Strengthen the governance of litigation sources with high-quality and effective legal supervision

Governance of litigation sources is an important part of social governance, including prevention at the source, front-end resolution, control at the gate and other key links, through a variety of governance methods, to prevent potential disputes, resolve existing contradictions, reduce the number of cases entering the litigation process, or effectively divert cases in litigation. In the construction of the rule of law, it is necessary to grasp the end and treat the disease, and more importantly, to grasp the front end and treat the disease before it happens. Procuratorial organs should carry out in-depth governance of the source of litigation, effectively implement the requirements of "grasping the front end, treating the disease before it happens, and grasping the end and treating the disease", and in procuratorial practice, they should start from multiple dimensions and perform their legal supervision duties with high quality and efficiency.

　　Actively lead the society's awareness of the rule of law, and promote "prevention of disease". From this perspective, "prevention of disease" is mainly at the stage when conflicts and disputes germinate before they form litigation cases. At this stage, the essence of the procuratorial organs' promotion of the management of the source of litigation is to jointly promote comprehensive governance under the unified leadership of the Party committee. The main starting point is to strengthen the work of popularizing the law and promote the cultivation of social awareness of the rule of law. In recent years, procuratorial organs have introduced many new explorations in cultivating awareness of the rule of law. For example, actively promote the work of vice-principals for rule of law, and realize that "rule of law education starts from children"; Give full play to the role of the "barometer" of social governance in judicial case-handling, regularly publishing procuratorial case-handling data and typical cases, and strengthening the function of "using cases to explain the law". At the same time, in accordance with the deployment of the Party committee, strengthen the rule of law training for rural "people who understand the law", and cultivate a legal popularization team that the masses cannot take with them. Generally speaking, in the stage of "preventing disease", procuratorial organs, as participants, promoters, and promoters in promoting the governance of litigation sources, should give full play to their due role.

　　Effectively promote the triage of cases and accurately promote the "triage of medical conditions". "Triage of medical conditions" mainly refers to giving full play to the role of procuratorial organs as pre-trial gatekeepers, accurately triaging litigation cases, and improving the quality and efficiency of case handling. The first is in criminal proceedings. In view of the fact that the total number of criminal cases has increased and the proportion of minor crime cases has increased, grasp the issues of the times for the modernization of misdemeanor governance, accurately implement the criminal policy of blending leniency and severity, improve systems such as non-prosecution, and promote the pluralistic handling of misdemeanor cases in accordance with law, reduce social antagonism, and promote endogenous social stability. The second is in the area of procuratorial public interest litigation. Pay attention to the organic combination of non-litigation mechanisms such as consultation, pre-litigation procuratorial suggestions, and mechanisms for initiating litigation, to properly resolve the problem of harm to the public interest. At the same time, for problems that cannot be solved by non-litigation mechanisms, we should accurately grasp the actionability, and be good at handling cases with high quality and efficiency through litigation mechanisms to achieve the effect of warning, so as to more effectively promote the governance of litigation sources.

　　Focus on the conclusion of the case and goal-oriented, targeting the "treatment of the disease". For cases that have already entered the procuratorial process, it is necessary to implement the requirements of the concept of "handling every case with high quality and efficiency", target "curing the disease", and vigorously urge the case to be closed. The first is to make full use of the means of procuratorial reconciliation and substantive resolution of administrative disputes. Strengthen procuratorial reconciliation and substantive resolution work, and resolve existing litigation disputes with high quality and efficiency. Criminal prosecutions focus on the overall use of the plea leniency system, expedited criminal procedures, criminal reconciliation, and so forth, to promote the separation of complicated and simple criminal cases, the separation of the minor and the serious, and the separation of the fast and the slow, and promote the rescue and education of criminal suspects and the repair of damaged social relationships. Civil procuratorates focus on the use of effective practical explorations such as the "Ten Methods for Resolving Litigation" and the "Six Hearts Work Method" to strengthen civil procuratorial reconciliation work. Administrative procuratorates focus on strengthening and standardizing the substantive resolution of administrative disputes, emphasizing the use of statutory supervision methods such as procuratorial hearings, judicial assistance, prosecutorial counter-appeals, and procuratorial suggestions for retrial to achieve substantive resolution. The second is to strengthen the docking of inspection and investigation. In addition to actively docking with the "one-stop" multiple dispute resolution system under the leadership of the Party committee, it is also necessary to actively strengthen the docking with mediation organizations, be good at giving play to the role of mechanisms such as hearings and specially invited prosecutors' assistants, and hire mediation experts, psychological counselors, and other personnel in the industry as procuratorial hearing officers and specially invited prosecutors' assistants, so as to effectively promote the conclusion of cases.

　　Persist in attaching equal importance to the treatment of crimes and governance, and promote the tracing of the source of the "root cause of disease". Promoting the tracing of the source of the "root cause of the disease" is characterized by the active performance of duties in accordance with the law, based on the handling of cases, getting to the root of the problem, analyzing the loopholes in social governance that cause litigation, and accurately putting forward the procuratorial "prescription" for "treating the root cause of the disease", so as to achieve "handling one case and governing one piece". To promote the tracing of the source of the "root cause" of the disease, the following work should be consolidated and deepened: First, improve the effectiveness of the "handling" of social governance procuratorial recommendations. On the basis of the solid quality of the procuratorial recommendations themselves, make overall plans for the use of measures such as "looking back" on rectification, relying on third-party forces to carry out assessments of the effectiveness of rectification, and promoting the inclusion of procuratorial recommendations in the assessment of the construction of safety, to promote the real reform of problems and the real problems. The second is to promote the expansion of case-by-case compliance to industry compliance. Promoting general prevention through special prevention is one of the functions of compliance reform of enterprises involved in cases. When handling compliance cases involving enterprises, pay attention to strengthening typological thinking, be good at extending thinking about the general issues of industry governance from the management loopholes of the enterprises involved in the case, and cooperate with administrative organs and industry associations to jointly promote industry compliance. The third is to improve the effectiveness of procuratorial public interest litigation in promoting the establishment of a system for plugging leaks. Public interest litigation pursues the pluralistic goal of handling individual cases to rectification of similar cases to improving the system and mechanism, which is essentially a process of continuously tracing back to the source of litigation and reducing conflicts and disputes from the source. The problem of public interest damage is more typical, and there are many problems of lack of coordination between regulatory departments. Deepening the governance of litigation sources through procuratorial public interest litigation focuses on the use of the method of "grasping the system and grasping it systematically" to carry out supervision of similar cases, promote the overall governance of a type of problem, and use universal issues as a logical starting point to urge the establishment and improvement of institutional mechanisms for coordinated and co-governance by regulatory departments, and work together to achieve governance at the source.

　　Put the source management at the forefront to prevent "secondary lesions". Preventing "secondary lesions" refers to preventing problems related to petitions involving procuratorates due to improper supervision and case handling, or the parties' lack of understanding or satisfaction with supervision and case handling. The Jiangxi Provincial Procuratorate has innovatively launched a "case-to-visit ratio" quality and efficiency analysis and management system that observes the ratio of "the number of petitions caused by case handling to the number of cases handled", coordinates the work of reverse review, review and analysis of petitions, and guides procurators to pay attention to the frequent occurrence of petitions in front-end case handling, and simultaneously promotes the work of handling cases in accordance with the law, explaining the law and reasoning, and handling contradictions, and applies the "eighteen martial arts" of resolving contradictions such as hearings and judicial assistance to the forefront of judicial case handling, so as to realize the early warning and prevention of the source of law-related and litigation-related petition problems, and vigorously promote the elimination of "potential visits".

　　(The author is the chief procurator of the People's Procuratorate of Yingtan City, Jiangxi Province.) This article is the result of the 2023 Jiangxi Provincial People's Procuratorate's procuratorial theory research project)

Source: Procuratorate Daily