Research On The Scope Of Procuratorial Supervision Of Administrative Non-litigation Enforcement

At the end of 2018,the Supreme People’s Procuratorate divided the civil administrative procuratorial department into civil,administrative and public interest litigation procuratorial organs.The administrative procuratorial department,criminal procuratorial department,civil procuratorial department and public interest litigation procuratorial department jointly constitute the "four procuratorial" parallel legal supervision pattern.The administrative prosecution mainly includes the supervision of judgment results,the supervision of trial illegal acts and the supervision of administrative execution.Among them,the supervision of administrative non litigation execution is also known as the work focus and new growth point of the grass-roots administrative prosecution.In February 2018,the Supreme People’s Procuratorate launched a special activity of administrative non litigation execution procuratorial supervision.In September 2019,the Supreme People’s Procuratorate issued the15 th batch of guiding cases and six typical cases of administrative procuratorial to guide the administrative procuratorial business including non litigation execution supervision,which made the work of administrative non litigation execution procuratorial supervision develop continuously.Through literature research and case study,this paper combs and discusses the scope of administrative non litigation enforcement procuratorial supervision,further promotes the development of administrative non litigation enforcement procuratorial supervision business,promotes the solution of "difficult enforcement and disorderly enforcement",and promotes judicial justice and administration.The main contents of procuratorial supervision of administrative non litigation execution include the court’s acceptance,examination,adjudication,implementation of administrative non litigation execution application,and the administrative irregularities and illegal acts found in the process of supervision.Therefore,this topic focuses on the scope of administrative nonlitigation enforcement supervision by analyzing some typical cases of administrative non litigation Enforcement Supervision issued by the high Procuratorate,some cases of administrative non litigation enforcement supervision in Baotou region and other regions,including whether the court should accept and not accept,and whether it should not accept and accept in the process of court acceptance In the process of investigation,it mainly supervises whether the court has ruled to approve the execution of administrative acts with significant and obvious violations,whether there are violations of laws and regulations in the adjudication of the application for compulsory execution,and whether the court is slack in the execution,illegal execution and illegal application of "separation of adjudication and execution".As one of the key points of administrative procuratorial business,the procuratorial supervision of administrative non litigation execution not only urges the court to accept,file,review and execute in time according to law,but also urges the administrative organ to apply to the people’s court for execution in time according to law.The procuratorial organ should improve the internal supervision mechanism,strengthen the communication with the court and administrative organ,and effectively promote the substantive resolution of administrative disputes.