How bet365 sign up bonus code litigation supervises normative documents
June 23, 2021 08:13 Source: "Chinese bet365 sign up bonus code" Issue 2192, June 23, 2021 Author: Wang Chunye Xu Peicheng

"Public Interest Litigation Case for Unpaid Land Transfer Fees by Jinze Real Estate Co., Ltd., Changde City, Hunan Province" is a typical case released by the Supreme People's Procuratorate (hereinafter referred to as the "Supreme Procuratorate") in 2019。In this case,The procuratorate is urging the Changde Municipal Land and Resources Bureau to pursue the Jincheng Company involved in the case in accordance with the law、Kanazawa Company、When Hengze Company owed a huge amount of land transfer fees,It was discovered that a normative document "Changde Municipal Directly Managed Construction Project Preliminary Construction Supervision System (Trial)" related to this case and formulated by the Changde Municipal Housing and Urban-Rural Development Bureau had obvious illegal issues,The illegal aspects are: First, it violates the provisions of the Construction Law that the construction unit should obtain a construction permit before starting the construction project;Secondly, this normative document has no publication target、No publication date;Third, the normative document has not been released to the public、Not filed with the government legal department。Therefore,Both in terms of content and program,This normative document contains serious illegal problems,A typical illegal normative document。To this,The procuratorial organ adopts the procuratorial suggestion method,Recommend to the legal department of Changde Municipal Government to review and process this normative document in accordance with the law。The municipal government’s legal affairs department adopted the prosecutor’s recommendations,And issue a letter to the Municipal Housing and Urban-Rural Development Bureau, the main body that formulated the normative document, to stop the implementation of the document,The Housing and Urban-Rural Development Bureau thus abolished the normative document。Although the final result of the case is satisfactory,Not only recovered more than 1.3 billion yuan in land transfer fees,It also caused illegal normative documents to be abolished in time。But it also raises the following questions worth thinking about: Does the procuratorate have a legal basis for supervising normative documents in bet365 sign up bonus code litigation?How to design the legal system for the procuratorial organs’ supervision of normative documents?

Supervision of bet365 sign up bonus code litigation is mainly reflected in the provisions of Article 25, Paragraph 4 of the Administrative Litigation Law,This paragraph stipulates the procuratorial organs’ supervision of administrative agencies in ecological environment and resource protection、Food and Drug Safety、Protection of state-owned property、Situations in which administrative powers are illegal or inactive in areas such as the transfer of state-owned land use rights,Administrative agencies still fail to perform their statutory duties after going through pre-litigation procedures,bet365 sign up bonus code litigation will be filed,But there is no provision for the procuratorial organs to initiate bet365 sign up bonus code litigation,Can supervise relevant normative documents。And,Normative documents for ordinary administrative litigation based on the protection of the interests of the counterparty with review content,Does not apply to bet365 sign up bonus code litigation。Therefore,There is no basis in the current "Administrative Litigation Law" for the procuratorial organs to supervise administrative normative documents through bet365 sign up bonus code litigation。Even in the relevant regulations of the Supreme People’s Procuratorate on the use of procuratorial suggestions,It also does not involve the supervision of normative documents。The Supreme People’s Procuratorate issued the “Procuratorial Recommendations Work Regulations of the People’s Procuratorate” on February 26, 2019,Specifies issues related to the application of prosecutorial recommendations。For example,Specifies the types of prosecutorial recommendations,Including retrial prosecutorial suggestions、Procuratorial suggestions for correcting illegal violations、Public Interest Litigation Prosecution Suggestions、Procuratorial Suggestions on Social Governance、Other prosecutorial suggestions。Analyze the scope of application of these prosecutorial recommendation types,Does not involve supervision of normative documents,Especially in bet365 sign up bonus code litigation,It does not involve the supervision of normative documents。

It can be said,The procuratorial organ’s supervision of normative documents through bet365 sign up bonus code litigation lacks legal basis,This is also an important reason why people have questioned the procuratorial organs’ supervision of normative documents through procuratorial recommendations in the above cases。The author thinks,Constructing an incidental review system for bet365 sign up bonus code litigation is a better choice for supervising normative documents。

On the one hand,It is an inevitable trend to strengthen the supervision of normative documents through bet365 sign up bonus code litigation。Strengthen supervision of normative documents,Not only the need to protect citizens’ legitimate rights and interests,It is also the need to protect national interests or social public interests,Especially the goal of safeguarding public interests,Making it an inevitable trend in the development of the bet365 sign up bonus code litigation system to strengthen the supervision of normative documents through bet365 sign up bonus code litigation。Administrative agencies not only infringe on national interests or social public interests through their specific administrative actions,And often behind specific administrative actions,Having normative documents as the basis for its actions,Just like in the case of this article,The illegality of normative documents has become an important reason for the illegality of administrative actions。If illegal normative documents are not corrected,Even if specific administrative actions are corrected,It is also difficult to fundamentally solve the thoroughness of infringement of public interests,These normative documents may become the basis for them to continue to infringe national interests or social public interests in the future。Therefore,The goal of safeguarding national interests or social public interests,Decided that the bet365 sign up bonus code litigation system must be extended to supervise the normative documents on which administrative actions are based。

On the other hand,Establishing an incidental review system for bet365 sign up bonus code litigation,Is a suitable way to supervise normative documents。Supervision of normative documents through bet365 sign up bonus code litigation,Although it is a view that is more recognized by academic circles and practical circles,But in terms of how to strengthen supervision,There are different opinions。Some think,Normative documents should be included in the scope of bet365 sign up bonus code litigation,Just like other administrative acts included in the scope of the case,Explicitly list it,Even the procuratorate can directly initiate bet365 sign up bonus code litigation against normative documents。The author thinks,This view is a bit too advanced。In our country,Supervision of normative documents through relief,Including administrative review、General administrative litigation,Supervision is carried out in the form of incidental review,Even administrative reconsideration and supervision within the administrative system,Also an incidental review,That is, when the applicant “applies for administrative review of specific administrative actions,You can also submit an application for review of this provision to the administrative review agency”,Instead of making a separate legality review request for normative documents。Therefore,Under the current situation,Use normative documents directly as the scope of bet365 sign up bonus code litigation,Obviously inappropriate,It doesn’t work either,The best way is to adopt the method of accompanying review。

With the increasing improvement of the bet365 sign up bonus code litigation system,Strengthening supervision of normative documents has become an inevitable trend。Present,On the basis of the bet365 sign up bonus code litigation system,On the basis of absorbing the incidental review system of normative documents in ordinary administrative litigation,Establish an accompanying review system for normative documents in bet365 sign up bonus code litigation。Considering the differences between bet365 sign up bonus code litigation and ordinary administrative litigation,Therefore,The incidental review of normative documents in bet365 sign up bonus code litigation should also be different from the incidental review of ordinary administrative litigation。

First,In terms of time of mention。Ordinary administrative litigation sets a time limit for filing incidental review,That is, when filing a lawsuit,It may also be raised during the court investigation stage if there is “justifiable reason”,Not allowed at other times。The public interest protected by bet365 sign up bonus code litigation,Different from ordinary administrative litigation for personal gain,Therefore,The procuratorial organs should be allowed to request incidental review of any violations found in normative documents at any stage,It can be raised even at the second instance stage,There can be no time limit。

Second,In terms of the correlation between normative documents and administrative actions。Ordinary administrative litigation emphasizes the close correlation between normative documents and the administrative act complained of,Emphasize that normative documents must be the direct basis for administrative actions,This also prevents many normative documents from entering the legality review process。As for bet365 sign up bonus code litigation, the subject itself has legal supervision responsibilities,As long as it finds illegal situations in normative documents,They should be given the opportunity to supervise,Therefore,As long as the illegal regulatory documents have a certain connection with the case,Even if it is not the direct basis for administrative action,Not even the basis for administrative action,But it has an adverse impact on national interests or social public interests,Procuratorates should be allowed to file additional review requests,Don’t be too demanding on the degree of correlation。

 Third,In terms of review standards for the legality of normative documents。In reality,The review standards adopted in ordinary administrative litigation are relatively loose,For example,Normative documents do not conflict with higher-level laws, are not illegal, and other standards that usually only apply to regulations are used as review standards,As a result, very few normative documents are considered illegal,It also makes the review attached to normative documents useless。bet365 sign up bonus code litigation is out of the need to protect greater public interests,Tougher standards should be adopted,That is, normative documents must be based on higher laws,And consistent with the provisions of superior laws,Otherwise it is an illegal normative document,In this way, we can achieve the purpose of real supervision of normative documents and the protection of public interests。

 Fourth,In terms of the reflection of conclusions on illegal normative documents。After ordinary administrative litigation determines that normative documents are illegal,It is not reflected in the referee’s conclusion,But explain it in the reasoning part,Thereby affecting its execution ability,When the court makes judicial suggestions to the enacting agency to correct illegal normative documents,The formulation agencies often “ignore” or “shelve them on the shelf”,It is difficult to clean up illegal normative documents in a timely manner。bet365 sign up bonus code litigation should reflect its different characteristics,That is, the identification results of normative documents will be included as part of the court’s conclusion,Reflected in the referee’s conclusion,Thus making it enforceable,This forms a strong supervisory force,Promptly eliminate illegal normative documents that endanger public interests。

(Author’s unit: Hohai University bet365 sign up bonus code School)

Editor: Chang Chang
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