Shang Quan recommends丨Tan Chen, Xie Feng: handle every "temporary leave reduction" supervision case with high quality and efficiency

Adhere to the problem-oriented approach and actively perform duties in accordance with the law

Handle every "temporary leave reduction" supervision case with high quality and efficiency

Tan Chen, Xie Feng

□Commutation, parole, and temporary service of sentence outside of prison are important systems for the modification and enforcement of criminal punishments in mainland China, which play an important role in realizing the function of criminal punishment and promoting the reform of criminals. To handle every case of "temporary leave reduction" supervision with high quality and efficiency, it is necessary to conduct a substantive review at the substantive level to ensure that fairness and justice are realized, to make fairness and justice better and faster in terms of procedures, and to make fairness and justice feel, feel, and feel fairness and justice in terms of effect, so as to achieve the organic unity of case handling quality, efficiency, and effectiveness. Handling every "temporary leave reduction" case with high quality and efficiency requires a comprehensive upgrade of the case-handling concept, mechanism, and capacity, as well as deepening the digital procuratorial strategy, driven by big data, and ensuring high-quality and efficient case handling through public hearings.

　　The enforcement of criminal punishments is the "last mile" of criminal proceedings, and the fair handling of cases of commutation, parole, and temporary service of sentence outside of prison has a bearing on the fairness and impartiality of the enforcement of criminal punishments and the public's feelings about judicial fairness and justice. The "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era" clearly stipulates that the mechanism for simultaneous supervision of the implementation of criminal punishment modifications should be improved, and the illegal commutation, parole, and temporary service of sentence outside of prison should be effectively prevented and corrected. Procuratorial organs should conduct substantive reviews on the substance to ensure that fairness and justice are realized, to make fairness and justice better and faster in terms of procedures, and to make fairness and justice feel, feel, and feel fairness and justice in terms of effect, so that the quality, efficiency, and effectiveness of case handling are organically unified.

　　The connotation and requirements of each "temporary leave reduction" supervision case should be handled with high quality and efficiency

　　Commutation, parole, and temporary service of sentence outside of prison are important systems for the modification of criminal punishment in mainland China, which play an important role in realizing the function of criminal punishment and promoting the reform of criminals. Specifically, commutation and parole are systems for modifying sentences for criminals who have a good attitude of admitting guilt and repentance and performing well in serving their sentences and reforming their sentences;

　　Handle every case of "temporary leave reduction" supervision with high quality and efficiency, requiring procurators to strictly handle cases and accurately handle cases in accordance with the law. From a substantive point of view, procurators should strictly follow the principle of having facts as the basis and the law as the criterion when handling cases of "temporary leave reduction" supervision, and strictly abide by laws and regulations in the review of evidence in individual cases, sorting out legal relationships, and determining facts, so that the facts are clear and the evidence is credible and sufficient. It is necessary to profoundly comprehend the spirit of the rule of law from the provisions of the law, consider the ultimate goal of the law, accurately grasp the substantive legal relationship from the complex cases, coordinate the organic unity of law and reason, and achieve fairness and justice at a higher level. From a procedural point of view, it is necessary to ensure that the handling of cases is regulated in accordance with the law, and that every legal act and decision has a basis, a source, and a standard approach. Procedural safeguards should be put into practice, focusing on supervising whether the process of submitting, reviewing, adjudicating, and adjudicating a case of "temporary leave reduction" complies with the provisions of relevant laws and regulations, such as whether the deliberation is in accordance with the norms, whether the publicity is in accordance with the procedures, etc., so as to fully protect the lawful rights and interests of the parties. It is necessary to emphasize the unity of quality and efficiency, and achieve fairness and justice better and faster. From the perspective of effect, the outcome of case handling should achieve the organic unity of law, reason, and reason, and the organic unity of political, social, and legal effects, so that the people can truly feel fairness and justice, and meet the people's new expectations for the rule of law.

　　The premise of handling every "temporary leave reduction" supervision case with high quality and efficiency is in accordance with the law, and the core is fairness. First of all, it is necessary to adhere to strict law. Make handling cases in accordance with law and supervision in accordance with law the basic compliance of procurators, emphasizing evidence and procedures, and handling cases of "temporary leave reduction" supervision in strict accordance with law and fairly. The Supreme People's Court and the Supreme People's Court and the Ministry of Justice have jointly issued a series of normative documents, such as the "Opinions on Strengthening the Substantive Trial of Commutation and Parole Cases" and the "Guiding Opinions on Promoting the Application of the Parole System in Accordance with Law", providing a system to follow for standardizing the handling of "commutation and parole" supervision cases. Second, insist on a comprehensive review. Comprehensively use methods such as interrogating convicts, questioning witnesses, collecting relevant materials, and hearing the opinions of procurators stationed in prisons to conduct investigations and verifications, comprehensively review convicts' attitudes toward admitting guilt and repentance, performance of sentences, the nature of the crime, specific circumstances, performance of property punishments, and so forth, strictly review all evidentiary materials, persist in placing equal emphasis on subjective and objective reforms, and prevent evaluation scores from being used as the sole basis for commutation or parole. Third, insist on blending leniency with severity. Make a specific analysis of specific cases, and be lenient when it is lenient, and strict when it should be severe. Give full play to the value of the commutation and parole system to encourage convicts to rehabilitate, give full play to the function of criminal punishment, and achieve the goal of criminal punishment. Finally, persist in handling "temporary leave reduction" supervision cases in a way that the people can feel, feel, and feel. Promote justice through openness to win public trust, so that fairness and justice can be felt. In accordance with the law, publicize cases of "temporary leave reduction" supervision, actively accept social supervision, and continuously promote public hearings. Adhere to the law as the basis, convince people with reason, and emotionally understand people, not only to strictly explain the "legal principles" in righteous words, but also to explain the "reason" in a good way, and empathize with the "reasonableness", so that the parties can win or lose clearly and be convinced.

　　The approach to each "temporary leave reduction" supervision case is handled with high quality and efficiency

　　At present, the "temporary reduction of leave" in violation of laws and regulations still exists within a certain range. At the same time, in the handling of commutation cases, there are sometimes problems such as "whether it should be reduced or not" and the implementation of substantive review work is not in place. Therefore, to handle every case of "temporary reduction of leave" with high quality and efficiency, it is necessary to coordinate the relationship between "quality with quantity" and "quantity with quality" in supervising and handling cases, and it is necessary to supervise not only the disorderly acts of "temporary leave reduction" that violate laws and regulations, but also the inaction of "whether it should be reduced or not" and "whether it should be let go."

　　Handling every "temporary leave reduction" supervision case with high quality and efficiency is a systematic project, which requires a comprehensive upgrade of the case-handling concept, mechanism, and ability, as well as the deepening of the digital procuratorial strategy, driven by big data, and ensuring high-quality and efficient case handling through public hearings.

　　(1) To handle every "temporary leave reduction" supervision case with high quality and efficiency, the concept is the guide. First, it is necessary to uphold the judicial concept of objectivity and fairness. When handling cases of "temporary leave reduction" supervision, the relevant evidence should be reviewed objectively and neutrally, with the facts as the basis and the law as the measure, and persist in handling the case in accordance with law and regulations. In this regard, the Shanghai Municipal Procuratorate has specially formulated the "Detailed Rules for the Work of Handling Cases of Commutation, Parole, and Supervision of Temporary Service of Sentence Outside of Prison (for Trial Implementation)", strengthening the requirements for simultaneous supervision and case-based handling, emphasizing evidence-centered, through written review and investigation and verification, objectively and impartially submitting review opinions, strengthening the quality and effectiveness of procuratorial supervision, and maintaining judicial credibility. Second, it is necessary to adhere to the judicial concept of blending leniency with severity. Strictly grasp the conditions for the application of the "temporary commutation of leave" system, and carry out commutation, parole, and temporary service of sentence outside of prison in accordance with the law for convicts who meet the substantive requirements, so that those who should be commuted are commuted and those who should be released are released; Third, we must adhere to the concept of law enforcement and judicial coordination. Procuratorial organs should periodically convene joint meetings with the courts and criminal punishment enforcement organs to eliminate differences in understanding, unify the conditions for the application of commutation and parole, and resolve common problems in the course of handling commutation and parole cases. At present, the four criminal enforcement procuratorates in Shanghai have joined hands with their corresponding intermediate courts and prisons in their jurisdictions to countersign normative documents for the substantive handling of commutation and parole cases, and the municipal procuratorate has also reached a consensus with the municipal high court and the municipal judicial bureau on maximizing the function of criminal punishment and strictly reviewing the evidence of commutation and parole cases, and intends to countersign the normative documents at the municipal level in the near future. Fourth, we must adhere to the concept of using systems to ensure the performance of duties in accordance with the law. Support procuratorial personnel in performing their duties in accordance with the law, truly implement fault-tolerant and protective mechanisms for performing their duties, and "loosen" and reduce the burden on case-handling personnel, eliminating worries about the future. For example, the Political and Legal Committee of the Shanghai Municipal Party Committee attaches great importance to parole work, taking the lead in establishing a joint conference system, researching and formulating normative documents to promote the application of the parole system, and making it clear that where there is no intentional or gross negligence on the part of law enforcement and judicial personnel in handling parole cases, and there is no abuse of power for personal gain, favoritism, or other such circumstances, responsibility cannot be pursued solely on the basis of the consequences of the parole convict committing another crime during or after the probationary period of parole. Use the system to ensure the performance of duties in accordance with the law, so as to promote the application of the parole system in accordance with the law, and reverse the overall low rate of parole application.

　　(2) The mechanism is the support for handling every "temporary leave reduction" supervision case with high quality and efficiency. First, it is necessary to improve the information sharing mechanism for handling cases of "temporary leave reduction" supervision, improve the supervision and coordination mechanisms between procuratorial organs and public security organs, courts, and judicial-administrative organs, strengthen information sharing, and lay the foundation for the fair and efficient handling of "temporary leave reduction" supervision cases. For example, the Huxi District Procuratorate shares information on convicts with prisons within its jurisdiction, explores a "white list" system for parole, and promptly honors judicial rewards for convicts who have a good attitude of admitting guilt and repentance and performing well in prison reform, encouraging convicts to actively reform and return to society as soon as possible, and giving full play to the value and function of the parole system. Second, it is necessary to carry out a solid investigation and verification mechanism, for example, the Sichahe Farm District Procuratorate has established an "eight must-talk" mechanism for commutation cases, and to carry out interviews and investigations in eight situations, such as doubts about the convict's evaluation and self-written materials, multiple reports for commutation, and a relatively large range of commutation reports, so as to prevent written trials from becoming mere formalities. Third, it is necessary to improve the examination and control mechanism, for example, the Hudong District Procuratorate has established a special mechanism for handling major cases, and has refined the separation of complicated and simple supervision cases of "temporary leave reduction" in light of the actual work, and major cases are handled by special personnel on a full-time basis, so as to strengthen the procuratorial supervision of major cases. At the same time, the judicial responsibility system does not mean laissez-faire, and the handling and examination and approval of cases supervised by "temporary leave reduction" should be strictly in accordance with the rules and regulations, and when encountering difficult and complicated cases, a joint meeting of procurators may be convened to discuss and pool their wisdom and efforts to make suggestions and improve the quality of case handling. Fourth, it is necessary to unify judicial standards, especially in the performance of property punishments, to measure to the end with a ruler, and handle similar cases in a similar way, so that they are impartial and consistent. The Shanghai Municipal Procuratorate, the Municipal High People's Court, the Municipal Bureau of Justice, and the Municipal Prison Administration Bureau convened a joint meeting to reach a consensus on issues related to the property judgments involved in criminal judgments in the course of handling commutation and parole cases in the city, and to truly resolve the difficult problem of determining the performance of property penalties in practice. Fifth, it is necessary to improve the case evaluation mechanism, persist in combining the supervision of "temporary leave reduction" with daily supervision and roving procuratorates, and report on cases of low quality and defects through evaluation mechanisms such as annual spot checks, constantly discover and solve deep-seated problems in the work of "temporary leave reduction", and reverse promote case-handling personnel to improve the quality of case handling. For example, the Shanghai procuratorate has played the role of a patrol procuratorate as a sword, and has conducted a review of the results of similar cases in the handling of commutation and parole cases. Make the legality of cases of punishment modification and enforcement submitted by prisons the focus of oversight, and strengthen oversight in areas such as the accuracy of policy grasp, whether substantive requirements are met, and whether evidence materials are standardized. Through roving inspections, it was discovered that some prison convicts were released on parole for a long time without legitimate reasons, that the interval between re-applications was too short after the procuratorial organs submitted an opinion that they did not agree to the modification of enforcement, and that some prisons failed to promptly report to the procuratorial organs and courts the violations of discipline that occurred after the convict's application for commutation but before the court ruled to do so.

　　(3) Ability is the key to handling every "temporary leave reduction" supervision case with high quality and efficiency. It is necessary to strengthen capacity training. Through business competitions, training in the same class, and case handling, a group of pacesetters and business backbones are selected and trained, and training is strengthened. Case guidance should be deepened. Enhance the awareness of discovering and cultivating cases, cultivate and advance them in accordance with the standards of guiding and typical cases, and strive to complete high-quality cases. To improve the ability to handle cases and write cases, the Municipal Procuratorate has set up a "temporary leave reduction" case database, established a case submission and selection mechanism, and actively launched cases with good results and strong guidance for case handling. It is necessary to strengthen theoretical research. Combined with the new situation and new requirements, we should further focus on the basic theory of "temporary leave reduction" and the application of laws and policies, and give full play to the role of theory in guiding practice. Strengthen investigation and research on the substantive review of commutation and parole, and promote the transformation of research results.

　　(4) To handle every "temporary leave reduction" supervision case with high quality and efficiency, big data is the driving force. It is necessary to promote the integration of big data thinking into the "temporary reduction of leave" case handling. Guide criminal enforcement procurators to establish a big data legal supervision thinking of "case handling, supervision of similar cases, and systematic governance", and promote the deepening and practical implementation of big data's empowerment of "temporary leave reduction". It is necessary to build a big data legal supervision information database for "temporary leave reduction". Make full use of the information-based case-handling platform for commutation, parole, and temporary service of sentence outside of prison, to bring about the online handling of all cases, with actual combat effectiveness as the guide, extensive collection, systematic comparison, in-depth investigation, careful screening, and full integration of internal data resources, to establish and complete the city's database related to the supervision of cases of "temporary commutation of leave". It is necessary to build a supervision model for the development and use of big data. Stimulate the endogenous power of procuratorial supervision, develop a supervision model for cases of "temporary leave reduction", dig deep into clues in cases of violations of laws and regulations, such as "temporary leave reduction", "should not be reduced", and "should not be released", so as to improve the efficiency of procuratorial work and the accuracy of supervision.

　　(5) Handle every "temporary leave reduction" supervision case with high quality and efficiency, and the hearing is the guarantee. Deepen the application of procuratorial hearings in supervision cases of "temporary leave reduction". In response to determinations that convicts "are not in danger of committing another crime", whether the convict's illness meets the standards, whether there is a danger to society, and so forth, invite professionals such as deputies to the people's congress, members of the Chinese People's Political Consultative Conference, experts, and scholars to serve as hearing officers, comprehensively examining the convict's criminal situation, performance in prison, physical and psychological conditions, and changes to the post-enforcement supervision requirements, and so forth, to ensure that the "temporary commutation of leave" supervision cases are handled in a standardized manner, so as to promote fairness through openness and further increase judicial credibility. For example, the Jinshan District Procuratorate conducts procuratorial hearings in every case of supervision of temporary service of sentence outside of prison, and makes full use of the "penetrating" investigation and verification and quantitative assessment model to carry out a substantive review of whether the basis for temporary service of sentence outside of prison complies with the provisions of law. For example, the Huxi District Procuratorate has clearly carried out public hearings for all parole cases, selected typical cases in commutation cases for hearings, gradually increased the proportion of hearings applied, and completed and gradually carried out work such as witnesses appearing in court to testify, so as to continuously enhance the conduct of procurators in court to perform their duties and their legal effects. For those who meet both the legally-prescribed requirements for commutation and the legally-prescribed requirements for parole, it is recommended that the criminal punishment enforcement organ give priority to applying parole. By inviting people with specialized knowledge to participate in public hearings, the possibility of offenders recidivizing is analyzed in depth, and the effectiveness of case handling is deepened.

Source: Procuratorate Daily

Author: Tan Chen, Director of the Fifth Procuratorate Department of the Shanghai Municipal People's Procuratorate

Xie Feng is an assistant procurator of the Fifth Procuratorate Department of the Shanghai Municipal People's Procuratorate