[Pu Law E Station] Interpretation of the New Administrative Litigation Supervision Rules: The functions of administrative non -laws and execution supervision, we use cases to speak

Article 108 of the "Administrative Litigation Supervision Rules of the People's Procuratorate" stipulates that "the People's Procuratorate implements legal supervision of the implementation of administrative cases of the people's court." And there is an important component in administrative execution activities, called "administrative non -voting execution" Essence What is an administrative non -complaint? How did the procuratorial organs supervise the court's administrative non -appealing activities? Today, I will tell you about it.

The execution of administrative non -lawsuit means that after the administrative agency has made an administrative decision, the administrative counterpart does not apply for administrative reconsideration or filed administrative lawsuits within the statutory period. Implementation, the people's courts have been accepted and reviewed by the people's courts to implement the administrative organs or directly take compulsory measures to implement it, so that the administrative decision content of the administrative organs can be realized.

Case 1: A series of cases of illegal law enforcement supervision of the illegal occupation of the county

【Basic Case】

Since August 2017, the Land and Resources Bureau of the County During the mobile patrol, the Driving School and Sand Farm have not been approved to occupy the arable land without approved. Administrative counterparts do not file a lawsuit or perform within the statutory period. In accordance with the law, the Land and Resources Bureau of the County A County will apply for the implementation of the contents of the People's Court of the County. As of April 12, 2018, the Land and Resources Bureau of the County A was applying for 96 administrative non -complaint cases to the People's Court of the County A, involving illegal occupation of 154.8 acres of arable land, 66.8 acres of basic farmland, 2.76 acres of other land, 300 administrative fines of 300 For more than 10,000 yuan.

The People's Court of Jia County will not be accepted by the enforcement application of the administrative non -lawsuit of the County Land and Resources Bureau, nor does it not be accepted by the non -acceptance and explanation of no acceptance.

[Supervision of the procuratorial organs]

On April 12, 2018, the People's Procuratorate of the County A County was accepted by the 21 administrative non -vocalization cases that seriously damaged national interests and social public interests in accordance with the law. On April 26, a procuratorial suggestion was issued to the People's Court of the County A County: 1. Case the administrative non -lawsuit case applied for by the County Land and Resources Bureau in accordance with the law; 2. Improve the acceptance mechanism of administrative non -appealing cases to ensure the correct exercise of administrative penalties.

On May 3, 2018, the People's Court of County A replied to accept the 21 proposal and 75 other administrative non -appeal cases. At the same time, the acceptance procedures for the acceptance of non -laws of administrative cases will be tried and will be tried and public interest involving national interests and social public interests.

Protecting cultivated land is related to the food problems that are related to the 100 billion people in China, and it is related to my country's food safety and ecological safety issues. Keeping the cultivation of cultivated land is not only the responsibility of governments at all levels, but also the common responsibility of judicial organs. The case has supervised the 21 administrative non -appealing cases, which promoted the people's court to file a case and enforcement of subsequent cases in accordance with the law, and implement it in accordance with the law. The protection, achieve win -win win -win results.

【Link Links】

Article 111 (1) of the "Administrative Litigation Supervision of the People's Procuratorate" stipulates that if the People's Procuratorate finds that the people's court shall not be accepted by the enforcement of the people's court in accordance with the law, or if it shall not be accepted in accordance with the law, it shall be the same. The People's Court proposed procuratorial suggestions.

Case 2: A series of cases of administrative penalties for 17 companies such as metal products Co., Ltd.

【Basic Case】

From 2016 to 2018, 17 enterprises including a metal products Co., Ltd. were ordered by three administrative agencies including the Environmental Protection Agency and other administrative fines due to environmental protection violations. Because the enterprises involved did not perform administrative penalties in accordance with the law, the above administrative organs applied to the court for enforcement. During the implementation, the enterprises involved automatically corrected the above illegal acts but did not pay the fine. The court shall apply for the parties, and the host two parties will settle down the amount of fines, and the administrative organs will significantly reduce the principal of the fine and the punishment enterprise to reach an implementation settlement agreement. The court ended on the grounds that the two parties reached a settlement agreement and the executed person had fulfilled the confirmation of legal documents. After the implementation of the 17 administrative non -lawsuit cases, a total of 1.993 million yuan was illegally reduced and exempted from the law.

[Supervision of the procuratorial organs]

In October 2018, the procuratorate launched the supervision process in accordance with its powers. According to the records of the court, the reason for reducing or abandoning the principal of fines is mainly the economic difficulties of the enterprise, but the investigation found that in addition to the polar enterprises, most companies have certain economic strength and do not have difficulty in production and operation. In accordance with my country's laws, remedial measures to the parties can reduce the fines or late fees in additional places, and cannot reduce the principal. On October 18 and October 25, 2018, the procuratorial organs issued procuratorial suggestions to courts, environmental protection bureaus and other units. It is recommended that the court corrected the illegal mediation behavior, and the environmental protection departments should perform their powers in a timely manner in accordance with the law to avoid the loss of state -owned property.

In December 2018 and January 2019, the above -mentioned administrative agencies and courts made written responses. The administrative organs applied to the court to resume and enforce. Except for the bankruptcy of one company, all the fines of the remaining fines have been recovered. The administrative organs also actively investigated and recovered other units that do not meet the conditions of exemption. The court also stated that it would further regulate the behavior to avoid similar situations.

To fight against pollution prevention and control, strict environmental law enforcement judicial justice is conducive to solving the problem of low cost of environmental violations, which is an important part of the environmental governance system. In this case, the case of 17 administrative non -lawsuit enforcement cases had been supervised, and the principal of the penalty was recovered, allowing the environmental violations to be punished, deterred with other environmental pollution, and avoided the loss of state -owned property. At the same time, through the supervision of illegal implementation of reconciliation, the court's administrative non -lawsuit enforcement behavior was standardized, and the administrative organs strictly performed their duties in accordance with the law. 【Link Links】

Article 109 (2) of the "Administrative Litigation Supervision Rules of the People's Procuratorate" stipulates that if the people's procuratorate finds that the people's courts end the implementation of violations of laws, they shall submit procuratorial suggestions to the people's courts at the same level.

Case 3: A company's administrative punishment for production safety accidents is not an executive supervision case

【Basic Case】

On April 19, 2016, a mechanical accident occurred in a slurry workshop in a company in a company that killed one person. On the same day, the District Safety Supervision Bureau made an administrative penalty decision to impose a fine of 220,000 yuan for the company. The company paid a fine of 70,000 yuan and did not apply for reconsideration and did not file an administrative lawsuit. On January 18, 2017, the District Safety Supervision Bureau applied to the court for compulsory implementation. On February 13, the court made a decision to impose a fine of 150,000 yuan for the company's fine of 150,000 yuan. On March 17 of the same year, the district court executed the case and decided to include the company on the list of people who were dishonested by the person who was dishonested. The company's property conditions, freezing the company's bank account and other execution methods. On April 5, the company paid a fine and the district people's court lifted the frozen frozen of the company's account.

[Supervision of the procuratorial organs]

The procuratorial organs believe that the court decided to make credit punishment for the company before issuing the "Executive Notice", not taking measures to investigate and control property, nor did it be issued to the company's risk prompt notification to the executive. After fulfilling the obligations, the materials that did not delete the dishonesty information in the case of the case violated the relevant provisions of the law. On October 17, 2019, the procuratorial organs issued procuratorial suggestions to the court: 1. Remove the company's dishonesty information in time; 2. Standardize the applicable credit punishment measures for private enterprises in accordance with the law to safeguard the legitimate rights and interests of private enterprises.

On October 23, 2019, the court responded in writing and adopted the procuratorial suggestion, saying that in the future work, cases will be handled in accordance with laws and regulations, and credit punishment measures are taken by the executors of private enterprises to support the development of private enterprises. It shows that although credit punishment does not comply with relevant regulations for the company, it has not been announced by the dishonesty information.

Credit records are soft assets, soft power and "pass" of private enterprises. Once private enterprises have bad credit records, they will be restricted in terms of project declaration, financing, and enterprise operation, which is not conducive to enterprise development. In this case, the procuratorial organs supervised the court's illegal application of credit punishment measures in accordance with the law, promoted the court's standardized justice, and provided the rule of law for the normal operation of private enterprises.

【Link Links】

Article 110 of the "Administrative Litigation Supervision Rules of the People's Procuratorate" stipulates that if the People's Procuratorate finds that the people's courts shall implement implementation measures such as credit punishment in violation of regulations in the implementation activities, they shall submit procuratorial suggestions to the people's courts at the same level.

Administrative supervision and supervision of administrative non -lawsuit is an important responsibility of the procuratorial organs. The implementation of administrative non -lawsuit implementation of procuratorial supervision is not only conducive to urging the people's courts to implement according to law, but also to promote administrative administration in accordance with the law. It is of great significance to safeguard the legitimate rights and interests of national interests, public interests and administrative ruling rights. (Guidance: Production of the Seventh Procuratorate of the Supreme People's Procuratorate: Beijing Procuratorate and the Third Branch of the Beijing Procuratorate of the Beijing Municipal Procuratorate:

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