Research On The Issue Of Administrative Non-litigation Execution Procuratorial Supervision

Procuratorial supervision of administrative non-litigation execution is the specialized work of procuratorial organs in inspecting and supervising administrative non-litigation enforcement activities in accordance with legal provisions.As an important part of administrative procuratorate,this type of procuratorial supervision is of great significance to make up for the shortcomings of administrative procuratorate,substantively resolve implementation difficulties,and realize the checks and balances of public power.The supervision of administrative non-litigation enforcement procuratorial supervision developed late,and in 2018,the Supreme People’s Procuratorate announced that it would carry out special activities nationwide.Subsequently,local procuratorial organs implemented a number of measures to actively explore and accumulate valuable experience in procuratorial supervision.The useful explorations of procuratorial organs objectively reflect the proactive nature of procuratorial organs,but they should also be soberly aware that achievements and problems exist at the same time,and these explorations have not yet changed the shortcomings of administrative non-litigation enforcement procuratorial supervision.By studying two typical cases released by the Supreme People’s Procuratorate,this paper finds the problems existing in the judicial practice of procuratorial organs and puts forward suggestions for optimization.The body of the paper includes the following.The first part is case introduction and analytical thinking.Through studying the cases released by the procuratorial organs,it is found that the procuratorial organs have roughly gone through the process of discovering clues in the case,to carrying out investigation and verification,to reviewing and supervising the case,and then to formulating and issuing procuratorial recommendations in the administrative non-litigation enforcement procuratorial supervision work.On this basis,through analyzing and considering the cases,it is found that the procuratorial organs’ case leads have limited sources,the means of investigation and verification are flexible,the main points of case review are relatively complex,and the procuratorial suggestions are not adopted.The second part is the jurisprudence basis for the theme of the paper.By studying the meanings of "administrative non-litigation enforcement","procuratorate" and "supervision",the concept of administrative non-litigation enforcement procuratorial supervision is clarified.Reveal its penetrating,complex,and procedural characteristics.Introduce the legal basis of this type of procuratorial supervision,and clarify its legal attributes by introducing and analyzing the views of experts and scholars.Clarify its value of making up for the shortcomings of administrative procuratorates,substantively resolving implementation difficulties,and realizing checks and balances on public power.The third part is the analysis of the main issues of the theme of the paper.Supported by relevant data and cases,the main problems faced by procuratorial organs in the performance of duties in such cases include the following aspects.First,the lack of leads in procuratorial supervision cases is mainly due to the fact that procuratorial organs do not independently obtain case leads and are limited in independently obtaining case leads.Second,the difficulty of procuratorial organs in investigating and verifying cases is mainly reflected in the lack of rigid measures for the right to investigate and verify and the lack of cooperation of the targets of investigation and verification.Third,the main points of supervision case review are insufficient,mainly reflected in the fact that legal norms need to be refined.Fourth,the adoption rate of procuratorial recommendations needs to be improved,which is mainly reflected in the rigidity of procuratorial recommendations.Fifth,the work organization of procuratorial organs is weak,which is mainly reflected in the weak institutional setup of procuratorial organs and the need to improve the capacity of procuratorial organs.The fourth part is to put forward corresponding optimization suggestions for the above problems.In response to the lack of leads in procuratorial organs in supervision cases,it is proposed to establish a platform for sharing files of key cases of "legal inspection" and the establishment of a platform for sharing information on "inspection" cases,and promote the establishment and smoothing of channels for leads between procuratorates and courts,and between procuratorates and administrative organs.In view of the difficulty of procuratorial organs in investigating and verifying cases,rigid measures to increase the power of investigation and verification and improve the cooperation measures of the subject of investigation and verification are proposed(including establishing a cooperation mechanism for carrying out investigation and verification work and refining response measures for not cooperating with investigation and verification work).In response to the problem of unclear key points in the review of supervision cases,on the basis of drawing on relevant scholars and local experience,the main points of clarifying the process of court acceptance,review and ruling,and enforcement and implementation are put forward.In view of the problem of insufficient rigidity of procuratorial recommendations,improve the rationality of their content and formal standardization,and promote their follow-up implementation,so that they can issue a strong supervisory voice.In view of the weak organization of procuratorial organs’ work,suggestions are made on rationally allocating procuratorial supervision case-handling organizations and improving the capacity of relevant personnel.