Strengthen the follow-up supervision of civil prosecution and realize the effective combination of public power supervision and private power relief

——Feng Xiaoguang, Director of the Sixth Procuratorate of the Supreme People’s Procuratorate, answered reporters’ questions on typical cases of follow-up and supervision of civil prosecutions

　　On October 29, the Supreme People's Procuratorate issued 4 typical cases of civil prosecution follow-up supervision.

As an important civil procuratorial supervision method after the implementation of the "People's Procuratorate Civil Litigation Supervision Rules", how to strengthen the rigidity of civil procuratorial supervision through follow-up supervision?

What signals did the 4 typical cases of civil prosecution follow-up and supervision give out in terms of law application and civil prosecution supervision?

On this topic, the reporter conducted an exclusive interview with Feng Xiaoguang, a member of the Supreme Procuratorate and Director of the Sixth Procuratorate.

Reporter: What is released this time is a typical case of follow-up supervision of civil prosecution.

The general public is still relatively unfamiliar with follow-up supervision. What is follow-up supervision?

What is the practice of follow-up supervision now?

Feng Xiaoguang:

Follow-up supervision comes from the clear provisions of the "People's Procuratorate Civil Litigation Supervision Rules". There are still obvious errors in the judgments, rulings and mediation documents made by the people's courts in the trial of civil protest cases; the people's courts do not provide for procuratorial recommendations If the decision is made within the time limit and a written reply is made; if the people’s court’s handling of the procuratorial suggestion is wrong, the people’s procuratorate may re-supervise it in accordance with relevant regulations or submit it to a higher-level people’s procuratorate for supervision.

　　In civil procuratorial practice, the main manifestations of follow-up supervision are as follows: one is that the People’s Procuratorate raises a protest after the retrial procuratorial suggestion has not been adopted; the other is that the judgment, ruling, and mediation made after the protest still have obvious errors. , Again filed a protest; thirdly, if the procuratorial recommendations regarding enforcement activities and illegal supervision of trial activities were not adopted or the results of the procuratorial recommendations were wrong, the People’s Procuratorate issued procuratorial recommendations again.

　　In recent years, the number of follow-up supervision cases has gradually increased.

In 2020, procuratorial organs across the country accepted a total of 1,150 follow-up supervision cases for the supervision of effective judgment results, a year-on-year increase of 1.2 times, and 74 protests were filed after review, a year-on-year increase of 2.5 times.

From January to September 2021, 1107 follow-up supervision cases were accepted for supervision of effective judgment results, a year-on-year increase of 79.4%, and 60 protests were filed after review.

Reporter: What are the significance of follow-up supervision by procuratorial organs?

Feng Xiaoguang:

First, follow-up supervision is an important means to achieve precise supervision of civil prosecutions.

Accurate supervision focuses on selecting appropriate supervision methods to supervise cases with rectification and leading value, so as to promote the resolution of judicial concepts, policies, and guidance issues in a field, a place, and a period of time, especially those involving public value or public interest.

The "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era" proposes that the procuratorial organs should accurately carry out civil litigation supervision and enhance the initiative, accuracy and effectiveness of supervision.

Therefore, for cases with rectification and leading value discovered during the performance of civil prosecutors' duties, if obvious errors and illegal situations still exist after supervision, follow-up supervision should be used to achieve the quality and effectiveness of supervision.

　　Second, follow-up supervision is an important way to reflect the dual effects of civil procuratorial public power supervision and private power relief.

Civil procuratorial supervision is the supervision of civil judicial power and civil enforcement power. The procuratorial organs correct the illegal acts and related consequences of the court in the exercise of judicial power and enforcement power, guarantee the unified and correct implementation of national laws, and safeguard national interests and social public interests. , To protect the legitimate rights and interests of citizens, legal persons and other organizations.

If the purpose of procuratorial supervision has not been finally achieved, the procuratorial organ has the responsibility to supervise again according to its powers, and while correcting public power behaviors, it also realizes the private rights relief for the applicant for supervision.

Reporter: Could you please introduce the overall situation of this batch of cases?

Feng Xiaoguang:

After multiple rounds of screening, we have selected 4 cases, which involve common and frequent issues in private lending disputes, financial borrowing disputes, enforcement objections, false mediation and other fields that are common in practice.

For example, the focus of the follow-up supervision case of Li Mouli vs. Zhu Mowen and Zhu Mohui on private lending disputes is the principle of distinction between the establishment of mortgage rights and the establishment of mortgage contracts. The procuratorial organs promoted this foundation in the Property Law through follow-up supervision The correct and uniform application of sexual norms.

Another example is the follow-up and supervision of financial loan contract disputes between Yang and Geng and a Tianjin bank Jinnan branch, which involves the validity of the guarantee contract for financial loans and the service procedure of the court. The investigation and verification by the procuratorial agency found that the case was involved in the guarantee contract. The guarantor’s signature was forged, and the court failed to participate in the litigation due to poor service. The follow-up supervision determined that the contract with the forged signature was not effective and the judgment was substantively changed, which reflects the supervision of civil prosecutors’ public power and private rights relief The double effect.

For example, the fourth branch of a group company in Liaoning applied for enforcement follow-up supervision. It was about a third party’s litigation preservation objection and enforcement objection. The procuratorial agency passed three supervisions, prompting the court to correct the illegal civil execution and clarify the civil execution. Some representative issues that have existed for a long time in the field, for example, the judicial power should play its due role in the preservation of litigation.

The last case for follow-up and supervision of construction contract disputes between a construction company and a real estate company involved the formation of a civil mediation statement by the parties in the construction engineering field through false litigation. The procuratorial agency investigated and verified the facts of the false mediation between the plaintiff and the defendant and passed it. Follow-up supervision eventually prompted the higher court to revoke the false mediation statement.

Since false litigation damages national interests such as judicial order and social public interests, procuratorial organs, as an important force to protect the "two benefits", should strengthen the initiative of follow-up supervision in such cases.

Reporter: We saw that the fourth branch of a group company in Liaoning carried out a total of three supervisions in its application for follow-up supervision. Is there any characteristic of the case?

Feng Xiaoguang:

The basic facts of this case are that a timber sales company sued Li Moujiang for payment of goods and other payments, and applied for lawsuit preservation.

During the litigation preservation, the court issued a notice of assistance in execution to the fourth branch of a group company in Liaoning, a third party, requesting the company to stop payment of 5.36 million yuan to Li Moujiang for the construction of the legal relationship in another case.

The company did not raise an objection and fulfilled its obligation of notifying Li Moujiang not to pay.

After the effective judgment was made, a timber sales company applied for compulsory execution. Because Li Moujiang had no other property, the execution court issued a ruling to detain Li Moujiang’s construction fund of 5.36 million yuan to the fourth branch of a group company in Liaoning. .

The fourth branch of a group company in Liaoning refused to accept it and filed an execution objection. Both the execution court and the higher reconsideration court rejected the execution objection on the grounds that the company did not file an objection during the preservation phase of the litigation.

The fourth branch of a group company in Liaoning applied to the procuratorial agency for supervision. The procuratorial recommendations issued by the district and municipal People’s Procuratorates were not accepted. Finally, the Liaoning Provincial People’s Procuratorate issued a procuratorial recommendation, which was adopted by the Liaoning Provincial Higher People’s Court.

　　In this case, the third-level procuratorial organs passed three enforcement supervisions, which provided guidance to some common issues in the field of civil enforcement. For example, the third party’s obligation to assist in the preservation phase of the litigation is a passive omission obligation, as long as the third party does not perform its duties. The debt to be executed is sufficient, and the right to raise an execution objection in the execution procedure cannot be denied because it did not raise an objection during the litigation preservation stage; the execution objection review cannot be "exercised on behalf of the trial", when the third party is in the execution After the objection is raised at the stage, the substantive legal relationship between the third party and the person subject to enforcement shall be handed over to the judicial department for trial, and the enforcement department shall not make a substantive judgment.