Rule of Law Daily丨 let the people truly feel the temperature of the procuratorate

On April 20, 2021, the eleventh edition of the Rule of Law Daily published the article "Let the People Truly Feel the Temperature of Procuratorate - Tieling Procuratorial Organs Use Hearing Methods to Review Cases to Improve the Quality and Efficiency of Case Handling", which reads as follows:

Let the people truly feel the temperature of the procuratorate

The Tieling procuratorate used the method of hearing

Review cases to improve the quality and efficiency of case handling

Zhang Guoqiang Han Yu

"In October 2020, the Provisions on the Work of The People's Procuratorate on Reviewing Case Hearings were officially released. Procuratorial hearings have become a special way for parties to sit face-to-face with law enforcement agencies and people from all walks of life. According to the relevant person in charge of the People's Procuratorate of Tieling City, Liaoning Province, through the hearing to allow the parties to fully express their demands, the procuratorial organs can better determine the facts, apply the law, make a fair decision on the handling of the case in accordance with the law, and can interpret the law and reason more specifically and untie the knots in the hearts of the parties.

Since the beginning of this year, the procuratorial organs of Tieling City have made full use of procuratorial hearing methods to review cases, improve the quality and efficiency of case handling, and have successively handled a total of 28 cases of proposed non-prosecution, criminal, criminal appeals, civil litigation supervision, administrative litigation supervision and other types of cases in the form of public hearings and non-public hearings, which not only publicizes legal policies, but also ensures the fairness of case review and enhances judicial credibility.

Let the judiciary have strength and temperature

On March 22, the Tieling Municipal Procuratorate and the Yinzhou District Procuratorate jointly held a public hearing on the theft case of Jin Moumou, and invited people's congress deputies, CPPCC members, people's supervisors, and investigators to participate in the whole process of supervision.

At the hearing, the procuratorial organs played surveillance videos involved in the case, explaining the facts of the case, the evidence involved in the case, the legal basis, and the criminal suspect's behavior of admitting guilt and accepting punishment and actively obtaining the victim's forgiveness, and at the same time explaining the degree of subjective malignancy of the criminal suspect and the actual situation of the family, and making a detailed explanation of the facts of the case and the application of law in this case.

"Although it is a simple theft case, during the public hearing, I felt the procuratorial organ's people-centered judicial concept, which not only enhanced the credibility of the judiciary, but also reflected the judicial temperature." A people's supervisor who participated in the hearing said.

After carefully listening to the opinions of the participants in the hearing, the relevant person in charge of the Tieling Procuratorate said that the case would not be closed and would not be prosecuted, and the procuratorial organ would also coordinate with the civil affairs department to help Jin Solve the problem of family life difficulties.

Deng Guiyu, director of the First Procuratorial Department of the Yinzhou District Procuratorate, introduced that the procuratorial organs at the two levels in Tieling use the method of joint public hearings to handle cases, bring together the experience of the two levels of courts in handling cases, not only give judicial care to criminal suspects who are forced into difficulties due to their lives and enter the judicial procedures, but also keep the bottom line of the law, integrate the national law and human feelings, uphold the concept of no small cases in the judiciary, and emphasize the quality and effectiveness of case handling, so that the judiciary has both strength and temperature.

Let power run in the sun

"Agricultural land involves the vital interests of the people, the procuratorial organs held public hearings, fully explained the law and reasoned, and handled it properly, which well eliminated the doubts of the parties about legal policies, promoted the resolution of contradictions, and the dismissal of lawsuits and visits..." On March 22, the Tieling County Procuratorate held a public hearing on three cases of proposed non-prosecution, namely two cases of illegal occupation of agricultural land and one case of dangerous driving. The hearing was presided over by the chief procurator of the county procuratorate, and representatives of people's congress deputies, MEMBERS of the Chinese People's Political Consultative Conference, forestry bureau, civil affairs bureau, and lawyers were invited to participate in the deliberations, and the discussion was lively on the spot.

At the hearing, the procuratorial organs respectively introduced the basic situation of the three cases, and elaborated on the facts, evidence, case handling, and application of law determined by the review. The hearing officer asked questions on the spot around the facts and evidence of the case, further understood the facts of the case, analyzed the application of law, and comprehensively reviewed the entire case situation.

The participants in the hearing unanimously believed that the use of public hearing methods to handle cases to be not prosecuted can be more targeted to analyze the contradictions in the case, and the participants in the hearing can expound the reasons and understanding of the handling of the case from multiple angles from their respective professional characteristics, which is more conducive to reaching consensus, promoting the resolution of problems, and protecting the legitimate rights and interests of the parties to the case.

"Under the premise of handling cases in accordance with the law, the county procuratorate strives to give play to the institutional value of the public hearing procedure, publicly review cases in the form of hearings, and make the review of non-prosecution cases that have long attracted considerable social attention open, so that power can run under the sun." Ma Tingting, director of the First Procuratorial Department of the Tieling County Procuratorate, introduced.

Accept supervision to close the case

On March 24, the Tieling Municipal Procuratorate held a public hearing on two administrative litigation supervision cases and one civil litigation supervision case, and invited lawyers to participate in the supervision.

Before the hearing, the procuratorial organ communicated with the parties on many occasions to clarify the focus of the dispute and the content of supervision in the three cases. During the hearing, the procuratorial organ introduced the basic facts of the case and the litigation process, the two parties stated their opinions around the focus issues, and the hearing officer fully listened to the parties' statements and inquired about the relevant issues, and made comments after in-depth analysis and discussion.

Chen Shi, head of the Fourth Procuratorial Department of the Tieling Municipal Procuratorate, said: "Handling civil and administrative litigation supervision cases through hearings and handling procuratorial supervision cases by actively accepting social supervision will help further optimize the way of handling cases, effectively improve the credibility and social awareness of civil and administrative procuratorial supervision and handling, and actively promote the substantive resolution of disputed issues, which is of positive significance for promoting accurate supervision of civil and administrative procuratorates." ”

According to statistics, the procuratorial organs at the two levels in Tieling have used public hearings and closed hearings to handle seven types of cases, including proposed non-prosecution, criminal, criminal appeal, juvenile, civil litigation supervision, administrative litigation supervision, and public interest litigation, which have further improved the transparency of case review, enhanced the credibility of law enforcement and justice, and enhanced the sense of judicial access of the masses.

"In the next step, the Municipal Procuratorate will continue to explore the use of procuratorial hearing methods to improve the quality and efficiency of case handling, guide grass-roots procuratorates to actively carry out hearing activities, accumulate case handling experience, and directly and effectively protect the legitimate rights and interests of the parties to the case through hearings, so that the people can truly feel the procuratorial temperature." The relevant person in charge of the Tieling Municipal Procuratorate said.

Source: Rule of Law Daily