Strengthen supervision of civil litigation
Respond to the new needs of the people
——Interview with Gao Xin, the second-level chief prosecutor, Secretary of the Party Leadership Group and Procurator General of the Liaoning Provincial Procuratorate
On November 16, 2023, Gao Xin (middle), Secretary of the Party Leadership Group and Procurator General of the Liaoning Provincial Procuratorate, investigated the "Mongolian Zhen Public Welfare Blue" brand studio of the Fuxin Mongolian Autonomous County Procuratorate.
Recently, General Secretary Xi Jinping made important instructions on political and legal work, emphasizing that it is necessary to support and serve Chinese-style modernization with the modernization of political and legal work. In the face of new examination questions, the Liaoning Provincial Procuratorate has clear goals and resolute actions. Prior to this, with the thinking of the new task of promoting the comprehensive revitalization of Liaoning in the new era and the new requirements of striving to promote the modernization of procuratorial work, Gao Xin, the second-level chief prosecutor, Secretary of the Party Group and Procurator General of the Liaoning Provincial Procuratorate, traveled to 16 municipal (branch) procuratorates in the province, solicited the opinions and suggestions of the people's congress deputies, received letters and visits from the masses, and studied and formulated the "2345" annual work ideas and the "Liaoning Provincial Procuratorate Service Guarantee Liaoning Comprehensive Revitalization New Breakthrough Three-year Action Five Major Projects and Fifteen Measures" , and promote the implementation of various important deployments in Liaoning with pragmatic measures.
Recently, Gao Xin, who had just returned from visiting the National People's Congress in Dandong, accepted an exclusive interview with reporters. In the interview, Gao Xin talked about the specific measures and forward-looking thinking on the innovation and development of Liaoning's procuratorial work in the new era and new journey, focusing on the implementation of the spirit of the Central Political and Legal Work Conference and the National Conference of Procurators General.
Reporter: The National Conference of Procurators General stressed the need to continue to implement the basic value of "handling every case with high quality and efficiency". What is your understanding of this, and how can we do a good job of implementing it?
Sun Art: Ideas are the precursor to action. The Supreme People's Procuratorate's Party Group proposed that "handling every case with high quality and efficiency" is an inevitable choice made by legal supervision in the new era and new journey in the face of the new situation, and is the key to practicing the supremacy of the people and answering the procuratorial questionnaire to safeguard fairness and justice. In order to better serve the overall situation, serve the people's justice, and take responsibility for the rule of law in the new era and new journey, procuratorial work must strengthen the political attributes of procuratorial organs, highlight the people's nature of legal supervision work, base themselves on the basic positioning of legal supervision work, grasp key links, make good use of supervision methods, and innovate ways of performing duties, and strive to achieve the organic unity of case handling quality, efficiency, and effectiveness.
The broadest and deepest foundation for comprehensively governing the country according to law is the people. General Secretary Xi Jinping stressed that civil cases are most directly and closely related to the rights and interests of the people. It is necessary to strengthen civil procuratorial work and strengthen supervision over judicial activities.
Since 2020, the number of petitions involving civil cases in Liaoning Province has accounted for about 70% of the total number of petitions involving law and litigation. The field of civil litigation is currently an area in which the problems discovered in the investigation and handling of cases of job-related crimes committed by judicial personnel are relatively concentrated, and it is also an area in which the masses of the people have a very strong reaction. In 2023, in the investigation and handling of a case of duty-related crimes committed by judicial personnel, we extended the discovery and supervision of more than 70 cases of civil and administrative false lawsuits. In addition, unlike criminal cases, civil litigation implements the principle of "who asserts and who presents evidence", and the lack of evidence ability of one party is likely to affect the realization of fairness and justice, and in civil litigation cases, the judge's discretion is relatively large. To this end, we have made great efforts to strengthen legal supervision in the field of civil litigation, taking "letting the people feel fairness and justice in every judicial case" as a concrete embodiment of firmly supporting the "two establishments" and resolutely achieving the "two safeguards", and taking "strengthening the supervision of civil litigation and responding to the new judicial needs of the people in a timely manner" as a powerful starting point for implementing the concept of high-quality and efficient case-handling, constantly improving the civil procuratorial supervision system, and providing high-quality and qualified procuratorial products for the whole society in a timely and efficient manner.
Reporter: The Liaoning Provincial Procuratorate takes "strengthening the supervision of civil litigation and responding to the new judicial needs of the people in a timely manner" as the starting point for practicing the supremacy of the people and implementing the principle of "handling every case with high quality and efficiency".
Gao Xin: The Liaoning Provincial Procuratorate adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implements Xi Jinping Thought on the Rule of Law, takes mechanism construction as the guide, precise supervision as the guide, and special activities as the starting point, and actively performs its duties around the "great man of the country", "the important plan of the province" and "the concerns of the people", and handles a number of typical cases of civil procuratorial supervision with the value of correction, innovation, progress, and leadership in the concept of the rule of law and judicial activities, so as to realize the positive interaction between civil prosecution and civil trial. In particular, we have paid attention to the combination of individual case supervision and supervision of similar cases, continued to strengthen the supervision of violations in civil trials, civil enforcement, and false litigation, and diligently done a good job in civil procuratorial support for prosecution and civil procuratorial reconciliation, and achieved remarkable results.
In the meantime, we will work with the Provincial High People's Court, the Provincial Public Security Department, and the Provincial Department of Justice to jointly issue the "Several Opinions on the Prevention and Investigation of False Lawsuits" to vigorously prevent and investigate false lawsuits, and initially form a "Liaoning model" for the prevention and investigation of false lawsuits, which is "the integration of politics and business, the unity of integrity and innovation, the integration of case correction and investigation, and the simultaneous advancement of supervision and governance". In 2023, the Liaoning Provincial Procuratorate handled 364 civil supervision cases involving false litigation, including the "9.8" series of false litigation cases involving housing sales contracts, which is three times the number of cases handled in the same period in 2022, and raised 94 protests, 104 procuratorial suggestions for retrial, and 52 procuratorial suggestions. Signed the "Opinions on Establishing a Joint Coordination Mechanism for Guaranteeing the Payment of Migrant Workers' Wages" with the Provincial Department of Human Resources and Social Security, continued to promote civil procuratorial support for prosecution, and formed a composite case-handling model of "support for prosecution + judicial assistance + legal aid + diversified dispute resolution + social governance", and strive to safeguard the legitimate rights and interests of vulnerable groups. Signed the "Implementation Opinions on Further Strengthening Legal Supervision of Civil Enforcement Activities (Trial)" with the Provincial High People's Court, and carried out special activities for civil enforcement supervision, focusing on supervising the courts' negative enforcement, selective enforcement, improper performance of duties, and substitution of enforcement for trial. At the same time, we have also strengthened the civil prosecution reconciliation work, and carried out the civil prosecution "intimate mediation demonstration post" and "Fengqiao experience inheritor" in the province, so as to implement the "Fengqiao experience" in the new era. In 2023, the province's procuratorial organs will facilitate a total of 465 civil prosecution settlement cases, involving more than 5,500 yuan.
Reporter: In the face of the new expectations of the people to achieve fairness and justice on a wider scale and to a greater extent, what specific actions will the Liaoning Provincial Procuratorate take to further strengthen the civil procuratorial work?
Gao Xin: While listening to and understanding the people's new expectations for fairness and justice, we also learned that the Liaoning Provincial Procuratorate still has shortcomings and deficiencies in the civil supervision case handling mechanism, case handling scale, digital empowerment, etc., and we need to take advantage of the momentum to benchmark the spirit of General Secretary Xi Jinping's important instructions on political and legal work, and in accordance with the latest deployment of the National Conference of Procurators General, we will devote more energy and greater efforts to continue to do a good job in relevant work, and respond to the new expectations and new requirements of the people.
Highlight the advantages of "integration" in the supervision model, and promote the performance of duties in accordance with the law. Grasp the front-end of "case evaluation", carry out case review, evaluation, and verification of problem clues on a regular basis, implement systems such as case file access, investigation and verification in an integrated manner, and promote the substantiation of procuratorial review, so that the people have something to call for and we have something to respond to; grasp the key of "investigating people and correcting cases", improve the construction of a two-way integrated case-handling mechanism with the investigation departments for crimes abusing public office, dig deep into the clues of cases hidden behind judicial injustice, trace the root causes, and correct deviations in accordance with the law; and do a good job of "follow-up supervision" This is the focus of continuing to follow up and supervise civil cases that are truly erroneous, grasping the mechanisms of "supervising the release of cases" and "notification of typical cases", deepening the supervision of similar cases, and standardizing the exercise of discretionary power.
Make up for shortcomings and weaknesses in professional construction, promote the refinement of supervision procedures, the rationalization of the scale of case handling, the long-term effect of data empowerment, and the professionalization of team building, and promote the continuous achievement of breakthroughs in civil litigation supervision from individual case supervision to similar case supervision to system governance, so that the quality, efficiency, and effectiveness of case handling are organically unified.
In terms of case-handling methods, follow the "mass line" of judicial work in the new era, strengthen the disclosure of supervision work rules, case processes, and case handling, strengthen judicial safeguards for people's livelihood, adhere to and develop the "Fengqiao experience" in the new era, clear channels for redress for the rights of parties, and promote the effective connection between judicial aid and social assistance.
In addition, in 2024, we will comprehensively launch the project of "receiving hundreds of thousands of petitions from the masses" in the procuratorial organs of the province, that is, the chief procurator of the provincial court will receive at least 100 face-to-face visits to the masses every year, the chief procurators of all municipal (branch) courts and grassroots courts will receive at least 1,000 visits per year, and the leading groups of procuratorates at all levels in the province will receive at least 10,000 visits per year, so as to ensure that every person has a place to reason, a way to litigate, and a protection of rights and interests.
(Source: Procuratorate Daily, Important News Edition Author: Zhang Yuhong, Dou Xiaofeng, Du Miaolin, Wang Xiaodong)