[Law Exchange] Continue to improve the construction of the social governance system in the supervision of administrative procuratorial cases

Editor

In recent years, the Supreme Prosecutor's Party Group requires the procuratorial organs to thoroughly implement Xi Jinping's thinking of the rule of law, strengthen the concept of systems, strengthen supervision of cases, and give play to the role of correction, innovation, and leading role in the supervision of cases. In order to better summarize the method of refining administrative procuratorial case supervision and the rules of handling cases, and tap its more value to the construction of the social governance system, on July 2, 2022, "Prosecutor's Daily" "Views · Case" focuses on the 30th of the top 30 Six batches of guidance cases invite legal experts and prosecutors to discuss the relevant issues of administrative procuratorial cases, so stay tuned.

Supreme People's Procuratorate

The thirty -sixth batch of guidance cases

1. Lu Mou complained that the road traffic administrative punishment supervision case of the traffic police detachment of a public security bureau in Fujian Province (No. 146)

——The consensus on revocation of the administrative lawsuit of the motor vehicle driving license administrative lawsuit and the issue of law enforcement standards: If the drunk driving motor vehicle is investigated for criminal responsibility in accordance with the law, the traffic management department of the public security organs shall revoke all the standards held by the actor in accordance with the law according to law. Motor vehicle driver's license.

2. Inspection and Supervision of the People's Procuratorate of a Municipal People's Court of the Municipal People's Court (No. 147)

——The procuratorate found that there are multiple similar violations in the implementation of administrative litigation in the implementation of legal supervision duties. They can propose procuratorial suggestions to the court on the correction of similar issues, and continue to follow up and urge the implementation to promote the implementation of law.

3. An Anhui Province Natural Resources and Planning Bureau applied for the implementation of the administrative punishment decision of the building administrative penalty decision on the land occupation of illegal demolition (Prosecution No. 148)

——The procuratorate found that the application of similar cases in the performance of legal supervision was incorrect. Several typical cases could be selected for supervision of cases to promote the correct application of laws in the same type of case, and to establish a long -term mechanism for the difficulty of affecting the application of the law.

4. Mi Mou complained to a cities in Zhejiang Province Housing and Urban -Rural Development Bureau, and the information disclosure and administrative reconsideration procuratorial supervision case of the people's government of a municipal people (No. 149)

——The procuratorate can handle the case as the starting point, conduct special investigations, analyze the deep reasons behind the case, and find that the work system and management method of relevant units need to be improved and improved, and the procuratorial suggestions may be made to urge relevant responsible subjects to improve the work. , Standardize management, reduce endogenous and secondary cases from the source.

The thirty -sixth batch of guidance cases highlight the role of supervision of cases in justice and administration in accordance with the law, and follow the inherent laws of administrative inspection, reflect the initiative of administrative procuratorial supervision, and fully reflect the higher quality of administrative procuratorial supervision.

Treatment of the "five -pair relationship"

Optimize the supervision of administrative procuratorial cases

Professor and doctoral supervisor of Peking University Law School

Vice President of the China Administrative Law Research Association

Vice President of China Legislative Research Association

Zhanzhongle

The problem of administrative procuratorial case supervision often comes from the case, but it is not limited to case relief and error correction, but uses cases as a incision to find common problems. , Governance. The supervision of administrative procuratorial cases represented by the thirty -sixth batch of guidance of the highest prosecution provides reference and reference for the participation of procuratorial organs to participate in the governance of the prosecution, which fully reflects the higher quality of administrative procuratorial supervision. Combining the general laws of these guiding cases and the exercise of administrative procuratorial powers, the author believes that deepening the supervision of administrative procuratorial cases should focus on dealing with five pairs of relationships.

Strengthen supervision concept for institutional structure

Macro

The prerequisite for the improvement of the system is clearly determined by the value judgment and the concept. The key to deepening the supervision of administrative procuratorial cases is to clarify the supervision concept. The supervision of administrative procuratorial cases is designed to supervise, correct and prevent the "common" problem. Governance effectiveness. Of course, the expression of these concepts is different, but the core essence is to make the source of the source of the complaint deeply, that is, the case clues are discovered as the breakthrough, sorting out the common and universal risk point in the process of finding the law or the execution process Then, the courts and administrative agencies were promoted to make up for management loopholes through necessary supervision forms in order to play a general prevention role in these legal risks and strive to achieve the effect of "handling a case and governance". Correspondingly, the concept of the above supervision should be truly reflected in the design and operation of the system structure. For example, it is necessary to clarify the source channels of the case clues in the future system rules, the criteria for judgment identification, the specific form of the procuratorial supervision, and the different forms of procuratorial supervision. Coordination working mechanisms between departments.

In the case 147, a city procuratorial organs in Hunan Province found that there were similar violations of the court's administrative litigation cases in the implementation of legal supervision duties. There are irregular commonality such as delivery, informing, execution of reconciliation, and settlement procedures, and proposes targeted case supervision and procuratorial suggestions in accordance with the law to follow up and supervise the implementation, and promote the court to implement the effective referee in accordance with the law in accordance with the law. Such useful practical experience itself also needs to be type and clarified in itself so that it can be solidified and promoted in future institutional rules.

Realize the supervision and class supervision of the case

Organic combination

行政检察监督并不局限于个案监督，在最高检第三十六批指导性案例中，行政检察监督的启动或是源于当事人申请，如检例第146号、检例第149号，或是It derived from the active discovery of the case clue, such as the case 147 and the case 148. It is worthy of affirmation that the procuratorial organs are actively actively actively, giving play to the "penetrating" supervision function of administrative procuratorial prosecutions, and the universal problems existing in the repeated law enforcement judicial issues and social governance in practice. The effect of "handling a case and governance". The role of this type of case supervision in administrative prosecution is manifested as two levels: error correction and prevention. The ultimate goal is to promote the correct implementation of the law and the source of social contradictions. The administrative procuratorial function of the procuratorial organs basically depends on its constitutional status as a legal supervision organs, and the direct legal basis is the provisions of the scope of the law of the law of the law of the people's procuratorate and the relevant provisions of the lawsuit law. The basic functions and internal laws of administrative inspection means that it should pay more attention to systemic concepts and effectively enhance the awareness of supervision of class cases; pay more attention to the combination of case supervision and case supervision to ensure that the same type of cases are equally treated under the same conditions, regulate law enforcement law enforcement law enforcement Judicial behavior and ensure the implementation and correct implementation of the law.

Balanced on duty and division of labor and division of labor

Mutual relationship

The supervision and sources of cases are a systematic project that not only requires the procuratorial organs to perform their duties in accordance with the law, but also to collaborate with the administrative organs and courts. It also needs a positive response from social subjects such as citizens, legal persons, and other organizations. Although the guidance case highlights the advantages and significant results of administrative procuratorial case supervision in the governance of the source of complaints, whether it is an administrative organs, a court or a procuratorial organs for supervision, should be supervised and supported. , Error correction and resolution, public rights and private rights, public welfare and private benefits. In substantially resolving disputes, including the governance of the source of complaints, administrative organs and courts should also play an important role. This pattern of cooperation governance basically stems from the unity of social governance goals and the division of labor in the configuration of state power.

Taking the case No. 146 as an example, the procuratorial organs decided to revoke the common problem of inconsistent laws in the law enforcement of the driving license of the motor vehicle. The minutes of professional conferences are instructive for the discovery of judicial referees and administrative behaviors that do not consistent laws in similar issues on similar issues. In short, the supervision of administrative procuratorial cases should play the role of the engine in the resolution of social contradictions and disputes, promoting "Du Guan" with "I control", and give full play to the professional advantages of "two -handed entrustment" On the other hand, promote administration of administrative organs in accordance with the law.

It is still necessary to implement the "Du Guan" to promote the design of institutional rules. Only in this way can we ensure that the division of labor between different state organs can work together and work together to the source of the source. Even the procuratorial organs as the subject of legal supervision should also adhere to their duties in accordance with the law. Administrative procuratorial case supervision shall be carried out in accordance with the functions, procedures, and methods specified in the procedure law. In the end, we must effectively adhere to the unity of legal effect and social effects.

Promoting rigid supervision and flexible supervision

Effective connection

There are two aspects of administrative prosecution cases: first, for administrative trial activities. The direct object of this supervision is the judicial organs, but at the same time, it may have an indirect supervision effect on the administrative organs. The supervision method includes protest and procuratorial suggestions. For example, in the case 149, the procuratorial organs were restructured by protest and correction of the original delivery supplies. 2. Improve the system of cases of the system, make up for procedure vulnerabilities, and standardize the processing process of legal documents and mailing business. Second, for general administrative law enforcement activities. In the process of performing their duties, the procuratorial organs can conduct legal supervision of the administrative organs. The supervision methods include procuratorial suggestions and filed administrative public interest lawsuits.

Among them, procuratorial suggestions are the more common supervision methods of the above two aspects. It is worth noting that the issuance of procuratorial proposals is important, but the implementation effect is more valued. In the case of the case No. 148, the county procuratorate was requested to follow up the supervision of the city procuratorate in response to the county court's admission of procuratorial suggestions. The main purpose of establishing the follow -up supervision system is to effectively improve the rigidity of procuratorial supervision, ensure the effectiveness of administrative procuratorial supervision, and have practical guiding significance for promoting the dare to supervise and supervise.

Entering the rigidity of procuratorial proposals is a prerequisite for improving the supervision of administrative procuratorial cases. In 2019, the "Provisions of the Procuratorate of the People's Procuratorate" made the overall regulations on the content, format and implementation of the procuratorial proposal. This is a recognized work effort, and it is necessary to clarify and improve in the upper law. At the same time, the rigid enhancement proposed by procuratorial proposals also needs to improve its systemic, professional, targeted, and effectiveness on its source.

Pay attention to supervision capabilities for supervision and efficiency

Necessary guarantee

The improvement of supervision capabilities is a necessary guarantee for supervision and efficiency. The quality of supervision of administrative procuratorial cases depends on the quality of the case in the final analysis. This requires the focus of procuratorial organs at all levels to put the focus of supervision in the quality, efficiency, and strong effects to comprehensively improve the quality of legal supervision. Promoting the supervision of administrative procuratorial cases not only means that the procuratorial organs should have the ability to discover problems, and find out the problems of the court referee and the law enforcement of administrative organs. This is the focus of traditional case supervision. More in line with the accuracy of supervision of administrative procuratorial cases. This requires the analysis of causal relationship mechanisms in different cases, improve the sensitivity of common problems from individual issues, and have basic capabilities such as case retrieval, case analysis, and data statistics. In addition, it is necessary to strengthen the communication between the procuratorial organs and the court and administrative organs through the appropriate working mechanism to confirm whether there are systemic and universal issues behind the case.

On the basis of improving the performance of procuratorial organs, big data and intelligent case handling are an inevitable trend of supervision of administrative procuratorial cases. The administrative procuratorial department shall open up data barriers with courts and administrative agencies to achieve case -handling data and case information sharing. By developing an administrative procuratorial intelligent case handling system, the data screening model is constructed to achieve case element and digitalization. The Supreme Procuratorate Party Group emphasized that "the big data should be emphasized legal supervision, integrates into a large pattern of social governance, and takes out a digital prosecution with digital prosecution, category of category supervision, and promoting social governance. road". In fact, legal supervision cases are thousands of and intricate. Whether it is the summary, collision, analysis of the case information (combing of the supervision of the clues), or the development of the system (the organization of the source prevention), it is inseparable from the technical means without technical means. Empowerment, especially the in -depth use of data, will largely help improve the quality and efficiency of the supervision of cases.

"Seeing Big" for living case supervision

In recent years, the highest prosecution has required to thoroughly implement Xi Jinping's thinking of the rule of law, strengthen the concept of systems, strengthen supervision of cases, and play its role in correction, innovation, and leading the system construction, promote solving the judicial ideas, policies, and guidance issues in a period, a period of time. The case handles political effects, legal effects and social effects organically unified. The highest prosecution recently issued the thirty -sixth batch of guiding cases with the theme of administrative procuratorial cases, which provided guidance for the administrative procuratorial work in the new era.

——Encing the "case handling+special supervision" case supervision method. The administrative procuratorial work in the new era should be based on the premise of discovering problems from the supervision of the case. Through the method of carrying out special supervision, it should be studied and summarized. The concentrated solution of a type of problems improves the quality and efficiency of supervision.

The first is to find out the problem with fine review, and expand the source of the case with special supervision as the starting point. Traditional administrative procuratorial work is mainly based on application supervision, and the grass -roots procuratorates have a small number of applications. In the new era, administrative procuratorial work needs to actively perform duties. Through reviewing the referee documents and listening to the opinions of the parties, the problems are accurately discovered and the source of the case is efficiently expanded. Inspection No. 147 is to fulfill the administrative judgment from a county public security bureau, Su Moumou applied for a town government to perform administrative judgments, Jiang Moumou applied for a county human resources and social security bureau to fulfill the three cases of administrative judgment, and found that the court ended The ruling of the implementation did not stimulate the party's relief rights and deadlines of objection, and finally carried out special supervision of the municipal court's administrative litigation case from 2017 to 2020 from the Municipal Procuratorate. Administrative inspection is a very professional business work. On the one hand, we must strive to improve the consciousness and sensitivity of discovery problems, and find out the problems in the law enforcement work of the court and administrative organs in the case of the case; on the other hand, we must have the ability to find similar problems. If the problem of individual cases belongs to the difficulty, blocking point, or not individual phenomenon in a certain range, it is necessary to start with the same situation of the same situation and start special supervision.

The second is to expand the influence from point to face, and conduct category supervision of similar errors or illegal acts existing in cases. The scope of supervision of administrative litigation cases cannot be restricted to the actual implementation stage. The stage of the case and review stage is also in the scope of supervision. Only the three links of the case handling can achieve the entire process without dead corners. In the case 147, the processing procedures were concentrated, and the procedures for the process of sending, notifications, and reconciliation were not standardized. The procedures for settlement procedures were not standardized. In practice, case supervision shows the characteristics of high content repetition rate and low supervision quality. On the basis of discovering the supervision of individual cases, we should pay attention to the supplementary and enhancement of case supervision by the supervision of cases. Related cases need to be adjusted in time, concentrate on refined review, and strive to discover universal problems. In this way, handling the case not only allows procuratorial supervision to be more rigid, enhance the awareness of procuratorial procuratorial and procuratorial trust, but also increase the acceptance of the supervisory objects and establish procuratorial prestige.

—— Relying on the supervision of cases to supervise the support of the party committee and government. To do the administrative procuratorial work in the new era, the supervision of cases should be adopted, and the extension of the construction of a long -term mechanism from solving specific problems to promoting the construction of a long -term mechanism, combining the types of major difficult and difficult cases, and forming an opinion and suggestion of strengthening and improving justice and administration according to law. Do it. Good communication and coordination with administrative agencies and courts to ensure that procuratorial recommendations are adopted. In order to achieve the "my management" of the procuratorial organs, the "Du Guan" of the trial agency and the administrative organs can adopt the annual report, special report or situation report to strive for coordination and support of the party committee and government at the same level. In the case No. 148, the County Natural Resources and Planning Bureau applied for the mandatory demolition of illegal buildings to the county courts on the 64 penalty decisions. Run in judicial procedures. The procuratorial organs launched the supervision process. Due to the dispute over the application of law, the court did not adopt the procuratorial suggestion. The procuratorial organs finally accepted and made a ruling of mandatory enforcement by giving full play to the advantages of procuratorial integration. After that, the procuratorial organs took the initiative to report to the county people's congress standing committee and discuss and exchange with the county government to form a system governance strategy in the area to ensure that the cases of illegal and illegal land use cases are in place.

The successful handling of this case plays a strong demonstration and leading role in the special activity of the "Land Law Enforcement Investigation and Investigation and Investigation and Investigation and Investigation and Investigation and Investigation and Investigation and Investigation and Investigation and Investigation and Investigation and Investigation of the National Procuratorate in 2021. In the case of administrative non -lawsuit in the field of illegal occupation and occupation, our court has taken the initiative to exercise the right to investigate and verify, and find out whether there are similar problems in such cases in the court in the past three years. The legal provisions are unclear, the understanding is wrong, and the working mechanism is incomplete; actively conducts discussions with the court, introduce supervision functions, show positions, strive for support and understanding, and use special activity procuratorial suggestions to ensure that the supervision effect is not discounted; etc. Essence

—— Focus on deep social issues to promote the governance of the source of complaints. To do the administrative procuratorial work in the new era, the concept of supervision of the category of categories should be taken to actively integrate into the general pattern of social governance, and serve the overall situation and justice for the people. Regarding the universal problems in the social governance found in the duties of legal supervision, we should carefully study and analyze, find the issues of deep social governance, take the case as the starting point, carry out case supervision, and transform the case supervision into society into society into society. Governance effectiveness.

In the case No. 149, the procuratorial organs were successfully supervised by the court's wrong determination of the case of legal documents. In -depth social governance issues, through special investigations, listen to the opinions of administrative agencies, courts, and postal departments, realize the processing process of regulating legal documents and mailing business, effectively improving the level of legal documents.

As the legal supervision department, the administrative procuratorial department must actively adapt to the new requirements of the modernization of the national governance system. In addition to putting forward the opinions of supervision and correction, they should also pay attention to promoting improvement of work and improving the system. In the practice of handling cases, it is found that the work system, management methods, and working procedures of relevant units are not perfect, or there are problems with regulatory loopholes or irregular regulations in specific industries, first pay attention to coordination and communication. Relevant units have more effective social responsibilities. Through the development of social governance procuratorial suggestions, the relevant responsible subjects are urged to improve work and standardized management, multi -party joint efforts to improve the social governance system and mechanisms, and promote the governance of the source of complaints.

For procuratorial organs, the supervision of cases is no longer a choice of history, but a must -have questions for administrative procuratorial work. The procuratorial organs need to carry out the supervision of administrative procuratorial cases through case retrieval, case analysis, data research, and special investigations, and effectively maintain the unified and correct implementation of laws and policies. In terms of case supervision, consensus must be formed: in the process of broadening thinking, the supervision of cases can strengthen accurate policies; in the process of condensing consensus, case supervision can strive for maximum support; The supervision of the case can improve the quality and efficiency of supervision. (The author is Qi Qinxia, ​​Director of the Sixth Procuratorate of the People's Procuratorate of Haidian District, Beijing)

(Prosecutor's Daily)

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