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The Investigation Report Of GanSu Province Administrative Litigation’s Inspection Supervision And Retrial Inspection Suggestion

Posted on:2015-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:H MeiFull Text:PDF
GTID:2296330467957139Subject:Law
Abstract/Summary:
In recent years, the civil adninistrative procuratorial work of procuratorial authority in Gansu province build a diversified supervision pattern centered on the protest. Although the civil administrative procuratorial work and the ability to perform their duties steady development, administrative litigation supervision is still weak and the role of retrial procuratorial suggestion is still inadequate. In terms of administrative litigation cases mainly questions consist of cases number less, a lower rate into the case, the rate of change protest, retrial proposed adoption rate instability,regional differences are significant such high light problem. In the handing of cases exist retrial proposal recommends major retrial case overall proportion of low adoption rate and awareness is not high, inadequate legislation and other outstanding issues.Through studying the overal situation, analyzes the reasons for handing administrative cases problematic in terms of legislation, prosecutors degree of attention, the ability of prosecutors for handing the case, processing time of cases, and working mechanism of procuratorate and court, analys the reason for the recommendations of cases handled retrial problems with emphasis from procuratorate’s own authority, the court, the legislative the three aspects.Based on highlight problems, proposing improve the relevant legislation, increased handling, strengthen supervision and litigation procedures, the case of the source channels to broaden and strengthen Prosecution team building, and pay special to other grass-roots casework six proposals seek out administrative proceedings prosecutorial supervision dilemma. Given retrial recommend necessary force, a clear scope, establish systems to track return visits, increase the degree of attention to strengthen communication with the court, summarize inadmissible reason, for security and other relevant departments of the seven categories of support and advice, efforts to strengthen the retrial Prosecutor recommends case handling work.
Keywords/Search Tags:administrative litigation’s inspection supervision, Suggestion fromprosecutorial organizations for retrial
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