Civil and Administrative Procuratorial Guidance and Research. Issue No. 2

Author: Compiled by the Civil and Administrative Procuratorial Department of the Supreme People's Procuratorate
Publisher:
Publishing Date: 2005-04-01
Features: At the end of the year, as 2004 was drawing to a close, the second issue of "Civil and Administrative Procuratorial Guidance and Research" finally made its debut. Looking back at the time of the first issue's publication, it was the height of summer, yet now, snow was falling outside the window, marking the first snowfall of the winter in Beijing. Time flies, and in this subtle passage of years, national legal system construction and judicial reform have been advancing actively and steadily. Similarly, under the guidance of the theme "Strengthening Legal Supervision and Maintaining Fairness and Justice," civil and administrative procuratorial supervision has also shown encouraging progress, with civil and administrative procuratorial case handling, guidance, and research work developing in new and greater ways.
In the second half of 2004, the Party Committee of the Supreme People's Procuratorate decided to adjust the division of labor regarding investigative power, requiring civil and administrative procuratorial work to combine litigation supervision with the investigation of duty-related crimes, thereby intensifying supervision and better upholding judicial fairness and authority. In October, the National Civil and Administrative Procuratorial Work Symposium was held in Dongyang, Zhejiang, summarizing and promoting the experience and practices of Zhejiang in strengthening the reasoning of appeal opinions, and making comprehensive arrangements for work in the coming period.
After the publication of the first issue of "Civil and Administrative Procuratorial Guidance and Research," it garnered attention from all sectors of society and resonated deeply with civil and administrative procuratorial workers. Some regions used this series as an important reference material for training civil and administrative procuratorial personnel and improving their professional quality, even treating it as a textbook. Others required leaders and civil and administrative procuratorial personnel to use it as a reference book. Many colleagues were inspired by the series and, in addition to their case handling, began to engage in theoretical research and work summaries. Some also provided valuable suggestions for the editing and publication of the series. All of this has become the greatest driving force for us to compile this book and carry out civil and administrative procuratorial guidance and research work.
We will continue to adhere to the direction of serving civil and administrative procuratorial practice, civil and administrative procuratorial reform, and teaching and research, constantly improving the quality of editing, striving to stay at the forefront of current civil and administrative procuratorial theoretical research, and remaining close to the front lines of civil and administrative procuratorial practice, so that "Civil and Administrative Procuratorial Guidance and Research" can truly play its role in researching civil and administrative procuratorial theory, elevating the quality of civil and administrative procuratorial work, and guiding civil and administrative procuratorial practice.
The main columns and content of this volume are as follows:
[Policy and Spirit] Mainly includes directives and speeches by leading comrades on civil and administrative procuratorial work, the spirit of civil and administrative procuratorial work symposiums, and relevant regulations formulated by the Supreme People's Procuratorate. This issue includes an excerpt from the speech by Vice Procurator General Jiang Jianchu at the 2004 National Civil and Administrative Procuratorial Work Symposium.
[Laws, Regulations, and Interpretations] Mainly includes important laws, regulations, and interpretations newly promulgated in relation to civil and administrative procuratorial supervision. This issue collects 14 laws, interpretations, and relevant approval documents, regulations, and notices from the Supreme People's Court.
[Theoretical Debates] Introduces views on the civil and administrative procuratorial system from experts, scholars, colleagues from relevant departments, and civil and administrative procuratorial personnel, as well as cutting-edge issues in civil and administrative substantive law. Selected theoretical articles are published. This issue features 5 articles, including discussions on the role of the procuratorial power in judicial reform, research on the normative types of the Contract Law and their legal application, as well as explorations into the procuratorial enforcement philosophy, the procuratorial organs' submission of appeals based on new evidence, and the enhancement of legal supervision capabilities in civil and administrative procuratorial work.
[Investigations and Research] Mainly includes empirical investigations, legal analyses, and discussions on countermeasures regarding issues and phenomena reflected in civil and administrative procuratorial work across various provinces. This issue includes 3 articles, such as the reflections of Vice Director Pan Jun from the Civil and Administrative Procuratorial Department of the Supreme People's Procuratorate on promoting the standardized construction of civil and administrative appeals, as well as research articles from Zhejiang and Sichuan provinces on the reasoning of appeal opinions and the support for prosecution.
[Experience Sharing] Timely summarizes and introduces good practices and experiences in civil and administrative procuratorial work at lower-level procuratorial organs for promotion. This issue includes draft regulations and implementation measures jointly formulated by provincial, municipal, and grassroots procuratorial organs with their respective courts on civil and administrative judicial supervision and the application of procuratorial suggestions, reflecting the positive progress in coordination and cooperation between procuratorial organs and courts in civil and administrative procuratorial work across the country, which is worth learning and referencing in work.
[Work Reference] Mainly introduces work practices by procuratorial organs in various regions in exploring new supervision methods and expanding the scope of civil and administrative procuratorial supervision. This issue includes the experience of Nanjing Municipal Procuratorial Office in Jiangsu Province, titled "Transforming Enforcement Philosophy and Solidly Improving Case Closure Work," which provides valuable practical reference for procuratorial organs across the country in handling case closures.
[Case Studies] Mainly focuses on in-depth analysis and discussion of a specific type of case handled by procuratorial organs in various regions to summarize case-handling patterns and analyze and research issues. This issue includes the review of the experience in examining appeal cases related to auto loans written by the Qingdao Municipal Procuratorial Office in Shandong Province, which will serve as a reference for procuratorial organs in various regions encountering similar issues in their work.
[Judgment Analysis] Mainly provides theoretical critiques of the facts and legal applications of the original and retrial courts, as well as the reasons for the appeal by the procuratorial organ, following the support of the appeal by the court. This issue selects 5 typical cases that combine theory and practice well, and it is believed that careful study of these cases will provide inspiration.
[Appeals and Judgment Documents Selection] Mainly selects and publishes appeal documents and retrial judgment documents with accurate and thorough legal relationship analysis, strong logical coherence, and reasoning for research and reference by readers. This issue includes 3 appeal documents from the Supreme People's Procuratorate, 1 appeal document from the Sichuan Provincial Procuratorate, and 4 retrial judgment documents from provincial high courts.