Xinhua News Agency, Beijing, March 15th.
Work Report of the Supreme People's Procuratorate
——At the Fifth Session of the Thirteenth National People's Congress on March 8, 2022
Zhang Jun, Chief Prosecutor of the Supreme People's Procuratorate
Representatives:
Now, on behalf of the Supreme People's Procuratorate, I will report to the General Assembly for consideration, and invite all members of the National Committee of the Chinese People's Political Consultative Conference to give their opinions.
2021 Job Review
2021 is a landmark year in the history of the party and the country.
On the occasion of the 100th anniversary of the founding of the Communist Party of China and the 90th anniversary of the establishment of the people's procuratorial system under the absolute leadership of the Party, the Central Committee of the Communist Party of China issued the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era", which gave greater political responsibility.
Under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at its core, and under the strong supervision of the National People's Congress and its Standing Committee, the Supreme People's Procuratorate adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly implements Xi Jinping Thought on the Rule of Law, and fully implements the Party's The spirit of the 19th National Congress of the Communist Party of China and the previous plenary sessions of the 19th National People's Congress, earnestly implement the resolutions of the Fourth Session of the Thirteenth National People's Congress, deeply understand the decisive significance of the "two establishments", strengthen the "four consciousnesses", strengthen the "four self-confidences", and achieve " "Two safeguards", has undergone revolutionary forging in the study and education of party history and the education and rectification of political and legal teams, more consciously integrated into national governance, and able to perform duties in accordance with the law, and new progress has been made in criminal, civil, administrative, public interest litigation and other procuratorial work.
The national procuratorial organs handled a total of 3.637 million cases of various types, a year-on-year increase of 20.9%.
The Supreme People's Procuratorate formulated 19 judicial interpretations, issued 37 guiding cases in 8 batches, and 563 typical cases in 76 batches.
1. Serve the overall situation and promote high-quality development through the performance of procuratorial duties
Mindful of the "big man of the country", he will actively perform his duties in accordance with the law in the overall development and security, give full play to the role of the rule of law in guiding, regulating and guaranteeing, and serve the good start of the "14th Five-Year Plan".
Resolutely safeguard national security and social stability.
Throughout the year, 868,445 criminal suspects of various types were approved for arrest, and 1,748,962 were prosecuted, up 12.7% and 11.2% year-on-year respectively.
We will take the initiative to safeguard national political security, and resolutely prevent and punish crimes such as splitting the country, subverting state power, and organizing and carrying out terrorist activities in accordance with the law.
Regularly carry out the fight against gangsters and evils, insist on fighting the early and fight the small, promote long-term governance, and integrate the three-year special struggle of "do not let go of the crimes of the underworld, and make up for the crimes that are not of the underworld" into the daily life.
Compared with 2020, the number of prosecutions for crimes involving gangs and crimes decreased by 70.5%, the crimes of homicide, robbery, and kidnapping decreased by 6.6%, and the crimes of gathering a crowd to fight, picking quarrels and provoking trouble decreased by 20.9%, and drug crimes decreased by 20.9%. Crime fell 18 percent.
Cooperate with the public security organs to continue to carry out "anti-trafficking" and "reunion" operations, severely punish crimes of human trafficking, and dig deep into the historical case.
From 2000 to 2021, the number of people prosecuted by procuratorial organs for abducting and trafficking in women and children has dropped from 14,458 to 1,135, an average annual decrease of 11.4%; the number of people prosecuted for buying and selling abducted women and children has increased from 155 to 328.
Implement the "China Action Plan Against Human Trafficking (2021-2030)", continue to severely and severely prosecute human trafficking crimes; at the same time, form joint efforts with relevant departments to comprehensively rectify the crime of buying, not rescuing, or obstructing the rescue of abducted and trafficked women and children in accordance with the law. Prosecute and punish severely.
Promote the normalization of fighting the epidemic according to law, deepen the use of 10 batches of 55 typical cases related to the epidemic released in the early stage of the epidemic, and successively release 5 batches of 24 typical cases including the crime of falsifying vaccination certificates, maintain a good epidemic prevention order, and prosecute 4,078 people for epidemic-related crimes, a year-on-year increase. Down 63.7%.
Prosecuted 4,135 people for crimes endangering work safety, such as dangerous operations and major liability accidents, a year-on-year increase of 26.4%; focusing on prevention at the source, handled 14,000 public interest lawsuits in this field.
The procuratorial organs in Beijing and Hebei carried out special supervision around the safety of the Winter Olympics, and the rule of law helped the wonderful ice and snow dream.
Efforts will be made to create a legal business environment that is safe for business and beneficial to enterprises.
The epidemic has spread in many places, and the economy is under pressure. It is even more necessary to use the rule of law to stabilize enterprises' expectations, ensure employment and people's livelihood.
134,000 people were prosecuted for crimes that disrupted market economic order, basically the same as the previous year.
To prevent enterprises from getting into trouble due to a case, according to the nature of the specific case, the circumstances and the degree of harm to the society, we will continue to implement the policy of not arresting the person in charge of the company involved in business-related crimes in accordance with the law, not prosecuting if not prosecuting, or not prosecuting the case. Procuratorial policies such as probation suggestions apply to the proposal of punishment; the non-prosecution rate for crimes involving enterprises and other units is 38%, an increase of 5.9 percentage points year-on-year.
Further focus on the pilot compliance reform of the companies involved in the case carried out by the procuratorial organs of 10 provinces and cities including Liaoning, Jiangsu, and Guangdong: if it is not necessary to arrest or prosecute in accordance with the law, the company involved shall be instructed to make compliance commitments and make effective rectification; Eight departments including the United Nations have jointly established a third-party supervision and evaluation mechanism, and the judiciary, law enforcement, and industry supervision have joined forces to demonstrate their love through strict management.
A private enterprise in Hubei was suspected of committing a crime in its operation, and the procuratorial organ urged it to make rectification in compliance with the case.
After the rectification of the enterprise, the production and operation are on the right track, with an additional investment of over 100 million yuan and employment of hundreds of people.
In response to the long-term "hanging up" of some enterprise-related cases, which should not be closed or withdrawn, since 2019, the Ministry of Public Security will continue to clean up 9,815 cases. For those with insufficient evidence and no results in the investigation, resolutely implement the suspected crime never , supervised and completed 8,707 cases, and the vitality of the enterprise was released.
The Ministry of Commerce and Justice has carried out pilot projects in 11 provinces, autonomous regions and municipalities including Tianjin, Chongqing, and Sichuan, allowing community corrections subjects who abide by supervision and management regulations and perform well to temporarily go to other places to engage in production and business activities.
Flexible supervision is integrated into trust, which is more conducive to transformation and development.
Actively promote the prevention and resolution of financial risks.
Established a procuratorial office stationed in the China Securities Regulatory Commission, jointly with the Ministry of Public Security and the China Securities Regulatory Commission to punish securities violations and crimes, handled 19 major cases in a centralized manner, guided the prosecution of the Kangde Xin case and the Kangmei Pharmaceutical case, helped supervise the capital market in accordance with the law, and safeguard the legitimate rights and interests of investors .
Prosecuted 43,000 people for financial fraud and disrupting financial management order, a year-on-year increase of 3.3%; and supervised 36 major illegal fund-raising cases in conjunction with the Ministry of Public Security.
Punish new types of financial crimes involving virtual currency and online lending platforms in accordance with the law.
In collaboration with the People's Bank of China, we released typical cases and prosecuted 1,262 people for money laundering crimes, a year-on-year increase of 78.5%.
Strictly prosecute money laundering crimes, so that upstream "crimes" and "bootlegs" have nowhere to hide.
Work together to advance the fight against corruption.
Standardize the connection of supervisory inspections, promote strong cooperation and effective restraint.
20,754 persons were transferred from supervisory committees at all levels for crimes committed by their duties, and 16,693 persons have been prosecuted, an increase of 5% and 8.8% year-on-year respectively.
Together with the State Supervision and Administration Commission and other agencies to promote the investigation of bribery and bribery, 9,083 people were prosecuted for bribery crimes and 2,689 people for bribery crimes, an increase of 21.5% and 16.6% year-on-year respectively.
23 former provincial and ministerial cadres including Wang Fuyu and Wang Like were prosecuted.
The confiscation procedure of illegal gains was initiated against 17 suspects of embezzlement and bribery who escaped and died; the Henan procuratorial organ prosecuted Cheng Sanchang, who fled overseas and refused to be brought to justice, using the trial in absentia procedure, and has been prosecuted for his criminal responsibility according to law.
To prevent corrupt elements from escaping, the legal net is Skynet.
Efforts to serve innovation-driven development.
The Supreme People's Procuratorate followed up the establishment of the Intellectual Property Procuratorate Office, and 20 provincial-level procuratorates including Beijing, Hainan, and Shaanxi deepened the integrated performance of intellectual property criminal, civil and administrative prosecutions and strengthened comprehensive protection.
We continued to intensify efforts to punish crimes of intellectual property infringement, and prosecuted 14,000 people, a year-on-year increase of 15.4%.
Guiding cases were issued and 121 people were prosecuted for crimes of infringement of trade secrets, 2.4 times the number in 2020.
In conjunction with the National Copyright Administration and other agencies, it supervised 60 major infringement and piracy cases.
544 IP civil administrative litigation supervision cases were handled, 4.1 times that of 2020.
Actively promote network governance according to law.
In conjunction with the Ministry of Public Security and others, it issued guidelines for handling criminal cases such as telecommunication and network fraud, cracked down on the whole chain and integrated prevention and control, and prosecuted 282,000 people for crimes such as using the Internet to commit fraud, gambling, and dissemination of obscene materials, a year-on-year increase of 98.5%.
Coordinated to promote the "broken card" action, prosecuted 129,000 people for illegal buying and selling of phone cards and bank cards, and helping with withdrawals and transfers, which was 9.5 times the number in 2020; for some students involved in the case, the Ministry of Education released typical cases to carry out campus countermeasures. Fraud, not only to prevent students from being victimized, but also to prevent victims from being deceived.
Continuing from the private prosecution of the case of a woman who was derailed by a rumoured and derailed courier, it continued to publish a guiding case for the protection of citizens’ personality rights. Strictly prosecuted online defamation, insults, and violations of citizens’ personal information for crimes that seriously endangered social order and violated citizens’ rights, and prosecuted 3,436 people, a year-on-year increase rose 51.3%.
Wu downloaded a photo of a woman and her grandfather from the Internet, and compiled it into a spoof message of "old husband and young wife", which was read more than 470 million times.
Guangdong public security organs filed a case for public prosecution, and the procuratorial organs approved the arrest.
Focus on prevention at the source, and handle more than 2,000 public interest lawsuits in the field of personal information protection; the procuratorial organs in Shanghai, Chongqing and other places carry out special supervision on the illegal collection and use of personal information by using mobile phone software, and promote comprehensive management by departments such as network information and communication management.
In cyber virtual space, governance according to law must be implemented.
Contribute to the construction of a beautiful China.
Implement the strictest rule of law to protect the ecological environment, and continue to strictly prosecute crimes that damage the ecological environment, such as illegal dumping of hazardous waste and smuggling of foreign garbage.
Promote source governance, handle 88,000 public interest lawsuits in the field of ecological environment and resource protection, a year-on-year increase of 4.7%; urge the restoration of 430,000 mu of damaged arable land, forest land and grassland, urge the restoration of 478,000 mu of contaminated soil, and seek compensation for environmental damage 590 million yuan, a year-on-year increase of 92.7%, 4.6 times and 55.9% respectively.
The waters of Nansi Lake and the four provinces of Shandong, Henan, and Anhui have different treatment standards for upstream and downstream, and left and right banks, and multiple pollutions are intertwined, which seriously affects the production and life of the masses.
The Supreme People's Procuratorate directly filed a case, called the prosecutors of the four provinces to handle the case, and helped local governments to work together to control, unify sewage discharge standards and coal mine exit plans in protected areas, clean up solid waste, demolish illegal buildings, and ban illegal breeding, which lasted for 10 months. Lake clear water.
Coordinated development of service areas.
Conscientiously implement the party's strategy of governing Tibet and Xinjiang in the new era, and formulate 28 measures to deepen the procuratorial counterpart assistance.
Formulate 18 measures to serve and guarantee the ecological protection and high-quality development of the Yellow River Basin, deepen the coordinated performance of inspections in the Yangtze River Economic Belt, and work together to protect the mother river.
Prosecution policies have been introduced, and a collaboration mechanism has been established to support the construction of the Hainan Free Trade Port, the Hengqin Guangdong-Macao Deep Cooperation Zone, and the Qianhai Shenzhen-Hong Kong Modern Service Industry Cooperation Zone.
Performing duties with high standards of procuratorial work, assisting Zhejiang in building a demonstration zone for common prosperity, and supporting Shenzhen in building a pioneering demonstration city of socialist rule of law with Chinese characteristics.
Six provincial procuratorates in Tibet and surrounding areas cooperated across regions to protect the snow-covered plateau.
The procuratorial organs of Beijing-Tianjin-Hebei have coordinated development with integrated services of the rule of law to boost the construction of the rule of law.
The procuratorial organs of Shanghai, Jiangsu, Zhejiang and Anhui have united their efforts to serve the integration of the Yangtze River Delta.
The Sichuan-Chongqing procuratorial organs have established cooperation mechanisms such as cross-regional case jurisdiction and identification resource sharing to promote the construction of the twin-city economic circle.
Actively participate in the construction of foreign-related rule of law.
The Supreme People's Procuratorate has set up a special class to strengthen procuratorial organs' foreign-related legal work.
It handled 5,691 foreign-related criminal cases and 178 criminal judicial assistance cases, equally protected the legitimate rights and interests of Chinese and foreign parties, and vigorously safeguarded national sovereignty, security, and development interests.
Consolidate bilateral and multilateral cooperation mechanisms, and conduct video conferences with procuratorial organs in 7 countries to exchange work on judicial reform and public interest litigation; participate in video conferences such as the International Federation of Prosecutors, the Shanghai Cooperation Organization Member States Attorney-General’s Meeting, etc., to deepen judicial exchanges and cooperation, and to serve Jointly build the "Belt and Road" and promote the building of a community with a shared future for mankind.
2. The judiciary is for the people, and the performance of the procuratorial duties relieves the people's distress and hope
Adhere to the people-centered approach, be able to perform duties according to the law while running the procuratorate for the people, and protect human rights in accordance with the law, so that the people can truly feel that fairness and justice are at their side.
Protect the good life of the people.
Jointly issued a judicial interpretation with the Supreme People's Court, and severely prosecuted and punished crimes such as the manufacture and sale of water-infused meat and fake and inferior health care products.
Special actions were carried out with the Ministry of Agriculture and Rural Affairs to focus on punishing crimes such as illegal use of prohibited and restricted drugs.
11,000 people were prosecuted for the manufacture and sale of toxic and harmful food, counterfeit and inferior medicines, a year-on-year increase of 29.8%.
30,000 public interest lawsuits in the field of food and drug safety were handled, an increase of 10% year-on-year; 480,000 kilograms of counterfeit and shoddy food and 1,448 kilograms of counterfeit and shoddy medicines were urged to be investigated and dealt with, an increase of 26.9% and 2.2 times year-on-year respectively.
The procuratorial organs in Hebei, Shanxi, Anhui, Ningxia and other places prosecuted the crime of manufacturing and selling counterfeit drugs, with civil public interest lawsuits, and punitive damages three to ten times the sales amount, so that those who wantonly harm the public welfare should pay a higher price.
Continue to implement the "No. 4 Procuratorial Recommendation", urge the rectification of 930,000 hidden safety hazards in manholes, and the Henan procuratorate to promote the maintenance and renovation of manhole facilities into the province's top ten key livelihood issues.
To be true to the masses' letters and visits, "every piece has a reply".
At the National Two Sessions in 2019, we promised to "reply the procedure within 7 days, and reply to the process or result within 3 months" for the mass petition.
In the past three years, the 2.79 million letters and visits received were all informed within 7 days of "received, who is handling it", and the response rate for the handling within 3 months exceeded 90%.
What the petitioners are looking forward to is the conclusion of the case.
Pay close attention to leading cadres to take the lead in handling difficult and complex petition cases. The first petitions accepted by the grassroots procuratorate are all handled by the leaders of the procuratorate; public procuratorial hearings are fully promoted, and deputies to the National People's Congress, CPPCC members, experts and scholars are invited to participate in the evaluation of controversial and influential cases. Let's listen to the right and wrong, and solve the "dharma knot" and "heart knot" together.
There were 105,000 hearings throughout the year, 3.5 times that of 2020, and the hearing resolution rate of petition cases was 76.5%.
Compared with 2019, the total number of letters and visits, the number of repeated letters and visits, and the number of letters and visits to the Supreme People's Procuratorate decreased by 4.7%, 7.5% and 8.9% respectively. It rose to 29.8%, and the “inverted triangle” structure of petitions continued to improve.
The Standing Committee of the National People's Congress heard the special report on handling complaints and appeals, and fully affirmed it.
Strive to make the children grow up better.
Implement the Law on the Protection of Minors, integrate judicial protection into family, school, society, network and government protection, form a joint force, let "1 + 5 > 6", and jointly make the protection of minors more practical.
Regarding the guardian's infringement, 758 cases were supported to prosecute and suggested to revoke the guardian's qualification, a year-on-year increase of 47.8%; for serious guardian dereliction of duty, 19,000 guardianship orders were issued.
The Family Education Promotion Law came into effect this year, which is more conducive to promoting "hands-off parents" to bring their children in accordance with the law.
Continue to implement the "No. 1 Procuratorial Recommendation" issued in 2018 for campus safety.
The mandatory reporting and entry inquiry systems established in conjunction with the Ministry of Education and the Ministry of Public Security have been elevated to legal requirements.
Through mandatory reporting, 1,657 cases of violations against minors were handled, and 459 cases were rectified and held accountable for failing to perform reporting obligations.
Promoted 7.49 million entry inquiries in the industry that had close contact with minors, and dismissed 2,900 people with criminal records.
Strictly prosecuted 61,000 people for crimes against minors such as sexual assault and abuse, a year-on-year increase of 5.7%.
Maximize education and influence to save the minors involved, and decide not to prosecute 20,000 people with conditions according to the law, accounting for 29.7% of the total number of minors closed; prosecute 35,000 minors for more serious crimes, an increase of 6% year-on-year, and punishing according to law is also protection .
Minors are vulnerable to infection, difficult to recover, have limited employment, and parents are helpless. Procuratorial organs in Jiangsu, Zhejiang and other places have promoted the prohibition of minors who are not yet mature through special supervision of public interest litigation.
39,000 prosecutors serve as vice-principals of the rule of law in 77,000 primary and secondary schools, working with all parties to support the children of the rule of law.
Resolutely safeguard the interests of national defense and the legitimate rights and interests of servicemen, family members, heroes and martyrs.
We formulated and implemented the new era military and local procuratorial cooperation opinions, and prosecuted 545 criminals who endangered the interests of national defense and violated the legitimate rights and interests of military members, a year-on-year increase of 43%.
Provide judicial assistance to military family members and retired military personnel who have suffered unlawful violations.
In response to issues affecting the safety of flight training, special supervision on the clearance of military airports was carried out.
325 public interest litigations in the defense and military fields were handled, 2.2 times the number in 2020.
Publish typical cases of sabotaging military marriages, promote the experience of Yunnan military and local procuratorates in carrying out judicial protection of minor children of military personnel, safeguard their rights in accordance with the law, and protect "military children".
Jointly formulated and issued opinions on the standardized management of martyrs' memorial facilities with 7 departments; carried out special supervision with the Ministry of Veterans Affairs, issued 4,995 procuratorial suggestions, and promoted the repair of 9,400 martyrs' memorial facilities.
Handle 46 civil public interest lawsuits in the field of protection of the rights and interests of heroes and martyrs.
An Internet blogger maliciously slandered the heroes of the Volunteer Army, and a travel blogger arbitrarily insulted the martyrs who defended the country. Heroic glory.
The rule of law enhances the kinship and well-being of fellow citizens.
Strengthen exchanges and cooperation with the judicial organs of Hong Kong and Macao.
Properly handle cases involving Hong Kong, Macao and Taiwan and overseas Chinese in accordance with the law, and protect the legitimate rights and interests of compatriots in Hong Kong, Macao and Taiwan, overseas Chinese and relatives of returned overseas Chinese.
Compilation of procuratorial manuals serving Taiwan compatriots and Taiwanese enterprises, procuratorial organs in Zhejiang, Fujian and other places have set up procuratorial liaison offices in Taiwanese investment zones, and hired Taiwan compatriots as procuratorial liaison officers to provide accurate judicial services.
Promote the experience of Jiangxi and other places, and join hands with the All-China Federation of Returned Overseas Chinese to provide legal services for overseas Chinese.
Actively warm the grassroots level of justice.
Combined with judicial case handling, it helped 48,000 victims with 610 million yuan in distress, up 49.9% and 47.2% year-on-year respectively.
One victim was robbed and died, and his wife took care of three elderly people and two children alone. The Hunan procuratorate provided judicial assistance, and coordinated public welfare organizations to provide financial aid for his children who were admitted to college, and coordinated civil affairs to help him apply for minimum living allowances. The grassroots people effectively Feel the warmth of the party and the government.
For elderly people with weak litigation ability, petition for alimony, rights protection for disabled persons, divorce of women subjected to domestic violence, and wage demands by migrant workers, 44,000 lawsuits were supported in accordance with the law, an increase of 80.9% year-on-year.
Positive progress has been made in promoting harmonious labor relations, harmonious families, and the construction of safe hospitals. Prosecutions for malicious wage arrears and domestic violence crimes have dropped significantly, and the number of crimes against doctors for harming and disturbing doctors has dropped from 3,202 in 2018 to 427 in 2021.
Join hands with China Disabled Persons' Federation to effectively strengthen judicial protection of disabled persons, and comprehensively launch public interest litigation for barrier-free environment construction.
Severely punish the crime of cheating and cheating the elderly. The Shanghai procuratorial organ has established a special case handling team to protect the rights and interests of the elderly by legal means.
3. Deepen supervision and maintain fairness and justice through the performance of procuratorial duties
Actively perform their duties in accordance with the law in restraint and supervision, promote self-correction and reduction of mistakes by law enforcement and judicial organs, and promote strict law enforcement and impartial justice as a whole, and help the construction of the rule of law in China.
Deepen the supervision of criminal proceedings.
Promote the connection between administrative law enforcement and criminal justice, and standardize the sharing of law enforcement and judicial information and the transfer of cases.
Urge administrative law enforcement agencies to transfer 4,819 suspected criminal cases, and public security agencies have filed 3,629 cases, up 30.8% and 35.3% year-on-year respectively.
In conjunction with the Ministry of Public Security, we will issue opinions and jointly set up an investigation supervision and cooperation office, so as to cooperate effectively and supervise more effectively to improve the quality of investigation and case handling.
25,000 cases were urged to be filed but should not be filed, and 29,000 cases were supervised and withdrawn that should not be filed but were filed, up 13.6% and 22.1% respectively year-on-year.
There were 8,850 protests against criminal judgments that were believed to be wrong, basically the same as the same period last year; 6,380 cases were concluded by the courts, of which 4,330 cases were revised or remanded for retrial, with an acceptance rate of 67.9%, a year-on-year increase of 1.2 percentage points.
14,000 corrective opinions were put forward for illegal situations in criminal trial activities, a year-on-year increase of 58.3%.
After the Criminal Law Amendment (11) separates the crime of assaulting a police officer from the crime of obstructing public affairs, 6,530 people have been prosecuted for the crime of assaulting a police officer, and law enforcement guarantees are more distinct and powerful.
We will deepen the supervision of law enforcement in prisons and detention centers.
After the procuratorial circuit system was enacted into law in 2018, the Supreme People's Procuratorate directly organized 10 prison circuit inspections, and six major prosecutors led the circuit inspection team to discover and urge the rectification of prominent problems such as drug-related and gambling-related prisons, and to promote the investigation and punishment of duty-related crimes.
In 20 provinces, autonomous regions and municipalities, including Shanxi, Jilin, Qinghai, and Ningxia, pilot patrol inspections of detention centers were carried out, and procuratorial suggestions were issued on the issue of irregular supervision and law enforcement.
Implemented the deployment of education and rectification of the political and legal teams, comprehensively investigated 11 million cases of commutation, parole, and temporary execution outside prison that have been handled since 1990, supervised and corrected 30,000 cases, and investigated and punished 242 people who committed favoritism and "temporary reduction of leave".
In response to the difficulty of taking in custody and sending them to prison, special campaigns have been used to urge 44,000 people to be taken into custody according to law.
We strengthened supervision over the execution of property penalties, put forward 43,000 corrective opinions, and executed 440 million yuan.
Promoted Guizhou's experience, specially supervised the execution of penalties for deprivation of political rights, and corrected 633 people who illegally exercised the right to vote and stand for election.
Precisely carry out civil litigation supervision.
The concept of precise supervision was strengthened, and 5,319 civil judgments that were believed to be wrong were protested, a year-on-year increase of 6.5%. The courts have concluded 4,006 cases, of which 3,530 cases were amended, remanded for retrial, mediation and reconciliation, with a change rate of 88.1%, a year-on-year increase. 7.4 percentage points; 8,803 retrial and procuratorial suggestions were put forward, and the adoption rate was 96.9%, a year-on-year increase of 28.2 percentage points.
99,000 cases of violations in civil trials and enforcement activities were supervised and corrected with procuratorial suggestions, a year-on-year increase of 40.9%.
Procuratorial organs in Beijing, Hebei, Fujian and other places have used procuratorial suggestions to urge timely review and reduction of those who should be removed in response to the problem of inaccurate management of the list of dishonest persons subject to execution.
For three consecutive years, the special supervision of false lawsuits has achieved initial results. Last year, 8,816 "false lawsuits" were corrected with protests or procuratorial suggestions, and 1,135 people were prosecuted for false lawsuits, a year-on-year decrease of 12.6% and 16.1% respectively.
Shanxi, Inner Mongolia, Heilongjiang, Guangxi and other 11 provinces, autonomous regions and municipalities have established a system for reviewing the main and sub-files of civil litigation supervision cases, so that the facts of the cases can be grasped more comprehensively and the procuratorial supervision more accurate.
Comprehensively deepen administrative procuratorial supervision.
Protests were filed against 245 administrative judgments that were believed to be erroneous, a year-on-year increase of 34.6%. The court has concluded 121 cases, including 87 cases of revision of judgment, remand, mediation and settlement, with a change rate of 71.9%, an increase of 17 percentage points year-on-year; There were 222 retrial and procuratorial recommendations, and the adoption rate was 55%, a year-on-year increase of 16.6 percentage points.
38,000 cases of illegal situations in administrative trials and enforcement activities were supervised and corrected with procuratorial suggestions, a year-on-year increase of 20%.
Focusing on non-litigation enforcement of land, there were 16,000 cases involving failure of the special supervision court to accept in a timely manner, non-standard enforcement, and administrative agencies' delay in applying for compulsory enforcement, involving a land area of 190,000 mu.
Protecting land resources must start with the strict protection of every mu of land in accordance with the law.
In order to solve the complaints of some administrative litigation cases that have been closed but the litigation has not been resolved, the procuratorial organs have special supervision, formulate work guidelines, compile and issue guiding cases, and comprehensively use public hearings, procuratorial suggestions, judicial assistance and other measures to effectively resolve administrative procedures throughout the year. There were 9,100 disputes, of which 435 were litigated for more than 10 years.
The judiciary must strive to pursue substantive justice, not just formal legality.
Strictly prosecute judicial staff for duty crimes.
It has fully played its role in the eradication of gangsterism and evil, "breaking the umbrella and breaking the net" and the education and rectification of the political and legal teams, filing and investigating 2,253 crimes committed by judicial staff who used their powers to infringe on civil rights and damage judicial justice, a year-on-year increase of 58.6%.
Tao Ge and others were involved in multiple murder cases with guns, resulting in 2 deaths and 2 serious injuries.
After the incident, 3 people, including the main culprit, were given light probation, 2 people were sentenced to fixed-term imprisonment but were not admitted to prison, and they have been at large for more than 20 years.
The Liaoning procuratorial organ lodged a protest against the original verdict, prosecuted a new crime, and filed a case against 12 investigators, prosecutors, and judges who were suspected of abusing their powers and bending the law for personal gain.
There must be zero tolerance for judicial corruption in law enforcement.
Deepen the benign interaction of procuratorial law.
To respect and support lawyers in performing their duties, the Ministry of Justice, the All-China Lawyers Association, and the four-level procuratorate have been implemented simultaneously for two consecutive years.
Strictly supervise and correct 1,770 cases of law enforcement and judicial personnel infringing upon the right to practice law, an increase of 84.8% year-on-year.
A full-scale pilot program for lawyers to read files on the Internet, and you don't have to run once to check the file.
Invite lawyers to participate in public hearings, petition resolution, professional legal services are well received.
Guiding opinions have been issued with the Ministry of Justice to standardize exchanges between prosecutors and lawyers, and that outgoing prosecutors should engage in the profession of lawyers; the China Prosecutors Association and the All-China Lawyers Association jointly advocate that “closeness” should not go beyond the norm, and “clear” should not be far away.
4. Governing the source of complaints, ensuring a high level of security through the performance of procuratorial duties
Judicial handling of cases should not only focus on the end and cure the disease, but also at the front end and treat the disease before it.
Procuratorial organs can perform their duties in accordance with the law, integrate more deeply into social governance, and jointly build the cornerstone of long-term stability.
Promoting source governance with procuratorial recommendations.
Most of the repeated and massive crimes are related to the basic work of social governance.
Since 2018, the Supreme People's Procuratorate has aggregated and analyzed judicial data and typical cases, and has issued Procuratorial Recommendations No. 1 to No. 6 to relevant departments on campus security, judicial announcement delivery, financial supervision, manhole management, false litigation, and network rectification. The Procuratorate moved forward simultaneously.
In response to the issue of express delivery safety, in 2021, the "No. 7 Procuratorial Suggestion" will be issued to the State Post Bureau, and copies will be sent to 12 departments including the Ministry of Transport and the Ministry of Commerce to promote the formation of a joint supervision force.
The Ministry of Public Security and the State Post Bureau carried out special operations in a timely manner, and cracked 1,709 drug delivery cases in three months.
Actively implement the criminal justice policy of fewer arrests, prudent prosecution and prudent detention.
Adapting to changes in the structure of criminal offenses, while severely punishing serious criminal offenses, lenient treatment of most minor offenders, first-time offenders, etc. in accordance with the law, and fewer arrests, careful prosecution, and prudent detention are conducive to dividing crimes and reducing social opposition.
Procuratorial organs made active and steady progress. In the whole year, 385,000 people were not arrested and 348,000 people were not prosecuted, an increase of 28.3% and 1.5 times respectively over 2018; supplemented by public hearings, interpretation of the law, judicial assistance, etc. to promote the formation of consensus, the public security organs proposed Dissenting opinions and requests for reconsideration and re-examination decreased by 37.4%, and victims who refused to accept and filed complaints decreased by 11.2%.
If the criminal suspect who decides not to prosecute should be given an administrative punishment, it shall be transferred to the competent authority.
The procuratorial organs in Shanxi, Guangdong, Gansu and other places are not willing to prosecute drunk driving cases and put forward procuratorial opinions, refer them to administrative penalties, and promote strict and comprehensive rectification.
Carry out special activities to review the necessity of detention. For those who can not continue to be detained after arrest, 56,000 people are recommended to be released or changed to compulsory measures in accordance with the law, and the pre-litigation detention rate has dropped from 54.9% in 2018 to 42.7% in 2021.
Shandong, Zhejiang and other places explored the use of electronic bracelets, big data and other technological means to supervise, and no one was released on bail pending trial.
Society is progressing, and it can be managed without being "locked up".
Promote the full implementation of the leniency system for admitting guilt and accepting punishment.
Pleas of guilt and leniency are conducive to resolving conflicts, promoting harmony, and achieving endogenous social stability.
Despite the doubling of the workload, the procuratorial organs actively lead the exhaustion.
Formulate sentencing recommendations and guidance, listen to the opinions of the parties and lawyers with audio and video recordings, and ensure that pleas are voluntary and legal.
Last year, the application rate exceeded 85%; the adoption rate of sentencing recommendations exceeded 97%; the first-instance verdict rate was 96.5%, 22 percentage points higher than other criminal cases, and a large number of appeals and appeals were reduced from the source.
The judicial effect is good, relying on the superior litigation system.
Let public interest litigation more effectively protect public interest.
169,000 public interest lawsuits were filed and handled, including 20,000 civil public interest lawsuits and 149,000 administrative public interest lawsuits, an increase of 50%, 3.6 times and 37.3% respectively over 2018.
The Supreme People's Procuratorate and provincial procuratorates implemented the requirements of the Standing Committee of the National People's Congress and directly handled 110 cross-regional and influential cases.
The best judicial state is to achieve the purpose of safeguarding the public interest before litigation, and to promote governance at the source through consultations and pre-litigation procuratorial suggestions.
If the procuratorial suggestions could not be implemented, 11,000 lawsuits were filed, 99.8% of which were supported by the judges, becoming a sample of the rule of law.
Published typical cases and guided the handling of 5,554 public interest litigations in the field of cultural relics and cultural heritage protection.
Actively and steadily expanding the scope of public interest litigation cases, the Law on the Protection of Heroes and Martyrs, the Law on the Protection of Minors, the Law on the Protection of Military Status and Rights and Interests, the Safety Production Law, and the Personal Information Protection Law are all written into the procuratorial clauses of public interest litigation. The plan has attracted much attention.
5. Strict governance and inspection, forging a procuratorial iron army with the performance of procuratorial duties
Solidly carry out party history study and education and political and legal team education and rectification, forge a loyal, clean and responsible procuratorial team, and improve the ability and level of active performance of duties in accordance with the law.
Integrate politics with business construction.
Adhere to ideological and political construction to build the soul, learn the history of the party, memorize the history, and inherit the red gene.
Compilation, study and implementation of Xi Jinping's thought on the rule of law, a series of textbooks for procuratorial duties, to improve political quality, professional ability and professional ethics.
Promote the training of 192,000 judges, prosecutors, people's police and other halls, and establish and update the common judicial concept.
A procuratorial case database has been constructed, including 166,000 cases, and similar cases have been retrieved and handled by reference.
Taking Shanghai Shi Jinglan, Jiangsu Wang Yong, Fujian Wu Meiman and other procuratorial heroes in the new era as examples, stick to the "background" of loyalty and dedication, and lead the "bright color" of professional improvement.
Twelve prosecutors including Anhui Wang Min, Hubei Chaoyang, Hunan Peng Qingwen, and Guangxi Cao Yanqun sacrificed their precious lives for the party and the people, inspiring us to stay true to our original aspirations and move forward.
Make sure that the education and rectification of the procuratorial team is carried out.
Integrate to promote education rectification and inspections within the procuratorial system, support the Discipline Inspection Commission and the Disciplinary Inspection and Supervision Team to supervise the enforcement of discipline and law enforcement, adhere to the knife edge inward, adhere to strict management is love, and implement the "self-examination, leniency, and strict inspection" policy, 2800 A number of prosecutors were investigated and punished according to discipline and law, twice the number in 2020, of which 202 were transferred for criminal responsibility.
Four people from the Supreme People's Procuratorate were punished by party discipline and government affairs, and one person was transferred to be investigated for criminal responsibility.
Resolutely rectify stubborn maladies and chronic diseases, investigate and rectify 51,000 problems of various types, and promote the establishment of reforms and the root causes.
Continuing to implement the "three regulations" to prevent judicial interference, prosecutors took the initiative to record and report 162,000 related matters, 2.4 times the number in 2020.
Education and rectification are always on the way, and it is an iron rule to ask questions.
Consolidate and deepen the reform of the judicial system.
Continue to implement the comprehensive and supporting reform of the judicial system, and strengthen the basic reform measures such as the classified management of prosecutors, the responsibility system for prosecutors’ case handling, and the guarantee of prosecutors’ performance of their duties; earnestly implement legal empowerment, and innovate the system of public interest litigation, procuratorial, and leniency systems for admitting guilt and accepting punishment. Follow the law of justice, self-pressurize to promote the systematic adjustment of internal institutions, set up special procuratorial institutions for minors, implement the integration of arrest and prosecution, and comprehensively promote circuit procuratorial; , Public interest litigation case-handling rules, and a strict list of prosecutors' powers; reformed the concept of prosecutors, created and launched the "case-case ratio" judicial quality and effectiveness evaluation standard, and reduced 864,000 idle procedures and endogenous cases in the past two years.
Consolidate and deepen the reform achievements, focusing on the implementation of procuratorial responsibilities.
The Supreme People's Procuratorate has initiated accountability for 246 criminal wrongful cases that have been corrected since 2018, and directly supervised the handling of 22 cases of wrongful detention for more than ten years, including the "Zhang Yuhuan case" and "Zhang Zhichao case", and strictly held 511 prosecutors accountable. , including 134 members of the relevant procuratorate team and 122 retirees.
"Lifelong accountability" is not a slogan. Error correction cannot stop at state compensation, and accountability must fall to the responsible subject.
Pay more attention to strong base orientation.
With the development of economy and society, the main contradiction in the construction of grass-roots procuratorates has been transformed from the shortage of money and materials to the inability to keep up with the quality and ability of people.
Adhering to the principle of using points to lead the way and complementing the weak, the Supreme People's Procuratorate and provincial and municipal procuratorates have fixed-point assistance and targeted policies. Of the 129 weak grass-roots procuratorates sorted out, 82 have changed their appearances from weak to strong.
Organized unified training for legal professional qualification examinations, and the number of people who passed the procuratorial organs in the western region increased by 22.5% year-on-year.
The procuratorial business application system 2.0 was launched, and online case handling was iteratively upgraded; Zhejiang’s experience was promoted, the application of big data was deepened, and a big data platform for procuratorial case handling was built. Technology made legal supervision more powerful and efficient.
Ladies and gentlemen, under the supervision of the people, the people's procuratorate strives to perform its duties voluntarily in accordance with the law.
Consciously accept the supervision of the People's Congress.
Thoroughly implemented the spirit of the work conference of the Central People's Congress, the Supreme People's Procuratorate invited 865 NPC deputies to inspect work, participate in public hearings and other procuratorial activities; earnestly handle 252 written suggestions made by deputies; Opinions and suggestions to improve the work; implement the suggestions of representatives, promote the experience of Shandong, and establish a connection mechanism in 16 provinces, autonomous regions and municipalities, and convert the suggestions of representatives into public interest litigation prosecutorial suggestions.
Consciously accept democratic supervision.
Participated in the biweekly consultation symposium of the National Committee of the Chinese People's Political Consultative Conference to discuss the protection of minors; carefully handled 69 proposals of the Chinese People's Political Consultative Conference; visited the Central Committee of the Democratic Party for 4 consecutive years, and implemented all the 244 proposals received face-to-face, and the provincial procuratorates visited simultaneously.
Consciously accept the constraints of performance.
The public prosecution cases that were acquitted by the court were reviewed on a case-by-case basis, and those who were improperly prosecuted were held accountable in accordance with the law; the cases that the public security organs submitted for reconsideration and review were re-examined, and 313 people changed their original decisions.
Consciously accept social supervision.
The publicity of procuratorial affairs has been further improved. Typical cases have been published on a regular basis, and online and offline procuratorial open day activities have been carried out on a regular basis, and people's supervisors have been invited to supervise procuratorial case-handling activities for 117,000 person-times.
People's democracy in the whole process makes fairness and justice more visible, evaluable, and perceptible.
Over the past year, party committees at all levels have paid more attention to procuratorial work.
The main responsible comrades of the provincial party committees all gave instructions on the implementation of the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era", and 23 provincial party committees have issued implementation opinions, providing strong leadership and support for procuratorial performance.
Ladies and gentlemen, since the 18th National Congress of the Communist Party of China, the Party has led the people to usher in a new era of socialism with Chinese characteristics.
Along with the historic achievements and historic changes in my country's socialist rule of law construction, the people's procuratorial undertaking is enjoying the best period of development and is undergoing an overall reshaping.
This is rooted in the leadership of General Secretary Xi Jinping, the scientific guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core; thanks to the strong supervision of the National People's Congress and its Standing Committee, and the strong support of the State Council , the democratic supervision of the National Committee of the Chinese People's Political Consultative Conference, the cooperation and restraint of the National Supervisory Commission and the Supreme People's Court, all democratic parties, federations of industry and commerce and people without party affiliation, all people's organizations and local party and government organs at all levels, representatives, members and all sectors of society are enthusiastic about, Support and help.
On behalf of the Supreme People's Procuratorate, I would like to express my heartfelt thanks!
We are soberly aware that compared with the higher requirements of the party and the people, there is still a big gap in procuratorial work.
First, learning, thinking, practicing and comprehending Xi Jinping's thought on the rule of law still needs to be deepened and implemented, and the concept of procuratorial needs to be continuously updated; second, based on the domestic and international overall situation, the pertinence and effectiveness of serving and guaranteeing high-quality economic and social development are not enough; third, "four The development of "big procuratorial" is uncoordinated, and legal supervision is still lacking and insufficient; fourth, the basic work at the grassroots level is still outstanding, and some procuratorial policies and work arrangements have not been implemented; fifth, there are weak links in comprehensive and strict governance and inspection. And so the case has learned a lot.
The problem is the responsibility, and we must work harder to solve the problem and start a new situation.
2022 work schedule
The Sixth Plenary Session of the 19th Central Committee of the Communist Party of China issued a mobilization order to achieve the second centenary goal.
In 2022, procuratorial organs must adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly study and implement Xi Jinping Thought on the Rule of Law, closely focus on the main line of service guarantee, study and implement the 20th National Congress of the Communist Party of China, focus on the theme of high-quality development, and adhere to The general tone of the work of seeking progress while maintaining stability, deepen the implementation of the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era", adhere to "steady progress, implementation, and improvement", and actively perform their duties in accordance with the law to promote the construction of higher-level institutions. Safe China and the rule of law in China create a safe and stable political and social environment for the successful convening of the 20th National Congress of the Communist Party of China.
第一，坚持稳进，切实担当服务保障高质量发展政治责任。落实总体国家安全观，从严从细从实抓好防风险、保安全、护稳定、促发展各项工作，坚决维护国家安全、社会安定、人民安宁。统筹落实少捕慎诉慎押刑事司法政策、认罪认罚从宽制度，更实做好诉源治理。落实反有组织犯罪法，常态化开展扫黑除恶斗争。坚决打击“村霸”，促进基层社会治理，推进更高水平的平安法治乡村建设。妥善办好涉疫案件，助推依法防控。从严追诉侵害妇女、儿童、老年人、残疾人等特定群体人身权利犯罪。对国企民企、内资外资、大中小微企业等各类市场主体予以同等司法保护，全面推开涉案企业合规改革，落实第三方监督评估机制。持续深化知识产权综合司法保护，更好服务数字经济和创新发展。从严惩治非法集资、洗钱等金融犯罪，持续加大互联网金融犯罪惩治力度，切实维护金融安全，同时力促追赃挽损。加强反垄断、反暴利、反不正当竞争司法，支持和引导资本规范健康发展。持续加大惩治网络犯罪力度，从严惩治网络诽谤、侵犯公民个人信息、电信网络诈骗等犯罪。加强民生司法保障，服务巩固拓展脱贫攻坚成果和全面推进乡村振兴。贯彻习近平生态文明思想，加强生态环境司法保护，共护美丽河湖、绿水青山。深化军地检察协作，坚决惩治涉军犯罪，加强军事设施保护等国防和军事领域公益诉讼，坚定维护国防利益和军人军属、退役军人合法权益。
第二，狠抓落实，切实担当助推全面依法治国新征程法治责任。坚持敢于监督、善于监督、勇于开展自我监督，推进“四大检察”一体发展、融合发展，形成法律监督合力，切实维护公平正义。加强监检衔接，完善配合制约机制，更好服务反腐败斗争大局。健全行政执法与刑事司法衔接机制，落实侦查监督与协作配合机制，更加有效防治有案不立、有罪不究、以刑事案件名义插手民事经济纠纷。抓实对监狱、看守所巡回检察，加强对减刑、假释、暂予监外执行案件的法律监督，积极探索对社区矫正机构巡回检察。持续抓好民法典贯彻实施，深化民事行政诉讼精准监督。常态化推进行政争议实质性化解，探索对履行职责中发现的行政机关违法行使职权或不行使职权行为的监督。在办好法律明确赋权领域公益诉讼案件的同时，积极稳妥办理网络治理、金融证券、知识产权、文物和文化遗产保护、妇女权益保障等新领域案件。坚持和发展新时代“枫桥经验”，深入贯彻信访工作条例，巩固深化群众信访“件件有回复”、治理重复信访成果。落实“谁执法谁普法”普法责任制，以案例为载体，加强法治宣传教育。大力加强未成年人检察工作，做实检察官担任法治副校长，促进未成年人保护法律规定落实再落实。完善跨行政区划法律监督机制。加强司法解释和案例指导，深入推进统一法律适用工作。
Third, continue to improve, and earnestly assume the responsibility of realizing the high-quality development of the procuratorial work itself.
Deepen the training of all staff on Xi Jinping's thought on the rule of law, in-depth study, thinking and practice, and continuously improve political judgment, political understanding, and political execution.
Carry out quality construction year activities, improve legal supervision capabilities, and ensure high-quality economic and social development with high-quality development services for procuratorial work.
Deepen comprehensive and strict governance and inspection, consolidate and expand the achievements of party history learning and education and political and legal team education and rectification, normalize the investigation and rectification of judicial maladies and chronic diseases, and encourage prosecutors to fulfill their responsibilities with strict management and love.
Deepen the integration of political and business training, carry out targeted menu training, strengthen the learning and application of scientific and technological knowledge in new fields, and vigorously cultivate the professional spirit and professional ability of the procuratorial team.
Then identify a group of relatively weak grass-roots procuratorates, and press ahead to strengthen the foundation.
Deepen the reform of the judicial system, follow up and lay a sound "patch", and improve the efficiency of the reform.
Strengthen the management of "cases" and "people", and check productivity from scientific management.
Implement the procuratorial big data strategy to empower legal supervision in the new era.
Ladies and gentlemen, on the road of realizing the great rejuvenation of the Chinese nation, the people's procuratorial cause has embarked on a new journey.
We will unite more closely around the CPC Central Committee with Comrade Xi Jinping at its core, anchor the grand blueprint drawn up by the CPC Central Committee, carry forward the great spirit of party building, implement the requirements of this meeting, focus on politics, take into account the overall situation, seek development, and focus on self-improvement. Faithfully perform the function of legal supervision, welcome the victory of the Party's 20th National Congress with practical actions, and make new contributions to building a modern socialist country in an all-round way!