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The "Top Ten Administrative Prosecution Typical Cases in 2021" press conference was held at the University of International w88

Published: February 5, 2022 Editor: liuhaijun

w88 casino News(Contributed by Law w88 casino/Photography Yujun）On the morning of January 24, 2022, the "Top Ten Administrative Procuratorial Typical Cases in 2021" press conference was held in w88 casino, sponsored by the Seventh Procuratorate of the Supreme People's Procuratorate and the Administrative Law Research Association of the China Law Society, and hosted by the Law w88 casino of the w88 casino and the Editorial Department of the Economic and w88 Law Review. This is the second press conference on this type of theme held after the "Top Ten Administrative Prosecution Typical Cases in 2020" conference hosted at the University of International w88 last year.

Yang Chunlei, member of the Party Leadership Group of the Supreme People's Procuratorate and Deputy Prosecutor General, Zhang Xiangjun, Director and Zhang Buhong, Deputy Director of the Seventh Procuratorate of the Supreme People's Procuratorate, Ma Huaide, President of the China University of Political Science and Law and President of the Administrative Law Research Society of the China Law Society, Jiang Qingzhe, Secretary of the Party Committee of the w88 casino, President Xia Wenbin, and Vice President Wang Jingbo attended the meeting. A number of experts, scholars and representatives from case-handling units from Peking University, Tsinghua University, Renmin University of China, China University of Political Science and Law, Chinese Academy of Social Sciences, Beijing Financial Court, Beijing Lawyers Association and other units participated in this meeting offline and online respectively. Professor Mei Xiaying, Dean of the Law w88 casino of the w88 casino, Li Huanhuan, Deputy Secretary of the Party Committee of the Law w88 casino (in charge of work), Zhang Li, Deputy Secretary of the Party Committee, Professor Zheng Yafang, Director of the Department of Constitutional Law and Administrative Law, and some teacher representatives from the Law w88 casino attended the meeting.

The opening ceremony of the first phase of the press conference was delivered by Jiang Qingzhe, Secretary of the Party Committee of the w88 casino, Ma Huaide, President of the China University of Political Science and Law and President of the Administrative Law Research Society of the China Law Society, and Yang Chunlei, Member of the Party Leadership Group and Deputy Prosecutor General of the Supreme People's Procuratorate. Xia Wenbin, President of the w88 casino, presided over the opening ceremony.

Jiang Qingzhe, Secretary of the Party Committee of the w88 casino, expressed a warm welcome to all the guests attending the w88 casino. Jiang Qingzhe said in his speech that administrative procuratorial supervision is an important part of my country's administrative power restriction and supervision system, and plays an important role in promoting the construction of a law-based government and advancing the modernization of the national governance system and governance capabilities. In the past year, procuratorial organs across the country kept in mind their original mission and handled a number of high-quality and effective administrative prosecution and supervision cases under the guidance of Xi Jinping’s Thought on the Rule of Law. The selection of the top ten typical cases is not only a summary and review of the achievements of administrative prosecutors in the past year, but also a look forward to the future. At the beginning of last year, the first press conference on the top ten administrative prosecution cases held at the University of International w88 aroused positive responses. I believe that this year’s selection will be able to “make further progress” and better achieve the goals of “promoting construction through evaluation” and “explaining the law through cases”. As an important center for cultivating outstanding foreign-related legal talents in China, the University of w88 Law hopes to further strengthen cooperation with the Supreme People's Procuratorate and the Administrative Law Research Society of the China Law Society, continue to select and publish the top ten procuratorial cases, and explore richer and more diverse forms of cooperation.

(Speech by Jiang Qingzhe, Secretary of the Party Committee of w88 casino)

In his speech, Professor Ma Huaide, President of China University of Political Science and Law and President of the Administrative Law Research Society of China Law Society, first expressed his gratitude to all the leaders and experts participating in the meeting, and congratulated the case handling units and case organizers of the "Top Ten Administrative Procuratorial Typical Cases in 2021". Ma Huaide pointed out that the "Top Ten Administrative Procuratorial Typical Cases" released after selection are highly representative, innovative and generalizable, and reflect some issues worthy of attention in administrative trials and social governance: First, the understanding of the relationship between the principle of legality review and the purpose of resolving administrative disputes in administrative trials is still unclear. It needs to be further deepened; second, it is necessary to prevent the mechanical application of laws in law enforcement and justice; third, it is necessary to continuously improve the level of social governance. Low social governance levels and governance capabilities are one of the important reasons for frequent administrative disputes; fourth, the concepts of law enforcement and trial should be updated in a timely manner according to the development and changes of the times. Ma Huaide also pointed out that the value of administrative prosecution lies in the ability to see through phenomena to see the essence, conduct penetrating and active supervision, and solve the problem of idling procedures. In the future, relevant legal provisions should be revised in a timely manner to provide more adequate and comprehensive legal protection for the administrative prosecution business.

(Speech by Ma Huaide, President of China University of Political Science and Law and President of the Administrative Law Research Association of China Law Society)

Yang Chunlei, a member of the Party Leadership Group of the Supreme People's Procuratorate and Deputy Prosecutor General, said in his speech that last year's first annual selection event for the top ten typical cases of administrative prosecution was successfully held and achieved good social effects. This is of great significance for the in-depth implementation of Xi Jinping's thought on the rule of law, closer exchanges and interactions between procuratorial organs and the administrative law community, and promoting the innovative development of administrative prosecution. 2021 marks the 90th anniversary of the establishment of the people's procuratorial system under the leadership of the Party. The Party Central Committee has specially issued the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate Agencies in the New Era". This is the first time in the history of the Party and fully reflects the great importance that the Party Central Committee with Comrade Xi Jinping at its core attaches to the legal supervision of procuratorial organs. Yang Chunlei pointed out that this year’s selection of the “Top Ten Typical Administrative Procuratorial Cases” has several implications for procuratorial work; first, handling “small” cases requires great sentiments; second, handling “old” cases requires new ideas; third, the value of administrative procuratorial work needs to be presented through typical cases; fourth, innovative development of administrative procuratorial work requires deepening cooperation among prosecutors. Yang Chunlei put forward three suggestions for the advancement of administrative procuratorial work: first, we must focus on improving the quality and efficiency of administrative procuratorial supervision; second, we must continue to deepen interactive exchanges with the administrative law community; third, we must conduct case studies and dissemination to form a batch of valuable results and welcome the successful convening of the 20th National Congress of the Communist Party of China with outstanding results.

(Speech by Yang Chunlei, member of the Party Leadership Group of the Supreme People’s Procuratorate and Deputy Prosecutor General)

In the second stage of the press conference, Zhang Xiangjun, Director of the Seventh Procuratorate of the Supreme People's Procuratorate, introduced the selection process and announced the selected cases. Zhang Xiangjun introduced that this selection activity is divided into five links, namely public selection, expert preliminary evaluation, public voting, expert final evaluation and external release.

Selected as "Top Ten Typical Administrative Procuratorial Cases in 2021":

The case of Cui v. a branch of the Beijing Municipal Public Security Bureau over government information disclosure handled by the Second Branch of the Beijing Municipal People’s Procuratorate,

A case handled by the Liaoning Provincial People’s Procuratorate against Zhang Mou against the Rural Cooperative Medical Care Bureau of a county in Liaoning Province for the supervision of the performance of reimbursement of medical expenses,

A case of unreasonable supervision of traffic road markings by a district procuratorate in Shanghai handled by the People’s Procuratorate of Putuo District, Shanghai,

The case of Wang v. Administrative Registration Supervision Bureau of a District Market Supervision Bureau of Wuxi City, Jiangsu Province handled by the People’s Procuratorate of Wuxi City, Jiangsu Province,

A series of non-litigation enforcement and supervision cases on the collection of social support fees by the health bureau of a county in Fujian Province handled by the People's Procuratorate of Putian City, Fujian Province,

A case of work-related injury identification and supervision handled by the People’s Procuratorate of Jinan City, Shandong Province against a department store v. Human Resources and Social Security Bureau of a city in Shandong Province,

The case of Mao suing the Public Security Bureau and Municipal Government of a city in Henan Province for administrative punishment and administrative reconsideration and supervision handled by the Henan Provincial People’s Procuratorate,

The administrative compulsory supervision case handled by Hunan Provincial People’s Procuratorate against the government of a certain town in a certain city in Hunan Province,

A tax-related administrative dispute supervision case handled by the People’s Procuratorate of Zhongshan City, Guangdong Province, where Yang sued the Taxation Bureau of a city in Guangdong Province,

The People's Procuratorate of Tongchuan City, Shaanxi Province handled the case of Wei Mou and Li Mou suing the Construction Bureau of a certain district of a certain city in Shaanxi Province for the cancellation of registration and supervision case.

In addition, another 28 cases were rated as "Excellent Administrative Procuratorial Cases in 2021".

(Zhang Xiangjun, Director of the Seventh Procuratorate of the Supreme People’s Procuratorate, released the selected cases)

In the third stage of the press conference, the organizers of typical cases will introduce the cases and experts will comment. This stage was hosted by Professor Wang Jingbo, Vice President of the w88 casino, and Professor Mei Xiaying, Dean of the Law w88 casino.

(Vice President Wang Jingbo of the w88 casino presided over the third stage of the meeting)

(Mei Xiaying, Dean of the Law w88 casino of the w88 casino, presided over the third stage of the meeting)

Gao Qiang, deputy director of the Administrative Prosecution Department of Jinan People's Procuratorate of Shandong Province, He Yongdong, member of the Party Leadership Group and Deputy Procurator-General of Zhongshan People's Procuratorate of Guangdong Province, Li Jun, a third-level senior prosecutor of the Administrative Prosecution Department of Henan Provincial People's Procuratorate, Zhu Pingbo, Secretary of the Miluo Municipal Party Committee of Hunan Province, Lei Chengxue, deputy director of the Sixth Procuratorial Department of Wuxi People's Procuratorate of Jiangsu Province, and director of the Sixth Procuratorial Department of Putian City People's Procuratorate of Fujian Province Ren Lin Xiuyuan, Deputy Director of the Fifth Procuratorial Department of the Putuo District People's Procuratorate of Shanghai, Li Xiaorong, Liu Wei, a third-level senior prosecutor of the Seventh Procuratorial Department of the Second Branch of the Beijing Municipal People's Procuratorate, Guo Xiaodan, deputy director of the Administrative Prosecution Department of the Liaoning Provincial People's Procuratorate, and Song Zhuo, member of the Party Leadership Group and Deputy Procurator-General of the Tongchuan People's Procuratorate of Shaanxi Province, as representatives of the units handling typical cases, introduced the main facts, case handling processes, and typical significance of the typical cases.

Yu An, vice president of the Administrative Law Research Society of the China Law Society and professor of the w88 casino of Public Administration of Tsinghua University, Yang Jianshun, vice president of the Administrative Law Research Society of the China Law Society, professor of the Law w88 casino of Renmin University of China, and deputy editor-in-chief of "The Jurist", Yu Lingyun, vice president of the Administrative Law Research Society of the China Law Society and professor of the Tsinghua University Law w88 casino, Wang Xizhen, professor of the Peking University Law w88 casino, editor-in-chief of "Chinese and Foreign Law", and executive director of the Peking University Rule of Law and Development Institute, Beijing Jin Xue Feng, member of the Party Committee and Vice President of the Financial Court, Li Honglei, deputy director and researcher of the Institute of Law of the Chinese Academy of Social Sciences, Xie Zhiyong, professor of China University of Political Science and Law, editor-in-chief of "Comparative Law Research" and director of the Institute of Comparative Law of China University of Political Science and Law, Zhao Peng, dean and professor of the Institute of Legal Government of China University of Political Science and Law, Liu Yi, professor of the Institute of Legal Government of China University of Political Science and Law, and Chen Meng, director of the Administrative Law and Administrative Litigation Law Professional Committee of the Beijing Lawyers Association, made wonderful comments on the selected cases.

(Experts commenting on the case)

At the end of the meeting, Zhang Buhong, deputy director of the Seventh Procuratorate of the Supreme People's Procuratorate, and Xia Wenbin, president of the w88 casino, delivered closing speeches.

(Deputy Director of the Seventh Procuratorate of the Supreme People’s Procuratorate, Zhang Buhong, delivers the closing speech)

Deputy Director Zhang Buhong first expressed his gratitude to the organizers of this conference, experts and scholars, news media and administrative prosecutors colleagues across the country. Subsequently, Zhang Buhong summarized the expert comments and pointed out that the academic refinement and theoretical improvement of the cases by the experts gave the typical cases of administrative prosecution profound practical significance and theoretical value. These evaluations are not only recognition of the work of administrative prosecution, but also expectations and encouragement for the work of administrative prosecution. At the same time, they also put forward new standards and goals for the work of administrative prosecution. Zhang Buhong said that theoretical support and institutional support give administrative prosecutors more solid practical courage. Administrative prosecutors will, as always, uphold the people-centered concept, based on legal supervision functions, do their best to handle every case, promote the realization of the legitimate demands of the parties, and ensure that administrative goals are achieved at a reasonable cost.

President Xia Wenbin, on behalf of the University of International w88 and Economics, expressed congratulations to the handling units and case organizers of the selected cases. Xia Wenbin pointed out that last year marked the 100th anniversary of the founding of the Party, and the study and education of Party history continued. The Sixth Plenary Session of the 19th Central Committee comprehensively summarized the experience of century-old Party building, which has become an important guide and era background for us to do a good job in administrative prosecution work. The typical cases released this time are the results of refining and summarizing the valuable experience in administrative prosecution work in the past year in accordance with the requirements of Xi Jinping’s thought on the rule of law. Xia Wenbin further pointed out that the release of typical cases of administrative prosecution embodies the value of three aspects: first, to promote construction through evaluation, improve the ability of procuratorial organs at all levels to perform their duties and handle cases, and promote the improvement of the quality and efficiency of administrative prosecution work; second, to promote learning through comparison, promote the in-depth development of administrative prosecution theory, and promote interdisciplinary integration; third, use cases to explain the law, the rule of law is the conscience of society, and the release of typical examples is a vivid rule of law lesson that can enhance the belief in the rule of law in the entire society. Xia Wenbin expressed the hope that the evaluation and release of the top ten typical administrative prosecution cases can continue to be held with high quality and get better and better.