The Paper's senior reporter Lin Ping intern Tian Yu
In 2021, the beginning of the "14th Five-Year Plan", a new journey of comprehensively building a modern socialist country has begun. As a legal supervisor, how can the procuratorial organs adapt to the times and carry out self-business innovation? How does the concept of legal supervision in the new era lead judicial practice? How to break the road of reshaping reform of the "four major procuratorates" and "ten major businesses"?
On the eve of the two sessions of the National People's Congress this year, The Paper specially launched a series of interviews with the heads of the Tenth Hall of the Supreme People's Procuratorate, so as to review the history and experience of procuratorial business innovation and present the update and contribution of procuratorial judicial concepts. The guest of honor for this interview is Yuan Ming, director of the Second Procuratorate of the Supreme People's Procuratorate (Major Crimes Procuratorate).
Yuan Ming, director of the Second Procuratorate of the Supreme People's Procuratorate (Major Crimes Procuratorate).
【Talking about "admitting guilt and accepting punishment"】
Continuously expand the scope of application in felony cases, clarifying specific criteria for leniency
The Paper: In December last year, the Second Procuratorate of the Supreme People's Procuratorate organized a trial observation and review activity for the Lao Rongzhi case at the Nanchang Municipal Procuratorate, and held a symposium on the application of the plea leniency system for felony cases and the procuratorial organs' own supplementary investigation work. What is the significance of this arrangement?
Yuanming: From December 21 to 22, 2020, the highly publicized case of Lao Rongzhi's intentional homicide, kidnapping, and robbery was tried in the first instance of the Nanchang Intermediate People's Court in Jiangxi Province. Our department organized the procuratorates of 16 provinces (autonomous regions and municipalities directly under the central government) such as Beijing, Jiangxi, Shanghai, and Shaanxi, and the personnel of the serious crimes procuratorial departments of 11 municipal branches in Jiangxi Province to conduct trial observation and deliberation. The purpose of selecting major and sensitive cases to organize trial observation is a necessary item for the key points of our department's annual work, and the purpose is to turn trial observation into a "case review council," a "work exchange meeting," and a "business promotion meeting," and to continuously improve the ability and level of procurators of serious crimes prosecution departments to review major and sensitive cases and perform their duties in court.
After observing the trial, we organized and held a symposium on the application of the plea leniency system in felony cases and the procuratorial organs' own supplementary investigations. The meeting reported on the "two tasks" carried out by procuratorial organs across the country in 2020. Beijing, Jiangxi and other 6 provinces, Zhejiang and other 3 provinces respectively on the application of the plea leniency system in felony cases and the procuratorial organs themselves supplementary investigation work exchanged speeches, other units made written exchanges, the meeting compiled and printed 9 typical cases. Combined with data and typical cases, everyone made suggestions and suggestions, and provided a large amount of informative first-hand information for the next step of strengthening and improving the "two tasks".
The Paper: What important signals did this symposium send?
Yuanming: In felony cases, the plea leniency system and the procuratorial organs themselves supplement the investigation work, which are also the two key special tasks undertaken by the Second Department. This year, the national felony prosecution department will adhere to the principle of "applying according to law and making full use of the application", continuously expanding the scope of application of felony cases, and focusing on improving the quality of cases and strengthening the effect. Timely convene on-site promotion meetings on the application of the plea system in felony cases, summarizing and promoting experience. Research and formulate guidelines for the plea leniency system in felony cases. With regard to procuratorial organs supplementing their investigation work on their own, it is necessary to strengthen case guidance, which is also the focus of our work this year. This year, our department will also guide the serious crimes procuratorial departments at all levels to conscientiously carry out self-supplementary investigation work, guide the self-collection, improvement, and fixing of case evidence for cases that review and implement the conditions for investigation, and compile and distribute typical cases nationwide in a timely manner.
The Paper: At present, do procuratorial organs face practical difficulties in the application of the leniency system for admitting guilt and accepting punishment in felony cases? What more refinement work is needed?
Yuanming: In October 2020, the Standing Committee of the 13th National People's Congress heard and deliberated the Report of the Supreme People's Procuratorate on the Application of the Plea Leniency System by the People's Procuratorate. The Supreme People's Procuratorate has put forward 28 implementation opinions in ten aspects on the deliberation opinions. We require serious crimes prosecution departments at all levels to actively promote the high-quality application of the plea leniency system in felony cases in light of the actual conditions of their work.
We will refine it in the following areas:
The first is to work accurate sentencing recommendations and improve the level of standardization of sentencing. The local serious crimes procuratorial departments conscientiously study the "Opinions on Several Issues Concerning the Standardization of Sentencing Procedures" and the "Two Supreme People's Procuratorates" and the "Sentencing Guiding Opinions on Common Crimes (Trial Implementation)" jointly issued by the "two supreme courts and three ministries", strengthen communication and coordination with the courts, on this basis, formulate implementation rules for sentencing that conform to the actual conditions in their respective regions, and gradually increase the rate of submission and adoption of sentencing recommendations for determining sentences in felony cases.
The second is to strengthen coordination and cooperation and jointly promote the smooth application of the system. Strengthen communication with public security organs, pay attention to the collection of sentencing evidence, ensure that plea cases are successfully prosecuted within the prescribed time, and let the circulation of plea cases really go on the fast track; strengthen communication with the courts, further clarify the specific standards of "leniency" and the differences in plea leniency at different stages, unify judicial standards, and reduce sentencing differences; strengthen communication and coordination with judicial administrative departments, and promote the resolution of problems such as shortage of duty lawyer resources and insufficient funding guarantees.
The third is to improve the quality of ability and ensure in-depth application. Strengthen operational training and on-the-job training, and carry out education and training in a targeted manner; strengthen case guidance, pay attention to giving play to the exemplary and leading role of typical cases, and provide reference for grass-roots case handling; strengthen theoretical research and practical exploration. Timely discover and summarize new situations, new problems and new experiences in work.
【Talking about "legitimate defense"】
Major and sensitive cases fully explain the law and reason, and eliminate judicial differences
The Paper: Judicial disputes over legitimate defense have attracted much attention from society, and what is the significance of procuratorial organs in handling major and sensitive cases such as the "Jiangsu Kunshan Anti-Homicide Case"?
Yuanming: In handling major sensitive cases such as the "Kunshan Anti-Homicide Case in Jiangsu Province" and the "Laiyuan Anti-Homicide Case in Hebei Province", it is of great significance for the procuratorial organs to proactively respond to the people's concerns and fully interpret the law and reason.
First, by clarifying the formation process and justification of judicial decisions, we will enhance the fairness and transparency of judicial acts, improve judicial credibility and judicial authority, and strive to let the people feel fairness and justice in every judicial case.
The second is to clarify the boundaries of legitimate defense, unify understanding, and eliminate judicial differences. It provides a new example for the handling of similar cases, plays a guiding and guiding role in judicial case handling, changes the judicial tendency of the previous provisions on legitimate defense that dare not be used or are not used well, and calms the people, which is of landmark significance for the protection of citizens' legitimate defense rights.
The third is to lead the correct social value orientation. The value of justice lies not only in fixing points and stopping disputes, but also in leading society to form correct values with vivid cases. While realizing individual justice, the two cases have also popularized the standard of legitimate defense to the whole people. This has enabled the masses to have an intuitive and vivid understanding of legitimate defense, encouraged citizens to exercise their legitimate defense rights in accordance with the law, corrected the improper understanding that defenders in the past could only shrink their hands and feet and be beaten passively, carried forward the positive energy of punishing evil and promoting good, and the judiciary supporting justice, and conveyed to society the value orientation of "justice will never yield to injustice."
【On "Legal Supervision of Death Penalty Review"】
Promote the improvement of legal supervision mechanisms for death penalty review, and increase the intensity of supervision work
The Paper: Around the legal supervision of the death penalty review, what new actions have the procuratorial organs done in the past period of time?
Yuan Ming: In the past period of time, our office has mainly done the following work in the legal supervision of death penalty review.
First, a number of death penalty review and supervision cases have been handled prudently in accordance with the law. Strictly implement the criminal policy of "strictly controlling and prudently applying the death penalty" and the applicable principle of "killing less and killing cautiously and absolutely not killing by mistake", support correct death penalty review decisions, and promptly submit procuratorial opinions or suggestions for some death penalty review cases, to ensure that the death penalty is applied in accordance with law, accuracy, and uniformity.
The second is to meticulously plan and deploy the work plan for legal supervision of the death penalty review. Strengthen problem-oriented research and investigation work, incorporate death penalty review and supervision work into the annual work points and the development plan for procuratorial work during the "14th Five-Year Plan" period, carefully design and systematically deploy short-term plans and medium-term plans for legal supervision of death penalty review, and promote the continuous implementation, detail, and strengthening of death penalty review and supervision work.
The third is to focus on promoting the improvement of the legal supervision mechanism for the review of the death penalty. It has repeatedly consulted and communicated with the Supreme Court, formulated and issued the "Letter on Soliciting Opinions on Relevant Suggestions on Further Strengthening the Legal Supervision of Death Penalty Review", solicited the Opinions of the Supreme Court on issues such as adjusting the scope of cases reported by the court for death penalty review, improved working mechanisms such as case notification, file review, and feedback on results, and built a platform for smooth communication and effective supervision.
The fourth is to pay attention to the guidance and professional training of death penalty cases. Strengthen guidance on the handling of major and complex death penalty cases with high social concern, such as rape and intentional homicide cases in Nanjing, Sun Wenbin in Beijing, and Death Penalty cases with high social concern, such as intentional homicide, kidnapping, and robbery by Lao Rongzhi in Jiangxi, strengthen research on the determination of facts and the application of criminal punishments, and consolidate the evidence base of death penalty review cases from the source. Use the "Serious Crimes Prosecution Practice Lecture Hall" to carry out special training to improve procurators' ability and level in handling death penalty cases.
The Paper: What practical measures have the procuratorial organs taken to supervise the trial activities of death penalty cases?
YuanMing: Procuratorial organs perform their legal supervision duties over trial activities in death penalty cases by handling cases in strict accordance with the law.
The first is to optimize the pattern of legal supervision of death penalty review. The focus of supervision has shifted from the proposed approval of the death penalty to the proposed approval of the death penalty, appropriately adjusting the scope of death penalty review and supervision cases, and bringing the proposed approval of the death penalty with a high degree of social concern and large differences of opinion into the scope of supervision.
The second is to implement a comprehensive case-handling mechanism for reading the case file. All cases of death penalty review and supervision are to be reviewed and reviewed, and the personal experience of handling cases is enhanced.
The third is to improve the way of handling cases. When necessary, employ methods such as reviewing evidence, interrogating defendants or hearing defenders' opinions, consulting specialized agencies on relevant specialized technical issues, or entrusting reviews, to improve the quality of case handling.
The fourth is to strengthen the functions and roles of provincial-level courts. While fully performing the duties of supervision at the same level as the death penalty review, provincial-level procuratorates are proactively performing duties such as submitting supervision to the Supreme People's Procuratorate, reporting major situations, and submitting them for the record, expanding channels for supervision.
Fifth, give full play to the advantages of procuratorial integration. Strengthen the linkage of the work of the Supreme People's Procuratorate, the provincial-level procuratorate, and the districted-city procuratorate, form a joint force of supervision, and fully perform the duties of supervising the trial activities of death penalty cases. The Supreme People's Procuratorate and the provincial-level procuratorate have played a good role in guiding the operations of lower-level procuratorates, and earnestly improved the quality of first- and second-instance death penalty cases. The Supreme People's Procuratorate will report on the evidentiary problems found in the supervision of the death penalty review.
[Talking about "Doubting Guilt From Nothing"]
It is necessary to prevent "diseases" from being arrested and prosecuted, and persistently investigate the truth
The Paper: In practice, in the absence of a "reappearance of the real murderer" and no "return of the deceased", how can the procuratorial organs uphold the judicial concept of "never suspect a crime"?
Yuan Ming: The principle of never having a guilty crime is an important principle of the Criminal Procedure Law, and in the case that the defendant cannot be proved guilty or innocent, the presumption of innocence is of great value to protecting innocence and protecting human rights, and is also an important embodiment of judicial civilization and progress.
In the procuratorial link, the application of the principle of suspected crime is mainly reflected in the procuratorial organs' decisions such as not arresting or prosecuting in accordance with law. Procurator General Zhang Jun has repeatedly stressed the need to firmly establish judicial concepts such as "an objective and fair stance" and "never suspect a crime," so that innocent people can be spared from injustice and those who are guilty can be punished for their crimes.
Procuratorial organs persist in pursuing objectivity and fairness as the value of pursuing, not only doing a good job of prosecuting crimes, such as filing a protest against the intentional homicide case of Chen X and Meng X, who were acquitted by the court in accordance with the law, and also doing a good job of protecting the innocent, such as submitting a not guilty opinion on the intentional homicide case of Zhang Yuhuan in Jiangxi. Compared with Zhao Zuohai's "reappearance of the real murderer" and "return of the deceased", the correction of Zhang Yuhuan's case is a footnote to the rule of law of "doubting the crime is never there", indicating that the basis for correcting unjust, false and wrongly decided cases is insufficient to the evidence of the case itself.
In fact, every application of the principle of "never suspecting a crime" is a "big test" that must be tested in all aspects and is the touchstone for testing the procuratorial organs' case-handling philosophy and ability. In order to promote the transformation of "suspicion of guilt from nothing" to "law on paper" to "law in practice", procuratorial organs will continue to exert efforts from the following three aspects, find a balance between punishing crimes and protecting human rights, and strive to make every case an "iron case" that can withstand the test of law and history.
First, adhere to the rule of law and not be indulgent. Advance strict administration of justice, persist in taking facts as the basis and the law as the yardstick, and strictly control case facts, evidence, procedures, and laws. Adhere to the standard of evidence adjudication, each evidence on which the case is determined should be verified to be true, and a comprehensive review of the evidence in the whole case should also be conducted as a whole. Attach importance to evidence of guilt and seriousness, as well as evidence of innocence and lightness, promptly discover suspected crimes, strictly grasp suspected crimes, and truly prevent cases from being "sick" from being arrested and prosecuted.
The second is to persevere in finding out the truth. After the application of the principle of doubtless guilt, the real murderer has not been arrested, and the pursuit of justice cannot stop there. Procuratorial organs will actively guide investigative organs to collect evidence, carry out supplementary investigation work on their own, and in many ways begin to improve the evidence system, ascertain the truth, arrest the real culprit, uphold justice, respond to the legitimate demands of the victims, make the offender pay the due price, and strive to turn the "suspicious case" into a "clear case".
Third, accept supervision impartially. The application of the principle of doubtless guilt is not only related to whether criminal suspects or defendants need to be pursued for criminal responsibility, but also involves the effective protection of the rights and interests of victims. Procuratorial organs will strengthen the reasoning of legal documents, improve the mechanism for the disclosure of legal documents, take the initiative to accept the supervision of the whole society, promote the suspicion of guilt from ignorance to the hearts of the people, and truly let the people feel fairness and justice in every case.
Editor-in-Charge: Jiang Chenrui