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We must not just bury our heads in handling cases, but also look for loopholes in social management - an interview with Yuan Ming, director of the Second Procuratorate of the Supreme People's Procuratorate

author:Qitaihe Procuratorate
We must not just bury our heads in handling cases, but also look for loopholes in social management - an interview with Yuan Ming, director of the Second Procuratorate of the Supreme People's Procuratorate

Yuanming, director of the Second Procuratorate of the Supreme People's Procuratorate, was interviewed by reporters. Yan Zhao, a reporter from all media of this newspaper, took a photo

  Under the background of the century-old changes and the superposition of the epidemic in the century, how to safeguard national security and public safety, serve the overall situation, and achieve its own high-quality development? The procuratorate faces a tough test. On February 3, Yuan Ming, director of the Second Procuratorate of the Supreme People's Procuratorate, was interviewed by reporters.

  Faithfully perform duties and resolutely safeguard national security and social stability

  "Severely punishing crimes endangering national security in accordance with the law is an important duty of serious crimes prosecution in the new era." Yuanming told reporters that the procuratorial organs adhere to the overall concept of national security, resolutely safeguard the country's political security, deeply promote the struggle against separatism, anti-infiltration, anti-terrorism, and counter-espionage, actively participate in the special work carried out by the relevant central departments, handle a number of cases of crimes endangering national security, such as spying on state secrets for overseas, and actively prevent and resolve major risks in the political field.

  National security cannot be ignored, and the hidden "bombs" around the people cannot be underestimated!

  "Smurfs", "Happy Water"... Who would have thought that these playful names would be drugs! What's more, some drugs are cloaked in "snacks" and "drinks", which is overwhelming.

  "The number of drug crimes approved by the procuratorate for arrest and prosecution has declined, and the anti-drug work has made steady progress. However, the total number of drug crimes is still hovering at a high level, and the situation is still grim. Yuan Ming said bluntly that with the rapid development of transportation, logistics industry and network information media, the forms of drug crimes are diverse and complex, traditional and new drug hazards, online and offline drug crimes are intertwined, criminal means are constantly renovated, drug tricks are varied, criminal structures are increasingly diversified, and domestic and foreign criminal gangs are linked.

  Yuan Ming revealed that in major difficult and complicated drug-related cases, the procuratorial organs intervened in advance and guided the investigation work; strengthened the supervision of case filing and investigation, and promoted the transformation of investigation from "arresting people to crack cases" to "confirming cases with evidence"; strengthened trial supervision, improved the quality and effectiveness of criminal counter-prosecution in drug-related cases, and corrected a number of drug-related cases that were sentenced to abnormally light or even innocent due to judgments and errors in the application of law; increased the intensity of the seizure and seizure of drug-related assets; and jointly carried out special rectification work on the delivery of drugs with postal administration departments.

  Guard peace and weave a tight public safety net

  In the interview, Yuan Ming said that for extremely violent crimes and sudden and serious vicious cases, the procuratorial organs intervened in advance in a timely manner to guide the investigation to ensure that the cases were handled strictly and quickly in accordance with the law, and the Supreme People's Procuratorate made a decision to approve and prosecute the murder of the female student of the Southern Medical University that occurred 28 years ago in accordance with the law.

  Not being in vain is an interpretation of the rule of law and justice. For example, Yuan Ming said that the principle of "no suspicion of guilt" was correctly understood and applied, and the Supreme People's Procuratorate protested against the intentional homicide case of Chen X and Meng X, whose court had changed their verdict to acquittal in accordance with law. Adhere to the strictest evidentiary standards in handling death penalty cases, ensure the quality of death penalty cases, and prevent the occurrence of unjust and wrongful cases.

  Yuan Ming stressed that procurators should not just bury their heads in handling cases, but should adopt appropriate opportunities and methods to carry out case interpretation of the law, analyze cases, find loopholes in social management, and propose prevention and control measures from the level of social governance.

  For epidemic-related cases, the procuratorial organs handle them strictly and quickly. Yuanming told reporters that the Supreme People's Procuratorate issued the ninth batch of typical cases related to epidemic prevention and control, guiding procuratorial organs in various localities to punish serious violent crimes related to the epidemic in a strict and serious manner in accordance with the law, which effectively deterred criminals; prudently handled cases involving private enterprises in accordance with the law, applied the plea leniency system to qualified enterprises and personnel in accordance with the law, and continuously released judicial goodwill; in January 2021, the Supreme Procuratorate issued guiding cases for handling criminal cases endangering production safety, which not only severely cracked down on crimes, but also served the overall situation of "six stability" and "six guarantees".

  To protect the safety of the people, we must not only support a piece of the sky, but also protect the safety of our feet.

  With regard to the rectification of the problem of "eating people" in manhole covers, Yuan Ming introduced the many efforts of the Supreme People's Procuratorate: it signed and issued the "Guiding Opinions on Handling Criminal Cases Involving Manhole Covers" with the SPC and the Ministry of Public Security; issued the "No. 4 Procuratorial Recommendation" to relevant departments to promote the safety construction of urban infrastructure, and held a promotion meeting on the implementation of the procuratorial organs, with remarkable results.

  It is understood that as of November 2020, 5 provincial-level courts have promoted relevant departments to carry out special actions for manhole cover treatment, formulated and issued more than 390 procuratorial suggestions for the hidden dangers of manhole cover safety found, and urged the rectification of problem pipe wells and the elimination of nearly 76,000 potential safety hazards of manhole covers.

  Strive for the ultimate, and achieve high-quality development of felony prosecutions

  "Handling cases must not only adhere to the bottom line of 'not breaking the law,' but also follow heavenly reason, abide by the laws of the land, and conform to people's feelings." The practice of handling felony cases confirms Yuan Ming's words.

  It is reported that the serious crimes prosecution department has vigorously promoted public hearings, such as holding a public hearing on a drug appeal case in Yunnan, so that fairness and justice can be felt and credible; insisting on the application of the plea leniency system for felony cases, breaking through the difficult cases of serious crimes such as zero confessions and non-admission of guilt, focusing on improving the accuracy of sentencing recommendations, studying relevant work rules, and promoting the higher quality application of the system; carrying out judicial aid work in felony cases, and running the judicial aid work for homicide cases throughout the entire process of case handling.

  Yuan Ming also mentioned the new changes brought about by measures such as the "case-to-case ratio" and procurators' performance appraisals to the procuratorial operations of serious crimes: the concept of less arrest and prudent prosecution has been further strengthened, the intensity of early intervention has been increased, the rate of withdrawal of prosecutions, the rate of extension of the period for reviewing and prosecuting, and the rate of returning supplementary investigations have decreased, the initiative of self-supplementary investigations has increased, and the rate of light probation after arrest has decreased; the overall situation of the "two supervisions" has improved, and the quality and effectiveness of criminal counter-prosecution work have rebounded; the application rate of admitting guilt and accepting punishment in felony cases, the rate of recommending and recommending sentencing for determining sentences, The adoption rate of sentencing recommendations has increased significantly year-on-year...

  Finally, Yuan Ming sent a message to the felony prosecution work in the new era with "two high-quality developments": strive to promote its own high-quality development, better serve and ensure the high-quality development of the economy and society, and greet the 100th anniversary of the founding of the Party with excellent results!

  (Beijing, February 3, this newspaper)

Source: Procuratorial Daily Li Yuzhi Liu Tingting

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