EDITOR'S NOTE: Following is a transcript of an interview by the Human Rights magazine with Jing Dali, chief procurator of the Hubei Provincial People's Procuratorate. Jing talked about how China's procuratorial wo...EDITOR'S NOTE: Following is a transcript of an interview by the Human Rights magazine with Jing Dali, chief procurator of the Hubei Provincial People's Procuratorate. Jing talked about how China's procuratorial work protects human rights in his province and what will be done to improve it.展开更多
The reason why the procuratorial organs can file public interest litigation under the Administrative Litigation Law of the People's Republic of China is to empower the procuratorial organs'legal oversight in t...The reason why the procuratorial organs can file public interest litigation under the Administrative Litigation Law of the People's Republic of China is to empower the procuratorial organs'legal oversight in the form of litigation,intending to form a legal oversight mechanism between the procuratorial organs and administrative organs.Both the administrative public interest litigation and the procuratorial proposal are included in administrative litigation and thus depend on court judgments.In other words,the extent of oversight is limited under court judgments.Procuratorial organs shall apply the same legality review as the courts.The procuratorial organs shall properly draft the procuratorial proposal under the same criteria of judicial review and not exercise administrative discretion for the administrative organs.The criteria of administrative organs'performance of duties after-action review shall be whether the court is in favor of or against it.展开更多
In order to ensure that law can be effectively implemented, Lenin started from social reality and construction of regime in Soviet Russia, and systematically analyzed value significance and system construction of lega...In order to ensure that law can be effectively implemented, Lenin started from social reality and construction of regime in Soviet Russia, and systematically analyzed value significance and system construction of legal supervision, based on which he proposed to establish unified legal supervision system to fulfill the functions of legal supervision. The paper starts with theoretical basis and content of Lenin' s legal supervision, and expounds the importance of legal supervision in Soviet Russia.展开更多
文摘EDITOR'S NOTE: Following is a transcript of an interview by the Human Rights magazine with Jing Dali, chief procurator of the Hubei Provincial People's Procuratorate. Jing talked about how China's procuratorial work protects human rights in his province and what will be done to improve it.
文摘The reason why the procuratorial organs can file public interest litigation under the Administrative Litigation Law of the People's Republic of China is to empower the procuratorial organs'legal oversight in the form of litigation,intending to form a legal oversight mechanism between the procuratorial organs and administrative organs.Both the administrative public interest litigation and the procuratorial proposal are included in administrative litigation and thus depend on court judgments.In other words,the extent of oversight is limited under court judgments.Procuratorial organs shall apply the same legality review as the courts.The procuratorial organs shall properly draft the procuratorial proposal under the same criteria of judicial review and not exercise administrative discretion for the administrative organs.The criteria of administrative organs'performance of duties after-action review shall be whether the court is in favor of or against it.
文摘In order to ensure that law can be effectively implemented, Lenin started from social reality and construction of regime in Soviet Russia, and systematically analyzed value significance and system construction of legal supervision, based on which he proposed to establish unified legal supervision system to fulfill the functions of legal supervision. The paper starts with theoretical basis and content of Lenin' s legal supervision, and expounds the importance of legal supervision in Soviet Russia.