Chinese procuratorial organs issue documents to promote the connection between administrative law enforcement and criminal justice_Supervision

Original Title: China’s Procuratorate Issued Documents to Promote the Link between Administrative Law Enforcement and Criminal Justice

International Online Report (Reporter Wu Qian): The Supreme People’s Procuratorate issued the “Regulations on Promoting the Connection between Administrative Law Enforcement and Criminal Justice” on the 11th, clarifying that procuratorial organs should carry out administrative law enforcement and criminal justice connection work in strict accordance with the law, accurately and in a timely manner. If the administrative law enforcement agency does not transfer suspected criminal cases to carry out supervision and transfers non-prosecution cases that require administrative penalties to the relevant competent authority for handling, they shall submit procuratorial opinions.

Execution connection is the abbreviation for the connection between administrative law enforcement and criminal justice. In practice, the focus of execution connection is mostly in the field of people’s livelihood, which is one of the key supervision tasks of procuratorial organs. In June of this year, the Central Committee of the Communist Party of China issued the “Opinions on Strengthening the Legal Supervision of Procuratorial Organs in the New Era”, which made clear requirements for the improvement of the execution link mechanism and the improvement of information sharing, case notification, and case transfer systems between procuratorial organs and relevant departments.

Yang Chunlei, deputy chief prosecutor of the Supreme People’s Procuratorate, said that the document issued this time is a specific measure to implement relevant requirements. “The connection of executions is to effectively perform the supervision duties to the phenomenon of’substitution of punishment for punishment’ and’no penalty for impunity’ which has a strong response to the common people. Procuratorial organs use professional knowledge to timely supervise the transfer of suspected criminal cases by administrative law enforcement agencies, and the authenticity of evidence materials In terms of standardization, it can actively play a guiding role. The relevant evidence of non-prosecution cases can be transferred to the relevant competent authority, and the procuratorial opinions set out the facts ascertained in the criminal procedure, which also provides a guarantee for the accurate and efficient operation of the power of administrative punishment. .”

This document establishes the basic principles for the procuratorial organs to carry out the connection of executions, namely, strictly in accordance with the law, accurate and timely, strengthen coordination and cooperation with supervisory organs, public security organs, judicial administrative organs and administrative law enforcement organs, and do not transfer suspected criminal cases to administrative law enforcement organs. When conducting supervision and transferring non-prosecution cases that require administrative penalties to the relevant competent authority for processing, procuratorial opinions shall be submitted. If the procuratorial organ finds that an administrative law enforcement officer is suspected of illegal or criminal duty, it shall transfer the clues of the case to the supervisory organ for handling. The document also details specific linkage mechanisms such as case consultation, notification, and information platform sharing. Yang Chunlei said that relevant regulations have strengthened the rigidity of procuratorial opinions. “In the past, there were indeed some law enforcement officers who passively responded to procuratorial supervision, leading to long-term impunity for illegal perpetrators. In response to these phenomena, the “Provisions on Execution Connection Work” further clarified that if the relevant units do not respond or deal with the situation, the procuratorial organs can report the relevant situation. Notify the judicial administrative agency at the same level or its superior agency, and if necessary, report to the party committee and the standing committee of the people’s congress at the same level. At the same time, the relevant units are required to reply in writing within two months from the date of receipt of the procuratorial opinion on the handling results or the handling process. If it is urgent, the time limit for response shall be determined according to the actual situation of the case.”

According to statistics, from January 2018 to the end of August this year, the procuratorial organs recommended that administrative law enforcement agencies transfer more than 22,000 suspected criminal cases, most of which are concentrated in the livelihood of the people. After the court’s judgment, a total of 6,711 cases constituted crimes of refusal to pay labor remuneration, crimes of illegal business operations, and crimes of producing and selling toxic and harmful food. Gao Jingfeng, Director of the Legal Policy Research Office of the Supreme People’s Procuratorate, said, “The procuratorial agency’s supervision of administrative law enforcement agencies’ transfer of suspected criminal cases is not deliberately finding fault, but fully respecting the exercise of administrative power in accordance with the law. In terms of supervision methods, it is necessary to pay attention to strict law and follow the law. Procedures, use statutory means; they must also be accurate and efficient, precise supervision, and daring to supervise; they must also be cautious and necessary, and must not interfere with the normal law enforcement procedures of administrative law enforcement agencies.”

At the press conference that day, the relevant persons in charge of the Ministry of Public Security and the Ministry of Justice introduced the implementation of the execution connection, and said that they will work with the procuratorial organs to do a good job in the connection between administrative law enforcement and criminal justice, promote information sharing, and continue to maintain the overall stability of the society. Continually enhance the people’s sense of security and happiness to make due contributions.Return to Sohu to see more