Procuratorial supervision of normative documents in the context of litigation source management——focusing on effective administrative adjudication
Article 53 of the"Administrative Litigation Law of the People's Republic of China"stipulates that the legislative purpose of the plaintiff's request to review normative documents is to avoid illegal acts and resolve ad-ministrative disputes from the source and the basis of administrative actions.The procuratorial supervision of normative documents is not only an important measure for the procuratorial organs to participate in social govern-ance,but also the responsibilities of the procuratorial organs as"the judicial organs to ensure the unified and cor-rect implementation of national laws."Procuratorial supervision of normative documents can be initiated upon application by the parties concerned or upon ex officio discovery.Whether the people's court's error in determi-ning the legality falls within the scope of administrative litigation supervision by the procuratorial organ needs to be determined based on the actual circumstances of the case:if the error in the legality determination of normative documents results in"the original judgment or ruling's application of laws and regulations being indeed errone-ous",a protest should be lodged according to the supervision rules,and supervision through retrial procuratorial suggestions may also be considered;when applying Article 97 of the"People's Procuratorate Administrative Liti-gation Supervision Rules",it is necessary to comprehensively examine,understand and grasp from the perspective of the development of the legislative system and the filing and review system.
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