The person in charge of the Supreme Prosecution Management Office answers reporters' questions on the main case data of national prosecutors from January to September 2021
On October 18, the Supreme People's Procuratorate released the main case data of the nation's procuratorial organs from January to September 2021.
The "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era" (hereinafter referred to as the "Opinions") puts forward higher requirements for the high-quality development of procuratorial work.
In the context of the implementation of the "Opinions", what are the new characteristics of the case-handling data of procuratorial organs across the country?
The person in charge of the Case Management Office of the Supreme People's Procuratorate answered reporters' questions.
Reporter: From January to September this year, what are the overall changes in the major case-handling data of procuratorial organs across the country?
Person in charge of the case management office: Since this year, the procuratorial organs across the country have been guided by Xi Jinping’s thoughts on socialism with Chinese characteristics in the new era, implemented Jinping’s thoughts on the rule of law, earnestly implemented the "Opinions," and gave full play to the legal supervision functions, serving the overall situation, and serving the people’s justice. The "Four Major Prosecutors" and "Ten Major Businesses" have all made new progress, and their performance is obvious in terms of case-handling data.
In terms of criminal prosecution, procuratorial organs across the country handled a total of 940,036 arrests, a year-on-year increase of 34.7%; handled 1,693,233 cases of review and prosecution, a year-on-year increase of 29.6%; corrected 38,899 missed arrests (missed prosecutions), a year-on-year increase of 8.9%; Activity supervision was 47,633 times, a year-on-year increase of 30.1%; 6,733 protests were filed, a year-on-year increase of 8.9%.
In civil prosecution, 197,336 civil supervision cases were handled, a year-on-year increase of 51%; in administrative prosecutions, 44,024 were handled administrative supervision cases, a year-on-year increase of 27.1%; in public interest litigation prosecutions, 138,924 clues were handled, a year-on-year increase of 12.3%.
In the process of handling cases, 68,885 public hearings were held simultaneously; 15,354 procuratorial suggestions concerning social governance were put forward through case handling.
In general, the number of legal supervision and handling of procuratorial organs has continued to increase, the quality of supervision has been continuously improved, and the efforts to serve the high-quality development of the economy and society have been continuously strengthened.
Reporter: What changes have been brought to the quality and effectiveness of criminal procuratorial cases by the reform of the case-handling model of the “integration of arrest and prosecution”, the leniency system for confessing guilt and punishing, and the application of the “case-to-case ratio” evaluation index?
Person in charge of the case management office: In recent years, procuratorial organs across the country have innovated in reforms and kept upright in innovation.
The three most important reforms in criminal procuratorial work are the three most important reforms in criminal procuratorial work, including the reform of the mode of arrest and prosecution in one case handling, the system of lenient admissions and punishments, and the application of the "case-to-case ratio" evaluation indicators. promote.
In terms of the quality of case handling, from January to September 2021, 670,755 arrests were approved, a year-on-year increase of 20.6%, while the number of people who did not prosecute after arrest, was found innocent or not liable for criminal responsibility fell by more than 20 percentage points year-on-year; indicted 1273051 The number of persons withdrawn from prosecution has increased by 15% year-on-year, while the number of withdrawn prosecutions has dropped by more than 20% year-on-year.
The number of people convicted of not guilty or not liable for criminal responsibility fell by 6 percentage points year-on-year.
It can be seen that with the increase in the number of arrests and prosecutions, the number of withdrawn prosecutions and acquittal and not criminally responsible cases has significantly decreased, and the quality of case handling has improved significantly.
From the perspective of case handling efficiency, with a 30% increase in the number of cases accepted for review and prosecution, the time limit for handling cases has been shortened compared with the same period last year.
From January to September 2021, the average period of investigation and prosecution by prosecutors nationwide was about 40 days, which was about 5 days less than last year. From the perspective of case handling, the prosecutors nationwide returned 99,440 supplementary investigations, a year-on-year decrease of 56.9%, accounting for the need to handle the same period. 7.1% of the cases, a year-on-year decrease of 14.3 percentage points; 38,211 cases of extended review and prosecution period, a year-on-year decrease of 83.9%, accounting for 2.9% of the cases that need to be handled in the same period, a year-on-year decrease of 19.1 percentage points.
Unnecessary litigation links are reduced, case handling time is shortened, crimes can be punished as soon as possible, damaged social relations can be repaired as soon as possible, and the people's evaluation of case handling activities has been continuously improved.
Reporter: From January to September this year, what new practices and new results did the procuratorial organ have in serving high-quality economic and social development?
Person in charge of the case management office: The socialist market economy is an economy governed by law, and the "Opinions" require that "the legitimate rights and interests of enterprises are protected in accordance with the law."
Procuratorial organs across the country give full play to their legal supervision functions, improve their supervision mechanisms, and insist on cracking down and protecting against economic crimes, especially private economic cases, so as to provide legal guarantees for high-quality economic and social development.
For example, in order to further improve the securities and futures crime procuratorial system and mechanism, the Supreme People’s Procuratorate established the Supreme People’s Procuratorate’s Procuratorate in the China Securities Regulatory Commission in September 2021, with the aim of cracking down on securities and futures crimes and maintaining capital market order.
From January to September this year, a total of 57 persons were accepted for review and prosecution for crimes of illegal disclosure and non-disclosure of important information, compared with 13 persons and 3 persons in the same period of the previous two years; 166 persons were accepted for crimes of manipulating securities and futures markets, compared with 97 persons in the same period of the previous two years. There were 60 persons; 77 persons were involved in the crime of accepting insider trading and divulging inside information, compared with 42 persons and 33 persons in the same period of the previous two years.
For another example, in order to thoroughly investigate and deal with money laundering crimes and continue to promote anti-money laundering work, the Supreme Procuratorate and the People’s Bank of China have specially issued and punished typical cases of money laundering crimes.
From January to September, procuratorial organs across the country prosecuted 14,811 people for money laundering crimes and crimes involving money laundering for covering up, concealing criminal proceeds, and proceeds from criminal proceeds, a year-on-year increase of 2.8 times.
Among them, 580 were money laundering crimes, an increase of 81.8% year-on-year. Anhui and other places handled the first batch of self-money laundering crimes after the implementation of the "Criminal Law Amendment (11)."
For another example, in order to give full play to procuratorial functions and serve to ensure high-quality economic and social development, procuratorial organs are actively doing a good job in the healthy development of private enterprises.
From January to September this year, a decision of no prosecution was made against 1,681 suspected criminal units and 16,704 personnel from non-state-owned companies, enterprises and institutions, up 3.4% and 12.8% year-on-year respectively.
At the same time, the procuratorial organs in-depth advance the pilot work of corporate compliance reform, urging companies to make compliance commitments and carry out compliance rectifications.
From January to September, 10 compliance reform pilot areas handled 329 corporate compliance cases, and conducted evaluations and audits of 124 cases involving third-party supervision and evaluation agencies.
For example, in the case of a company’s environmental pollution handled by a procuratorate in Jiangsu Province, the procuratorate made a compliance inspection decision on the company, and the company actively carried out compliance rectification. After evaluation and review by a third-party supervision and evaluation agency, it passed the compliance inspection, Finally, the company made a decision not to prosecute.
Through corporate compliance, striving to make companies "survive", "retain" and "operate well" is a positive response of the procuratorial organs to ensure the major decisions and deployments of the "six stability" and "six guarantees", which not only promotes the compliance and law-abiding operation of the enterprises involved. , It also warns companies that potentially lack regulatory constraints to develop in compliance with the law and create a legal business environment.
Reporter: Are there any new results in implementing the criminal policy of "less arrests, prosecutions and detentions"?
Person in charge of the case management office: In April this year, the Supreme People’s Procuratorate clearly stated in the "Procuratorial Work Development Plan during the 14th Five-Year Plan Period" that the criminal policy of "less arrests, prosecution and detention" should be implemented.
From January to September this year, procuratorial organs across the country have achieved significant results in reducing unnecessary detention. The pre-litigation detention rate was 49.8%, a decrease of 2.4 percentage points year-on-year.
On the one hand, local procuratorial organs actively changed their working concepts during the process of handling cases, and strictly examined the necessity of arrests centered on social danger.
From January to September this year, procuratorial organs across the country did not approve the arrest of 279,050 people, with a non-arrest rate of 29.6%. Among them, 134,102 people were not arrested without arrest, accounting for 48.1%, an increase of 11.2 percentage points year-on-year, making it the most non-arrested category. On the other hand, procuratorial organs across the country intensified their efforts to review the necessity of detention to avoid "one detention to the end."
Especially in July this year, the six-month special activity of the Supreme People’s Procuratorate for the review of the necessity of detention organized by procuratorial organs across the country actively promoted the implementation of the criminal policy of “less arrests, prosecution and caution”.
From January to September, after reviewing the necessity of detention, 34,995 detainees were changed compulsory measures or released, a year-on-year increase of 62.5%.
At the same time, various localities have also innovated alternative detention measures. For example, Zhejiang procuratorial organs have developed the "non-custodial code" APP, and Shandong procuratorial organs have used smart bracelets for criminal suspects under non-custodial measures to ensure that suspects receive necessary control and arrive in time. Under the premise of the case, they can return to normal life as soon as possible.
It should be said that these specific measures to implement the policy of “less arrests, prosecution and detention” have adapted to the changes in the criminal structure of our country, optimized the system of compulsory measures, and also helped to improve the quality and effectiveness of judicial case handling, better protect human rights, and better To promote social governance.
Reporter: Tell us about the latest developments in the "100-Day Tackling Operation of Judicial Workers' Duty Crime Investigation".
Person in charge of the case management office: The Supreme Procurator has deployed the "100-Day Tackling Action for Duty Crime Investigation by Judicial Staff" in procuratorial organs at all levels across the country in early June 2021, focusing on the problems of judicial injustice and judicial corruption that the people have strongly reported. , Focus on investigating and prosecuting a number of duty crime cases committed by judicial staff using their powers.
From January to September this year, procuratorial organs across the country filed 1,453 cases of crimes related to judicial staff and 1,840 persons, up by 92.7% and 79.3% year-on-year respectively. From June to September, a total of 800 cases were filed with 1,011 persons, accounting for 1-9 54.9% of the total number of registered cases per month.
Judging from the crimes involved, there were 503 people for dereliction of duty, 422 people for favoritism, 390 people for abuse of power, 163 people for commutation, parole, and temporary execution outside prison, and 63 people for execution of judgments and convictions for abuse of power. Five The total amount of crimes accounted for 83.8%.
Among them, investigating and prosecuting the crimes of commutation for favoritism, parole, and temporary execution outside prison were only 27 in the same period last year, an increase of 5 times year-on-year, which highlights the effectiveness of the special rectification of stubborn diseases in the procuratorial agency's service guarantee.
The "Hundred-Day Tackling Action" effectively cooperated with the ongoing education and rectification of the national political and legal teams, digging into the stubborn problems in the law enforcement and judicial links, and intensifying the investigation and handling of related duty crimes by judicial staff.
Next, this type of crime is estimated to have a rising period.
In order to better serve and ensure the deepening and solidification of the education and rectification of the political and legal teams, the Supreme Procurator has recently extended the "Hundred-Day Tackling Action" to the end of the second batch of educational rectification in mid-November, contributing to the purity of the political and legal team and the promotion of judicial credibility.
Reporter: The People's Procuratorate's Civil Litigation Supervision Rules have expanded the scope of cases in which procuratorial organs initiate supervision procedures according to their powers. What data can procuratorial organs share with us in terms of performing their duties ex officio?
Person in charge of the case management office: The "Opinions" emphasized that civil prosecutions should improve legal supervision methods such as protests and procuratorial suggestions, and enhance the initiative, accuracy and effectiveness of supervision.
On August 1 this year, the "People's Procuratorate Civil Litigation Supervision Rules" were formally implemented. The "Rules" moderately expanded the scope of cases in which supervision procedures were initiated ex officio, and the proactive supervision of civil prosecutions was significantly enhanced.
From January to September this year, in civil prosecution supervision cases, 86,488 cases were accepted ex officio, an increase of 73.7% year-on-year, accounting for 58.9% of the number of directly accepted cases, an increase of 8.8 percentage points year-on-year.
Among the civil effective judgment cases, 9978 cases were accepted ex officio, a year-on-year decrease of 7%; among civil trial supervision cases, 35,339 cases were accepted ex-officio , 41171 cases were accepted ex officio, an increase of 95.1% year-on-year, accounting for 81.6%, an increase of 10.2 percentage points year-on-year.
Local procuratorial organs take various forms to actively discover clues to supervision.
For example, the procuratorial agency of a certain city in Heilongjiang Province took the initiative to carry out special supervision activities for false litigation in the field of "three capitals" in rural areas, and issued 36 procuratorial recommendations for retrial, 10 procuratorial recommendations for trial procedure violations, and implementation of illegal procuratorial recommendations for rural "three capitals" false litigation cases. 4 pieces.
The performance of procuratorial work has promoted the construction of a new socialist countryside, safeguarded national food security, and contributed procuratorial wisdom and procuratorial power to the promotion of rural grassroots governance.
For another example, the procuratorial agency in a certain district of Zhejiang Province, relying on the "Civil Judgment Wisdom Supervision System", found that there were illegal acts of citizen agency in the trial activities of 110 civil cases, and issued procuratorial recommendations to the court, effectively regulating citizen agency behavior and promoting social legal services. healthy growth.
Reporter: What new measures does the administrative prosecution have in practicing the concept of "penetrating supervision" and participating in social governance?
Person in charge of case management: The "Opinions" emphasizes that when administrative prosecutors discover that administrative organs illegally exercise their powers or fail to exercise their powers in performing their legal supervision duties, they can issue procuratorial recommendations in accordance with the law to urge them to correct; in performing their legal supervision duties Carry out the substantive resolution of administrative disputes and facilitate the settlement of the case.
Procuratorial organs across the country practice the concept of "penetrating supervision" through special supervision and supervision of similar cases, and give full play to the function of "supporting two with one hand" to promote the resolution of common problems in administrative litigation.
For example, in the process of carrying out administrative litigation supervision, 7832 procuratorial recommendations were issued in accordance with the law for administrative agencies’ failure to perform effective judgments, illegal exercise of powers, or non-exercise of powers. This is an increase of 1.6 times compared with the same period last year. And the modernization of governance capabilities.
For another example, from January to September 2021, 4,937 administrative disputes were substantially resolved nationwide. The first three quarters of this year increased quarter by quarter to 1,017, 1899, and 2021, respectively. The second and third quarters increased by 86.7% and 6.4 respectively. %.
Another example is the implementation of the special activity of "Supervision of Administrative Non-litigation Execution in the Field of Land Law Enforcement Investigation", which adheres to the principle of comprehensive review, which not only supervises the fair justice of the people's courts, but also promotes the administration of administrative organs in accordance with the law.
Shandong Zaozhuang City Court started with the case of "separation of adjudication and enforcement". While supervising the handling of non-litigation enforcement cases by the people’s courts, it "penetratively" dealt with the violations of administrative agencies’ non-compulsory enforcement in 19 administrative non-litigation enforcement cases. Supervised and issued procuratorial suggestions. After receiving the procuratorial suggestions, the administrative agency completed the demolition of illegal buildings occupying 5,423 square meters of land within its jurisdiction, which not only maintained judicial authority, but also effectively protected the red line of the land from infringement.
Reporter: What are the key points worth paying attention to in public interest litigation prosecution in protecting the vital interests of the people?
Person in charge of case management: The "Opinions" emphasized that public interest litigation prosecutions should increase the handling of public interest litigation cases in traditional key areas such as ecological environment and resource protection, food and drug safety, and actively and steadily expand the scope of public interest litigation cases.
It should be said that most public interest litigation cases concern the most immediate and practical interests of the general public. Procuratorates across the country continue to strengthen public interest litigation procuratorial work, and protect the people’s various issues in a more comprehensive, in-depth, and higher-quality manner. right.
On the one hand, actively carry out supervision in traditional legal fields. For example, the national procuratorial organs focus on online and offline sales of edible agricultural products, food, health food, false propaganda, illegal advertising and other key areas that do not meet safety standards to carry out special supervision. From January to September, food A total of 21,346 public interest litigation cases in the field of drug safety were filed, representing an increase of 15.4% year-on-year, accounting for 17.2%, an increase of 0.3% year-on-year; 18,359 cases were announced or proposed pre-litigation prosecution recommendations, an increase of 22.4% year-on-year; 1414 public interest litigations were filed in courts, A year-on-year increase of 64.6%, accounting for 6.6% of the total number of cases filed, an increase of 2 percentage points year-on-year. The prosecutors implemented the "four most stringent" requirements for food and drug safety with active inspections.
On the other hand, the field of public interest litigation continues to expand legally.
The "Personal Information Protection Law of the People's Republic of China" clearly authorizes procuratorial organs to initiate public interest litigation for the protection of personal information.
From January to September, a total of 814 cases were filed in the field of personal information protection, 692 pre-litigation procedures were carried out, and 243 lawsuits were filed, which effectively strengthened the protection of personal information security.
A criminal case involving 11 persons infringing on citizens' personal information handled by a procuratorate in Jiangsu Province filed a criminal incidental civil public interest lawsuit with the court through “one case and two investigations”, requiring the offender to bear the public interest damage responsibility of eliminating the danger, apologizing, and compensating for losses; In handling the case of bank staff infringing citizens’ personal information, a procuratorate in Guangdong Province found that the banking supervision department was not well supervised. It urged the banking and insurance supervision department to perform its duties in accordance with the law through pre-administrative prosecution recommendations, and promoted the banking industry to improve its supervision and management capabilities. Effectively strengthen the security protection of bank customers' personal information.
Reporter: After the implementation of the "Law on the Protection of Minors of the People's Republic of China", what special systems and methods does the procuratorate have for the protection of minors? What data can I share with us?
Person in charge of the case management office: The "Opinions" emphasized that the judicial protection of minors should be strengthened, and the protection system that combines professionalization and socialization should be improved.
Taking the opportunity of implementing the "two laws", procuratorial organs across the country make full use of the features of uninspected work, promote the implementation of the "six major protections" for minors, and protect the rights and interests of minors in multiple dimensions.
On the one hand, severely punish crimes against minors.
From January to September, prosecutors nationwide prosecuted 42,859 people for crimes against minors, a year-on-year increase of 7.2%.
At the same time, actively implement the mandatory reporting system of the Juvenile Protection Law. From June 2020 to September 2021, the Shandong Provincial Procuratorate has found 58 cases through mandatory reports, including 32 rape cases and 16 indecent cases, increasing the number of detections. And the intensity of the punishment of crimes.
On the other hand, implement special procedures to increase the comprehensive protection of minors.
For example, increase the legal supervision of the guardianship of minors.
From January to September this year, procuratorial organs across the country accepted 524 cases of revocation of guardianship, a year-on-year increase of double; supported 198 individual prosecutions and supported 105 cases of unit prosecution; during the same period, 242 cases of guardianship were revoked and 202 procuratorial suggestions were made.
For another example, actively promote the judicial assistance work for minors, and grant judicial assistance to the victimized minors to ensure the smooth progress of their studies and life.
Another example is the promotion of special preventive education for minors. From January to September, procuratorial organs across the country carried out special prevention for those who did not approve arrest, do not prosecute, were sentenced to punishment, and were not under the age of criminal responsibility without penalty for 2004, an increase from the same period last year. 34.7%, integrated education and rescue into the whole process of handling juvenile cases.
In addition, local procuratorial organs, while handling cases, focus on governance at the source of crime, and promote social governance by performing procuratorial supervision functions in accordance with the law.
For example, a certain procuratorate in Shanghai, in handling a case of minors being infringed in on-demand theaters, found that there were regulatory "blind spots" in the emerging industry of film and television, and promptly issued procuratorial recommendations to relevant administrative departments to promote the administrative departments to implement on-demand theater industry standards. Remediation work.
The dual goal of controlling the source of crimes against minors and escorting the development of new business forms has been achieved.
Reporter: What are the new developments in the prosecution of accusations and appeals?
Person in charge of the case management office: The "Opinions" emphasized the development of the "Maple Bridge Experience" in the new era, the improvement of the prosecution mechanism for complaints and appeals, the improvement of the system for handling public letters and visits, and the introduction of hearings to handle difficult cases to effectively resolve conflicts and disputes.
Procuratorates across the country have gradually established a normalized mechanism for managing repeated letters and visits, and implemented a system for grassroots court leaders to handle the first letter and visit cases. The fourth-level courts have jointly made efforts and implemented multiple measures to complete the development of various indicators such as the completion rate and the number of appeals and strikes. Good, the effect is obvious.
As of September 2021, procuratorial organs across the country have completed 15,660 cases of 16,656 repeated letters and visits in the special work of centralized management of repeated letters and visits, with a resolution rate of 94%.
At the same time, the prosecution departments of the national procuratorial organs adhered to the principle of "hearing all hearings", and practically resolved a number of criminal complaints.
A total of 5,676 public hearings were conducted from January to September, an increase of 1.3 times year-on-year, of which 2413 were simple public hearings, accounting for 42.5%.
The chief prosecutor presided over 2936 hearings, accounting for 51.7% of the total.
After the public hearings, the parties agreed with the procuratorial agency’s handling opinions in 5,352 cases, accounting for 94.3%, of which 4205 cases had clearly stated that they would stop the appeal, accounting for 74.1%.