Propaganda slogan of procuratorate function

Civil administrative procuratorial publicity card

Prosecutor's prompt

1. What will you do when you have a conflict or dispute with others, or you think that a specific administrative act of an administrative organ or its staff has violated your legitimate rights and interests, and you want to go to court, but the judgment or ruling results are not in line with your expectations? What should I do if I appeal against the civil and administrative judgments and rulings of the first instance, expecting the second instance to change the judgment, but upholding the original judgment?

One of the effective ways is to appeal to the civil administrative procuratorial department of the procuratorial organ, which will supervise the effective civil and administrative judgments and rulings that are indeed wrong according to law; However, the procuratorial organ will resolutely safeguard the correct and effective civil and administrative judgments and rulings, and patiently explain the reasons to you to solve the tangled doubts in your heart.

2. If you are a litigant, please actively fulfill the obligations of the civil and administrative judgments and rulings that are correctly effective to the people's court, and return you and the other party to a quiet and peaceful life.

The Civil Administrative Procuratorial Section of the People's Procuratorate is the department that performs the functions of civil administrative procuratorial supervision. By handling civil and administrative protest cases and protest cases, it supervises the civil trial activities and administrative litigation activities of the people's courts, safeguards national interests and social public interests, safeguards judicial justice and judicial authority, and ensures the unified and correct implementation of national laws.

"protest case"

★ Article 187 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that the Supreme People's Procuratorate shall lodge a protest against the legally effective judgments and orders of people's courts at all levels and those of people's procuratorates at higher levels if it finds any of the circumstances stipulated in Article 179 of this Law. Local people's procuratorates at various levels shall, if they find that a legally effective judgment or ruling of the people's court at the same level falls under any of the circumstances stipulated in Article 179 of this Law, request the people's procuratorate at a higher level to lodge a protest with the people's court at the same level.

The circumstances stipulated in Article 179 of the Civil Procedure Law of People's Republic of China (PRC) include: (1) There is new evidence enough to overturn the original judgment or ruling; (two) the basic facts identified in the original judgment or ruling lack evidence to prove; (3) The main evidence of the facts ascertained in the original judgment or ruling is forged; (four) the main evidence of the facts identified in the original judgment or ruling has not been cross-examined; (five) the evidence needed for the trial of the case is not collected by the parties themselves due to objective reasons, and the people's court fails to investigate and collect the evidence in writing; (6) The application of the law in the original judgment or ruling is indeed wrong; (seven) in violation of laws and regulations, the jurisdiction is wrong; (eight) the composition of the judicial organization is illegal or the judges who should be avoided according to law have not avoided; (9) A person without capacity for litigation does not have a legal representative, or the party who should participate in the litigation does not participate in the litigation due to reasons not attributable to him or his agent ad litem. (ten) in violation of the law, depriving the parties of the right to debate; (eleven) without being summoned, the judgment is made by default; (12) The original judgment or ruling is omitted or exceeds the claim; (thirteen) the legal documents on which the original judgment or ruling was based have been revoked or changed; (fourteen) violation of legal procedures may affect the correct judgment and ruling of the case;

(15) A judge commits corruption, bribery, favoritism, or perverting the law when trying a case.

★ Article 64 of the Administrative Procedure Law of the People's Republic of China stipulates that if the people's procuratorate finds that the legally effective judgment or ruling of the people's court violates the provisions of laws and regulations, it has the right to lodge a protest in accordance with the trial supervision procedure.

"Non-protest cases"

◆ Urge prosecution.

It mainly refers to the system that public interests, national interests and state-owned assets are damaged, but functional departments, management departments or state-owned units fail to perform their duties, and the nature of the case can obtain judicial relief through civil litigation. As a supervisor, procuratorial organs urge relevant regulatory departments or state-owned units to perform their duties, file civil lawsuits according to law, and safeguard the interests of the state and society. Mainly applicable to:

1, which harms the interests of the state or society in the process of transferring and developing natural resources such as state-owned land and mineral deposits;

2, in the process of preservation and protection of state-owned cultural relics, the interests of the state or society are damaged;

3, in the process of public * * * project bidding and contracting, the interests of the state or society are damaged;

4. Failing to timely recover the special financial funds lent by government departments to enterprises or individuals for various assistance purposes according to regulations or contractual stipulations, or lending the funds to unqualified parties in violation of relevant policies and regulations;

5, in the process of state-owned enterprise restructuring, resulting in the loss of state-owned assets;

6, in the process of auction and sale of state-owned assets, resulting in the loss of state-owned assets;

7, other due to poor supervision or abuse of power, damage the interests of the state or society.

Support prosecution

For acts that harm the civil rights and interests of the state, the collective or the individual, the people's procuratorate may support the injured unit or individual to bring a lawsuit to the people's court.

Mainly applicable to: 1, cases of loss and loss of state-owned assets; 2. Social vulnerable groups in urgent need of assistance.

◆ Criminal incidental civil action

Mainly applicable to:

1. Cases in which the state property and collective property have suffered heavy losses due to criminal acts, and the unit that suffered losses does not file or cannot file a lawsuit after knowing it, such as cases in which no one files an incidental civil lawsuit for the loss of state-owned assets due to crimes such as bribery, misappropriation, occupation of duty, private sharing of state-owned assets, dereliction of duty, and dereliction of duty in signing a contract;

2. For criminal cases in which criminal acts have caused material losses to the victim and have a bad influence, the victim may apply to the people's procuratorate, and the people's procuratorate may support the victim in bringing criminal incidental civil proceedings if it deems it necessary after examination by the people's procuratorate.

◆ Implement supervision.

The people's procuratorate shall exercise legal supervision over the execution activities of the people's courts according to law. To supervise the civil enforcement rulings, decisions and acts that are strongly reflected by the people and have the conditions for enforcement, but the people's courts are slow to implement or exceed the standard. Mainly applicable to:

1, without carefully verifying the ownership of the property, sealing up or executing the property of the outsider;

2. Changing the contents of the judgment without authorization, exceeding the scope of execution, and executing it in the execution of the trial;

3. Unauthorized increase or change of implementation measures;

4. Ignoring the clear property clues of the person subjected to execution put forward by the application executor, which makes the execution impossible;

5. Violating the law and maliciously colluding with the person subjected to execution to transfer the property subjected to execution;

6, regardless of the legitimate interests of the person subjected to execution, excessive seizure or deliberately caused other losses to the person subjected to execution;

7, in the execution of collusion with the parties to create perjury, destruction of evidence;

8. The person subjected to execution forges or alters relevant materials, evidence and documents;

9. Suspected of dereliction of duty, taking bribes by taking advantage of authority, embezzlement and misappropriation of public funds, etc.

◆ Mediation and supervision

Focus on supervising mediation cases that obviously violate the principles of voluntariness and legality and seriously harm the interests of the state, the public or the third party.

◆ Public interest litigation

Authorized by law, the people's procuratorate may bring a lawsuit to the court for acts that infringe upon the national interests, social public interests or the interests of unspecified others, and the court shall investigate the legal responsibility of the relative person according to law. Mainly applicable to:

1, loss of state-owned assets. Such cases include state-owned assets and state-owned land;

2, environmental pollution and other cases against the public interest.

3. Cases of unfair competition and infringement on the interests of vulnerable groups;

4, the state property and collective property losses failed to file a criminal incidental civil action cases.

In order to safeguard national interests, social public interests and their legitimate rights and interests, safeguard judicial justice and judicial authority, and ensure the unified and correct implementation of national laws, relevant organizations or individuals may lodge complaints according to the scope of accepting cases of protest and non-protest, or provide clues for procuratorial organs.