Procuratorial proposal corrections to correct 22 administrative punishment errors, Xinjiang Railway Procuratorate promotes administrative organs to perform duties in accordance with the law by judicial supervision
Author:Xinjiang Legal Daily Time:2022.07.18
"After rectification, Wang has been refunded by Wang's administrative penalty of 1,000 yuan. Thanks again for the procuratorate for supervision of our unit's work, we will also strictly law enforcement discipline." On July 14, the Forestry and Grassland Bureau of Awati County gave the Korla Railway for the Korla Railway. A reply from the Procuratorate.
"On the first anniversary of the implementation of the" Administrative Penalty Law of the People's Republic of China ", it is meaningful to receive this reply." Said Liu Wenzheng, deputy prosecutor of the Korla Railway Procuratorate.
Beginning in January this year, the Xinjiang Railway's two -level procuratorial organs have carried out cases of administrative violations in response to environmental resource -related resource -related cases without prosecution cases, and promoted administrative organs to perform their duties in accordance with the law with judicial supervision.
The "Administrative Penalty Law of the People's Republic of China" stipulates that if a minor under the age of 14 has illegal acts, it will not be punished by administrative penalties and ordered the guardian to discipline. In February this year, the Korla Railway Transport Procuratorate found that in the case of administrative penalties, the punishment of the Forestry and Grassland Bureau of Awati County was a minor who was under the age of 14, and then issued a prosecution proposal to the bureau. According to the rectification of the procuratorial proposal, the bureau had the "fines have been retired" in the above letter of reply.
Administrative in accordance with the law, the law must be dependent. In March of this year, the Urumqi Railway Transport Branch of the People's Procuratorate of the Autonomous Region found in the performance of the Urumqi Forestry and Grassland Administration in administrative penalties for the administrative penalty of wild animals. In accordance with the relevant provisions of the "Wildlife Protection Law of the People's Republic of China", a fine of more than twice or less shall be imposed. The Urumqi Railway Transport Procuratorate issued a prosecution proposal to the bureau to urge it to revoke the original administrative penalty decision and re -impose administrative penalties.
The law enforcement must be strict, the penalty is less, and the penalty is not enough. In April of this year, the Korla Railway Transport Procuratorate found that when investigating and dealing with illegal hunting cases, the Forestry and Grassland Bureau of Awati County did not impose a penalty for receiving hunting and hunting tools, but the fines exceeded the hunting obtained by the law. The value of the maximum of five times the punishment standard was issued to the bureau's procuratorial proposal.
Since January this year, the 19 administrative procuratorial proposals issued by the Xinjiang Railway's two -level procuratorial organs have compared the rectification of the administrative penalties and re -made the administrative penalty decision to promote the correction of 22 administrative punishment errors. Each administrative organs also carried out self -examination and self -correction to prevent similar problems from happening again, and achieved a good effect of "handling a case, education, and governing one party".
In May this year, the Standing Committee of the Autonomous Region People's Congress passed the "Resolution on Strengthening the Legal Supervision of Procuratorate in the New Era" stipulated that the administrative law enforcement organs should accept and actively cooperate with the legal supervision of the procuratorial organs to further enhance the rigidity of procuratorial proposals. "The railway procuratorial organs will further improve their initiative, strive to form a benign interaction with the administrative organs, continue to promote the executive authority to perform their duties in accordance with the law, and enhance the credibility of judicialness." Said Ma Shijun, the prosecutor of the Urumqi Railway Procuratorate. (Pomegranate cloud/Xinjiang Legal Daily reporter Zhang Xiu Tong Wenyan Correspondent Wang Fuqiang)
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