On the evening of January 4th, the tenth lecture of the "Procuratorial Practice Experts Entering Campuses" and Procuratorial Science series, co-organized by the Supreme People's Procuratorate, was held in the conference room on the fourth floor of the Law School building at the Jiulong Lake Campus of Southeast University. Hu Qiaorong, Deputy Director of the Civil and Administrative Prosecution Department of the Second Branch of the Shanghai People's Procuratorate, delivered a lecture on the theme "Practice and Exploration of Administrative Prosecution in Facilitating the Construction of a Law-based Government." The lecture was presided over by Ji Yang, Associate Dean of the Law School of Southeast University. Zhao Xun, Deputy Chief Prosecutor of the Nanjing Jiangning Economic and Technological Development Zone People's Procuratorate, and Li Yuxing and Gu Dasong, Associate Professors at the Law School of Southeast University, served as discussing guests. More than thirty faculty members and students from the Law School participated in the lecture.
Ms. Hu Qiaorong began by introducing the scope of administrative prosecution work through a short video, covering its positioning within the "four major areas of procuratorial work" (criminal prosecution, civil prosecution, administrative prosecution, and public interest litigation), its functions in supervising the three major types of litigation, and its practical applications in areas related to people's livelihoods. She highlighted its central role in serving the construction of a law-based government. She pointed out that since 2023, administrative prosecution departments have taken on the responsibility for the reversed connection between administrative and criminal justice. This involves transferring cases where the procuratorate has decided not to prosecute but where administrative responsibility still needs to be pursued against the individual, to the relevant administrative organs, and supervising the subsequent implementation of administrative penalties. She emphasized that the Central Committee of the Party has explicitly required strengthening the legal supervision functions of procuratorial organs, comprehensively deepening administrative prosecution supervision, and ensuring the implementation of related work. In practice, Shanghai has actively explored innovations by establishing coordination mechanisms for administrative prosecution, forming three organizational models to enhance collaboration between procuratorial and administrative organs and improve the quality and efficiency of supervision.
Ms. Hu Qiaorong, combined with six typical cases involving administrative litigation supervision and the reversed connection between administrative and criminal justice, analyzed the key issues and supervision difficulties encountered during case handling. In terms of safeguarding people's livelihoods, procuratorial organs, through the mechanism for the "substantive resolution of administrative disputes," coordinated with departments such as human resources and social security, and housing and urban-rural development to resolve collective wage arrears disputes and promoted the establishment of early warning mechanisms for wage arrears. In the field of environmental protection, regarding cases of administrative inaction concerning illegal pollutant discharge by enterprises, procuratorial organs not only urged administrative organs to impose penalties according to law but also promoted regional environmental compliance rectification through procuratorial recommendations based on similar cases, achieving the goal of "resolving one case, governing an entire area." In the field of government services, by supervising issues such as delays in administrative licensing, they promoted law-based administration and optimized the business environment.
Subsequently, she analyzed four major difficulties currently facing administrative prosecution work: difficulties in discovering supervision leads and conducting investigations and verifications, ambiguous standards for the application of law, weak capacity and a shortage of interdisciplinary talents, and the lack of a closed-loop management system in the supervision system. The lecture content was rich in practical details and highlighted existing problems, providing clear guidance for faculty and students to understand the practical challenges and countermeasures in administrative prosecution.
During the discussion session, Zhao Xun pointed out that administrative prosecution work faces challenges such as the complexity of the administrative law system, difficulties in the connection between administrative and criminal justice, and the need to balance multiple effects in case handling. Li Yuxing noted that administrative prosecution is relatively weak among the "four major areas of procuratorial work," with issues such as vague legal bases and relatively soft supervision. He advocated for introducing analytical frameworks like functionalism but was optimistic about its development potential. Gu Dasong, drawing on typical cases from Jiangsu's traffic law enforcement, emphasized that administrative law centers on safeguarding public interests, with procuratorial organs being an important force. He noted that public interest litigation is developing towards greater organization and objectivity and encouraged students to actively participate in administrative prosecution practice.
In the interactive session, students raised questions regarding the role and effectiveness of procuratorial organs' involvement in reconsideration and pre-litigation mediation concerning the substantive resolution of administrative disputes. Ms. Hu Qiaorong responded based on her practical experience, stating that the participation of procuratorial organs has evolved from an early exploratory stage to standardized operation. Currently, based on their legal supervision function, they intervene in relevant procedures adhering to the principle of prudence, primarily promoting dispute resolution within their statutory responsibilities to ensure the impartiality and independence of supervision work.
At the conclusion of the lecture, Ji Yang expressed gratitude to Ms. Hu Qiaorong and noted that this lecture systematically elaborated on the scope of administrative prosecution work, the mechanism for the reversed connection between administrative and criminal justice, and the diverse practices of Shanghai's administrative prosecution coordination institutions. It vividly demonstrated the crucial role of administrative prosecution in safeguarding public interests and advancing the construction of a law-based government, providing profound insights integrating theory and practice for faculty and students. The event concluded successfully with warm applause.