In the first quarter of 2024, in the process of comprehensively promoting the modernization of procuratorial work in the new era and new journey, what changes have been made in the quality and efficiency of procuratorial work, what kind of economic and social security conditions do the operational data reflect, and what are the new characteristics? On April 26, the Supreme People's Procuratorate released to the public the data on the main cases handled by procuratorial organs across the country from January to March 2024, and the person in charge of the Supreme People's Procuratorate Case Management Office answered questions from reporters on relevant issues.
Reporter: 2024 is the 75th anniversary of the founding of the People's Republic of China and a crucial year for realizing the goals and tasks of the 14th Five-Year Plan.
The person in charge of the case management office: The national procuratorial organs adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implement Xi Jinping Thought on the Rule of Law, fully implement the spirit of the 20th National Congress of the Communist Party of China, focus on legal supervision, continue to establish a correct view of political performance, persist in handling every case with high quality and efficiency, and earnestly integrate the "three goodnesses" into the entire process of procuratorial case handling and throughout all aspects of legal supervision, promote the comprehensive, coordinated and full development of the "four major procuratorates", and achieve new results in all aspects of work.
First, criminal prosecutions have effectively maintained a high level of security. Procuratorial organs across the country punished crimes in accordance with the law, approving the arrest of 168,000 people and prosecuting 347,000 people, an increase of 37.1 percent and 8.9 percent respectively year-on-year. Promote the establishment of an evidence-centered criminal accusation system, accurately grasp the substantive legal relationship, and truly achieve "based on facts", not approving the arrest of 41,000 people and not prosecuting more than 9,700 people in accordance with the law where the evidence is insufficient or does not constitute a crime, an increase of 3.8 percent and 13.1 percent respectively year-on-year; We have deepened supervision over criminal case filing, investigation, and trial, promoted the substantial, standardized, and systematic operation of the Office of Investigation and Supervision Cooperation, carried out 32,000 case filing and supervision, corrected more than 2,800 missed arrests and 13,000 missed prosecutions, submitted corrective opinions on 80,000 cases of illegal investigation activities, and raised more than 1,400 protests against criminal judgments that were found to be truly wrong, with a court acceptance rate of 75.7 percent.
Second, civil procuratorial supervision has become more effective. Civil procuratorial departments pay attention to the unity of quality and quantity of supervision, maintain a reasonable increase in "quantity", promote the effective improvement of "quality", and enhance the effectiveness of supervision. 20,000 cases of supervision of effective civil judgments were handled, an increase of 7.1 percent year-on-year; the Supreme People's Court and the Supreme People's Court promoted the implementation of the "Opinions on Several Issues Concerning the Standardized Handling of Cases with Procuratorial Suggestions for Civil Retrial", putting forward more than 1,900 procuratorial suggestions for retrial, an increase of 11.9 percent year-on-year, and more than 2,000 cases were changed after the court ruled on retrial, an increase of 1.1 times year-on-year, effectively improving the timeliness and effectiveness of supervision. The level of supervision of violations in civil trial activities has been deepened, the supervision has become more substantial, and more than 6,600 procuratorial suggestions have been submitted. Focusing on the key links in the current enforcement procedures and prominent issues that the public has strongly resented, continue to strengthen supervision of civil enforcement activities, and put forward more than 8,200 supervisory opinions on violations of civil enforcement activities, including 2,000 cases of violations of civil enforcement review such as the termination of enforcement violations, and more than 1,900 cases of violations of civil enforcement sanctions such as recording illegal credit measures, so as to achieve fairness and justice in the organic unity of law and reason.
Third, administrative procuratorial supervision has become more effective. Administrative procuratorial departments have adhered to the "two-wheel drive" of intra-litigation supervision and extra-litigation supervision, increased the intensity of supervision, and improved the quality and efficiency of supervision. 14,000 administrative litigation supervision cases were handled, more than 6,600 supervisory opinions were submitted, and 74.1 percent and 92.1 percent of the procuratorial suggestions for procuratorial counter-appeals and retrials were changed by the courts, respectively, and more than 5,700 procuratorial suggestions were submitted for violations of administrative adjudication and enforcement activities, with the adoption rate of procuratorial suggestions reaching 78.2 percent. Steadily and orderly advance the supervision of administrative violations, putting forward procuratorial suggestions on more than 3,200 cases of illegal acts of administrative organs discovered in the performance of legal supervision duties, promoting the organic connection between administrative law enforcement and criminal justice, and handling 49,000 cases of reverse connection between executions, effectively avoiding "no punishment without punishment".
Fourth, public interest litigation is more precise and standardized in protecting the public interest. Firmly establish a priority orientation for quality and efficiency, focusing on continuously improving the accuracy and standardization of case handling through justiciability. 31,000 public interest litigation cases were filed and handled, including 27,000 administrative public interest lawsuits and more than 3,600 civil public interest lawsuits. It has handled 19,000 cases in traditional fields, including 12,000 in the field of ecological environment and resource protection, and more than 5,100 in the field of food and drug safety; focused on handling more than 8,000 cases in new statutory fields, including more than 3,900 cases in production safety and more than 1,700 cases in the protection of minors; actively and steadily handled more than 4,100 cases in other new fields, including more than 1,600 cases in the field of public safety and more than 800 cases in the field of cultural relics and cultural heritage protection; Standardize case handling and increase the quality and efficiency of public interest litigation. For problems that cannot be solved by procuratorial suggestions, we insisted on the confirmation of "litigation" to reflect the judicial value of guidance, prosecuting more than 1,600 cases, including more than 80 administrative public interest lawsuits, and the court's support rate after filing a lawsuit was 99.6%, effectively promoting the rectification and resolution of a number of "old and difficult" problems.
Reporter: The resolution of the second session of the 14th National People's Congress on the work report of the Supreme People's Procuratorate clearly requires "strengthening the construction of a law-based business environment", and the special action of "procuratorial protection of enterprises" in the first quarter is being carried out in the procuratorial organs across the country.
Person in charge of the case management office: The rule of law is the best business environment. There is no such thing as the best business environment, only a better one. Procuratorial organs across the country have conscientiously implemented the resolution of the Second Session of the 14th National People's Congress on the work report of the Supreme People's Procuratorate, insisted on performing their duties in an integrated manner, comprehensively performing their duties, and actively performing their duties, and played a good role in the "combination of procuratorial protection and enterprise protection", and the results of serving and developing new quality productivity have begun to appear.
The first is to crack down on crime and protect the legitimate rights and interests of enterprises. Severely punished crimes that undermined fair competition, prosecuting more than 8,900 people for the crime of disrupting market order, an increase of 47.4% year-on-year, especially for crimes such as false advertising, collusive bidding, and forced transactions, and continued to intensify the crackdown, with the number of prosecutions increasing by 57.5% year-on-year. Intensify the punishment of internal corruption crimes in private enterprises, strictly implement the "Criminal Law Amendment (12)" and the "Opinions on Punishing and Preventing Crimes of Internal Personnel of Private Enterprises Infringing on the Legitimate Rights and Interests of Private Enterprises in accordance with the Law and Creating a Good Legal Environment for the Development of the Private Economy", prosecuting more than 2,000 people for crimes involving enterprises such as embezzlement and misappropriation of funds, an increase of 43.4% year-on-year, and increasing the punishment of crimes of infringement of corporate interests by personnel in key positions in private enterprises, so as to better respond to the demands of private enterprises. Strengthened the protection of intellectual property rights of enterprises, prosecuted more than 3,700 people for intellectual property infringement crimes, an increase of 31.5 percent year-on-year, including 20 people prosecuted for trade secret infringement, and achieved self-reliance and self-reliance in high-level science and technology through procuratorial performance of duties.
The second is to strengthen legal supervision and optimize the legal environment for the development of private enterprises. Resolutely correct law enforcement and judicial conduct that undermines the business environment based on the rule of law, and use the rule of law to stabilize social expectations and boost market confidence. We have carried out regular clean-up work on the "pending cases" of enterprises that have neither advanced litigation procedures in accordance with the law nor withdrawn cases in a timely manner in accordance with the law, and have withdrawn more than 80 cases of supervision that have affected the development of the non-public economy; strengthened supervision over the investigation of economic crimes involving enterprises, and corrected more than 1,500 cases of illegal investigation activities in cases of undermining the order of the socialist market economy. We have strengthened the civil and administrative procuratorial work involving enterprises, put forward supervision opinions on more than 400 cases of civil adjudication and supervision of non-public economic judgments, an increase of 26.3 percent year-on-year, and maintained the order of the market economy in accordance with the law; handled more than 1,000 administrative litigation supervision cases involving administrative punishments related to enterprises, strengthened the supervision of administrative violations of supervision and law enforcement such as "small and excessive heavy fines" and "improper punishments" related to enterprises, and equally protected the property rights of enterprises and the legitimate rights and interests of entrepreneurs in accordance with the law.
The third is to uphold the spirit of the rule of law and achieve fairness and justice through good law and good governance. Protect the property rights of private enterprises in accordance with the law, strengthen supervision of cases involving enterprises and civil and criminal cases, strictly distinguish between crimes and non-crimes, prevent and correct the use of criminal means to meddle in economic disputes, and do not approve the arrest of more than 8,000 people and not prosecute more than 2,400 people in accordance with the law for insufficient evidence of economic crimes. We have deepened the special supervision of malicious litigation of intellectual property rights, put forward more than 250 supervision opinions, served high-level scientific and technological self-reliance and self-improvement, and promoted the accelerated development of new quality productivity. Actively and steadily advance the compliance reform of enterprises involved in cases, promote the compliance and law-abiding operation of private enterprises, handle more than 520 compliance cases, and make non-prosecution decisions in accordance with law for more than 680 enterprises and more than 780 people who have rectified and complied with them, and guide private enterprises in compliance management and standardized operations.
Reporter: There is no end to practicing the supremacy of the people and doing practical procuratorial work for the people. When the special action of "prosecuting and protecting the people's livelihood" launched by the procuratorial organs this year is underway, what kind of work has been carried out in the first quarter in terms of handling the procuratorial work for the people with heart and affection?
In order to deeply practice the fundamental purpose of justice for the people, the procuratorial organs across the country take meeting the people's growing needs for a better life as the starting point and end point, and continue to make the procuratorial work for the people that the people can feel, experience, and benefit, and strengthen the political foundation of the party's governance.
The first is to earnestly handle the cases around the people, and use the "strength" of the procuratorate to improve the "temperature" of people's livelihood. Focus on key groups, strengthen judicial protection, and let the fair judiciary resonate with the "scale" in the hearts of the people. It has further strengthened the protection of the rights and interests of workers, especially those in flexible employment and new forms of employment, prosecuted more than 200 people for the crime of refusing to pay labor remuneration, severely cracked down on malicious wage arrears, and supported the prosecution of more than 7,400 civil cases of labor disputes and personnel disputes with a view to safeguarding the rights and interests of workers, so as to protect the "most beautiful people". We have implemented measures to supervise elderly care services, approved the arrest of more than 4,200 people involved in cases of infringement of the elderly, and prosecuted more than 9,200 people, including more than 880 cases involving pension fraud, and filed and handled more than 90 public interest litigation cases to protect the legitimate rights and interests of the elderly, so as to protect the most beautiful "sunset red" with the performance of procuratorial duties. Increase the extent of security protections for citizens' personal information. More than 1,400 people have been prosecuted for infringing on citizens' personal information, more than 800 public interest litigation cases have been filed and handled, and more than 400 civil judgment supervision cases involving personality rights have been handled, including more than 50 cases of reputation rights, to promote the security of citizens' personal information through judicial protection.
The second is to protect the safety of the masses and make the people's sense of security more substantial and secure. Production safety is related to the well-being of the people and the overall situation of economic and social development, and the procuratorial organs have actively participated in the rectification of production safety, prosecuting more than 1,000 people for production safety crimes, and handling more than 3,900 public interest litigation cases in the field of production safety, ensuring the safety of people's lives and property. Punish telecommunications network fraud and other cybercrimes that the people hate in accordance with the law, and prosecute 53,000 people.
The third is to adhere to and develop the "Fengqiao experience" in the new era, and solidly promote the legalization of procuratorial petition work. Efforts were made to promote the resolution of contradictions between petitions involving the procuratorate, with the leaders of grass-roots courts handling more than 4,500 petition cases, an increase of 9.6 percent year-on-year, and the chief procurator received more than 8,400 petitions from the masses, an increase of 19.2 percent year-on-year, and the effective resolution rate increased year-on-year. Continuing to strengthen the management of the source of petition conflicts and the resolution of backlog cases, more than 5,500 petition cases were held procuratorial hearings, an increase of 3.2% year-on-year, and the effective resolution rate was 75.1%, and the effect of resolving conflicts in a timely and on-the-spot manner was remarkable. Deeply advance judicial aid efforts and deepen the protection of the rights and interests of special groups. More than 9,100 yuan of judicial aid funds were distributed to more than 9,500 people, including more than 5,300 special groups such as retired soldiers, military families, minors, and the disabled, to protect the rights and interests of vulnerable groups in the performance of procuratorial duties.
Reporter: Building a quality power is an important measure to promote high-quality development, promote the mainland's economy from large to strong, and meet the needs of the people for a better life. How do procuratorial organs actively perform their legal supervision duties and escort the construction of a "quality power"?
The person in charge of the case management office: Quality is an important guarantee for human production and life. The procuratorial organs take the rule of law service to ensure high-quality development and high-level safety as the starting point, dig deep into the source of raw materials and the production and sales chain, recite the "mantra" of quality standards, promote the comprehensive construction of a strong line of defense for commodity quality and safety, and help build a "quality power".
The first is to resolutely build a solid bottom line and severely punish crimes that infringe on the rights and interests of consumers. Without universal health, there will be no well-off for all. The procuratorial organs conscientiously implement the requirements of General Secretary Xi Jinping's "most rigorous standards, the strictest supervision, the most severe punishment, and the most serious accountability", strictly crack down on food and drug crimes, and safeguard the lives and health of the people. A total of more than 1,500 food and drug crime cases were prosecuted, and more than 3,000 people were prosecuted. The procuratorial organs focused on the illegal and criminal production and sale of counterfeit and shoddy goods that are closely related to the people's lives in new forms and new fields such as takeaway chaos, online marketing, and live streaming, and prosecuted more than 4,400 people in more than 2,100 cases, an increase of 4.1% and 17.8% respectively year-on-year. Performing intellectual property procuratorial functions in accordance with the law, optimizing and improving product quality, prosecuting more than 3,700 people for more than 1,700 cases of intellectual property infringement crimes, carrying out "one case and four investigations" for intellectual property infringement cases, with a comprehensive application rate of 17.9%, steadily exploring the protection of consumer rights and interests in the field of intellectual property rights, further reducing the cost of protecting the people's rights and improving the efficiency of rights protection.
The second is to improve the construction of mechanisms and enhance the joint force of crackdowns. In-depth investigation and verification of clues in cases such as the crime of producing and selling counterfeit and shoddy goods, and supervising the filing of more than 170 cases. Promote the establishment and improvement of work methods for the connection between the quality and safety of agricultural products, market supervision, administrative law enforcement, and criminal justice, recommending that administrative law enforcement departments transfer more than 120 leads on suspected crimes, and more than 180 procuratorial opinions on administrative punishments for those who are not prosecuted. Intensified the crackdown on the upstream and downstream of the criminal chain, arrested more than 40 people, prosecuted 250 co-defendants who were omitted, and prosecuted more than 30 people for omitted crimes. More than 5,100 public interest lawsuits in the field of food and drug safety have been filed, and more than 1,100 kilograms of problematic food and more than 30 kinds of drugs have been recalled, so as to minimize the harm and risk of counterfeit and shoddy goods to the people's life, health and property safety.
The third is to strengthen the governance of the source of litigation and continuously lead the optimization of the consumption environment. In response to the phenomenon that some "store visit videos" with the nature of Internet advertisements exaggerate publicity and mislead consumers, the procuratorial organs actively perform their duties, file and handle administrative public interest litigation cases, and lawfully formulate and issue procuratorial recommendations to the administrative supervision departments to urge them to perform their duties in accordance with the law, so as to "navigate" the healthy development of emerging advertising formats and "escort" consumers' right to know. In the first quarter of this year, the procuratorate handled more than 190 public interest litigation cases in the field of consumer rights and interests protection, such as the case of Dong Moumou and three others who sold toxic and harmful food criminal attached civil public interest litigation handled by the People's Procuratorate of Xixiu District, Anshun City, Guizhou Province.
Reporter: Minors are the sustenance of hundreds of millions of families and the hope of the country and the nation. How do procuratorial organs embody procuratorial responsibility and convey procuratorial warmth in the systematic project of protecting minors?
The person in charge of the case management office: The party group of the Supreme People's Procuratorate emphasized that it is necessary to have a comprehensive and accurate understanding of the work on the protection of minors, and to not only severely crack down on crimes against minors, but also attach great importance to the prevention and management of juvenile crimes. Prevention is protection, and treatment is also rescue. All levels of procuratorate are to fully implement the requirements of the Supreme People's Procuratorate, continue to deepen the comprehensive judicial protection of minors, promote the coordinated efforts of the "six major protections", ensure that issues involving minors are managed, managed, and managed in the long run, and truly serve as "rule of law escorts" for youth.
The first is to crack down on crime and strengthen the two-way protection of minors. Adhere to the principles of education, reform, and rescue, handle cases involving juvenile crimes in accordance with law, and put "protection, education, and control" in place. Crimes against minors were severely punished in accordance with the law, with a total of 16,000 people prosecuted for crimes against minors, and more than 2,100 people prosecuted for crimes against minors by means of telecommunications networks. Giving full play to the role of punishment and prevention, a total of 12,000 juvenile offenders were prosecuted, and the prosecution of three juvenile suspects in the case of the murder of junior high school students in Handan, Hebei Province was approved in accordance with the law;
The second is to persist in making concerted efforts to deepen comprehensive judicial protections for juveniles. Procuratorates are to thoroughly implement mechanisms for juvenile procurators to perform their duties in an integrated manner, comprehensively perform their duties, and actively perform their duties, persisting in "multiple investigations in one case" to preserve the lawful rights and interests of minors to the greatest extent. It has handled more than 1,000 civil support prosecution cases involving minors, drafted and issued "supervision and guardianship orders" for more than 6,500 people, comprehensively and systematically reviewed clues in various judicial cases that have violated or faced risks to the public interests of minors, handled more than 1,900 public interest litigation cases for the protection of minors, and supervised the filing (withdrawal) of more than 800 criminal cases.
The third is to implement special procedures and strengthen special protections for minors. Persist in integrating special efforts on the judicial protection of juveniles into the entire process of procuratorial work, and carry out all-round rescue efforts through psychological counseling, assistance and education, and loving funding. A total of more than 1,600 cases of judicial assistance were carried out for juveniles, and more than 1,900 yuan in relief funds were distributed, effectively helping them get out of the shadows as soon as possible, get out of their predicaments, and return to their normal study and living conditions; more than 290 cases of social assistance, including assistance in carrying out more than 80 life placements and providing temporary care for more than 30 people; more than 5.6 million general prevention efforts and more than 3,000 legal lecture tours, to improve the effectiveness of the protection of minors' rights and interests.
[Source: Procuratorate Daily Reporter: Chang Luqian]