In line with the national criminal legislation process,the management of misdemeanor litigation source has important value significance and theoretical basis in judicial practice.As far as the procuratorial organs are concerned,the exploration of the management of misdemeanor litigation source is gradually moving towards a higher and deeper level.In judicial practice,on the basis of legality and reasonableness,a series of mechanisms in-novatively explored by the procuratorial organs ensure the quality and effectiveness of misdemeanor management.However,as far as the latest requirements of"Chinese-style modernization"are concerned,it is still necessary to seek support from theory and explore experience from practice to make the modernization of the management of misdemeanor litigation source the broadest judicial consensus,thereby improving the modernization level of prose-cutorial work.
As a development and innovation of the"Fengqiao Experience"in the new era,the management of lit-igation source can effectively control the overall increase in litigation cases,comprehensively improve the people's courts'comprehensive judicial management capabilities of non-litigation dispute resolution and diversified dis-pute resolution,and has become an important measure for the people's courts to prevent and resolve conflicts and disputes in the context of the reform of diversified dispute resolution mechanisms.The pre-litigation settlement of administrative disputes is an effective way to manage the source of litigation in administrative cases and a useful exploration to substantively resolve administrative disputes.The pre-litigation settlement system for administrative disputes is a concrete manifestation of the all-round,multi-level social governance system under the leadership of the Party committee in judicial work,and can effectively prevent and reduce administrative dispute cases from the source.
As an important auxiliary force in maintaining social security in modern society,police auxiliary per-sonnel play a role that cannot be ignored in assisting law enforcement and are an important part of the public se-curity organs.In practice,due to the"auxiliary"functional positioning of police auxiliary personnel,they lack the status of law enforcement subjects and lack due legal protection when performing their duties in accordance with the law,which seriously hinders the effectiveness of the police auxiliary personnel system.Under the actual situa-tion in China,it is unrealistic to completely deny the law enforcement power of police auxiliary personnel.In the-ory,the police auxiliary personnel should be defined,the characteristics of their responsibilities should be clari-fied,and the law enforcement subject status of the police auxiliary personnel should be clarified;in practice,the internal and external authority behaviors of the police auxiliary personnel should be combined,and the flexible measures and rigid auxiliary enforcement measures should be combined to strictly define the boundaries of their participation in law enforcement and clarify their authority to participate in law enforcement;at the same time,strengthen the legal guarantee for police auxiliary personnel to perform their duties in accordance with the law,clarify that violent attacks on police auxiliary personnel constitute the crime of assault on police,and increase the level of security protection against police auxiliary personnel.
China's pre-reorganization procedure for corporate bankruptcy is an innovative legal procedure that combines the advantages of in-court and out-of-court legal procedures for bankruptcy and reorganization,provi-ding a new path for rescuing distressed enterprises.Since the supply-side structural reform proposed in China,with the continuous changes in the social and economic situation,the"dual system"rescue procedure for distressed en-terprise with bankruptcy and reorganization and out-of-court reorganization as the core has been unable to meet the substantial increase in the number of bankruptcy cases in judicial practice.Due to the lack of guidance from national policies and legal documents,local courts have different approaches to pre-reorganization procedures based on their actual circumstances.In order to improve the success rate of reorganization of distressed enterprises and further optimize the business environment,it is urgent to improve the pre-reorganization procedures for corpo-rate bankruptcy in China.To construct the pre-reorganization procedure for enterprise bankruptcy,it is necessary to draw on advanced concepts from abroad and combine it with the actual needs of China to clarify the theoretical issues in the pre-reorganization procedure;clarify the start-up mode of the pre-reorganization procedure with the debtor as the main and creditors as the supplement;clarify the specific rules in the pre-reorganization procedures to effectively protect the legitimate rights and interests of enterprises.
The notice of ordering to correct is widely used in the practice of administrative management,but there is no consensus on the actionability of the notice of ordering to correct in the practice of administrative trial.Through the investigation of batch cases involving"the notice of ordering to correct",it can be found that the no-tice of ordering to correct is usually excluded from the scope of acceptance by the people's courts.However,a large number of practical cases have shown that the notice of ordering to correct is also actionable on the basis of meeting certain conditions.When judging whether the notice of ordering to correct is actionable,it should be in-vestigated in a specific case,with whether the notice of ordering to correct has an actual impact on the rights and obligations of the counterparty as the core judgment standard,specifically and comprehensively judged from the rights-related nature of the notice of ordering to correct,the specificity of the object of ordering to correct,the ex-ternal effectiveness of the content of the notice of ordering to correct,the finality of the legal effect of the notice of ordering to correct,and whether there are other non-actionable factors.
