Administrative Public Interest Litigation Case of Urging the Improvement of the Tax Supervision and Regulation Order in the Field of Oil Products by the People's Procuratorate of Shengzhou City, Zhejiang Province
(Case No.183 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Pre-litigation procedure for the administrative public interest litigation, Protection of state-owned property, Tax evasion, Non-standard oil, Big data model of legal supervision
Key Point
For cases of the sale and use of "non-standard oil" in breach of regulations for tax evasion at the expense of state-owned property, the procuratorial organs may build a big data model of legal supervision by "analyzing individual cases and their elements, building models, supervising over similar cases, tackling the root causes of offenses" and other approaches. By doing so, the procuratorial organs can support the administration with its procuratorial supervision and make joint efforts with law enforcement to safeguard state-owned property.
Relevant Provisions
Article 25(4) of the Administrative Procedure Law of the People's Republic of China (Rev. 2017)
Article 5, 25(1) and 63(1) of the Tax Collection Administration Law of the People's Republic of China (Rev. 2015)
Article 4 and 22 of the Invoice Management Measures of the People's Republic of China (Rev.2019)
Article 28 and 34 of the Detailed Rules for the Implementation of the Measures of the People's Republic of China for the Management of Invoices (Rev. 2019)
Article 3,13,20 and 28 of the Measures for the Dynamic Supervision and Administration of Road Transport Vehicles (Rev. 2016) (Article 3,12,19 and 27 of the Measures for the Dynamic Supervision and Administration of Road Transport Vehicles (Rev.2022))
Article 75(1) of the Rules for the Handling of Public Interest Litigation Cases by People's Procuratorates (Effective since 2021)
Administrative Public Interest Litigation Case of Urging the Rectification of Idle State-owned Land by the People's Procuratorate of Yangzhou Economic and Technological Development Zone, Jiangsu Province
(Case No.184 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Pre-litigation procedure for administrative public interest litigation, Assignment of the right to the use of state-owned land, Idle land, Classified disposal
Key Point
In cases involving the idle use of land or the deviation of the agreed purposes stipulated in the assignment agreements after the assignment of the right to the use of state-owned land, the procuratorial organs may urge the relevant administrative organs in charge of regulatory duties to perform their duties in accordance with the law by filing an administrative public interest litigation. Where there are multiple administrative organs, various counterparts, and different types of illegal acts, the procuratorial organs may adopt different case-handling methods according to the type the cases.
Relevant Provisions
Article 25(4) of the Administrative Procedure Law of the People's Republic of China (Rev. 2017)
Article 3 and 56 of the Land Administration Law of the People's Republic of China (Rev. 2019)
Article 50 of the Rules for Implementation of the Land Administration Law of the People's Republic of China (Rev. 2021)
Article 21 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law for Cases regarding Procuratorial Public Interest Litigation (Rev.2020)
Article 2,4,8 and 12 of the Measures for Disposal of Unused Land (Rev.2012)
Administrative Public Interest Litigation Case of Urging the Recovery of the Illegally Expended Income from the Assignment of the Right to the Use of the State-owned Land by the People’s Procuratorate of Changsha City, Hunan Province
(Case No.185 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Administrative public interest litigation, Protection of state-owned property, Assignment of the right to the use of state-owned land, Illegal expending of the income from the assignment of the right to the use of land, Withdrawal of prosecution
Key Point
When handling public interest litigation cases concerning the income from the assignment of the right to the use of state-owned land, the procuratorial organs shall strengthen follow-up supervision to urge the administrative organs to comprehensively fulfill their duties in accordance with the law, so as to ensure that all collected funds are fully deposited into the national treasury. In cases where there may be interference or resistance at the grassroots level, the procuratorates at the higher level may directly handle the case; if the conditions for filing an administrative public interest litigation are met, the procuratorates at the higher level may designate the procuratorate at the grassroots level to file litigation in the court at the same level. If any administrative regulatory gap is identified during the case-handling process, the procuratorial organs may issue procuratorial recommendations for social governance to the local government, so as to promote the governance of the sources of litigation.
Relevant Provisions
Article 25(4) of the Administrative Procedure Law of the People's Republic of China (Rev. 2017)
Article 50 of the Interim Regulations of the People's Republic of China on the Assignment and Transfer of the Right to the Use of the State-owned Land in Urban Areas (Rev. 2020)
Article 4 and 33 of the Measures for the Management of Income and Expenditure from the Assignment of the Right to Use State-Owned Land (Effective since 2007)
Administrative Public Interest Litigation Case of Urging the Implementation of the Preferential Electricity Price Policies
by the People's Procuratorate of Gongshu District, Hangzhou City, Zhejiang Province
(Case No.186 of the Guiding Case of the Supreme People's Procuratorate)
Key Words
Pre-litigation procedure for administrative public interest litigation, Implementation of public policies, Indirect Electric power supply, Special supervision
Key Point
In cases where indirect electric power suppliers charge fees in violation of regulations and fail to implement the national preferential policies on the settlement of electricity charges, resulting in failure to realize the functions and purposes of public policies and infringement on state interests and public interests, the procuratorial organs may file public interest litigations and conduct special supervision to promote long-term and effective governance within the industry.
Relevant Provisions
Article 25(4) of the Administrative Procedure Law of the People's Republic of China (Rev. 2017)
Article 44(1) of the Electric Power Law of the People's Republic of China (Rev.2018)
Article 12, 33 and 39 of the Price Law of the People's Republic of China (Effective since 1998)
Article 20(2) of the Regulations on Supply and Use of Electric Power (Rev.2019)
Article 75 of the Rules for the Handling of Public Interest Litigation Cases by People's Procuratorates (Effective since 2021)
