The party's procuratorial cause is welcoming the best period of development, ushering in unprecedented development opportunities and facing higher performance requirements in the new era.
On January 17, the National Conference of Prosecutors General (Expanded) was convened. What "fresh words" were proposed at the meeting? What is the implication? Follow the Righteous King for a quick peek!
01、 "Steady word"
Procurators performing their duties must persist in "keeping the word steady", and embody political loyalty and responsibility in safeguarding national security and social stability. Persist in carrying out the struggle against organized crime and eliminating evil forces on a regular basis on the track of the rule of law, and put the principle of "not letting go of one criminal syndicate and evil crime, and not making up a number of criminal syndicates and evil crimes" to the daily handling of cases, persist in cracking down on small crimes early, and promote the long-term effectiveness of regular rule.
02. Eliminate procedural closure and mechanical justice
Most judicial cases occur around the masses, and only by handling them well with heart and affection can we safeguard the will of the people. Implementing Xi Jinping's rule of law thought is not a slogan, it must be embodied in all aspects of procuratorial performance and case handling, comprehensively considering law, reason, and circumstances, effectively handling each specific case, and resolutely eliminating procedural closure and mechanical justice! Minor injury cases are common and frequent, and they are typical "small cases". Procuratorial organs in all localities should comprehensively consider such factors as cause, background, criminal means, consequences, and relationships between the parties in such cases, accurately judge the harmfulness of society, make good use of institutional mechanisms such as leniency in admitting guilt and accepting punishment, and docking between procurators and investigations, handle cases in accordance with the law with heart and affection, and realize the organic unity of the "three effects".
03. Update the concept
In-depth implementation of the criminal justice policy of less arrest, cautious prosecution and cautious detention, focusing on updating the concept, deeply realizing that the criminal policy of combining leniency and severity in the arrest and prosecution links is the specific implementation of the criminal policy of blending leniency and severity in the arrest and prosecution links, and the fundamental value lies in the implementation of Xi Jinping Thought on the rule of law and the adaptation of the people's demand for democracy, rule of law, fairness, justice, security and other higher levels of demand in the new era. It is necessary to earnestly achieve "political point of view," divide crimes to the greatest extent, reduce social antagonisms, promote endogenous social stability, and truly put the people as the center.
04. We will never tolerate profits from crimes
Deepen the application of the plea leniency system, promoting the realization of better quality and effectiveness in case handling. In accordance with the deployment of the Supreme People's Procuratorate, it is necessary to comprehensively promote the system of synchronous audio and video recording of pleas and acceptance opinions, ensuring voluntariness, authenticity, and legality; conscientiously implement the three guiding opinions on sentencing recommendations, and improve the accuracy of sentencing recommendations. It is necessary to accurately put forward the main punishment recommendation, but also pay attention to the additional criminal recommendation. For crimes related to criminal syndicates and evil forces, crimes abusing public office, economic crimes, and so forth, it is necessary to attach importance to and put forward a recommendation for confiscation of property or a fine in accordance with law, and will never tolerate profits from crimes.
05. Litigation source governance
Attach importance to the governance of litigation sources, and help the national governance system and governance capabilities to continuously improve. In judicial cases, some of them hide deep-seated contradictions and problems, and some of them reflect emerging and tendentious problems, and it is necessary to pay more attention to, be more conscious, and be good at "seeing the small things" from specific cases and events, so as to promote the prevention of problems before they occur and grasp the root causes. Procuratorial organs at all levels should strive to make good use of procuratorial comprehensive management recommendations, annual reports on legal supervision, regular release of business data and typical cases to the public, etc., to effectively warn the society, lead the society's awareness of the rule of law, and promote the implementation, deepening, and improvement of the construction of a rule of law China and a safe China.
06. Be able to perform duties dynamically
Procuratorial organs should earnestly enhance their awareness of the overall situation and responsibility, persist in performing their duties in accordance with the law, and provide more practical services to ensure that economic and social development is stable and progressive.
07. Do solid corporate compliance
The compliance reform of the enterprises involved in the case, to do a solid job of corporate compliance, focuses on the implementation of third-party supervision and evaluation mechanisms. With the strong support of relevant departments, the third-party supervision and evaluation mechanism at the national level and its management committee and professional pool have been established one after another. All localities should actively consult with relevant departments to step up their efforts and do a good job in the "second half of the article" of enterprise compliance. We must first clarify the "rules" and achieve "real fit" and "really work". Efforts should be made to supervise "rectification", supervise third-party organizations and personnel to achieve "true supervision" and "true assessment", and ensure that the enterprises involved in the case are "truly rectified" and "truly compliant".
08. Comprehensive protection of intellectual property rights
The innovation of procuratorial performance services focuses on strengthening the judicial protection of intellectual property rights. It is necessary to adhere to the fair and reasonable protection of intellectual property rights in accordance with the law, earnestly safeguard the public interest, stimulate innovative development, and prevent the abuse of litigation rights to harm the public interest. It is necessary to conscientiously implement the spirit of the central work conference on talent and prudently handle cases involving scientific research funds according to law.
09, stop at the highest good
The Supreme People's Procuratorate has deployed special activities such as the satisfaction survey of "every case has a reply", the special inspection of the first appeal handled by the leaders of the hospital, and the "looking back" of the backlog of letters and petitions, with the purpose of grasping the truth and then grasping the truth, promoting the first link to do the truth and seeking the ultimate, so that the resolution of the contradiction between letters and visits "stops at the best". The public hearing made fairness and justice tangible and conducive to the closure of the case. The Supreme People's Procuratorate requires that all levels, every court, and every line of business "should be heard to the fullest." It is necessary to select cases with strong demands from the masses and prominent contradictions, difficult, complex, and leading cases to carry out hearings, and prevent "collective hearings."
10. Six major protections
It is necessary to continue to implement the "No. 1 Procuratorial Recommendation" as the traction, take more targeted measures, and implement the "two laws" for the protection of minors in detail. On the one hand, it is necessary to deepen the centralized and unified handling of juvenile procuratorial work, and improve the comprehensive judicial protection capacity and level of juveniles; on the other hand, it is necessary to pay close attention to the special legal supervision action of "procuratoring and loving peers and protecting the future together", so as to effectively supervise and promote the mutual integration and overall implementation of the "six major protections".
11. Promote "all management" with "I manage"
In judicial practice, for some work that concerns the vital interests of the masses, the law only stipulates in principle. When procuratorial organs discover that they are missing their duties in handling cases, they must use the persistence of "the original heart" and the standard of "keeping the heart" to administer justice for the people, and use "I manage" to promote "all management." "I manage" means to supervise according to law, and the emphasis is on promoting functional organs to perform their duties according to law, effectively correcting mistakes, and promoting the implementation of "all management" according to law.
12. Community corrections circuit procuratorates
The Supreme People's Procuratorate has promulgated the "Regulations on the Roving Procuratorial Work of the People's Procuratorates", and in the course of implementation, it is necessary to give full play to the advantages of the integration of "patrol" and "stationing", so as to discover problems by touring and promote the prevention and control of supervision dereliction of duty and violations of the law. It is necessary to draw on the experience of prison circuit inspections, comprehensively promote the circuit inspection of detention centers, and actively explore the development of community corrections circuit inspections.
13. Public Interest Litigation "4+5"
The four traditional areas of public interest litigation must always be grasped as the focus of case handling. In 2021, municipal and county-level procuratorates have achieved full coverage of public interest litigation cases in the fields of ecological environment and resource protection and food and drug safety, and should further focus on these two "mandatory areas" to gnaw hard bones and fight a protracted war. Most of the cases in the field of state-owned property protection and the transfer of state-owned land use rights involve the loss of state-owned assets, and the municipal courts should take it as the focus, actively discover clues, handle and supervise several typical cases by themselves, and make full use of public interest litigation to promote supervision and recover losses. Public interest litigation in the fields of protection of the rights and interests of heroes and martyrs, production safety, protection of minors, protection of honor and reputation rights and interests of military personnel, and protection of personal information has been formulated and revised in recent years, and has been successively included as institutional arrangements. The statutory responsibility of "4+5" public interest litigation must be implemented! Outside the statutory fields, it is necessary to actively and steadily focus on handling cases in areas such as network governance, financial securities, intellectual property rights, protection of cultural relics and cultural heritage, and protection of women's rights and interests, so as to lay a practical foundation for the improvement of relevant legislation.
14. Establishment of procuratorial integration mechanisms
Procuratorial organs at the four levels, all business lines, and all departments within the hospital should pay more attention to the concept of system, firmly establish the concept of "supervising in handling cases and handling cases in supervision", enhance the sense of integration, implement the requirements for the integration of supervision and case handling, and beware of isolating and cutting off the functions of supervision and case handling. Vertical integration should be smoother. The procuratorates at higher and lower levels are a whole, and the procuratorates at higher levels are even stronger backing for the lower courts to correctly perform their duties. Horizontal integration should be more closely linked. Where the "four major procuratorates" and "ten major operations" perform their respective duties and need the cooperation and support of the relevant procuratorial departments, they must strengthen coordination and cooperation to form a joint force for supervision.
15. Year of quality construction
The Party Group of the Supreme People's Procuratorate has decided to designate this year as the "year of quality construction" for procuratorial work, take the lead in promoting the whole system to focus on the key of "high-quality development", take a strong work style, emphasize implementation, and improve efficiency as the orientation, promote the overall improvement of procuratorial political construction and the level of ability to perform duties, and further achieve practical strategic foresight, advanced concepts, fine case handling, excellent ability, solid foundation, and scientific management.
16. Procuratorial big data strategy
Any illegal crime has an information chain, isolated look at each information point on the chain is difficult to find abnormalities, the use of big data screening, comparison, collision, information points between the intersection, collusion, problem clues can be clearly displayed. Procuratorates at all levels, first of all provincial and municipal courts, should be determined to overcome big data barriers, fully obtain relevant data in all aspects, explore, innovate, and optimize data supervision models, collect and collide relevant data, discover supervision clues hidden in them, and promote the solution of deep-seated problems in social governance.
17. It is necessary to help the weak and also to support the intellect
Through the implementation with the tenacity of "poverty alleviation", the construction of grass-roots hospitals has achieved remarkable results, and many of the weak problems of 129 weak grass-roots hospitals have been solved. The Supreme People's Procuratorate should pay close attention to studying and formulating methods and standards for "defacing." All provincial-level courts should check against the standards, meet the standards of the "list", do not meet the standards to continue to tackle the tough problems, while identifying a new batch of relatively weak hospitals, stubble to promote the overall progress of grass-roots hospitals, overall improvement. In 2021, the chief procurators of municipal and county-level procuratorates will complete the change of term one after another, and the Supreme People's Procuratorate and provincial-level procuratorates should make overall plans to do a good job in education, training, supervision and management, and effectively enhance their awareness, ability, and style of seeking their own government. Counterpart assistance should not only help the weak, but also help the intellect, and the procuratorate receiving assistance should especially "emphasize self-improvement"!
18, not only to ensure the "background color" but also to have a "bright color"
To adapt to the higher requirements of high-quality development, procurators in the new era should not only maintain the "background color": inherit, continue to be loyal and dedicated as always; more importantly, have a "bright color": advanced concepts to lead, stronger professional ability. To cultivate and promote heroic procuratorial models, we must be like Shi Jinglan, Wang Min, and Wang Chaoyang, be professional experts, be a legal "living dictionary," bravely stand at the head of the tide of innovative case handling, and lead the vast number of procuratorial personnel to move forward.
(Source: Supreme People's Procuratorate WeChat Finishing: Luo Lili Pan Wei)
![The Shunping County People's Procuratorate held an enlarged party group meeting to deeply study and implement the spirit of the national procurator general (expanded) meeting[fig]](data:image/gif;base64,R0lGODlhAQABAIAAAP///wAAACwAAAAAAQABAAACAkQBADs=)