The Supreme People's Procuratorate (SPP) has issued a guideline on overseeing administrative violations in the performance of administrative litigation supervision by the people's procuratorates, aiming to guide procuratorial organs at all levels in carrying out such supervision.
The guideline outlines the principles that procuratorial organs should adhere to when supervising administrative violations in the performance of administrative litigation supervision.
It emphasizes the need to maintain the role of people's procuratorates in legal supervision, uphold objectiveness and impartiality, respect the operation law of administrative power, and adhere to limited supervision.
It underscores the need to accurately understand the scope, methods and procedures of supervising administrative violations in the performance of administrative litigation supervision, and to refrain from the practices of exercising administrative power or replacing administrative litigation.
The guideline specifies the scope, standards and key areas of supervising administrative violations.
Procuratorial organs may initiate administrative violation supervision procedures when they discover administrative institutions are illegally exercising or failing to exercise their powers during the performance of administrative litigation supervision. They can urge these institutions to rectify any malpractices in accordance with the law, as stipulated in the guideline.
The guideline focuses on key issues related to high-quality economic and social development, people's concerns, and social governance, as well as key areas closely related to major national strategies, people's livelihoods and interests, and the business environment. It also stresses concentrating on administrative disputes that may infringe on the legitimate rights and interests of administrative counterparties, and intensifying the supervision of serious cases of administrative misconduct or inaction.
The guideline highlights the need to strictly follow relevant procedures in handling cases, and details specific requirements.
Administrative inspection departments of the people's procuratorates, when identifying cases where administrative authorities illegally exercise or fail to exercise their powers during the reverse transference of administrative law enforcement and criminal justice, must handle such cases in accordance with the guideline.
The comprehensive functional departments such as the juvenile prosecution department and intellectual property prosecution department of the people's procuratorates, when identifying the cases of administrative violations during the performance of their duties, should also handle them in accordance with the guideline.
The guideline highlights the importance of improving supporting mechanisms. It calls for promoting the deep integration and development of criminal prosecution, civil prosecution, administrative prosecution and public interest litigation prosecution, as well as optimizing internal coordination mechanisms within procuratorial organs.
It calls for establishing a sound system for the people's procuratorates to solicit opinions from administrative agencies. Procuratorates are encouraged to participate in administrative law enforcement supervision initiated by the government to enhance supervisory effectiveness.
The guideline also includes requirements for standardizing case jurisdiction and clues management, as well as strengthening organizational leadership.
