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Bringing Administrative Procuratorial Functions into Play in an Innovative Way

Li Zhengguo, member of the CPPCC National Committee and director of Sichuan Henghexin Law Firm

In July 2019, Jiang Mou in Kaili City, Guizhou Province reported the loss of his ID card to the public security organ and reissued a new second-generation resident ID card. In May 2021, Jiang found that from July to August 2019, his personal identity information was falsely used by others to register 28 companies in a district of Chengdu, Sichuan, and he was registered as the legal representative or shareholder of the company. Jiang was then falsely used as his identity information and applied to the Administrative Examination and Approval Bureau of a district in Chengdu to cancel the false name registration of 28 companies. On May 25, 2021, a district administrative examination and approval bureau determined that "industrial and commercial registration has completed identity verification" according to relevant regulations, and then issued a notice of rejection and cancellation of registration (filing).

In June 2021, Jiang filed an administrative lawsuit with the People's Court of a district in Chengdu and applied to the People's Procuratorate of that district for supervision because he did not accept the decision.

After investigation, the procuratorial organ found that the case was true. The Administrative Examination and Approval Bureau of a district has its own basis according to the provisions of the Market Supervision Administration of Sichuan Province that "the industrial and commercial registration has completed the identity verification".

In response to this situation, the procuratorate of the district organized Jiang to hold a communication and coordination meeting with the administrative organ for the substantive resolution of administrative disputes. After discussion and interpretation, an agreement was reached on the resolution plan, and the administrative examination and approval bureau of a district revoked the industrial and commercial registration of 28 Jiang companies. Jiang acknowledged the work and opinions of the procuratorial organ, and agreed not to appeal against the administrative dispute over industrial and commercial registration under the false name.

In view of the conflict between the administrative normative documents involved in the case found in handling the case and the real name authentication system in actual work, the procuratorial organ, together with the administrative examination and approval bureau of a district, studied the rationality of the provisions of the administrative normative documents involved in the case, urged the bureau to timely feed back problems to the superior administrative organ, and successfully urged the superior administrative organ to issue a notice, The implementation of relevant regulations has been adjusted. After receiving the notice, the procuratorial organ insisted on tracking and asking for effectiveness, and urged the administrative examination and approval bureau of a district to re accept more than 200 applications for revoking pseudonym registration, which had previously reported that identity information had been falsely used and had not been accepted, thus achieving the effect of "handling one application and managing one area".

This case is quite innovative compared with the current system. In terms of intervention time, the procuratorial organ accepted the supervision application of the party Jiang when the administrative litigation procedure was started, which is different from the situation that the People's Procuratorate Administrative Litigation Supervision Rules stipulate that the people's court should apply for supervision after making a judgment; In terms of intervention mode, the procuratorial organ adopts the method of organizing the parties and the administrative organ to hold a communication and coordination meeting to discuss problems face to face, which is different from the traditional written review form. It not only reduces the communication cost, but also helps to improve the work effectiveness; In terms of the supervision effect, the procuratorial organ urges the administrative organ to take effective measures to solve similar problems, and extends the supervision effect to similar cases, which is different from the traditional case supervision mode.

This case is a typical case in which the procuratorial organ exerts its administrative procuratorial function and ultimately resolves administrative disputes substantively. It is a useful exploration of the current administrative procuratorial system by the procuratorial organ.

In June 2021, the Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era clearly stated that "if procuratorial organs find that administrative organs illegally exercise or fail to exercise their functions and powers in performing their legal supervision duties, they can formulate and issue procuratorial suggestions in accordance with legal provisions to urge them to correct." Practice in various regions shows that, Administrative procuratorial work plays a positive role in supervising the administration of administrative organs according to law. On the one hand, the procuratorial organ, as the legal supervision organ, supervises the administrative organ's administration according to law, which is one of the procuratorial organ's legal duties; On the other hand, administrative procuratorial supervision has the characteristics of externality, initiative and comprehensiveness, which can make up for the shortcomings of passive, conservative and private interest protection oriented administrative litigation, and is conducive to the optimal allocation of judicial powers.

At present, the administrative procuratorial work is still developing in innovation. It needs to further improve the system, find the right direction, define the position, clarify the boundaries between procuratorial supervision power and administrative power, supervisory power, administrative reconsideration, administrative litigation, and ensure the standardized exercise of procuratorial supervision power; Explore the comprehensive use of diversified supervision means, choose a reasonable opportunity for procuratorial power to intervene, and flexibly use procuratorial suggestions, administrative law enforcement filing, support prosecution, consultation and discussion and other measures to promote the substantive resolution of administrative disputes.

Edited by: Qin Yun