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

Author: Civil and Administrative Procuratorial Department, Supreme People's Procuratorate
Publisher:
Publish Date: 2005-04-01
Features: At the end of the year, as 2004 draws to a close, the second issue of Civil and Administrative Procuratorial Guidance and Research finally meets the public. Looking back at the time of the first issue's publication, it was the height of summer, while now, snow is falling outside the window, marking the beginning of 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 of "strengthening legal supervision and upholding 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 edit 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 frontlines 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, enhancing 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 the views of experts, scholars, comrades from relevant departments, and civil and administrative procuratorial personnel on civil and administrative procuratorial systems and cutting-edge issues in civil and administrative substantive law. Selected theoretical articles are published. This issue presents 5 articles, including discussions on the role of 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 basis for the procuratorial organ to file 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 analysis, and policy discussions on issues and phenomena reflected in civil and administrative procuratorial work across various regions. This issue includes 3 articles: Vice Director Pan Jun of the Civil and Administrative Procuratorial Department of the Supreme People's Procuratorate reflects on advancing the standardized construction of civil and administrative appeals, and 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. This issue includes draft regulations and implementation measures jointly formulated by provincial, municipal, and grassroots procuratorial organs with their corresponding 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 at all levels across the country, which is worth learning and referencing in work.
[Work Reference] Mainly introduces work practices by procuratorial organs in various regions to explore new supervision methods and expand the scope of civil and administrative procuratorial supervision. This issue includes the experience of Nanjing Municipal Procuratorial Office in Jiangsu Province on "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 issues. This issue includes an article by the Qingdao Municipal Procuratorial Office in Shandong Province on the review of appeal cases involving car loans, which will serve as a reference for procuratorial organs across the country when encountering similar issues in case handling and work.
[Judgment Analysis] Mainly provides theoretical critiques of typical cases where procuratorial appeals have been supported by courts, focusing on the facts and legal applications of the original and retrial courts, as well as the reasons for the procuratorial appeal. This issue selects 5 typical cases that combine theory and practice well, and readers are expected to gain inspiration from careful study.
[Selected Procuratorial Appeals and Judgments] Mainly selects and publishes procuratorial appeal documents and retrial judgments that accurately and thoroughly analyze legal relationships, exhibit strong logical and reasoning qualities, and serve as research and reference materials for readers. This issue includes 3 procuratorial appeal documents from the Supreme People's Procuratorate, 1 from the Sichuan Provincial Procuratorial Office, and 4 retrial judgments from provincial high courts.