[Pu La Em Station] Summary of the supervision of the "Executive Case Implementation Activity", please check!

Chapter 7 of the "Administrative Litigation Supervision Rules of the People's Procuratorate" uses eight laws to make specific provisions on the implementation of the administrative cases of the people's court to supervise the people's court. The implementation of administrative cases is the last part of the administrative lawsuit. It is related to the realization of administrative litigation purposes and is also an important way to maintain legal authority. So, what are the cases of the executive campaign of the people's court administrative cases? Come and learn with Xiaobian!

A Municipal Regulations Authority Branch: After applying for the enforcement of the "Land and Resources Punishment Decision" for the demolition of illegal buildings in the "Land and Resources Punishment Decision", the Court Executive Bureau ruled that the implementation of the implementation of the execution on the grounds Can the procedure, can the procuratorial organs supervise?

Prosecutor: This situation can be applied for supervision. According to the relevant provisions of the Supreme People's Court, the scope of the application of this execution process is that the implementation of the target is based on the property, and there is no property for execution or property but not enough to settle. The demolition of illegal buildings does not apply to end this execution process. The procuratorate may supervise the people's court ruling in accordance with the provisions of Article 109 (2) of the "Administrative Litigation Supervision Rules of the People's Procuratorate".

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Article 109 of the "Administrative Litigation Supervision Rules of the People's Procuratorate": If the People's Procuratorate finds one of the following circumstances, such as the implementation of rulings and decisions, etc., it shall submit procuratorial suggestions to the people's court at the same level:

(1) Learning the jurisdiction, designated jurisdiction or the ruling of objection to the jurisdiction violates the law;

(2) Those who have violated the law of acceptance, not accepting, suspending execution, ending execution, ending the execution procedure, restoring execution, and execution of rotation;

(3) Change and additional execution subject errors;

(4) If measures such as property surveys, control, and disposal are adopted in violation of the law;

(5) Examination and implementation of objections, reconsideration, and rulings made by outsiders violated the law;

(6) Those who decide on fines, detention, suspension of enforcement violations of laws and regulations;

(7) Those who enforce rulings and decides violations of legal procedures;

(8) If the administrative behavior of the administrative organs apply for compulsory execution, a ruling that is allowed to enforce or is not allowed to enforce violations of the law;

(9) Those who execute rulings and decisions have other illegal situations.

A corporate legal person: Prosecutor, I think that the court freezes the behavior of our company's account during administrative execution activities. Can it be applied for supervision?

Prosecutor: Yes. According to Article 130 of the "Administrative Litigation Supervision Rules of the People's Procuratorate", if the procuratorate shall take implementation measures such as freezing such as freezing regulations in the implementation of the people's courts, procuratorial suggestions shall be proposed to supervise.

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Article 110 of the "Administrative Litigation Supervision Rules of the People's Procuratorate": The People's Procuratorate discovered that the people's courts adopted investigations, seizures, frozen, assessment, auction, sale, repayment of property, and credit punishment in violation of regulations in the implementation activities. If the implementation measures are implemented, procuratorial advice shall be made to the people's courts at the same level.

An enthusiastic crowd: Prosecutor, I put forward an objection to the court's execution behavior, but the court does not accept it. Can I apply for supervision?

Prosecutor: This situation can be applied for supervision. According to the relevant provisions of the Supreme People's Court, the scope of the application of this execution process is that the implementation of the target is based on the property, and there is no property for execution or property but not enough to settle. The demolition of illegal buildings does not apply to end this execution process. The procuratorate may supervise the people's court ruling in accordance with the provisions of Article 109 (2) of the "Administrative Litigation Supervision Rules of the People's Procuratorate".

Law link

Article 111 of the "Administrative Litigation Supervision Regulations of the People's Procuratorate": If the People's Procuratorate finds that the people's court has one of the following cases that do not fulfill or care about implementation duties, they shall submit procuratorial suggestions to the people's court at the same level:

(1) If the implementation of the execution of the acceptance in accordance with the law shall not be accepted or a ruling is not given in accordance with the law;

(2) If the execution cases that have been accepted do not make an enforcement ruling in accordance with the law, the enforcement measures or implementation of the case within the statutory period without justified reasons;

(3) If illegal objections are not accepted, no rules or decisions are made after the reconsideration, or after acceptance;

(4) After the reasons for suspending implementation, stopping, and suspending execution disappear, the execution is not restored in accordance with regulations;

(5) It should be changed or lifted the execution measures in accordance with the law without changing and lifting;

(6) The administrative agencies that refuse to perform administrative judgment, ruling, and mediation notice shall not take execution measures in accordance with Article 96 of the Administrative Procedure Law of the People's Republic of China;

(7) Other acts that do not perform or perform their duties.

having said so much

Then we should

How to apply to the procuratorate to supervise?

Let's focus together

According to Article 29 of the "Administrative Litigation Supervision Rules of the People's Procuratorate", if the parties believe that there is an illegal situation in administrative execution activities, the people's procuratorate of the people's court where the people's court is located is responsible for the supervision of the complaint and procuratorial department.

If the reconsideration ruling and decision made by the superior court of the people's court in the case of the case can be unwilling to enforce the case, the people's procuratorate of the people's court where the people's court where the people's court is located can be supervised by the people's procuratorate where the people's court where the people's court is located.The "Regulations on the Supervision of the People's Procuratorate Administrative Litigation Supervision" stipulates that the procuratorial organs' supervision of administrative case enforcement activities from acceptance to censorship, ruling, and enforcement of multiple links. These supervision situations include both implementation of rulings and decision behaviors, but also implementing implementation behaviors.It covers a wide range and rich content.If you can't remember, just collect it with one click!(Guidance: Production of the Seventh Procuratorate of the Supreme People's Procuratorate: Beijing Municipal People's Procuratorate Beijing Municipal People's Procuratorate Third Branch Supply: Beijing Huairou District People's Procuratorate)

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