Chen v. Bureau of Human Resources and Social Security of x City of Jiangsu Province (Case of Procuratorial Supervision over the Revocation of Retirement Approval of the Bureau of Human Resources and Social Security)
(Case No. 167 of the Guiding Case of the Supreme People's Procuratorate)
Keywords:
Administrative procuratorial work, Procuratorial protest, Employees' retirement age, Protection of labor rights and interests, Social governance
Key Points:
The retirement age of enterprise employees shall be determined in accordance with the law based on the type of position they hold. When the people's procuratorates handle administrative litigation supervision cases and find that the administrative organ has failed to approve the retirement in accordance with the State's requirement for the transition from status-based management to position-based management, and this decision has been upheld erroneously by the effective judgment of the people's court, the people's procuratorates shall conduct supervision in accordance with the law. In response to the issues of violations of law and policies identified during the handling of cases related to the approval of retirement for enterprise employees, the people's procuratorates should strengthen communication and consultation with the people's courts and relevant administrative organs to promote the standardization and improvement of the approval standards and procedures for enterprise employee retirement, to foster the effective implementation of state policies that determine retirement age based on the position type, and to safeguard the legitimate rights and interests of labor.
Relevant Provisions:
Article 91 and 93 of the Administrative Procedure Law of the People's Republic of China (amended in 2017).
Article 4 of the Labor Law of the People's Republic of China (amended in 2018).
Article 121 of the Interpretation of the Supreme People's Court on the Application of "Administrative Procedure Law of the People's Republic of China" (implemented in 2021).
Article 6 of the Rules for Supervision over Administrative Proceedings by the People's Procuratorates (implemented in 2021).
The Opinions on Several Issues in Implementing the "Labor Law of the People's Republic of China" by the former Ministry of Labor (implemented in 1995).
Zhi X v. Public Security Bureau of County X of Hunan Province (Case of Procuratorial Supervision over the Confirmation of the Illegality of the Administrative Act of Law Enforcement Information Entry)
(Case No. 168 of the Guiding Case of the Supreme People's Procuratorate)
Keywords:
Administrative prosecutorial work, Procuratorial protest, Procuratorial recommendation, Law enforcement information data management, Personal dignity, Social governance
Key Points:
The people’s procuratorates, in handling cases related to administrative litigation supervision, shall support the litigant's request for an apology from the administrative organ if the illegal administrative acts seriously infringe upon the citizen's personal dignity. If the people's procuratorates identify common issues in the collection, use, and management of law enforcement information data during the handling of cases, they may issue procuratorial recommendations in accordance with the law, so as to urge the administrative organs to strengthen and improve their management and supervision, and to refine and improve mechanisms for data entry, review, and verification, thereby eliminating risks and potential hazards that may infringe upon the personal rights of citizens from the source.
Relevant Provisions:
Article 21 of the Organization Law of the People's Procuratorate of the People's Republic of China (amended in 2018).
Article 70, 74, and 91 of the Administrative Procedure Law of the People's Republic of China (amended in 2017).
Article 3 and 11 of the Provisions on the Procuratorial Recommendations Work of People's Procuratorates (implemented in 2019).
Procuratorial Supervision Case of Urging the Governance of False Registration of Market Entities by the People's Procuratorate of District X of Hangzhou City, Zhejiang Province
(Case No. 169 of the Guiding Case of the Supreme People's Procuratorate)
Keywords:
Administrative procuratorial work, False registration, Similar case supervision, Procuratorial integration, Digital governance
Key Points:
The people's procuratorates, upon discovering issues related to false registration of market entities during administrative litigation supervision, may issue procuratorial recommendations in accordance with the law, urging the relevant administrative organs to fulfill their regulatory responsibilities in accordance with the law. It is necessary to actively utilize big data to empower legal supervision, with an emphasis on discovering similar case supervision clues from an individual case, and to promote efficient cross-departmental collaboration in social governance through procuratorial recommendations of social governance.
Relevant Provisions:
Article 21 of the Organization Law of the People's Procuratorate of the People's Republic of China (amended in 2018)
Article 3 and 11 of the Company Law of the People's Republic of China (amended in 2018)
The Provisions on the Procuratorial Recommendations Work of People's Procuratorates (implemented in 2019)
Article 2, 4, and 64 of the Regulation of the People's Republic of China on the Administration of Company Registration (amended in 2016), (now Article 5, 17, 40, and 44 of the Regulation of the People's Republic of China on the Administration of the Registration of Market Entities (implemented on March 1, 2022))
The "Guiding Opinions on the Revocation of Company Registration Obtained by Impersonating Others' Identity Information" by State Administration for Market Regulation (implemented in 2019)
Procuratorial Supervision Case of Urging the Administrative Organ of Housing and Urban-Rural Construction to Perform their Regulatory Responsibilities in accordance with the Law by the People's Procuratorate of City X, Guangdong Province
(Case No. 170 of the Guiding Case of the Supreme People's Procuratorate)
Keywords:
Administrative procuratorial work, Construction project quality, Record of completion acceptance, Procuratorial recommendations, Similar case supervision, Specialized thematic analysis
Key Points:
The people's procuratorates, in handling administrative litigation supervision cases in the field of housing and construction, may issue procuratorial recommendations to the relevant administrative organs if they are found to have failed to fulfill their responsibilities for reviewing the completion acceptance record of construction projects in accordance with the law. When investigations and analyses find that failure to adhere to legal duties has been common, a specialized thematic report may be compiled. This report can be reported to the party committee and the people's congress and to other relevant authorities, including administrative organs and the people's courts, to promote relevant authorities to improve the mechanisms of long-term regulation and standardization of law enforcement of construction project quality. By doing so, the people's procuratorates carry out administrative procuratorial supervision in promoting social governance.
Relevant Provisions:
Article 21 of the Organization Law of the People's Procuratorates of the People's Republic of China (amended in 2018).
Article 61 of the Construction Law of the People's Republic of China (amended in 2019).
Articles 3 and 11 of the Regulations on Procuratorial Recommendations Work of the People's Procuratorate (implemented in 2019).
Articles 49 and 56 of the Regulations on Quality Management of Construction Projects (amended in 2019).
Articles 3 and 9 of the Management Measures for Completion Acceptance Records of Building Construction and Municipal Infrastructure Projects by the Ministry of Housing and Urban-Rural Development (amended in 2009).
