"Handling every case with high quality and efficiency" is the basic value pursuit of procuratorial performance and case handling in the new era and new journey. With the centralized and unified handling of juvenile procuratorial operations and the integrated development of the "four major procuratorates", the work of non-prosecution has entered a new stage of comprehensive protection and development. In order to meet the requirements of the new situation and new development, the work of unprosecuted cases still faces some difficulties in terms of personnel allocation, case handling, comprehensive protection, and crime prevention, and it is necessary to fully grasp the opportunities, enhance confidence, innovate the construction of mechanisms, and handle unprosecuted cases with high quality and efficiency.
Opportunities to handle unprosecuted cases with high quality and efficiency. The advantages of the leadership system of procuratorial organs are an important guarantee for high-quality and efficient case handling. In the procuratorial integration mechanism, the core connotation of the leadership of the higher level is the subordinate level. The vertical relationship between procuratorial organs is that of the leader and the led, and the procuratorial organ at a higher level has the right to issue instructions to a lower level in a specific case. Therefore, in terms of vertical integration, multi-level overall planning can be highlighted, and the overall supervision efficiency can be effectively improved through the assignment, proposing, leading and supervising the handling of some major cases by the higher-level procuratorate; On the other hand, we can abandon the one-way mindset of judging facts and doing things piecemeal, and place the requirements of case handling as the center in the comprehensive, coordinated, and fully integrated development of the "four major procuratorates", relying on the integrated real-time supervision characteristics embodied in the advantages of participation, follow-up, and integrated supervision, to lead the overall function of procuratorial integration to be fully utilized.
The informatization of procuratorial information has made the case-handling mechanism that integrates the upper and lower levels more and more operable. In the era of big data, the construction of informatization has promoted the connectivity of procuratorial organs at all levels, and the extensive use of four-level local area networks, procuratorial business application systems, and remote interrogation systems has made the collection and absorption of case information between the upper and lower levels of procuratorial organs stronger and more efficient, and the guidance of higher courts and the request for instructions and reports of lower courts are more convenient and efficient. Information communication undoubtedly helps higher-level procuratorates to grasp the judicial dynamics and case-handling situation of lower-level procuratorates to the greatest extent, and also provides strong technical support for the promotion and operation of the procuratorial integration mechanism.
The handling of unprosecuted business is centralized and uniform, so that the case-handling mechanism is more in line with judicial rules. Procuratorial organs' supervision and handling of cases is closely related to other law enforcement and judicial organs, and should be integrated into the larger system of rule of law construction and the rule of law supervision subsystem to perform their duties and responsibilities, use system concepts to analyze and solve problems, and help law enforcement and justice coordinate and be efficient, so as to truly achieve effective cooperation and effective restraints. The centralized and unified handling of the "four major procuratorates" of criminal, civil, administrative, and public interest litigation involves multiple fields and departments such as education, health, culture and tourism, and market supervision, and procuratorial case handling and supervision are inseparable from communication, coordination, collaboration, and supervision with other relevant administrative law enforcement departments. For example, if a procuratorial recommendation for public interest litigation or a procuratorial recommendation for social governance is drafted and issued, it is necessary for the municipal procuratorate to be equal to the municipal organ in accordance with the principle of reciprocity of ranks; At the same time, after receiving the procuratorial suggestions at the municipal level, unified rectification or standardization may be carried out at the citywide level based on the content of the procuratorial recommendations, which is more conducive to the systematic and comprehensive resolution of relevant issues and improves the quality and efficiency of case handling.
The establishment of a general pattern for the protection of minors has made the results of case handling more obvious. At the level of judicial organs, procuratorial organs, as the only judicial organs involved in the entire process of juvenile justice, have the responsibility and the conditions to fully perform their leading responsibilities. At the legislative level, the Law on the Protection of Minors clearly proposes six protection mechanisms: "family, school, society, network, government, and justice", and procuratorial organs perform the responsibility of judicial protection, and at the same time shoulder the heavy responsibility of legal supervision, and at the same time shoulder the new mission entrusted to procuratorial organs in the new era, and meet the new requirements of the development of the times for the judicial protection of minors. The formulation and implementation of the Civil Code, the revision and implementation of the Law on the Protection of Minors, the Law on the Prevention of Juvenile Delinquency, and the Law on the Promotion of Family Education, and the establishment of national and all levels of coordination bodies for the protection of minors, have brought together the efforts of all parties at the national and government levels to protect the healthy growth of minors. In this environment, the communication and coordination of the work of the procuratorial organs to promote the judicial protection of minors and the integrated supervision of comprehensive protection through case handling will be more convenient, and the intensity and effectiveness of the work will be better. For example, the emphasis on and implementation of relevant procuratorial recommendations, the correction and correction of administrative organs' ineffective performance of their duties, the handling and resolution of issues involving public interest litigation, and the improvement of quality and efficiency of comprehensive social governance, etc., have made the external environment for the advancement of the integration mechanism more optimized.
Exploration of the path of handling unprosecuted cases with high quality and efficiency. There are four main ways to start:
Improve mechanisms for vertical integration in the handling of unprosecuted criminal cases. Focusing on multi-level overall planning, through the guidance of higher-level procuratorial organs in major, difficult, and complex criminal cases, and the handling and handling of cases, the integrated handling of cases has effectively resolved the lack of personnel and capacity of the basic level courts, and increased the overall effectiveness of supervision. Taking the Rizhao City Procuratorate in Shandong Province as an example, through the establishment of a supervision system for major and difficult criminal cases, all cases involving sexual assault that have not been prosecuted are reported to the municipal court as soon as possible, and all cases that are not to be prosecuted are uniformly reviewed by the municipal court, and the municipal court conducts a simultaneous review of major cases. In recent years, it has successively handled cases that have been supervised by the provincial court and have attracted widespread attention from public opinion, and all of them have been intervened in advance and reviewed simultaneously, effectively improving the quality and efficiency of case handling and saving litigation resources.
Improve the unified and centralized handling of uninspected business, and the integration mechanism for vertical and horizontal integration. Through the establishment of a systematic concept, strengthen the effective connection of various business departments in litigation supervision. In the case of leads in public interest litigation involving minors, internal departments and social forces may be relied upon to discover leads such as violations of guardianship rights, custody disputes, and judicial aid in the handling of criminal cases, and in the course of case handling, conduct investigations and evidence collection in cooperation with departments such as for public interest litigation and procuratorial technology, to ensure the pertinence and effectiveness of procuratorial efforts in public interest litigation involving minors.
Improve mechanisms for the integration of internal and external integration for the comprehensive protection of minors. Through continuous improvement of mechanisms such as information circulation, transfer of leads, and connection and cooperation with member units for the protection of minors, a joint force for the comprehensive judicial protection of minors is formed. For example, the implementation of the mandatory reporting system, the handling of persons under the age of criminal responsibility, family education guidance, and the implementation of Procuratorial Recommendation No. 1 all require the cooperation and support of all departments to form a joint force. It is necessary to establish and improve the joint conference mechanism, and promote the implementation of various systems and mechanisms through the formulation of relevant system documents and regular work promotion meetings.
Improve mechanisms for the integration of rule of law publicity. On the basis of the requirements of rule of law lecture tours, the city or county level may be used as a unit to uniformly establish campus tour rule of law lecture groups, effectively alleviating problems such as the large number of minors and the insufficient coverage of rule of law education. At the same time, it is necessary to increase the practice of rule of law inside and outside the school, to provide students with meaningful and interesting experiences, and to promote the realization of the goal of rule of law education in the process of encouraging students to practice the law. Truly make the most suitable candidates for rule of law who are experienced and good at supervising and managing teaching as vice-principals for rule of law, and at the same time include participation in campus governance and teaching of rule of law courses as specific evaluation content, implement effective incentive measures, better mobilize work enthusiasm, and truly play a role.
Due to the special nature of juvenile procuratorial work, the breadth of the scope of supervision, the diversity of comprehensive protections, and the universality of social concerns, juvenile procuratorial work should be more fully integrated and coordinated by making full use of and giving play to the advantages of integrated systems and mechanisms, fully integrating and coordinating the advantages of internal and external resources, so that procuratorial organs can increase the intensity of legal supervision with the image of "guardians of the law as a whole", handle every juvenile procuratorial case with high quality and efficiency, and contribute more procuratorial forces to the healthy growth of minors.
(The authors are respectively the chief procurator and deputy chief procurator of the People's Procuratorate of Donggang District, Rizhao City, Shandong Province)
Source: Procuratorate Daily