(Two Sessions Express) Who "escorts" legal actions?

Deputies to the National People's Congress suggest legislation for "law"

  China News Service, Beijing, March 10 (Zhao Yejiao Guo Qiyu) How to regulate the huge database of laws and regulations?

Who will guarantee the legal supervision of the procuratorial organ?

During the National People's Congress and the National People's Congress, many NPC deputies suggested starting from the legislative level to "escort" relevant laws and regulations and legal actions.

  As a public product, laws and regulations are provided by the state free of charge to all people.

On February 24, 2021, China's national laws and regulations database was officially opened for operation, covering the most important content of the socialist legal system with Chinese characteristics, and providing the public with public products that can be seen, found, and used.

Luo Weihong, deputy to the National People's Congress, deputy director of the Standing Committee of the Hangzhou Municipal People's Congress, and deputy chairman of the Zhejiang Provincial Committee of the Jiu San Society.

Photo courtesy of the interviewee

  In order to make the rule of law service more timely and convenient to "fly into the homes of ordinary people," Luo Weihong, deputy director of the Standing Committee of the Hangzhou Municipal People's Congress, and chairman of the Hangzhou Municipal Committee of the Jiu San Society, suggested that the "National Laws and Regulations Database Law" be formulated from the legislative level.

  "By formulating the'National Laws and Regulations Database Law', it not only provides a unified carrier for the legislative departments to publish laws and regulations, but also provides long-term, safe and effective operation guarantee for the national laws and regulations database." Luo Weihong said.

  It suggested that the "National Laws and Regulations Database Law" should clarify the construction standards, contents, responsible entities, and competent authorities of the national laws and regulations database.

For example, in terms of the content of the database, on the current basis, judicial interpretations formulated by the Supreme People’s Court and the Supreme People’s Procuratorate, international treaties and conventions that China has joined, and reports to the Standing Committee of the National People’s Congress formulated by the legislatures of the Hong Kong Special Administrative Region and the Macao Special Administrative Region should also be included. Laws that will be filed.

Jia Yu, deputy to the National People's Congress and chief procurator of the Zhejiang Provincial People's Procuratorate.

Photo by Zhang Yin

  In his view, the establishment of a national database of laws and regulations in accordance with the law will facilitate the public to obtain accurate, effective and complete laws and regulations from a unified official channel, so that the whole people can share the results of the rule of law.

  As a local judicial office worker, Jia Yu, a deputy to the National People's Congress and the chief prosecutor of the Zhejiang Provincial People's Procuratorate, called for legislation to supervise the law for two consecutive years.

"Through the formulation of the "Legal Supervision Law", it is clear that procuratorial organs will'supervise who' and how they will supervise,'how to guarantee' and other legal supervision functions."

  Jia Yu said frankly that the current society's awareness of the legal supervision functions of procuratorial organs is generally low, and the subjects under supervision have different understandings of legal supervision. There is still much room for improvement in the supervision authority and effectiveness of legal supervision.

  "There are many reasons for these phenomena. One important factor is that there is no unified legislation for the legal supervision of procuratorial organs." Jia Yu believes that the formulation of the "Legal Supervision Law" can clarify the objects and scope of responsibilities of legal supervision of procuratorial organs. , Conditions, standards and procedures, and measures to ensure that the procuratorial organs carry out legal supervision.

  For example, on the issue of “who to supervise” in legal supervision, it is stipulated that investigative agencies, judicial agencies, penalty enforcement and supervision agencies, and administrative agencies should consciously accept the legal supervision of procuratorial agencies.

At the same time, legislation has been passed to provide legal responsibility for not accepting legal supervision opinions and suggestions made by procuratorial organs according to law without justifiable reasons.

  Jia Yu hopes that through the formulation of the "Legal Supervision Law", the common problems encountered by procuratorial organs in carrying out legal supervision work will be fundamentally solved, and the problem of weak legal supervision of procuratorial organs will be solved.

(Finish)