On April 29, the People's Procuratorate of Anhui Province held a press conference, at which it reported the special supervision work of the provincial procuratorial organs on "comprehensively deepening administrative procuratorial supervision to protect people's livelihood and interests according to law", and released six typical cases of administrative procuratorial supervision to protect people's livelihood and interests.
Li Weidong, Deputy Procurator General of the Anhui Provincial Procuratorate, introduced that from April 2022, the procuratorial organs of the province have deployed and carried out a two-year special supervision work of "comprehensively deepening administrative procuratorial supervision to protect people's livelihood and interests according to law". In the past two years, the provincial procuratorial organs have handled 4143 cases of various administrative procuratorial supervision, raised 26 protests, proposed 45 retrial procuratorial suggestions, submitted 1520 procuratorial suggestions to the courts, 2188 procuratorial suggestions to the administrative organs, and formed 76 working mechanisms with the administrative organs.
Among them, one case was rated as the 36th batch of guiding cases by the highest inspection, one case was rated as the "Top Ten Typical Cases of Administrative Prosecutions in 2023" by the highest inspection, 11 cases were selected as the typical cases of the highest inspection, five cases were selected as the outstanding cases of the highest inspection, and the special supervision work of "5+N" escort for people's livelihood and people's interests was rated as the outstanding case of "rule of law for people to do practical things" by the Provincial Party Committee and the Provincial Office of Governing People's Livelihood by Law. The Supreme People's Procuratorate has published and promoted the relevant practices of "small special projects" with Anhui characteristics for 19 times, and three special supervision works have been rated by the Supreme People's Procuratorate as excellent "small special projects" with the characteristics of "comprehensively deepening administrative procuratorial supervision to protect people's livelihood and interests according to law".
In 2022, the provincial procuratorial organs will deploy special supervision on the protection of the rights and interests of market subjects, and in 2023, the "small special project" of administrative procuratorial escorting the legalized business environment will be carried out. In accordance with the law, we properly handled 1049 procuratorial supervision cases involving the protection of the rights and interests of market subjects, issued 1032 procuratorial recommendations, and substantially resolved 194 cases, striving to create a legal business environment for business safety and enterprise benefit.
The provincial procuratorial organs carried out supervision and supervision to promote the implementation of public policies and the implementation of government commitments. A total of 649 lists of implementation issues were investigated. In response to the problems of the relevant administrative organs' failure to implement public policies and their failure to implement their commitments in a timely manner, 73 procuratorial recommendations were formulated and issued in accordance with the law, and more than 120 million yuan of funds were urged to be implemented.
In the past two years, the provincial procuratorial organs have issued 237 procuratorial recommendations, and 205 have been adopted, urging the administrative organs to clean up 1546 "shell companies" in a timely manner; 311 cases involving the elderly were handled; A total of 286 false marriage registrations were revoked under the supervision of the whole province; More than 140 procuratorial suggestions were issued to the administrative organs on the radical treatment of wage arrears, helping migrant workers to claim more than 10 million yuan in wages. In the past two years, the procuratorial organs of the province have made comprehensive use of protest, procuratorial suggestions, public hearings, facilitation of reconciliation, judicial assistance and other means to substantially resolve 323 administrative disputes, conducted 145 public hearings, resolved 55 administrative disputes over 10 years, and completed the case.
In addition, the provincial procuratorial organs, in combination with the special rectification of prominent problems in the field of road traffic safety and transport law enforcement, focused on the strong problems reflected by the public in this field, such as "profit seeking law enforcement", law enforcement "rent-seeking", irregular law enforcement, and rough law enforcement, and carried out special supervision work in the field of road traffic safety and transport law enforcement. The province handled 220 cases in this field, put forward 182 procuratorial suggestions, adopted 140, and resolved 25 administrative disputes substantively.
[Typical case]
Administrative procuratorial supervision case of a county procuratorate urging the transportation competent department to perform its duties according to law
Eight companies (hereinafter referred to as the eight companies involved in the case), including an automobile transportation limited company, are responsible for the earthwork transportation of a project. From the evening of August 25, 2022 to the early morning of August 26, 2022, a total of 51 waste trucks were captured and photographed in eight companies involved in the case. A county transportation bureau filed a case against the illegal behavior of 51 waste trucks, but only the transportation company of the 12 waste trucks that were first registered made an administrative penalty decision, and the other 39 waste trucks made a decision not to impose administrative penalty, Only relevant transport enterprises are required to receive legal education and sign a letter of commitment.
The procuratorate of a county received the clue of the case from the superior procuratorial organ, and investigated and found out according to law that when the transportation bureau of a county handled 51 violations and out of limit acts in the same batch, it did not punish according to the circumstances of the violations and the degree of social harm, and colleagues in the same city were punished differently; There are illegal situations in the case handling procedure, such as no collective discussion in accordance with the law, adjudication before evidence collection, legal review and anti signing.
On June 21, 2023, a county procuratorate made and issued procuratorial suggestions to a county transportation bureau, urging the bureau to standardize administrative law enforcement activities, unify law enforcement standards, legally and reasonably exercise discretion, and put an end to "different punishments for the same case in the same city"; Strictly abide by the provisions of case handling procedures, strengthen education and training, and strengthen file evaluation and management.
The transportation bureau of a county adopted the procuratorial suggestion, rescinded the decision not to punish 39 vehicles for exceeding the limit, punished them according to the same standard as the 12 vehicles already punished, modified and improved the internal case handling procedures in the area of overload control in the county, carried out special business training, improved the level of law enforcement professionalism, and carried out supervision and inspection of administrative law enforcement.