Procuratorial Answer Sheet for Actively Performing Duties and Integrating into National Governance
——Perspective behind the drafting of the work report of the Supreme People's Procuratorate
Xu Ridan
Heaven rewards diligence, changing with each passing day.
On the morning of March 8, at the Great Hall of the People in Beijing, Zhang Jun, the chief procurator of the Supreme People's Procuratorate, delivered a report on the work of the Supreme People's Procuratorate at the Fifth Session of the 13th National People's Congress.
This is an extraordinary "spring appointment".
The past year marked 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 specially 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", drawing a grand blueprint for procuratorial work in the new era. .
On a new journey in a new era, how can procuratorial organs implement Xi Jinping's thought on the rule of law and shoulder the heavier responsibilities entrusted by the party and the people?
21 pages, 11,900 words, behind the work report, what kind of answers did the 210,000 prosecutors give?
The reporter walked into the Supreme People's Procuratorate a few days ago to find the answer behind the report...
Write reports with a high degree of responsibility to the people
Make the report stand up to the judgment of the people
"The times are the examiners, we are the answerers, and the people are the examiners." In order to answer this procuratorial answer, in early November 2021, the drafting group of the Supreme Procuratorate's work report was formally established.
The leaders of the Supreme People's Procuratorate have presided over several special meetings to study and discuss the drafting of the report, and put forward a series of clear requirements for the writing ideas, framework, key content and language style of the report.
"The drafting team and various business departments and bureaus closely focus on the higher requirements put forward by the party and the people in the new era, jointly study and sort out the highlights of each line, and extensively collect data from various provincial procuratorates, focusing on content selection, text expression, data use, etc. We will conduct repeated discussions to ensure that the key points of the report and the inspection work are highlighted and the people's concerns and concerns are responded to effectively." The person in charge of the drafting team told reporters.
From the colorful late autumn to the spring breeze in March, it took 4 months to draft the work report of the Supreme People's Procuratorate, from the draft to the draft for comments and then to the draft for review. .
From January 5th to January 14th, Zhang Jun intensively visited the Central Committees of the eight major democratic parties to seek opinions and suggestions in person.
From January 21 to February 21, Zhang Jun presided over 4 symposiums successively to revise and improve the report, strengthen and improve the procuratorial work, and listen to the opinions and suggestions of representatives, experts, scholars and people from all walks of life.
"The typical cases of compliance of the companies involved are very typical and vivid. Can you be more specific?"
"The public hearing of the procuratorate is very effective. Can the introduction in this regard be further strengthened?"
"The report needs to find a point of empathy and worry about what the people are anxious about; find a point of resonance and think about what the people think; find a point of consensus and wish the people what they want."
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When talking about problems, don’t shy away from it;
"We must live up to everyone's expectations, live up to the aspirations of the masses, write the report well, do a good job in the procuratorial work that supports the report, and make the party and the people's procuratorial career better and stronger, so that everyone is satisfied, the people are satisfied, and the procuratorial work is better. Excellent procuratorial performance welcomes the victory of the 20th National Congress of the Communist Party of China!" Every time they solicited opinions, the leaders of the Supreme Procuratorate responded in a targeted manner.
At the same time that the Supreme People's Procuratorate held a symposium to solicit opinions and suggestions, the "Work Report of the Supreme People's Procuratorate (Draft for Comments)" was simultaneously sent to the relevant departments of the central and state organs, the four main responsible comrades of the provinces, autonomous regions and municipalities directly under the Central Government, and the internal organs of the Supreme People's Procuratorate. Established institutions, directly affiliated institutions, provincial procuratorates, etc. to extensively solicit opinions and suggestions.
A piece of advice and suggestions, like a gurgling water, come one after another.
"Behind the opinions and suggestions are the recognition and support of the procuratorial work of various units, and the different types of judicial needs presented by the people in all walks of life." The person in charge of the drafting team said that the revision of the work report is not to make the text better, but It is to respond to the expectations of the people and to satisfy the people is fundamental.
For each revised opinion received, the drafting team carefully analyzed and judged the report and the actual inspection work.
For example, focusing on the crime of human trafficking that everyone is concerned about, the report specifically adds the cases of prosecuting crimes of human trafficking and buying women and children in the past 20 years in the content of "Resolutely Safeguarding National Security and Social Stability", and clearly proposes "implementing the "China Action Against Human Trafficking" "Plan (2021-2030)", the prosecution of human trafficking crimes will continue to be strict; at the same time, it will form a joint force with relevant departments to comprehensively rectify, and resolutely prosecute and severely punish crimes of buying, not rescuing, or obstructing the rescue of abducted and trafficked women and children."
"Every opinion and suggestion has brought a lot of inspiration for the drafting team to revise the draft. Incorporating and implementing these opinions and suggestions will help the people to feel that fairness and justice are at hand with better procuratorial performance." The members of the drafting team were deeply touched. .
Responsible to the people, the content must be accurate.
In the office of the person in charge of the drafting group, the reporter saw different versions of the draft report with dense traces of revisions, signed by Zhang Jun and Tong Jianming.
Two of the revised dates were February 4 and February 6, which were during the Spring Festival holiday.
"How many of the criminal cases of abducting and trafficking in women and children are historical backlogs" "The pilot work of the compliance reform of the companies involved should clarify the legal significance of strict management and love for the enterprises"... The leaders of the Supreme Procuratorate reviewed and revised the report word by word, involving key tasks and key content in color Markers are clearly marked.
"During the drafting process, the leaders of the Supreme Procuratorate repeatedly instructed the drafting team that the work report should reflect the characteristics of the times, convey new judicial concepts, and use detailed data and vivid cases to prove the effectiveness of various procuratorial work, not to exaggerate achievements, nor to avoid problems. We must take a highly responsible attitude to the people and approve every detail of the report to ensure that it is accurate and can stand up to the people's judgment." The person in charge of the drafting team told reporters.
Also archived on his computer are drafts of the report, marked with different dates.
From content adjustment and case replacement, to word selection and sentence creation, and the accurate use of punctuation marks, behind each of the face-painted manuscripts is the night after night of bright lights, and it is also a vivid footnote that the drafting team strives to the extreme and makes the people satisfied.
A main thread runs through the whole article
Actively perform duties in accordance with the law and practice Xi Jinping's thought on the rule of law
It is not difficult for careful readers to find that the work reports of the Supreme People's Procuratorate in recent years have a main line that runs through the whole article, clearly showing the thinking and context of the Supreme People's Procuratorate's work in handling the procuratorial duties-2019 is "people-centered", and 2020 is "people-centered". "Keeping the original intention and taking on the mission", 2021 is the "acting responsibility".
The main line of this year's work report is "actively performing duties according to law".
"The main line of the report was not 'written' by the drafting team, but a natural reflection of the procuratorial organs' implementation of Xi Jinping's thought on the rule of law. It was done by 210,000 procurators." The person in charge of the drafting team told reporters that in recent years, the top procuratorial party group has repeatedly emphasized It is necessary to deepen understanding and make full use of the national legal system, continue to deepen and implement supervision and handling of cases, take the initiative to serve the overall situation of the work of the party and the country, and better protect the fundamental interests of the people.
In particular, in the study and education of party history last year, the Supreme Procuratorate's party group clearly stated that "they can perform their duties in accordance with the law."
——Having a "big country" in mind, actively performing duties in accordance with the law in the overall development and security, giving full play to the role of the rule of law in regulating, guaranteeing and leading, and serving the good start of the "14th Five-Year Plan".
- Adhere to the people-centered approach, perform duties in accordance with the law in the conduct of procuratorial affairs 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.
—— Actively perform their duties in accordance with the law in the restriction and supervision, promote the self-correction and reduction of mistakes of the law enforcement and judicial organs, promote strict law enforcement and impartial justice, and contribute to the construction of the rule of law in China.
——In judicial case handling, it is necessary to focus not only on the end and treatment of existing diseases, but also on the front end and treatment of untreated diseases.
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.
—— Actively invest in the study and education of party history and the education and rectification of political and legal teams, forge a loyal, clean and responsible procuratorial team, and improve the ability and level of active performance of duties in accordance with the law.
As the main line of the work report of the Supreme People's Procuratorate, "active performance of duties according to law" can be fully and comprehensively explained in the work review section of 2021.
The annex, as an extension of the report, can be described as "God's assistance" for the delegates to better understand the procuratorial work.
It is worth mentioning that this year, in addition to the two regular appendices "Relevant Terms and Case Descriptions" and "Prosecution Work Illustrations", an innovative appendix "Interpretation of Important Issues in the Report" has been added, in the form of 10 questions and answers. On the key tasks that the deputies continued to pay attention to, they added a more detailed report, which more comprehensively and accurately presented the effectiveness of the procuratorial organs in implementing Xi Jinping's thought on the rule of law over the past four years.
"This National People's Congress is the fifth meeting of the 13th National People's Congress and the 13th National Committee of the Chinese People's Political Consultative Conference. When reporting on the work in 2021, we should also look back on the work since 2018, and continue to pay attention to the deputies. Under the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, the procuratorial organs have fully implemented Xi Jinping Thought on the Rule of Law, insisted on performing their duties proactively in accordance with the law, and steadily moved forward along the path of Socialism with Chinese Characteristics for the rule of law. In a small-scale discussion, the leader of the Supreme Prosecutor emphasized.
Relieve people's worries
The report always has a sentence written for "you"
"The people's livelihood and measures for the people in the procuratorial work are like the sunlight outside the window at the moment, and it feels very warm." In the process of soliciting opinions on the report, members of the All-China Youth Federation, representatives of the Beijing Municipal People's Congress, and Beijing Wuerji Culture Media Co., Ltd. The words of Meng Lingyue, chairman of the company, resonated with everyone present.
Procuratorial work is inextricably linked to the people, and there is always a sentence written for "you" in the work report of the Supreme People's Procuratorate.
As Meng Lingyue said, this year's Supreme People's Procuratorate's work report specifically listed "judiciary for the people". Focusing on the concerns of the masses, it not only reported on protecting the people's good life, but also reported on practical measures such as activating the judiciary to warm the grassroots.
Implement the law on the protection of minors, integrate judicial protection into family, school, society, network and government protection, and form a joint force to make "1 + 5 > 6 = real"; The procuratorial organs supported the prosecution of 44,000 cases in accordance with the law, such as the protection of the rights of disabled persons, the divorce of women who suffered domestic violence, and the demands for wages from migrant workers, an increase of 80.9% year-on-year...
"The elderly, women, children, entrepreneurs, farmers, migrant workers, police officers, doctors, military family members, compatriots from Hong Kong, Macao and Taiwan, overseas Chinese, and the disabled can all find the procuratorate's warm heart in safeguarding their rights and interests in the report. These measures really show the true feelings of the procuratorial organs for the people." Deputies to the National People's Congress Li Xiaolin, Gao Zicheng, Chen Fuli, Jia Wenqin, Zhang Zhiyong and others expressed their approval of the work report of the Supreme People's Procuratorate during the solicitation of opinions, believing that the procuratorial organs are in the protection of the rights and interests of the people. Take responsibility and work hard to solve the people's worries, troubles, and worries.
"Most of the cases handled by the procuratorial organs take place around the masses. Every case is about law, politics, accumulation or erosion of fairness and justice. It is a 'big case' for the people involved and their families. Perform duties to relieve the people's distress and worries, build a solid foundation for the party's governance, and strive to make the people feel that fairness and justice are at hand." The Supreme Prosecutor has always emphasized.
To solve the people’s worries, the report mentioned such a set of data-the 2.79 million letters and calls received in the past three years were all informed within 7 days of “received, who is handling it”, and the response rate within 3 months exceeded 90% .
Leading cadres take the lead in handling difficult and complex petition cases, and the first petitions accepted by the grassroots procuratorate are all handled by the leaders of the procuratorate.
Procuratorial public hearings were fully launched, with 105,000 hearings throughout the year, 3.5 times that of 2020, and the resolution rate of petition cases was 76.5%.
Compared with 2019, the total number of petitions, the number of repeated petitions, and the number of petitions up to the highest inspection decreased by 4.7%, 7.5% and 8.9% respectively last year.
To solve the troubles of the people, the report listed some cases such as the private prosecution of the courier woman who was rumored to be derailed and transferred to the public prosecution, and the guiding case for the protection of citizens' personality rights was published successively.
Wu Mou downloaded a photo of a woman and her grandfather from the Internet, compiled it into an "old husband and young wife" spoof and released it, with more than 470 million views.
Guangdong public security organs filed a case for public prosecution, and the procuratorial organs approved the arrest.
To solve the people's worries, the report tells a story - a victim was robbed to death, his wife took care of three elderly people and two children alone, the Hunan procuratorate provided judicial assistance, and coordinated non-profit organizations for the children who were admitted to college Provide subsidies and coordinate civil affairs departments to help them apply for subsistence allowances, and grassroots people can truly feel the warmth of the party and the government.
"Online virtual space, governance according to law must be practical", "Let those who wantonly harm the public pay a higher price", "Use the rule of law to safeguard the rights and interests of heroic martyrs and defend the glory of heroic martyrs", "Judiciary must strive to pursue substantive justice, not just legality in form"... By enumerating practical measures one by one and expressing one sentence straight to the heart, the people have felt the sincerity and attitude of the procuratorial organs for the people of justice from the report.
"Job" is handling the case
"Responsibility" is to promote the governance of the source of complaints through legal supervision
General Secretary Xi Jinping emphasized that we will continue to promote the modernization of the national governance system and governance capacity on the track of the rule of law.
In recent years, procuratorial organs have actively participated in national governance, and their achievements in promoting the governance of China with procuratorial supervision and safeguards are particularly outstanding.
"The whole report reflects that the procuratorial organs are more deeply integrated into national governance by actively performing their duties in accordance with the law, especially the use of a section to report the source of complaints. This is the first time in the work report of the Supreme People's Procuratorate, and it is also an innovation in the work report." Drafted. said the group leader.
In the process of soliciting opinions, people from all walks of life and relevant departments have paid great attention to the governance of the source of lawsuits. They believe that the procuratorial organs, by actively performing their duties, prevent the occurrence of social conflicts and reduce the occurrence of judicial cases from the source. The construction must not only focus on the end, cure the disease, but also focus on the front end, and treat the disease before."
The governance of the source of complaints is the most prominent manifestation of the procuratorial organs' ability to perform their duties in accordance with the law.
In this regard, the Supreme Procuratorate's Party Group emphasized that the "duties" of the procuratorial organs are in judicial case handling, and the "responsibility" is to use legal supervision to promote the governance of the source of complaints, do a good job in addressing both the symptoms and root causes, and better play the role of the rule of law in guiding, regulating, and guaranteeing reform, development and stability. .
Through the work report of the Supreme People's Procuratorate, we have seen the procuratorial practice and effectiveness of the source of complaint governance——
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.
In order to prevent the enterprise from getting into trouble due to the case, continue to implement procuratorial policies such as the application of probation suggestions to the person in charge of the enterprise who can not be arrested for business-related crimes in accordance with the law, who can not prosecute, and who can not be sentenced to actual punishment; The pilot compliance reform of the enterprises involved in the case: if it is not necessary to arrest or prosecute according to the law, the enterprise involved shall be instructed to make compliance commitments and make practical rectifications; jointly establish a third-party supervision and evaluation mechanism with 8 departments including the State-owned Assets Supervision and Administration Commission of the State Council and the All-China Federation of Industry and Commerce, judicial, law enforcement, Industry supervision joins hands to show love through strict management.
This is a duty performance innovation that integrates terminal processing and front-end governance, which is conducive to promoting the law-abiding operation of the enterprises involved, preventing recidivism, and at the same time warning other enterprises and promoting the governance of the source of complaints.
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.
Last year, 385,000 people were not arrested and 348,000 people were not prosecuted, an increase of 28.3% and 1.5 times respectively compared with 2018; supplemented by public hearings, interpretation of the law, judicial assistance, etc. 37.4%, and the number of victims who refused to accept the complaint dropped by 11.2%.
Fully implementing the leniency system for admitting guilt and accepting punishment will help resolve conflicts, promote harmony, and achieve endogenous social stability.
The procuratorial organs actively lead the exhaustion, the system application rate exceeds 85%, and the first-instance judgment rate is 96.5%, which is 22 percentage points higher than other criminal cases, and a large number of appeals and appeals have been reduced from the source.
Procuratorial supervision cannot be satisfied with correcting individual cases, but must focus on source governance.
The Supreme People's Procuratorate and the Ministry of Public Security issued opinions to jointly set up the Office of Investigation Supervision and Cooperation to promote the improvement of the quality of investigation and case handling with strong cooperation and more practical supervision.
Create a prison circuit inspection system, and first investigate the responsibility for the ineffectiveness and ineffectiveness of dispatched prosecutors for problems found.
The responsibilities of the supervisor and the supervised have been fulfilled, and commutation, parole, and temporary execution outside prison will not happen.
Promoting source governance with procuratorial recommendations.
Repeated and large-scale illegal crimes are all related to the basic work of social governance.
Since 2018, the Supreme Procuratorate 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, and provincial procuratorates have moved forward simultaneously.
In response to the issue of express delivery safety, in 2021, the "No. 7 Procuratorial Recommendation" 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.
Transform the advantages of the procuratorial public interest litigation system into the effectiveness of social governance.
The best judicial state is to achieve the purpose of safeguarding the public interest before litigation, and to promote governance at the source through consultation and pre-litigation procuratorial suggestions.
For the very small number of procuratorial suggestions that have not been implemented and a lawsuit must be filed, efforts should be made to make the case a sample of legal education, handle a case, warn a piece, and educate the society.
"Case" is a high-frequency word in the report, and it is also a solid measure for the procuratorial organs to perform their duties and promote the governance of the source of complaints.
This year's report on the work of the Supreme People's Procuratorate reported the situation of guiding cases and typical cases issued by the Supreme People's Procuratorate at the beginning. This is the first time in many years.
"In 2021, the Supreme People's Procuratorate released the 25th to 32nd batches of guiding cases, a total of 37 cases in 8 batches." The reporter learned that as early as 2010, the Supreme People's Procuratorate established a case guidance system, and by 2017 A total of 9 batches of 38 Guiding Cases were released.
Since 2018, the Supreme People's Procuratorate has established a new case steering committee, which has released 102 cases in 25 batches and 1,206 cases in 168 batches of typical cases in four years.
Last year, a procuratorial case database was also built, which has recorded 166,000 cases.
"Guiding cases and typical cases can more intuitively display the spirit of law, value judgment, and order rules in the form of judicial cases. Case investigators can use this to guide and supervise the handling of cases, and they can also interpret the law based on cases to convey judicial concepts. , to enhance the people's awareness of law-abiding, guide everyone to use legal weapons to protect their legitimate rights and interests, and then eliminate potential social conflicts and disputes." CCTV special commentator and vice president of China Reform News Yang Yu said.
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The year 2022 is an important year for us to enter a new journey towards building a modern socialist country in an all-round way and towards the second centenary goal.
The reporter especially noted that in the work arrangement section for 2022, the report still emphasizes that "steady progress, implementation, and improvement" will be adhered to, and that they will perform their duties in accordance with the law, and promote the construction of a higher level of safe China and the rule of law in China. The Great Victory held to create a safe and stable political and social environment - this made everyone see the perseverance and tenacity of the "one blueprint to the end" of the Supreme Prosecutor's work!
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.
In the new era, procurators will live up to the people and their mission, and continue to walk the new long march of the party and the people's procuratorial cause!