Recently, the Supreme People's Procuratorate issued the Opinions on the People's Procuratorate's Supervision of Administrative Illegal Acts in the Performance of Administrative Litigation Supervision Responsibilities (hereinafter referred to as the Opinions), which aims to guide procuratorial organs at all levels to carry out supervision of administrative illegal acts, adhere to active exploration, steady progress, standardization and order, and strive to do a solid job, step by step, and achieve real results.

The Opinions pointed out the principles that the procuratorial organs should adhere to when carrying out the supervision of administrative violations in the performance of their duties of supervision of administrative litigation, namely, adhering to the leadership of the Party, adhering to the people as the center, adhering to the supervision according to law, adhering to precise supervision, adhering to the equal emphasis on supervision and support, and firmly promoting coordinated supervision. We should adhere to the function orientation of legal supervision, adhere to an objective and fair position, respect the law of the operation of administrative power, adhere to limited supervision, accurately grasp the scope, methods and procedures of supervision of administrative violations in the performance of administrative litigation supervision responsibilities, take facts as the basis and laws as the criterion, implement case-based handling, follow the principle of modesty, and do not interfere in the ongoing administrative procedures, Do not exercise administrative power or replace administrative litigation.

The Opinions clarified the scope, standards and focus of supervision of administrative violations. In performing its duties of supervising administrative litigation, the procuratorial organ found that the administrative organ had "exceeded its powers", "insufficient main evidence", "errors in the application of laws and regulations", "violated legal procedures", "obviously improper", "failed to perform or neglected to perform its powers" and other circumstances of illegally exercising its powers or failing to exercise its powers, which met the conditions specified in the Opinions and was really necessary, The supervision procedure for administrative illegal acts can be started to urge them to correct according to law. Always focus on the center and the overall situation of service, aim at the difficulties that seriously affect the high-quality economic and social development, the hot spots that the people strongly reflect, the blockages in social governance and other key issues, focus on the key areas closely related to the implementation of major national strategies, the protection of people's livelihood and interests, the construction of business environment, and focus on administrative disputes that affect the legitimate rights and interests of administrative counterparts, We should strengthen the supervision of administrative disorder and omission with serious circumstances.

The Opinions stressed the need to strictly handle the case procedure, and detailed the requirements for case acceptance, category case acceptance, investigation and verification, handling decisions, making procuratorial suggestions, terminating review, transferring to relevant departments for handling, handling period, tracking feedback, request report and filing, and reference handling. When the administrative procuratorial department of the People's Procuratorate finds that the administrative authority illegally exercises or fails to exercise its power in the reverse connection between administrative law enforcement and criminal justice, or when the minor procuratorial department, intellectual property procuratorial department and other comprehensive duty performing departments find cases of supervision over administrative violations in the performance of their duties, they shall handle them in accordance with the Opinions.

The Opinions pointed out that the supporting working mechanism should be improved. We will promote the in-depth integration and development of criminal prosecution, civil prosecution, administrative prosecution and public interest litigation, and optimize the internal coordination mechanism of procuratorial organs. We will establish and improve the system for people's procuratorates to listen to the opinions of administrative organs. Strengthen the concept of system, participate in the administrative law enforcement supervision, case evaluation and other activities carried out by the government, carry out the supervision of administrative violations, form a joint force of supervision, and enhance the effectiveness of supervision.