Set a benchmark for high-quality and efficient case handling
Nanjing, Jiangsu: Strengthen case cultivation
Promote the improvement of the quality and effectiveness of legal supervision
On October 16, 2023, the Supreme People's Procuratorate released the 49th batch of Guiding Cases, and the case of parole supervision of convict Zou Moumou handled by the Zhongshan District Procuratorate of Nanjing City, Jiangsu Province was selected. It is understood that since 2023, four cases handled by the Nanjing Municipal Procuratorate have been selected as guiding cases of the Supreme People's Procuratorate, including the copyright infringement case of a Shanghai company, Xu Lin and Tao Wei, the illegal fundraising case of Zhang Yeqiang and others, and the embezzlement of public funds case by Li and others.
Guiding Cases are the best of the procuratorial products. Ying Yong, Secretary of the Party Leadership Group and Procurator General of the Supreme People's Procuratorate, emphasized that for some cases with leading value and typical significance, it is necessary to be good at summarizing judicial experience in the performance of procuratorial duties, refining judicial rules, forming judicial rules, and leading the society's awareness of the rule of law with "handling every case with high quality and efficiency" to help the progress of the rule of law in society.
How are the cases selected as Guiding Cases of the Supreme People's Procuratorate handled? What are the exclusive secrets of the Nanjing Municipal Procuratorate in contributing four Guiding Cases to the procuratorial organs across the country in 2023? This reporter recently walked into the Nanjing Municipal Procuratorate to find out.
Build a platform for talent growth
"The fact that the same case has been selected as both a Typical Case and a Guiding Case of the Supreme People's Procuratorate is not only that the case itself is highly typical and instructive, but also that the procurator has demonstrated excellent political quality and professional ability in the process of handling the case. Talking about the copyright infringement case of a company in Shanghai, Xu Lin and Tao Wei, Cai Daotong, president of the Case Law Research Association of Jiangsu Law Society and professor of Nanjing Normal University, told reporters.
This case is the first chip infringement case handled by the Jiangsu Provincial Procuratorate. In January 2020, in the face of the type of case that had never been handled before, Zhang Lingyan, the prosecutor in charge of the case and the deputy procurator general of the Yuhuatai District Procuratorate of Nanjing City, relied on her years of experience in handling cases to guide the public security organs to change their investigation thinking and solve a number of difficult problems involved in the case - accurately identifying the charges in the case, scientifically reviewing the substantive similarity identification, and doing a good job in the protection of trade secrets involved in the case. In July 2021, the court held a hearing on the case and adopted all the prosecution opinions of the procuratorate.
"Cultivating a 'red and professional' procuratorial team with strong political skills and skills is the foundation of 'handling every case with high quality and efficiency', and it is also the key to the birth of more high-quality cases. Li Yong, a national procuratorial expert and director of the Law and Policy Research Office of the Nanjing Municipal Procuratorate, said.
Focusing on the goal of handling high-quality cases and typical cases, the Nanjing Municipal Procuratorate has played a set of "combination punches" in order to build a strong professional procuratorial team: implementing the "100 Talents Plan" targeted training, establishing a talent pool of 100 young cadres, dynamically adjusting, and accurately cultivating and selecting; building a "multiple platform" for three-dimensional sharpening, focusing on teaching, learning, training, competition, research, etc., creating a "No. 108 Detective" platform, building a school and a forum, and boosting the growth and success of cadres and police; Growth file tracking management and other systems guide young cadres and police officers to "buckle the first button in life" and pass on the "baton" of the procuratorial cause.
Since 2023, 15 national and provincial procuratorial business pacesetters and experts have emerged in the Nanjing Municipal Procuratorate, and 31 advanced collectives and 42 advanced individuals have been rated at or above the provincial level.
Challenging new types of crimes to become "benchmark cases"
The case of Zhang Yeqiang et al. illegally raising funds is a new type of financial case in which a private fund manager registered with the Asset Management Association of China (AMAC) raised funds from unspecified investors on the pretext of issuing and selling private funds. At the time of the incident, the principal loss of the fundraising participants was as high as more than 2.8 billion yuan.
When accepting the case, the Nanjing Municipal Procuratorate was faced with several major problems: How to distinguish the authenticity of the private equity funds involved in the case from those of the 133 private equity funds involved in the case with the AMAC; How to judge whether there were illegal operations? And how to judge whether there was an "illegal purpose of possession"? The key to overcoming these difficult problems lies in the fact that the procurator undertaking the case should quickly break through the barriers of the financial profession and find the breakthrough point for identifying the criminal suspects who committed the crime of illegal fund-raising.
Weng Liangyong, the prosecutor in charge of the case and deputy director of the Fourth Procuratorate Department of the Nanjing Municipal Procuratorate, uncovered the truth of the crime hidden under the cloak of "compliant" private equity funds by analyzing and reviewing the whole process of private equity fund raising, investment, management, and exit. Weng Liangyong conducted a penetrating review and audit of the flow of funds involved in the case, the source of income distribution, the operating conditions of the project company, and the use of funds, and finally comprehensively ascertained all the facts of Zhang Yeqiang and others using the registered private equity funds to commit the crime of illegal fundraising. In June 2019, the procuratorate prosecuted Zhang Yeqiang and three other defendants on suspicion of fundraising fraud, and the court adopted the procuratorate's sentencing recommendations after a trial. In May 2023, the case was selected as the 44th batch of Guiding Cases by the Supreme People's Procuratorate.
"At present, the new types of financial crimes are becoming more and more hidden, and the difficulty of handling cases is also increasing. This case constructs an evidence-centered criminal accusation system, accurately charges crimes, and provides us with strong guidance for handling such cases. Fu Qiang, deputy director of the Fourth Procuratorate Department of the Suzhou Municipal Procuratorate, said.
It is understood that in recent years, the Nanjing Municipal Procuratorate has successively handled the case of "spicy pen ball" infringing on the reputation and honor of heroes and martyrs, the case of Zhong Moumou and six others covering up and concealing criminal proceeds, and the case of Zeng Mouyan's national judicial assistance. According to statistics, since 2020, the cases handled by the Nanjing Municipal Procuratorate have been selected as 9 Guiding Cases and more than 30 Typical Cases by the Supreme People's Procuratorate.
Breaking through the blocking points of case handling reflects leadership
Guiding Cases are built on the basis of handling every ordinary case well, and at the same time have a negative effect on the handling of ordinary cases, with the goal of "handling every case with high quality and efficiency". The Nanjing Municipal Procuratorate regards the pain points, difficulties and blockages in judicial case handling as the focus of procuratorial supervision, and seeks breakthroughs in supervision and bravely takes responsibility in breakthroughs.
In May 2022, in the process of handling the parole supervision case of convict Zou XX, the Zhongshan District Procuratorate found that the implementation of the provisions of the relevant departments of a certain prison did not comply with the law and judicial interpretations, and should not be used as the basis for handling the case, so it submitted a procuratorial opinion to a prison on Zou XX's application for parole in accordance with the law. The prison adopted the opinion of the Zhongshan District Procuratorate and submitted a request to the Nanjing Intermediate People's Court for Zou Moumou's parole. In August 2022, the Nanjing Intermediate People's Court ruled to release Zou on parole in accordance with the law. After the ruling was issued, after communication with the Zhongshan District Procuratorate, the relevant departments abolished the relevant provisions on the execution of sentences on parole. As a result, the case was selected as the 49th batch of Guiding Cases by the Supreme People's Procuratorate.
Zhou Qian, the prosecutor in charge of the case, told reporters: "It is the significance of handling the case to strengthen the supervision of similar cases through the handling of individual cases, and to promote the judicial-administrative organs to promptly adjust the relevant provisions that do not conform to the provisions of the law and the original intent of the legislation, and to ensure the uniform and correct implementation of the law." ”
"Guiding Cases are like a benchmark, guiding and guiding the direction of case handling, and effectively promoting the overall improvement of the quality and efficiency of procuratorial case handling. The person in charge of the Nanjing Municipal Procuratorate said that the Nanjing Municipal Procuratorate will continue to strengthen the cultivation of cases, summarize the experience of handling cases, refine judicial rules, and improve the quality and efficiency of legal supervision in the performance of duties in accordance with the law.
Source: Procuratorate Daily, News Edition