Ever since China opened up to the world in 1980's, the Shanghai Municipal Government, led by the Communist Party of China and the State Council, makes great effort to build the city into an international economic, financial, trade and shipping center. With the cooperation and hardwork of Shanghai people, the city is progressing to its goal as a global metropolitan. The new team of leaders of the Shanghai government took office in February 2003. "The power of the government is entrusted by the people; the interest of people is above all," as Shanghai Mayor Han Zheng promise in his inaugural. Guided by the Shanghai Party Committee, the city's new leadership vows to strictly perform its official duties; to make significant progress in self-improvement, and to intensify the shift of its role from administrative to public service. The Shanghai government will build itself into a service government that would share with the people all their happiness and troubles; a solid responsible government that is efficient, honest and diligent; a law-abiding government that respects legal system and rules strictly and impartially.

The municipal prosecutorial authorities will reinforce its supervision over substitution of fines for criminal punishment

10/18/2004

Sometimes it may been seen that the authorities of administrative enforcement of law only fine those illegal conducts and offenses that manufacture and sell the counterfeit, infringe the intellectual property rights and gravely disturb the order of market economy and do not place cases on file for investigation and prosecution against those shall be filed according to law or forward them to the judicial authorities that shall be forwarded according to law. Such a intractable "disease" in case filing will encounter the serious supervision by the prosecutorial authorities according to law, according to source from the news release conference called on by the municipal procuratorate.

It is reported that since the last ten-day period of April up to now, the municipal prosecutorial authorities have detected 15 cases that the administrative authorities should place on file for investigation but failed to do so. Among those 15 cases, 8 cases are suggested by the municipal prosecutorial authorities to be transferred by the administrative authorities to the public security authorities, among which 5 cases have been placed on file for further investigation of criminal liabilities by the public security authorities. Among those 15 cases, 4 cases should be placed on file for investigation by the public security authorities but failed to be done so, and are requested by the municipal prosecutorial authorities to state the causes for non-case filing, all of which have been re-placed on file for investigation now. Administrative regulations always regulate the detailed administrative penalties and the obscure definitions for conducts involving offenses, which is one of the objective reasons for substitution of fines for criminal punishment, Deputy Chief Public Procurator Zou Chuanji pointed out.

The municipal competent authorities jointly convened a coordination meeting at which the Measures on Establishment of Working System Interfacing Administrative Enforcement of Law and Criminal Justice (hereinafter refereed to as the Measures) was concluded on July 20th, 2004.

In accordance with provisions of the Measures which will be promulgated and brought into effect, the authorities of administrative enforcement of law shall, upon detection of any illegal conduct involving constitution of an offence in their check and punishment on such conduct according to law and in case a criminal liability shall be investigated according to law, forward the case to the public security authorities at the same level in due course of time, and present a copy whereof to the people's procuratorate at the same level for reference. The public security authorities shall present a copy of the case involving constitution of an offence which is forwarded by the authorities of administrative enforcement of law and it resolved to place on file for investigation or not to the people's procuratorate at the same level. In case the authorities of administrative enforcement of law demur the non-filing resolution or the resolution for review of non-filing by the public security authorities, the people's procuratorate shall conduct filing supervision according to law. In case personnel of administrative enforcement of law commit wrongdoings to serve their friends or relatives by non-forwarding clues of criminal cases or other crimes by taking advantages of their posts including but not limiting to embezzlement, bribe taking, malpractices, abuse of official capacity and circumstances are serious, the people's procuratorate shall immediately put cases on file for investigation for criminal liabilities according to law.
The Shanghai government 2006