China News Service, Beijing, March 9th: Exclusive interview with Supreme Prosecutor Zhang Xiangjun: The total number of administrative prosecution cases has doubled, and there are many highlights for "serving the people"
Reporter Zhang Su
The work report of the Supreme People's Procuratorate was submitted to the second session of the 14th National People's Congress for review on the 8th.
In 2023, procuratorial organs across the country handled a total of 169,000 administrative prosecution and supervision cases of various types.
"Overall, administrative procuratorial supervision has been strengthened, the total number of cases has doubled, and in-litigation supervision and extra-litigation supervision have developed comprehensively." Zhang Xiangjun, director of the Seventh Procuratorate (Administrative Procuratorate) of the Supreme People's Procuratorate, said in an exclusive interview with our reporter that administrative supervision The procuratorial work has many highlights in terms of "serving the people".
On March 8, the second session of the 14th National People's Congress held its second plenary session at the Great Hall of the People in Beijing.
Photo by China News Service reporter Sheng Jiapeng
Protect women’s legitimate rights and interests
The issue of protection of women's rights and interests in collective economic organizations has attracted increasing attention.
The newly revised Law on the Protection of Women's Rights and Interests clearly stipulates that women enjoy equal inheritance rights as men, and women exercise their inheritance rights in accordance with the law without discrimination.
However, in practice, there are still some courts that dismiss prosecutions on the grounds that women have no interest in the land-use rights registration act being sued.
"The procuratorial organs will focus on the focus of disputes, strengthen investigation and verification, clarify the facts, accurately apply the law, promote judicial justice with high-quality and efficient legal supervision, and safeguard women's legitimate rights and interests." Zhang Xiangjun said.
In November last year, the Supreme People's Procuratorate and the All-China Women's Federation jointly released typical administrative prosecution cases for safeguarding rural women's legitimate rights and interests involving land, leading local governments to increase supervision of administrative litigation and administrative non-litigation enforcement cases involving rural women's legitimate rights and interests.
In practice, the Jiangsu Procuratorate has created a cultural brand of "Protecting Youth", focusing on the protection of women's housing rights and implementation of maternity subsidies and urging relevant functional departments to perform their duties.
"We will continue to actively participate in the special action of 'Protecting People's Livelihood' and continue to implement procuratorial work for the people." Zhang Xiangjun said that this year we will focus on the wages of migrant workers, workers' work-related injury insurance, the protection of the legitimate rights and interests of the elderly and women, and the registration of fake marriages, etc. Highlight problems, give full play to the administrative procuratorial supervision function, and solve the urgent needs and worries of the masses.
On March 8, the second session of the 14th National People's Congress held its second plenary session at the Great Hall of the People in Beijing.
Photo by China News Service reporter Sheng Jiapeng
Solve the problem of “citizens suing officials”
The administrative litigation supervision of my country's procuratorial organs has covered the entire litigation process of administrative case acceptance, trial, adjudication and execution.
In 2023, the procuratorial organs handled more than 79,000 cases of administrative litigation supervision. The administrative protest change rate and the court's adoption rate of procuratorial suggestions for administrative retrial were 82.2% and 91.7% respectively. The adoption rate of procuratorial suggestions for supervision of administrative trial activities and administrative execution supervision was 100%. .
Administrative prosecutors have been handling cases of "citizens suing officials" for a long time and have developed some effective experience.
"Procuratorial integration is the magic weapon for handling major, difficult and complex cases." Zhang Xiangjun said that the legal relationships of some "citizens suing officials" administrative cases that enter the procuratorial link are complicated, and the problem of "procedure idling" still exists to varying degrees after the first, second, and retrials. Some cases also involve different regions where the jurisdiction of the case is concentrated and the location of the administrative agency being sued. This requires giving full play to the organizational advantages of the procuratorial agency.
It is known that the Supreme People's Procuratorate has also issued documents to standardize the hearing procedures for administrative prosecutorial supervision cases and build a platform for "official-civilian" dialogue and exchanges and judicial democratic participation to promote fairness and win public trust.
Zhang Xiangjun said frankly that the problem of "citizens suing officials" still exists to varying degrees in some places. Administrative counterparties "cannot succeed in suing if they have cases" and "cannot win if they sue with reason" are still "dead spots" in administrative litigation supervision.
He said that the procuratorial organs should strengthen the review of the legality of the accused administrative acts and urge the administrative organs to correct the violations through procuratorial recommendations.
On the other hand, attention should be paid to the administrative violations that have not yet entered the litigation process due to reasons such as the administrative counterpart "does not dare to file a lawsuit" or "does not know how to file a lawsuit", etc., and focus on strengthening the supervision of "things" such as illegal exercise of power or failure to exercise power. , supervision of “behavior”.
Promote "Procuratorial Protection of Enterprises"
"Protecting a legalized business environment" is another key word for administrative prosecution work in 2023.
"In order to implement the deployment of the 20th National Congress of the Communist Party of China on optimizing the business environment, the Supreme People's Procuratorate organized to escort the 'small special projects' of the legalized business environment and fully perform administrative prosecutorial functions," Zhang Xiangjun said. In 2023, the procuratorial organs will handle cases involving property rights protection, There were more than 25,000 cases related to market access, social credit, regulatory enforcement, etc.
In Beijing, Heilongjiang, Shanghai, Jiangsu, Zhejiang and other places, procuratorial organs have carried out special supervision on "false registration", "malicious cancellation", "shell companies" and "regulating enterprise-related administrative penalties" to optimize the development environment of business entities; in Fujian, The procuratorial organs have innovatively promoted the inclusion of administrative procuratorial supervision related to the business environment into the provincial government's "Business Environment Digital Monitoring and Supervision System"; in Anhui, the three-level procuratorial organs have focused on the breach of trust and breach of contract of "new officials ignoring old accounts" and carried out activities to promote the fulfillment of public policies and Special supervision of government contract fulfillment...
When reviewing the results of administrative prosecution work in recent years, Zhang Xiangjun also specifically talked about "coordinating and promoting the two-way connection of executions and supervision of administrative violations."
“In 2023, 113,000 procuratorial opinions will be issued to those who still require administrative punishment after the procuratorial organs decide not to prosecute.”
He said that the problem of "impunity without punishment" has been effectively corrected.
The Standing Committee of the National People's Congress will hear and review a special report on the administrative prosecution work of the Supreme People's Procuratorate this year.
Zhang Xiangjun said that he would take this opportunity to "comprehensively deepen administrative procuratorial supervision and comprehensively strengthen administrative procuratorial work in the new journey."
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