In recent years, the Supreme People's Procuratorate has always attached great importance to the equal protection of private enterprises, and has carried out a centralized "hanging case" clean-up operation on long-pending cases involving private enterprises. How effective is the special clean-up of "hanging cases"? As a procurator, how to balance "heavenly reason, national law, and human feelings" in handling cases? The reporter of this column interviewed Sun Qian, member of the party leading group of the Supreme People's Procuratorate and deputy procurator general.
Adhere to the principle of "less arrest and caution in prosecution and caution in detention"
Create a good business environment
Reporter: What is the progress of the special clean-up work carried out by the Supreme People's Procuratorate on "hanging cases"?
Sun Qian: It is the legal responsibility of procuratorial organs to protect the orderly, safe and healthy development of the economy and society. China's private enterprises have played an important role in both the input and output of GDP, the national taxation, and the solution of employment. However, private enterprises also have many difficulties and face many challenges.
Judicial organs should pay special attention to and equal legal protection for the implementation of policies and laws by private enterprises. For example, if you embezzle state-owned assets, the sentence is heavier, and the same amount is lighter if you embezzle a private enterprise.
In accordance with the duties entrusted by the Constitution and the law, procuratorial organs shall promptly prosecute and punish criminal acts that infringe on the rights and interests of private enterprises through strict law enforcement in terms of equal protection of private enterprises. With regard to the criminal problems involved in the production and operation of private enterprises themselves, the procuratorial organs should, as far as possible, adopt the criminal policy of less arrest, cautious prosecution, and cautious detention in law enforcement, protect private enterprises as much as possible, and avoid the problem of investigating and handling a case and destroying an enterprise.
It is not to not prosecute private enterprises suspected of committing crimes and violating the law, but to minimize the negative impact on enterprises caused by the investigation and handling of cases. Those who can use economic administrative punishment do not use criminal means, those who can be placed under residential surveillance will not be detained or arrested, and those who can be sentenced to a suspended sentence should not be sentenced to a real sentence.
Procuratorial organs should adhere to the principle of "modesty", and when seizing, freezing, and sealing enterprises, they must fully consider the necessity of such legal acts and review the necessity, which cannot be done unless it is very necessary. To conduct in-depth and thorough research and judgment of each specific legal act, to determine how much impact it will have on the development and survival of this enterprise, it is necessary to consider comprehensively and carefully. Letting private enterprises have a sense of security in their personal property and operation is an important part of the procuratorial organs' creation of a good business environment and a rule of law environment.
Reporter: The Supreme People's Procuratorate has proposed a policy of "blending leniency with severity" for private enterprises, how to grasp the degree of "leniency" and "strictness"?
Sun Qian: "Combining leniency with severity" is a policy aimed at serious criminal offenses, such as sweeping away organized crime and eliminating evil. If some enterprises are involved in triad crimes, they must resolutely crack down on and confiscate their property, and such enterprises cannot be allowed to continue to exist. However, in some normal operations, violations of the law caused by weak legal awareness, disregard for the business environment of fair competition and various social influences should be handled gently.
Clean up "hanging cases" involving private enterprises
Solve the chronic disease of justice
Reporter: The special work of cleaning up the "hanging cases" carried out last year has attracted attention from all walks of life. How to go hacking?
Sun Qian: As the name suggests, "hanging up the case" means to "hang" the case there, and not to draw conclusions and not to move forward with litigation. In 2020, the Supreme People's Procuratorate and the Ministry of Public Security jointly carried out the work of clearing up the "hanging cases" of criminal cases involving private enterprises. Most of these cases stay in the investigation, prosecution, and trial links, and neither withdraw the cases nor make legal conclusions.
The reasons for the formation of "hanging cases" are very complicated, some are criminal suspects at large, some are key witnesses and evidence in the case cannot be found, and some are differences in the understanding of facts and laws between relevant law enforcement agencies. When Chief Procurator Zhang Jun, secretary of the party leading group of the Supreme People's Procuratorate, led us to discuss this issue together, he formed an important consensus, no matter what the reason, the most important reason is that the fundamental concept of law enforcement and judicial organs centering on the people is not in place, there is a gap in the spirit of responsibility and the feelings of the people, and the legal level and professional ability to handle difficult and complicated cases need to be improved.
In 2020, China cleared out more than 2,800 criminal "hanging cases" involving private enterprises, handled more than 2,400 cases according to law, and a number of them are being handled.
Reporter: What will be done with these "hanging cases" that have been cleared up?
Sun Qian: Where a case should be withdrawn, those who should be prosecuted or those who do not prosecute should draw conclusions, and those who should urge the people's court to make a judgment and ruling in a timely manner should give full play to the role of trial supervision. Solve the outstanding problems of these enterprises, reduce the impact and troubles caused by the handling of cases to enterprises, and enable enterprises to resume production and operation activities as soon as possible.
Objectively speaking, the "hanging cases" that have been cleared up so far have only achieved initial results, and more in-depth work is needed. In particular, there are still a considerable number of so-called "small cases" and "tail- cases" that occur at the grass-roots level. It is said to be a "small case", but it is a big thing for the people. As legal supervision organs, procuratorial organs must faithfully perform their duties well.
In terms of protecting private enterprises, first, it is necessary to strengthen further supervision over investigative activities and prevent the emergence of new "hanging cases," to enhance their initiative, to hold the threshold of filing a case, and to resolutely refrain from filing a case; second, the procuratorial organs themselves must set strict requirements, raise the level of law enforcement, and make legal decisions on whether to arrest or not to arrest, to prosecute and not to prosecute, and not to leave a legal decision pending; third, to strengthen supervision over trial activities, and to urge the adjudication organs to hold court sessions and make judgments and rulings in a timely manner. Private enterprises should not be allowed to be in litigation for a long time, affecting production and business activities.
In the next step, the Supreme People's Procuratorate will consult with the Supreme People's Court and the Ministry of Public Security to work together to intensify the clean-up of "hanging cases" and strive to solve the stubborn and chronic diseases in judicial activities.
Judicial handling of cases should "respect heaven and reason, abide by the law, and be kind"
Reporter: Whether it is the judicial system, the concept of judicial design, or in the specific process of handling cases, they cannot bypass the six words of "heavenly reason", "national law" and "human feelings". How do you understand these six words? And how to balance?
Sun Qian: "Tianli" appeared in china's ancient philosophy, referring to natural truths, natural laws, and is a kind of moral law that is generally recognized, respected, believed, and maintained by members of society, and generally refers to morality. The "national law" is the law that is enacted, a social rule backed by the coercive power of the state, and all citizens must abide by it. "Human feelings" refers to the feelings between people, mutual understanding, sympathy, pity, etc., are all categories of "human feelings".
In the process of handling cases, we will often encounter such a situation, and some perpetrators act contrary to heaven and nature, but they have not violated the law. Some violate the law, but they are reasonable. As judicial personnel, "Tianli" is the spiritual guide, "national law" is the fundamental basis for law enforcement and case handling, and "human feelings" are the embodiment of professional ethics and professional ethics. In judicial handling, respecting heavenly reason, abiding by the law, and having a kind heart are the qualities that an excellent procurator and an excellent judge should have.
Reporter: You have been engaged in procuratorial work for more than 30 years, how do you feel about the judicial profession?
Sun Qian: Justice is the art of "loyalty, kindness, and fairness." Loyalty is loyalty to the country, loyalty to the party, loyalty to the people, loyalty to the spirit and provisions of the law, loyalty to the law itself. "Kindness" is the soil of all the beautiful feelings of human beings. In handling cases, judicial personnel embody human feelings, which are not favoritism, but also a manifestation of kindness.
In one case of embezzlement, the procuratorate was faced with the consideration of whether to arrest him. The suspect was very resistant to interrogation, had a bad attitude, and refused to cooperate. Later, it was learned that his lover was an elderly mother, and was in the hospital, and the doctor had repeatedly reminded the situation that the situation was very dangerous, warning the family to prepare for the worst, so the person's resistance was very serious. After the grass-roots procurator who handled the case learned about the situation, he did not make a decision to arrest, but made a decision to place him under residential surveillance, allowing the suspect to go back to take care of his lover and successfully completed the caesarean section. The next day, the criminal suspect came to the procuratorate with a privately embezzled 70,000 yuan of public funds, expressing his remorse and willingness to accept all the punishments given to him by the law.
There was another case that also happened to the prosecutor general. The suspect also did not answer the question and remained silent. Later, it was found that his father was critically ill in other places, and he was detained before he could return. Taking this situation into account, the Attorney-General sent two prosecutors to accompany him back to his hometown. Although the suspect's father has died, when he finished taking care of the aftermath, he returned to the procuratorate and was very cooperative afterwards. His lover also took out 30,000 yuan to reimburse the two prosecutors who accompanied him back to his hometown for plane tickets.
Kindness is the embodiment of human nature, giving strength to the judiciary, and educating and influencing people who have committed crimes. Judicial work is to properly handle disputes, properly handle cases, and adopt a resolute attitude to prosecute violent terrorism and triad crimes that endanger the security of the state and society. For ordinary criminal offenses, it is necessary to adopt a prudent and lenient policy, no arrest if there is no arrest, no prosecution if there is no prosecution, as far as possible to reduce the negative factors of society, and there are fewer and fewer crimes, which is the manifestation of a healthier and healthier society.
At the same time, the goal pursued by judicial work is the realization of social fairness and justice, so that every member of society can feel the fairness of society, so that every member of society can feel protection and dignity, so that every member of society can study, work and live in a safe, equal, free and harmonious environment, which is the ideal of judicial work.