only supervises the court's fair justice and the administrative agency is administrative in accordance with the law. In the case, we can see Wei Zhi, not only emphasizing the end of the end, the treatment of the disease, and attaching importance to the front end and the treatment of the disease. "Gu Yueli The "Lu Mou's Prosecutor's Administrative Penalties of the Traffic Police Division of the Xiamen Public Security Bureau of Fujian Province", which was handled by Fujian Procuratorate, was impressed.

The case involves a more typical issue of administrative law enforcement and judicial referees in inconsistent laws in inconsistent laws -for the situation where the drunk driving motor vehicle is investigated in accordance with the law, the administrative organ believes that all the quasi -driving models hold by the actor shall be revoked according to law. The court's driver's license, the court believes that other driving licenses that have nothing to do with the traffic accident involved in the case should not be revoked. The procuratorial organs' review found that in 2019, the public security organs of Fujian Province made 32 cases of executive punishment for driving licenses, and 32 were decided by the court referee to revoke the administrative penalty decision.

On the basis of investigating and verifying and studying relevant laws, the Fujian Provincial Procuratorate filed a protest in accordance with the law, and took the initiative to strengthen the communication and coordination with the Provincial Court and the Provincial Public Security Department. The case of the judgment of the case and the issues of law enforcement standards have reached a consensus, promoted the unified law enforcement judicial standards, and correctly enforced the law. As of now, the province has not been revoked the issue of incorrect law enforcement laws involving driving licenses.

Gu Yueli said that the procuratorial organs jumped out of the inertia thinking of handling cases and proceeded from an islands handled by the case to carry out legal supervision of similar cases in the province. Different issues are promoted to the unity of law enforcement judicial standards. The effect of supervision is immediate, which not only provides effective guarantees for the correct implementation of law, but also provides a practical and effective guarantee for the fairness of law in law enforcement judicial practice, maintaining the credibility and judicial authority of law enforcement. A successful example of justice and active responsibility for social governance. People -centered

More refined protection of relief rights

The Supreme Prosecutor's Party Group repeatedly emphasized that the prosecutor's handling of the case should be the same, compare the heart, and think in other places. From the feelings of the parties and the people, you should think about problems and grasp the case to handle the case, so as to achieve the organic unity of political effects, social effects, and legal effects.

Over the years, the pursuit of "striving to make the people really feel fairness and justice is around" has been deeply burned in the hearts of each prosecutor and reflected in their actions.

In this batch of guiding cases, the clue of the case of the case of the case of "a city procuratorate in Hunan Province on the execution of administrative litigation activities of the municipal court" was discovered by a "post -90s" prosecutor: Li applied to the court for compulsory execution of a county The Public Security Bureau returns the forced seizure of property. The court filed a case and took execution measures, and then made a ruling of the end of the enforcement. However, the ruling did not stimulate the party's relief rights and periods for remedy and period of disagreement on the end of the execution behavior within 60 days from the date of receipt of the ruling.

"The right of relief rights is closely related to the realization of the legitimate rights and interests of the parties. No relevant information is stated in the legal documents of the case, and there is a risk of triggering the timeliness of application execution and new administrative disputes." Resonation in the group. Subsequently, the city's procuratorate carried out special supervision of the administrative lawsuit of the city's courts from 2017 to 2020. It was found that a total of 20 administrative litigation enforcement cases had violated violations such as filing and irregularities. The city's procuratorate launched a case supervision procedure in accordance with the law and issued procuratorial proposals to the court to improve the implementation of relevant administrative litigation.

"Justice is the last mile of social fairness and justice. The quality of legal documents is directly related to the credibility of justice. In the future, we will strictly implement relevant responsibilities, continuously improve the quality of documents, and use more refined services to ensure the people to the greatest extent to ensure the people. Relief rights. "When talking about the case, the relevant case handling staff in the city's intermediate courts was still impressed: the procuratorial proposal for 7 pages of 7 pages was reasonable and affectionate, the entries were clear, and the suggestions were accurate. This is exactly the specific performance of procuratorial organs and trial agencies to condense and promote each other, and jointly serve the people with higher quality to serve the people.

"The successful handling of the case has benefited from the prosecutor's internalization and externalization in accordance with the law. The case occurred in 2020. Many of the procuratorial supervision concepts and forms during the case handling can be found in the "Guidelines for the Supervision of the People's Procuratorate Administrative Litigation Supervision Regulations" and "Guidelines for the Supervision of the People's Procuratorate (Trial)".

According to reports, the city's procuratorate also carried out special supervision in the field of civil prosecutors and achieved good results.

"The supervision of cases focuses on guiding the prosecutor's case personnel '" to see the big ", combined with the attention of the party's central government, and the people's strong prominent issues and weak links, found similar clues and common problems in the case, analyzed or potential in social governance existing or potential Problems, hidden dangers, etc., and propose solutions and suggestions from the root, safeguard the rights and interests of the people, judicial order, and social order, and strengthen judicial trust. "Zhang Lixin added that these guiding cases explained the cases and classes of cases and classes well. Relationship. It should be noted that the supervision of the case does not mean that the case can be "ignored." For common and universal issues, the use of the results of the supervision of cases will undoubtedly make the supervision efficiency and better effect, but it is also necessary to fully consider its personality and special characteristics for the case. Specific analysis, so as to achieve better legal supervision and efficiency.

"The supervision of cases is a high -quality supervision method that the procuratorial organs are guided by Xi Jinping's thinking of the rule of law and standing on the height of advancing the modernization of the national governance system and the modernization of governance. There are more connotations and higher levels of democracy, the rule of law, fairness, justice, safety, and environment. Administrative procuratorials need to further implement the new development concept, and actively integrate into the new development pattern. Stimulate the social governance efficiency of the supervision of cases, strive to accurately administer and targeted rectification, and implement the service overall situation and implement the judicially more and more detailed. " Guided by Xi Jinping's thinking as the guidance, continue to deepen the supervision of cases, conscientiously implement the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Era", take the opportunity of the "Quality Construction Year" of the procuratorial work. The rule of law consciously, the procuratorial consciousness promotes the "control of the source of the source", explores big data empowerment, new technology applications, etc., strengthen wisdom borrowing, expand the perspective of administrative procuratorial supervision, and transforms procuratorial supervision from individual, occasional, passive supervision to comprehensive and systematic systems. Active supervision, and make new procuratorial contributions to comprehensively build a socialist modern country with high -quality development. (Prosecutor's Daily Author: Xu Ridan Liu Tingting Picture: Fan Yuehong Zhonghua Wu Yiqiang Chadan Zhang Yin and Tang Fang Zhang Renping Lin Zhongqiang)

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