Is it useful to find a prosecutor? A prosecutor other than the prosecutor has been enforced by the court and has already paid a fine. The prosecutor | country | court
When it comes to prosecutors, most people's impression may be that they are "national prosecutors" handling criminal cases, dressed in uniforms, accusing crimes. In the recently popular TV series "Public Prosecution", Dilraba portrayed the prosecutor Anna in this image.
In recent years, procuratorial organs have increasingly attached importance to the functions of civil, administrative, and public interest litigation procuratorial organs, and they have also formed the "four major procuratorial functions" in the new era together with criminal procuratorial organs. In the recent procuratorial competition organized by the Supreme People's Procuratorate, civil, administrative, and public interest litigation competitions were added for the first time. After fierce competition, several civil, administrative, and public interest litigation prosecutors in Shanghai have been awarded the title of business model.
The story of prosecutors outside of the prosecutor is equally exciting. Through their stories, perhaps we can gain a more comprehensive understanding of the profession of prosecutors and the efforts they have made in different fields to safeguard fairness and justice.
"Administrative prosecution is not easy to handle."
This is the heartfelt words of Hu Qiaorong, Director of the Fifth Procuratorate of Baoshan District People's Procuratorate in Shanghai. The term "difficult to handle" here has two meanings. Firstly, administrative prosecution cases sometimes have complex underlying causes and cannot be handled on their own. Secondly, the impact of each administrative prosecution case is significant and may involve numerous parties, so caution must be exercised.
Once, an individual business owner applied for supervision at the Baoshan District Procuratorate. He told Hu Qiaorong that his store was punished by the administrative authorities for an illegal act. Despite paying a fine of tens of thousands of yuan according to regulations, the administrative authorities still applied to the court for compulsory enforcement.
"Isn't this a repeated punishment?" Faced with the emotionally agitated party, Hu Qiaorong calmed his emotions while initiating an investigation. "After we verified and found that the parties' statements were true, we urged the court to avoid duplicate enforcement. Then I thought to myself, 'How many fines do administrative agencies need to issue in a year? Is this just an isolated case? Does other administrative agencies also have this issue?'"
With this question in mind, Hu Qiaorong and colleagues have sorted out over 300 administrative penalty cases and found that there are indeed some administrative agencies with similar problems. The reason is that when the fined party pays the fine, they themselves transfer the money into the designated bank account. But this bank account is not owned by the administrative authority, and there is a significant time difference in the bank's feedback, so the administrative authority cannot grasp the relevant information in a timely manner, resulting in duplicate execution.
In response to the exposed issues, Hu Qiaorong issued similar case prosecution suggestions to the court and administrative organs, suggesting that the court strengthen the review of the performance of the debtor and timely refund the execution fees; It is suggested that administrative authorities should communicate information with banks and provide timely feedback to the court on the implementation of administrative decisions. Both prosecution suggestions have received feedback and the relevant issues have been properly resolved. Due to the good results achieved in the handling of the case, this type of case has been rated as one of the first batch of "penetrating" typical cases of procuratorial supervision in Shanghai's procuratorial organs, providing a reference plan for the city's procuratorial organs to carry out supervision work on similar issues.
Looking back at Hu Qiaorong's work transcripts in recent years, it is not difficult to see the characteristic of administrative procuratorial work emphasizing the resolution of similar cases. In order to protect food security and maintain the red line of cultivated land, Baoshan District Procuratorate actively strengthens cooperation and cooperation with the district planning and natural resources bureau. Hu Qiaorong takes the lead in sorting out and sending the "Administrative Non Litigation Enforcement Risk Points in the Field of Land and Resources" to relevant administrative departments, and provides training with law enforcement personnel of administrative organs to jointly improve their ability to handle cases. In the field of environmental protection, the Baoshan District Prosecutor's Office has signed a cooperation mechanism with the District Ecological Environment Bureau. Hu Qiaorong is responsible for organizing the drafting of the "Administrative Non Litigation Execution Work Norms in the Environmental Protection Field", and relying on the Baoshan District Administrative Dispute Resolution Platform, successfully handled a procuratorial supervision case for environmental illegal administrative penalty decisions.
"I often tell some young prosecutors in the department that this is the role and charm of administrative prosecution." Hu Qiaorong said, "Administrative prosecution is not about handling a case and ending it, but about starting from the case, exploring the underlying problems, and ultimately promoting the resolution of a type of problem." In Shanghai's grassroots procuratorates, although the number of administrative cases is generally not many, often every case requires us to put in a lot of communication and effort, and once completed, we can reap a full sense of achievement. "
Hu Qiaorong was deeply impressed by an administrative non litigation supervision case where a company owed wages to workers. At that time, the company was punished by relevant departments for delaying worker wages. During the law enforcement process, the company leader was dissatisfied with the working methods of the administrative authorities, which led to conflicts and resistance. "This company has indeed encountered difficulties in its operations, but it has not yet reached a point where salaries cannot be paid at all," Hu Qiaorong recalled. However, the company's head was unwilling to pay salaries and seemed to be in a dispute with the law enforcement department.
"Administrative prosecution should not only reflect judicial fairness, but also judicial warmth." After discovering this crux, Hu Qiaorong formulated a targeted dispute resolution plan. In terms of salary payment methods, we have taken into account the actual difficulties currently faced by the company, which has helped alleviate some payment pressure and allowed workers to receive their unpaid wages as soon as possible. With the efforts of Hu Qiaorong, the involved company and relevant departments reached a settlement agreement.
As a doctoral student in litigation law, Hu Qiaorong never stopped learning after work. When participating in the revision and drafting of the Administrative Litigation Supervision Rules of the People's Procuratorate, she studied a large number of works and papers related to administrative prosecution and sought advice and learning from experts. This year, she participated in the professional ability competition organized by the Supreme People's Procuratorate and won the title of the first national model in administrative procuratorial work of procuratorial organs.
In addition to conventional case analysis, this competition has creatively designed the semi-finals as a public hearing for administrative prosecutors, requiring participating prosecutors to play different roles and express their opinions. In Hu Qiaorong's view, this competition setting fully reflects the requirements of the new era for administrative prosecutors, which require rich theoretical knowledge and strong practical abilities. Only in this way can we handle every administrative prosecution case well.
