Huang Maoxing, deputy to the National People's Congress and dean of the School of Economics of Fujian Normal University
Firmly defend that "the law cannot make concessions to lawlessness"
"In recent years, legitimate defense has become a hot word, which is inseparable from the guidance of typical cases handled by procuratorial organs." Huang Maoxing, deputy to the National People's Congress and dean of the School of Economics of Fujian Normal University, said that through handling a series of legitimate defense cases, the value of the rule of law that "the law cannot bow to the lawless" has been fully demonstrated, and the healthy trend in society has been carried forward.
Deputy Huang Maoxing pointed out that in past judicial practice, to a certain extent, there was a phenomenon of "who can make trouble who is justified" and "who is justified in death and injury." In order to change this situation, in September 2020, the Supreme People's Procuratorate, the Supreme People's Court, and the Ministry of Public Security jointly issued the Guiding Opinions on the Lawful Application of the Legitimate Defense System, which systematically stipulates the relevant issues involved in the application of the legitimate defense system in accordance with the law, further clarifies the legal application of the legitimate defense system, unifies law enforcement standards, and demonstrates the confidence of protecting legitimate defenders and seeing righteousness and courage in accordance with the law. In addition, in order to effectively play the exemplary and leading role of typical cases, in November 2020, the Supreme People's Procuratorate released six typical cases of legitimate defense, no arrest and no prosecution. Among them, typical cases such as "peasant women are raped, strangled to death, and the procuratorate does not prosecute" have aroused widespread concern in public opinion.
"It is precisely the guidance of these judicial practices and typical cases that further clarifies the criteria for determining legitimate defense and reflects the judicial responsibility of procuratorial organs." Deputy Huang Maoxing said.
Zhao Zhao, deputy to the National People's Congress and general manager of Yamin Agriculture and Animal Husbandry Co., Ltd. in Nanyang City, Henan Province
To crack down on crimes that infringe on the honor and honor of heroes and martyrs, it is necessary to treat both the symptoms and the root causes
On March 8, Zhang Jun, chief procurator of the Supreme People's Procuratorate, said in his report on the work of the Supreme People's Procuratorate that the "hot pen ball" of the network maliciously slandered and defamed the heroes and soldiers of the Weiguo Shubian, and the procuratorial organs of Jiangsu Province quickly intervened to apply the Amendment (11) to the Criminal Law, which came into effect on March 1 this year, approved the arrest for the first time on suspicion of infringing on the honor and honor of heroes and martyrs, and carried out a public interest litigation investigation with the support and cooperation of the military procuratorial organs.
"I followed the case for the first time and have been following the development of the situation. The procuratorial organs quickly arrested such crimes and made them pay a heavy legal price, which is not only responsible for heroic martyrs, responsible for the values of the country, but also responsible for the future of the nation. When talking about his views on the "Spicy Pen Ball" case, Zhao Zhao, a deputy to the National People's Congress and general manager of Yamin Agriculture and Animal Husbandry Co., Ltd. in Nanyang City, Henan Province, had a very clear view, and was moved by the "heroic martyrs cannot be denigrated and the law cannot be provoked" mentioned in the report.
"In recent years, cases of insults and slanders against heroic martyrs and advanced exemplary figures have occurred from time to time, and most of the people involved in the crime are highly educated personnel." Deputy Zhao Zhao believes that this shows that there are still weak links in the school's education of students' values. As a procuratorial organ, while cracking down on such crimes quickly and strictly, it is also necessary to strengthen the warning education for students in future rule of law activities on campuses, "Only by treating both the symptoms and the root causes can we curb the occurrence of such crimes from the source." ”
Qi Songyu, deputy to the National People's Congress and an external network maintenance worker of the Technical Department of China FAW Hongqi Factory
Judicial aid has changed from sitting and waiting for the case to be sent to the door to inquire
"Make good use of the national judicial aid system to 'rescue victims and their close relatives who are in difficulty due to criminal infringement and so on', so as to prevent them from returning to poverty due to cases." Rescued 32,000 people and 420 million yuan, up 55.2% and 61.3% year-on-year, respectively. Qi Songyu, a deputy to the National People's Congress and an extranet maintenance worker at the Technical Department of China's FAW Hongqi Factory, said in an interview with the Procuratorial Daily that he was deeply impressed by the numbers in the Report of the Supreme People's Procuratorate.
Deputy Qi Songyu said: Justice is the bottom line of justice and the bottom line of conscience. In recent years, procuratorial organs' judicial aid work has made accurate cases, intervened early in aid, and taken the initiative to extend strongly, practicing the purpose and responsibility of the judiciary for the people, winning very good social results, and enhancing judicial prestige and credibility.
"In the past, it was generally waiting for the applicant to take the initiative to come to the door to do it, but now it has changed, and it is the procurator who takes the initiative to come to the door to help, trying to let the masses run less errands or not, and strive to be able to complete the work for the masses once." Deputy Qi Songyu pointed out that what is warmer than the data is the change in the procuratorial organs from passive rescue to active rescue.
In 2020, procuratorial organs at all levels will further strengthen the awareness of active assistance, and judicial aid work will change from the original "assistance according to application" to "rescue according to authority", from "sitting and waiting to send cases" to "door-to-door cases", especially for parties who have been infringed but cannot obtain effective compensation, procuratorial organs at all levels take the initiative to care and take the initiative to serve, effectively help them get out of their living difficulties, and achieve "rescue should be saved" and timely rescue.
Wu Yongli, deputy to the National People's Congress and chief engineer of the administrative committee of Anhui Fuyang Economic and Technological Development Zone
Praise for the mechanism for the rapid return of assets involved in the case in the field of poverty alleviation
"I am deeply impressed by the mechanism for the rapid return of assets involved in the field of poverty alleviation mentioned in the report according to law. This mechanism consolidates and expands the effective connection between the achievements of poverty alleviation and rural revitalization, and is a model for the judiciary to help alleviate poverty, which praises this practice! Wu Yongli, a deputy to the National People's Congress and chief engineer of the management committee of Anhui Fuyang Economic and Technological Development Zone, said in an interview with the Procuratorial Daily.
The Supreme People's Procuratorate work report mentioned that in order to let the embezzled and misappropriated poverty alleviation funds play a role as soon as possible, promote the experience of Yunnan, establish a mechanism for the rapid return of assets involved in the case in the field of poverty alleviation in accordance with the law, change the usual practice of not returning cases without closing the case, and implement it together with relevant organs. Last year, 120 million yuan was quickly returned in procuratorial case handling, benefiting 32,000 people.
Deputy Wu Yongli held that property and property in the field of poverty alleviation have a bearing on the vital interests of the poor masses and can solve the urgent needs of the poor masses; while handling cases according to law, case-handling units can truly and quickly return property and property in the field of poverty alleviation that meet the conditions of having a clear relationship of ownership and returning them without affecting the conduct of litigation activities, which can further protect the legitimate rights and interests of individuals, units, or organizations whose rights and interests have been infringed, and can also enable the funds and materials to be effective as soon as possible, promote the implementation of the state's policy of benefiting the people and benefit the people, and help the poor masses get rid of poverty and become rich at an early date. Deputy Wu Yongli expressed the hope that the procuratorial organs will further intensify judicial assistance, especially giving prominence to the assistance to families who have been impoverished by cases and who have returned to poverty due to cases.
Feng Haiyan, deputy to the National People's Congress and chief engineer of the safety and environmental protection department of the Guangxi Branch of China Aluminum Co., Ltd
Procuratorial public interest litigation guards the Great Beauty Lake
To defend the blue sky and clear water and pure land, the procuratorial organs have the courage to "shine the sword"! Feng Haiyan, a deputy to the National People's Congress and chief engineer of the Safety and Environmental Protection Department of the Guangxi Branch of China Aluminum Co., Ltd., after listening to the report of the Supreme People's Procuratorate, praised the first public interest litigation case directly filed by the Supreme People's Procuratorate in the report - the "Wanfeng Lake Basin Ecological Environment Damage Public Interest Litigation Project" (hereinafter referred to as the "Wanfeng Lake Project").
The Supreme People's Procuratorate work report mentioned that due to disorderly breeding and deterioration of water quality, Wanfeng Lake has been named by the central environmental protection inspector for two consecutive times. The Supreme People's Procuratorate directly filed a case, with strong support from the party committees and governments of the three places, coordinated governance, joint prevention and control, and finally Wanfeng Lake reappeared as a lake with clear water.
"I was invited to participate in the hearing of the 'Wanfeng Lake Project', and I also followed the case-handling personnel to tour the lake, witnessing the difficulty of the case-handling process and the efforts made by the procuratorial organs for this, so I want to praise the work of the procuratorial organs!" Deputy Feng Haiyan said.
Deputy Feng Haiyan said that the successful handling of the "Wanfeng Lake Project" has solved the pollution problems caused by illegal cage culture, water surface mobile facilities and garbage pollution on the lake surface that have long plagued all parties, and has also comprehensively cracked down on illegal fishing and other illegal acts that affect the ecological environment of Wanfeng Lake, with remarkable results.
"It is difficult for public interest litigation to collect evidence and handle cases, and the governance of the Wanfeng Lake Basin involves the management of three provinces and five counties, and coordination and communication are even more difficult." By enlisting the support of government departments and forming a synergy of collaborative governance, the procuratorial organs have finally solved the pollution problem in the Wanfeng Lake basin, and this experience is worth promoting to the whole country. Deputy Feng Haiyan said, "Public interest litigation must form a long-term mechanism to go further, and green development also needs to be protected by cooperation." ”
He Dachun, deputy to the National People's Congress, secretary of the party committee and chairman of Hubei Yangtze River Industrial Investment Group Co., Ltd
Give play to the role of procuratorial suggestions to serve the "ten-year ban on fishing on the Yangtze River"
"The protection of the Yangtze River has always been one of the topics I am most concerned about. I was deeply impressed by the work of the procuratorial organs in this year's work report on the procuratorial organs' service of the 'ten-year ban on fishing on the Yangtze River'. He Dachun, deputy to the National People's Congress and secretary of the party committee and chairman of Hubei Yangtze River Industrial Investment Group Co., Ltd., said in an interview with the Procuratorial Daily reporter that the attention to this topic not only stems from his local feelings, but also has the professional responsibility of long-term work related to ecological protection and green development in the Yangtze River Economic Belt.
"The procuratorial organs have actively carried out special rectification actions to crack down on illegal fishing in the Yangtze River Basin and severely cracked down on and punished illegal fishing crimes, and the results are really visible." Deputy He Dachun said for example: The procuratorial organs of Hubei Province have implemented the working mechanism of "illegal fishing on-site trial + breeding and stocking + comprehensive management," which not only cracks down on criminal acts, but also appears to explain the law, but also promptly repairs the ecological environment that has been damaged, which has multiple effects such as deterring crime, warning education, and ecological restoration, forming a virtuous circle and avoiding "one punishment."
"At present, there is still a certain lag in the handling of public interest litigation cases related to the 'ten-year ban on fishing on the Yangtze River', and problems such as difficulty in obtaining evidence are common." In this regard, Deputy He Dachun suggested that procuratorial organs continue to intensify public interest litigation work, establish and improve early intervention mechanisms, and increase the intensity of legal popularization. At the same time, he hopes to give full play to the normative and leading role of procuratorial suggestions in social governance, integrate more forces and resources from a judicial perspective, and play a greater role in the protection of the Yangtze River.
(Source: Procuratorial Daily Author: Shi Zhaokun, Li Rui, Mou Shasha, Jin Lijun, Li Yuzhi, Shan Ge, Liu Tingting)