Civil and Administrative Procuratorial Guidance and Research. Issue No. 1

Author: Civil and Administrative Procuratorial Department, Supreme People's Procuratorate
Publisher:
Publish Date: 2004-08-01
Features: Over the past decade, civil and administrative procuratorial supervision has been carried out earnestly by procuratorial organs across the country, fulfilling the responsibilities entrusted by the Constitution and laws. They have legally supervised civil trials and administrative litigation, effectively upholding judicial fairness and authority, and ensuring the unified and correct implementation of civil and administrative laws. However, the relevant legislation of the current civil and administrative procuratorial system is still imperfect, and the theory is not yet mature, which has to some extent constrained the further development of civil and administrative procuratorial work. Therefore, many regions have taken practical approaches, carried out effective explorations while fulfilling their duties, and achieved valuable experiences and practices. Many colleagues have also actively engaged in theoretical research on civil and administrative procuratorial work, attempting to provide theoretical foundations for the reform and improvement of the system in the future. However, some regions still lag behind in civil and administrative procuratorial work, lacking calm, rational thinking and in-depth research on its future development. Therefore, under the new circumstances, focusing on the theme of "strengthening legal supervision and upholding fairness and justice," by enhancing guidance and research, and organically combining guidance, research, and case handling, we must provide a solid theoretical foundation, comprehensive institutional support, and a favorable external environment for the better development of civil and administrative procuratorial work in the new era. This will ensure the realization of fairness and justice in the entire society, which is an important task we face at present. The Civil and Administrative Procuratorial Department of the Supreme People's Procuratorate has always attached great importance to guidance and research in civil and administrative procuratorial work. The publication of this book, "Civil and Administrative Procuratorial Guidance and Research," is an important measure to strengthen such guidance. After extensive preparation and efforts, this book is finally presented to the readers. We hope that its publication can provide guidance and reference for the practical work of civil and administrative procuratorial departments, and offer a platform for research and exploration in civil and administrative procuratorial work and theory for those who are concerned and support our work. The main columns and content introduction of this volume are as follows:
[Policy and Spirit] This mainly includes instructions and speeches by leading comrades on civil and administrative procuratorial work, the spirit of relevant procuratorial conferences on civil and administrative procuratorial work, and the regulations formulated by the Supreme People's Procuratorate. This volume includes the speech by Vice Procurator-General Zhao Hong at the 2003 National Civil and Administrative Procuratorial Work Symposium, the speech by Director Wang Hongyi on strengthening civil and administrative procuratorial work, and excerpts from the speech by Director Ji Min of the Supreme People's Court's Supervision Tribunal at the 2003 National Court Supervision Work Symposium.
[Procurator-General Forum] This mainly features innovative, forward-looking, and guiding discussions on the reform, development, and standardization of civil and administrative procuratorial work by procurator-generals of various regions, especially those at the provincial level. This volume includes three special essays by the Procurator-General of Guangdong Provincial People's Procuratorate, Zhang Xuejun, the Procurator-General of Fujian Provincial People's Procuratorate, Ni Yingda, and the Procurator-General of Hunan Provincial People's Procuratorate, He Sufu.
[Requests and Replies] This compiles requests from lower-level procuratorial organs on issues encountered in civil and administrative procuratorial work and the corresponding replies from the Supreme People's Procuratorate. This volume includes one case primarily involving the initiation of appeal procedures.
[Laws, Regulations, and Interpretations] This mainly includes important newly promulgated laws, regulations, and judicial interpretations related to civil and administrative procuratorial supervision. This volume collects six laws, regulations, and judicial interpretations, including the "Road Traffic Safety Law of the People's Republic of China" and the "Supreme People's Court's Interpretation on Applying Laws to Personal Injury Compensation Cases," as well as a notice by the Supreme People's Procuratorate on forwarding the "Supreme People's Court's Notice on Issuing the Model of for Civil and Administrative Appeal Cases."
[Theoretical Debates] This introduces views on the civil and administrative procuratorial system from experts, scholars, relevant departments, and civil and administrative procuratorial officers, and selects relevant theoretical articles for publication. This volume presents seven articles, including discussions on basic methods for analyzing civil law cases, research on the forms of tort liability, studies on the fundamental theory of the civil and administrative procuratorial system, empirical reviews and theoretical reflections on the current conditions for civil appeals, and theoretical explorations on the civil and administrative evidence system and the supervision system for civil execution.
[Investigations and Research] This mainly includes empirical investigations, legal analyses, and policy discussions by procuratorial organs across various regions on issues and phenomena reflected in civil and administrative procuratorial work. This volume publishes an article on an investigation and analysis of 42 cases of false civil litigation in Zhengzhou.
[Experience Sharing] This summarizes and introduces timely good practices and experiences in civil and administrative procuratorial work by lower-level procuratorial organs. This volume includes collaborative opinions, provisional regulations, and meeting minutes jointly formulated by provincial-level, municipal-level, and grassroots procuratorial organs with their respective courts on civil and administrative trial supervision and procuratorial work, reflecting the positive situation of coordination and cooperation between procuratorial organs and courts nationwide on civil and administrative procuratorial work, which is worth learning and referencing by all regions in their work.
[Work Reference] This mainly introduces the practical work carried out by procuratorial organs across various regions to explore new supervision methods and expand the scope of civil and administrative procuratorial supervision. This volume includes the "Provisional Regulations on Procuratorial Organs Initiating Civil Actions under Criminal Cases" by Hunan Provincial People's Procuratorate and the "Provisional Regulations on Handling Civil Actions under Criminal Cases" by Luzhou Procuratorial Organ of Sichuan Province, showcasing the exploratory efforts of procuratorial organs nationwide in civil and administrative procuratorial work.
[Case Analysis] This mainly provides theoretical reviews on the facts and legal application of original and retrial courts, as well as the reasons for appeals by procuratorial organs, in typical cases where appeals have been supported by courts. This volume selects five cases that combine theory and practice well, most of which involve significant disputes in their trials. Through careful study, readers are expected to gain insights from them.
[Selected Appeals and Judgments] This mainly selects and publishes some appeals and retrial judgments with accurate and thorough legal relationship analysis, strong logical coherence, and persuasive reasoning for readers to study and reference. This volume includes four appeals by the Supreme People's Procuratorate and three retrial judgments by provincial high courts.
"Civil and Administrative Procuratorial Guidance and Research" is edited by the Civil and Administrative Procuratorial Department of the Supreme People's Procuratorate. We will adhere to the principle of linking theory with practice, persist in serving civil and administrative procuratorial practice, reform, and teaching and research, and continuously improve the quality of editing. We believe that with the strong care and support of all sectors of society, as civil and administrative procuratorial work steadily progresses, "Civil and Administrative Procuratorial Guidance and Research" will grow vigorously and achieve fruitful results.