A Study On The Issue Of The Supreme People’s Court And The Supreme People’s Procuratorate Joint Party And Government Organs Issued Documents

With the development of economy and society,the phenomenon of joint issuance of documents by the two high authorities and party and government organs has become more and more frequent.Although the form of joint issuance can bring into play the functions and political functions of social governance of the two high authorities and form the synergy of governance,the joint issuance of documents by the two high authorities has not been legally recognized because the legal level of China only affirms the form of joint issuance between ministries and commissions of the State Council.At the same time,because there is no system to regulate the issuance of joint party and government organs by the two high authorities,making such issuance problematic in terms of subject,nature of the document,applicable rules,supervision and filing.At present,China’s theoretical research on the phenomenon of joint party and government organs issuing documents is still insufficient,but in practice this form of issuing documents will still exist for a long time.Therefore,on the basis of research on its value and problems.it is necessary to propose countermeasures to regulate the behavior of joint party and government organs.This paper collects and collates the documents issued by the joint party and government organs of the two high authorities,and conducts some research on the subjects and names of the documents issued,and finds that the subjects of the documents issued by the joint party and government organs of the two high authorities are more varied,including the central authorities,ministries and agencies under the State Council,and other mass organizations and enterprises with certain administrative functions.The diversity of subjects caused the difficulty in the characterization of documents.Some of the documents are difficult to qualify and lead to the problem of conflicts and contradictions in their application.At the same time,because some of the documents issued by the two high authorities jointly with the party and government organs are abstract and general.then the implementation effect of this part of the issued documents in practice is unknown.and may also cause the lengthy and complicated legal system in China,and the necessity of its joint will be questioned.But it is undeniable that the two high joint party and government organs issued in the current still has a strong vitality.The complexity of the social governance environment has increased the difficulty of governance of public authorities,and has put forward higher requirements for their level of governance.In addition,in order to promote the implementation of the rule of law strategy,it is inevitable that the public power subjects give full play to their advantages and,under certain conditions,joint governance.Therefore,when there is a need for joint governance of judicial and administrative powers,the two high authorities jointly party and government organs to issue a document can provide the basis and guidance for the work of the relevant departments.In order to regulate the issuance of documents by the joint party and government organs of the two high authorities,the relevant subjects should obtain authorization before they can jointly issue documents.At the same time,the nature of the relevant documents should also be clarified,especially the division of documents of judicial interpretation nature.It is also necessary to further regulate the procedures for the formulation and application of documents.Finally,the supervision subjects of relevant documents should be clarified,and a filing review system for such documents should be established on the basis of the existing filing review system.