The two-way connection of executions brings win-win and win-win results

Reporter Zhang Hao

On October 11, the Supreme People's Procuratorate issued the Provisions of the Supreme People's Procuratorate on Promoting the Linkage between Administrative Law Enforcement and Criminal Justice (hereinafter referred to as the Provisions), and at the same time released five typical cases of the people's procuratorate's execution linkage work, involving the recovery of wage arrears, food safety, environmental protection and other areas of people's livelihood that are closely related to people's lives, reflecting the win-win and win-win situation brought about by the linkage between executions and two-way articulation.

Yang Chunlei, deputy procurator general of the Supreme People's Procuratorate, Gao Jingfeng, director of the Legal Policy Research Office, Sun Ping, deputy director of the Legislative Affairs Bureau of the Ministry of Public Security, and Xu Zhiqun, deputy director of the Administrative Law Enforcement Coordination and Supervision Bureau of the Ministry of Justice, attended the press conference and answered reporters' questions.

Participate in social governance to resolve contradictions

From December 2017 to the end of 2018, Qi recruited 39 workers, including Chen, to engage in carpentry construction in a certain place in Chikan District, Zhanjiang City, Guangdong Province. After the project was completed, Qi owed more than 2 million yuan in wages to the workers.

After receiving complaints from a number of workers, the Human Resources and Social Security Bureau of Chikan District of Zhanjiang City twice sent a time limit correction instruction to Qi Mou, and Qi Mou refused to sign and pay. In January 2019, when the Chikan District Procuratorate took the initiative to visit the Social Security Bureau, it found clues, and after verification, suggested that the case be transferred to the public security organs for filing and investigation.

After the Social Security Bureau transferred the case to the public security organs and sent copies of relevant materials to the procuratorate, the Chikan District Procuratorate made a decision to approve the arrest of Qi on suspicion of refusing to pay labor remuneration. During the review and prosecution, the procuratorial organ urged Qi to pay most of the wages owed and reached a settlement with 39 victims. The Chikan District Procuratorate initiated a public prosecution against defendant Qi Mou in accordance with law and put forward a recommendation for a lighter sentence, which was adopted by the court.

【Procuratorial Performance of Duties】After the Chikan District Procuratorate discovers clues and urges the administrative law enforcement organs to transfer the case to the public security organs, it intervenes in the investigation and guides the public security organs to investigate and collect evidence. Appoint procurators to carry out legal interpretation and reasoning from the time of approval of the arrest, explain the legal provisions to Qi and his family, help them understand the social harm of the behavior, and inform them that the timely payment of arrears of wages can be given a lighter punishment at the time of sentencing; Patiently persuaded and stabilized the victim's emotions, urged Qi to pay more than 1.78 million yuan in wages before the prosecution, obtained the victim's forgiveness, and resolved the social risk.

【Typical Significance】 Procuratorial organs strengthen communication and exchanges with relevant administrative law enforcement departments, and promptly discover case leads. Patient interpretation of the law and reasoning promotes reconciliation and provides tangible protection of the rights and interests of people in need. Procuratorial organs participate in social governance while handling cases, resolving social contradictions to the greatest extent, and the legal and social effects are good.

Information sharing expands the effectiveness of performing duties

Between 2017 and October 2018, Xiao and others processed crabs of unknown cause of death into crab yellow crab meat for distribution in a refrigeration plant in Xiangcheng District, Suzhou City, Jiangsu Province, without obtaining food production and sales licenses. Later, the crab meat and crab products involved in the case were made into dishes such as "crab yellow shark fin" by a hotel for many consumers to eat. The market supervision department of Xiangcheng District found clues and consulted the procuratorial organs.

After review, the procuratorial organ determined that the case was suspected of being a crime, and suggested that the district market supervision department transfer the case to the public security organ. After the Xiangcheng District Procuratorate made a decision to approve the arrest of the main criminal suspect, it filed a public prosecution against Xiao, Liu and others and filed an attached civil public interest lawsuit.

In February 2019, the court sentenced defendant Xiao and others to fixed-term imprisonment ranging from 1 year and 6 months to criminal detention, and fined them between 90,000 yuan and 2,000 yuan for the crime of producing and selling food that did not meet safety standards; Apply a suspended sentence to some defendants, and prohibit them from engaging in food production, sales, and related activities during the probationary period of probation; At the same time, Xiao and other defendants were sentenced to bear punitive damages of 390,900 yuan and publicly apologized in the national media.

【Procuratorial Performance of Duties】The Xiangcheng District Procuratorate and the district market supervision department have established a coordination mechanism between administrative law enforcement and criminal justice in the field of food and drugs, stipulating that when the market supervision department investigates and handles major and complex cases, it may invite the procuratorial organs to intervene and provide assistance on the research and judgment of clues and the characterization of the case. After receiving the invitation of the district market supervision department for assistance, the Xiangcheng District Procuratorate immediately dispatched the backbone of the case to set up a team of experts, and repeatedly studied and judged the clues with the law enforcement personnel, and after comparing the relevant provisions of the "two supremes" judicial interpretation, it was determined that the act was suspected of food safety crimes. After the public security organs filed and investigated the case, the Xiangcheng District Procuratorate sent personnel to intervene in the investigation and collect evidence. In view of this case, the Xiangcheng District Procuratorate formed a case-handling team composed of the chief procurator, the criminal prosecution department, and the public interest litigation department procurator, with the chief procurator serving as the public prosecutor and the public interest litigation prosecutor attending the first-instance trial, and more than 60 people, including people's congress deputies, members of the Chinese People's Political Consultative Conference, administrative law enforcement organs, and hairy crab farmers, observed the trial. Procurators in court interpret the law and reason on the spot through methods such as presenting evidence, showing evidence, and arguing in court, so as to achieve the effect of "handling one case and educating one piece".

【Typical Significance】Procuratorial organs and relevant administrative law enforcement organs have strengthened cooperation through the establishment of working mechanisms such as information sharing and investigation coordination, ensuring the "safety on the tip of the tongue" of the people. Procuratorial organs combine supervision with support, fully embody the concept of win-win, win-win, and win-win, actively promote the construction of systems in the field of people's livelihood, and further expand the legal and social effects of procuratorial performance.

Professional case handling ensures the quality of cases

Between June and November 2011, defendant Liu Stole Sand and Gravel in a river channel in Shicheng Town, Miyun District, Beijing Without obtaining a permit or professional construction qualifications, and the price of sand and gravel involved in the case was more than 1.27 million yuan, causing serious damage to mineral resources.

In May 2019, the Miyun District People's Procuratorate found clues in its daily work communication with the District Water Bureau. After that, the district water department launched an investigation and invited the procuratorate to provide advice on the characterization of the case. After review, the Miyun District Procuratorate found that Liu's above-mentioned behavior was suspected of being a crime, and suggested that the Miyun Reservoir Management Office and the Reservoir Comprehensive Law Enforcement Brigade transfer the case to the public security organs for filing and investigation. After the case was transferred to the Miyun Public Security Bureau for filing and investigation, the Miyun District Procuratorate filed a public prosecution on suspicion of illegal mining, and the court found Liu guilty of illegal mining in the first instance, sentenced him to 3 years and 3 months in prison, fined him 100,000 yuan, and continued to recover the defendant's illegal gains and confiscated them. The court of second instance rejected Liu's appeal.

【Procuratorial Performance of Duties】The Miyun District Procuratorate and the District Water Affairs Bureau have established a daily communication and contact mechanism, and found case clues in the process of answering questions related to the law enforcement power of illegal mining. The Miyun District Procuratorate designated the ecological environment resources case handling team of the court to undertake the case, and the case-handling personnel launched their own supplementary investigation in accordance with the law during the review and prosecution stage, supplemented and improved more than 20 witness testimonies, and consolidated the evidence in the case, and the above evidence was accepted by the court. Since then, the Miyun District Procuratorate, in light of this case, has put forward suggestions to the District Water Affairs Bureau and other units to improve the approval procedures.

【Typical Significance】The Miyun District Procuratorate and the District Water Affairs Department have established a contact mechanism, paid attention to the discovery of case clues in the consultation process, and urged them to transfer cases to the public security organs, fully reflecting the advantages of the professional case handling model, and at the same time supplementing the investigation according to law to ensure the quality of the case.

Beijing, October 11, 2019