April 18, 2022,Supreme People's Procuratorate (hereinafter referred to as "Supreme Prosecutor") released the 36th batch of guidance cases,Inspection Case 146 to 149。This is the first time that the Supreme Procuratorate has published guidance cases with the theme of administrative procuratorial cases。The guidance case of this batch summarizes the local practice experience of the supervision of administrative procuratorial cases,I summarized the clue of the case of the case、Basic ideas for generating source and legal supervision,It provides useful guidance for the promotion of administrative procuratorial case supervision。Through the study of guiding cases of this approval,It can be found that the supervision of administrative procuratorial cases is improving the supervision effect、Solve the problem of commonality、It has a strong advantage in promoting the governance of the sources of complaints。Data empowerment in the future、Concept update、Social governance participation and other aspects continue to improve,Better play the advantages and functions of the supervision of administrative procuratorial cases。
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Current,In the transformation of procuratorial work from "business data" to "data business",Make good use of big data technology、Mastering big data thinking is very important。In the case of procuratorial guidance No. 146 (Lu Mou complained to the road traffic administrative punishment supervision case of the traffic police detachment of a public security bureau in Fujian Province),Fujian Provincial People's Procuratorate, while supervising and correcting case errors in accordance with the law,Methods of case supervision,Law enforcement standards for the administrative case of motor vehicle driving license in the province have been put forward specific requirements,and unified the referee scale。But the class supervision bet365 Play online games of the Fujian Provincial People's Court has only dealt with 32 cases,It is also a question related to revoking motor vehicle driving licenses,The number of cases in case supervision in a procuratorate in a city in Guangdong Province is far greater than this。The procuratorate of the district is empowering the source governance of big data,Massive criminal case data and law enforcement data of administrative agencies in the jurisdiction of the procuratorial business application system,Summarized the case clue of the traffic management department in the case of drunk driving dangerous driving case that did not revoke the motor vehicle driving license in time。Procuratorate conducts a case supervision of this case,Making procuratorial recommendations,and developed "Crimson Supervision Cancer Screening Model based on criminal litigation big data",It produced a good effect。
The highest prosecution pointed out,"The procuratorial work has entered the digital age,'Data' is deeply changing the procuratorial work of the new era "。On the one hand,Big data is a technological revolution。Calculation、Storage tasks are increasing,Data scale is huge and complex,Information technology introduced new,Make information development into the big data stage。Digital inspection、Smart inspection after years of iteration,Created a product application system 2.0 such as a procuratorial business application system carrying massive business data,Collect data through procuratorial business、accumulation,Basically realized "business data"。
On the other hand,Big Data is a thinking revolution。The new journey of digital procuratorial construction has opened a good game、Start up,Compared with "Business Data",More importantly, "data business"。"Data Business" requires that prosecutors can realize thinking conversion in business processing,Use deep learning、Related analysis and other methods to dig and use massive data,Change "Passive Case、Case Handling "old ideas for handling cases,Turn Bet365 app download to "Active Discovery、Supervision of Cases ",Strengthen legal supervision,Deepen the ability to perform duties,Do a real complaint source governance。Empowerment of the source of the sources with big data,helps to make up for legal supervision shortcomings、Discover clues in time,Help the procuratorial organs better maintain fairness and justice,to ensure the high -quality development of economy and society,Modernization of the national governance system and governance capabilities。
Change law enforcement, judicial concept
In law enforcement、On the judicial concept,It should be fully implemented by the people -centered development thinking,Fully protect the people's rights, especially litigation rights,Enhance the people's sense of fairness and justice、satisfaction。Procuratorate is the national legal supervision authority,The main theme of the administrative procuratorial system is: supervise public rights with public rights,Promote administration、The judgment organs change law enforcement and judicial concepts,Promoting administration according to law、Justice justice。
In the case of procuratorial guidance No. 147 (Inspection and Supervision of the People's Procuratorate of a Municipal People's Procuratorate in a Municipal People's Procuratorate in Hunan Province),The case involved in the end of the execution ruling that the party did not inform the parties' right to propose objection,The parties' litigation rights have not been fully guaranteed。The Municipal People's Procuratorate passed review、Investigation and Case Comparison Discovery,The filing procedure of many cases of the people's court of the city、Delivery notification、Administrative reconciliation procedure、There are irregular problems in the case of the case of the case。The procuratorial organs then proposed the corresponding procuratorial recommendations,Supervise the judgment agency to correct the problem,so as to implement the concept of fairness and justice。In the case of procuratorial guidance (Anhui Province Natural Resources and Planning Bureau applied for enforcement of compulsory demolition demolition bet365 Play online games of the building administrative punishment decision on land),Procuratorate not only corrects the incorrect rule of the court's refusal to accept the case,Also report to the Standing Committee of the National People's Congress on this matter and talk to government departments,Promoting the establishment of a long -term mechanism for curbing land illegal acts。This can be seen,Prosecutors pass the method of supervision of case supervision,Not only does it perform its supervision duties,Also actively guided law enforcement、Change of the judicial concept。
To achieve this change,Pay attention to the combination of the supervision method of the case and the guidance of the prosecution。On the one hand,Cases supervision is a powerful starting point for carrying out administrative procuratorial work,Being able to use the case as a breakthrough,Standardize administrative behavior、Unified Justice Judgment。Cases of category often originated from the behavior and special procuratorial activity of applying for supervision in the case,This is the guidance case of this approval.。The "rich mine" of the clue requires the prosecutor to actively dig for,Should be strengthened、Cultivate the consciousness of supervision of the case of prosecutors,Make it adhere to "Supervision in the case,The concept of handling cases in supervision ",Forging of the "ore" of the clue causes supervision。In practice,The procuratorial organs bear the functions of "two -handed entrustment",Methods through case supervision,It can effectively urge administrative organs to regulate law enforcement、Judgment Organ Unified Judgment,and promote law enforcement、The judicial smooth connection。
On the other hand,Prosecution guidance cases are the "textbooks" that are correctly applicable to the law,It is the "measuring balance" of standardized judicial behavior,is the "propaganda column" leading social style。Current,Demonstration and leading role of procuratorial guidance cases has not been fully played,Methods for supervision of class cases have not been commonly bet365 Play online games used。Prosecutors are handling related cases、Time of similar cases,In addition to relying on experience、Search method,It should also strengthen the retrieval of guiding cases。Prosecutors must be good at using analog thinking way,Identification of the similarity between the guidance case and the legal relationship between the legal relationship and the legal facts,Fully grasp the legal ideas and the spirit of the rule of law,Methods through case supervision,Promoting law enforcement、Change of the judicial concept,Social fashion that leads the conscious law of abide by the law,Cultivate the people's consciousness of the rule of law。
Actively participate in social governance
The 20th report of the party pointed out,"To improve the social governance system,Improve the social governance system for co -construction, co -governance sharing,Improve social governance efficiency,Unblocked and regulates the demands of the masses、Interest coordination、Equity Protection Channel,Everyone is responsible for construction、Everyone is responsible、The social governance community enjoyed by everyone "。Preventing and resolving social contradictions,It is an important part of achieving the above governance goals。
On the one hand,For the new pattern of diversified resolution of administrative disputes,Procuratorate must participate in the "big mediation" working system,Promote the substantive resolution of administrative disputes in accordance with the law。When the contradiction rises to the stage of administrative litigation,Procuratorate should actively work with the government、Court collaborative cooperation,Coordinated and coordinated solving difficulties、Complex administrative dispute cases,In -depth analysis of the reasons for the dispute,Realize the source of complaints。In procuratorial guidance case No. 149 (Mi Mou complained to a city housing and urban and rural construction bureau in Zhejiang Province、In the case of information disclosure and administrative reconsideration supervision of the people's government Bet365 lotto review of a city),Mi Mou has passed the first instance、Second instance、Review,Apply for procuratorial supervision to the procuratorate,There are deep social contradictions。For this case,The Municipal People's Procuratorate requested the Zhejiang Provincial People's Procuratorate to protest,Correct the wrong original rules; for such cases,The Municipal People's Procuratorate after handling this case,Carrying out a special survey on the Delivery of Legal Delivery,Listen to the administrative agency、Opinions of the People's Court and Post Department,Coordinated solving the confirmation standard for mailing the standard、Questions such as legal documents for postal companies,Avoid the re -occurrence of such contradictions from the source。
On the other hand,In the process of participating in social governance,The advantage of the integration of procuratorial integrated cases should be given full play。Integrated case handling case,The relay exercises at different levels of procuratorial rights in the vertical direction,The close connection of different business departments in the horizontal direction,It is multi -level、Legal supervision of multiple functions。In this approval case,,The vertical linkage of procuratorial organs at all levels and the horizontal collaboration of procuratorial organs in different jurisdictions,Inconsistent application of the law、The court's implementation of irregularities and other issues,It plays a great promotion role。Visible,Integrated case handling can better coordinate the interests of all parties,Guarantee the legitimate rights of the masses。The 41st batch of guiding cases released on September 22, 2022,Integrated case handling of cases is also reflected。For example, in the case of procuratorial guidance No. 166 (the Supreme People's Procuratorate urged the rectification of the Wanfeng Lake Basin's Ecological Environmental Ecological Environmental Lambon Litigation Case),Level 4 Procuratorate Integration Power,Coordinated Cases of Cross -administrative Currency Cases,jointly bet365 best casino games promoting local governments and relevant departments to solve the problem of pollution pollution in the Wanfeng Lake Basin。
(Author is a doctoral student at Jilin University School of Law; Assistant Prosecutor of the People's Procuratorate of Changchun City)
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