How to solve the problem of "the case is under way"
Zhejiang established a system to rectify the stubborn disease of "no case, no investigation, no investigation, and no investigation of guilt"
□ Our reporter Chen Dongsheng and Wang Chun
□ Wu You, an intern of our newspaper
After the client reports the case, the case cannot be opened due to various reasons, and the progress of the case always waits for the sentence "still in progress". Talking about the fact that it has not been implemented... In the first batch of outstanding issues in the education rectification of the national political and legal teams notified by the National Political and Legal Team Education and Reorganization Office in June this year, "If there is a case, the case is not investigated, and the guilt is not investigated" is involved. One of the law enforcement and judicial issues with the largest number of lawsuits and petitions and the largest public opinions.
How to break the problem?
A reporter from the "Rules of Law Daily" recently walked into the Zhejiang political and legal system and learned that by highlighting the establishment of rules and regulations, Zhejiang has rectified the stubborn diseases of "no case, no investigation, and no investigation of guilt", turning the "present governance" into "long-lasting". "Established", solidified the new upgrade and new outlook, and achieved positive results.
Wang Changrong, member of the Standing Committee of the Zhejiang Provincial Party Committee and Secretary of the Political and Legal Committee, said that educating and reorganizing and handling people is not the goal, but solving the problem thoroughly is the goal.
Zhejiang's political and legal system focuses on researching and improving the theoretical and institutional results of educational rectification, using digital reforms to promote the high-quality development of political and legal work, focusing on the establishment of rules and regulations, and fixing good experiences and good practices in the form of systems and promoting them. , Turn the experience of one place into a global approach, and promote the construction of long-term and regular governance of the political and legal team.
Practice the "three abilities" spirit
Tighten the fence of the system
After discovering the suspect, he went forward, regardless of the wounds drawn by the fruit knife in his hand, and cooperated with his colleagues to capture him and bring him to justice... This is a scene that happened during the handling of the case by the policeman Tong Lirong of the Public Security Bureau of Chun'an County, Hangzhou City.
From confronting gangsters to carrying out community "anti-fraud" work day after day, to strict law enforcement and impartial justice, since the education and rectification of the political and legal teams, a number of advanced public security figures and moving deeds have emerged in the public security organs of Zhejiang Province.
"Provisions on the Work of the Law Enforcement Supervision and Administration Commission of the Public Security Organs of Zhejiang Province", "Provisions on the Supervision and Management Responsibilities of the Law Enforcement Supervision and Administration of the Police Types of the Public Security Organs of Zhejiang Province", "The Negative List System of Criminal Cases Handled by Police Stations in Zhejiang Province", "The Regulations on the Work Management of Legal Officers of Public Security Organs of Zhejiang Province"... Since the education and rectification of the political and legal teams, the Zhejiang Provincial Public Security Bureau has issued a series of rules and regulations to tighten the fence of the system and promote professional case handling.
Promote the high-quality development of public security work in the new era, and rectify the stubborn diseases such as "when there is a case but not filed and suppressed but not investigated", where does the motivation come from?
The Zhejiang Public Security Bureau responded resoundingly: Practicing the spirit of "three abilities" (can be seen in normal times, rushed out at critical moments, and survived in critical moments).
In the process of education rectification, Zhejiang Public Security has promoted the practice of the "three abilities" spirit and education rectification at the same frequency, and used this as a breakthrough point to promote public security law enforcement reforms, solidifying the results of education rectification through the establishment of rules and regulations, and realizing the transformation from “current governance” to "Long stand."
"Treatment", "If there are cases, do not register, and suppress cases, do not investigate" chronic diseases, the internal public security system needs to "scrap the bones and treat drugs" to normalize inspection and supervision.
In Zhejiang, the county-level public security organs have established a monthly notification system for the Japanese and Qing Dynasties, relying on the law enforcement case management center, integrating the supervision forces of all parties, and conducting real-time supervision and regular notification on the law enforcement source and the law enforcement process such as handling police and ongoing cases; municipal level The public security organs organize personnel to carry out online law enforcement inspections from time to time, and carry out joint rectification of problems with county-level public security organs; the Provincial Public Security Department timely adjusted the province's law enforcement online inspection data model and issued quarterly verification suspicious data. The current stock of suspicious cases has dropped significantly.
Recently, reporters came to the Law Enforcement and Case Handling Management Center of the Public Security Bureau of Luqiao District, Taizhou City, and saw that two legal police officers as a group were checking the electronic files produced by the police officers through computers and large screens.
The police told reporters that it is already normal in Luqiao to conduct full inspections of all cases handled by each team within a week.
According to reports, all members of the legal system, pre-trial, inspection and other departments are stationed in the law enforcement case management center, set up a supervision team, set up 9 positions, and use a system platform to implement 24-hour online full-process supervision and closed-loop control to minimize law enforcement problems from the source .
Supervision of law enforcement and case handling requires a two-pronged approach both internally and externally.
The reporter learned that the law enforcement and case handling management centers of the county-level public security organs in Zhejiang Province have generally set up prosecutors’ offices. The combination of permanent and rotating positions allows the procuratorial organs to keep abreast of the daily investigative work of the grassroots public security organs, and strengthen their cooperation with the public security legal system. The organic connection of supervision departments, early intervention in the supervision and guidance of difficult and complex criminal case investigations, effectively eliminate blind spots in supervision.
In addition, special patrol inspections were carried out on prominent and staged issues, and focused on solving some of the stubborn diseases in the investigation link.
Quality Supervision and Inspection
Guard the lifeline of quality and efficiency
In August of this year, the Ningbo Municipal People’s Procuratorate held a public hearing on the application for supervision of land administrative registration disputes between Huang Mouyang and others and the Yuyao Natural Resources and Planning Bureau, and the whole process was broadcast live.
The Procuratorate invited the legal representative of the Natural Resources and Planning Bureau of Yuyao City to attend the hearing, and invited deputies to the National People's Congress, CPPCC members, university professors, people's supervisors, and people's mediators to serve as hearing members. They widely accepted social supervision and enhanced the transparency of procuratorial work.
Promoting justice through openness, Ningbo procuratorate vigorously promoted public hearings, realized full coverage of the "four major prosecutors" hearings of the city's two-level procuratorates, and achieved good results of "the case is settled and people are harmonious."
The quality and effectiveness of a case is the lifeblood of judicial justice.
Since the education rectification, Zhejiang courts have set off a wave of judicial quality supervision inspections across the province by "investigating thousands of cases and hearing hundreds of courts", and have dealt with cases where courts at all levels have been revised, remanded for retrial, ordered retrial, and protested since 2017. , Cases concluded beyond the normal trial period, long-term outstanding cases that have not yet been concluded, long-term detention cases, petitions, complaints, lack of consideration for trials, and complaints about inconsistent judgment standards, etc., comprehensively use judges’ self-examination, mutual examination, and cross-examination. Courts, cross-regional cross-evaluation, and mutual evaluation of lawyers and judges, etc., have reviewed and investigated more than 42,000 cases in total.
On this basis, the Zhejiang Court strictly implements the judicial responsibility system of “letting the judges to judge and the judges responsible”. Except for deducting performance evaluation scores, deducting performance bonuses, and canceling the qualifications for the first evaluation, all parties will be held accountable. The provincial court has postponed promotion of 123 judges, 11 persons transferred from trial positions, 8 persons were ordered to withdraw from legal officers, 11 persons were disqualified from admissions, and disciplinary procedures were initiated for 4 illegal trials.
Since the full implementation of the case registration system, the courts in Zhejiang province have insisted that “a case must be opened and a lawsuit must be dealt with”. However, due to objective reasons such as large numbers of cases and few people, as well as some misunderstandings in the process of promoting the governance of the source of litigation by some courts , The issue of filing a case still needs to be further regulated.
To this end, in early September this year, the Zhejiang Higher People’s Court issued the "Emergency Notice on Fully Implementing the Registration System and Strictly Regulating the Filing of Cases." The prosecution materials must be reviewed within the statutory time limit; if the conditions for filing a case are met, the case shall be registered and filed in accordance with the law; if the case needs to be returned for correction, in addition to the one-time notification of the corrections, the contact phone number of the reviewer shall be attached to facilitate the communication of the parties; For those who still do not meet the conditions for filing a case after corrections, the parties shall be notified to bring the materials to the case filing window to submit on-site or by mail, and it is strictly forbidden to return them at will.
The on-the-spot case filing rate is not less than 98%; cross-domain case filing will be responded within 20 minutes, and the processing will be completed within 1 hour; the 12368 litigation service hotline has a response time of less than 15 seconds, and the settlement rate is not less than 99%... The People’s Court of Nanxun District, Huzhou City is pushing forward The reform of justice for the people makes the people feel the justice and warmth of justice.
A verdict on a piece of paper, only when it is finally executed will the case be settled.
In accordance with the requirements of the Zhejiang Provincial Higher People's Court to "fight for 60 days, I do practical things for the masses" to efficiently execute special actions for the people, the Shaoxing court heard the order and set off the first wave of enforcement since the beginning of winter this year.
In the case of a private lending dispute between Lu and Wei, the People’s Court of Shangyu District, Shaoxing City took a multi-pronged approach to investigate the property under the name of the person being enforced Wei, and visited and investigated Wei's possible residence many times. Wei was unmoved by the performance.
On the morning of November 9, the Shangyu court enforcement officers went straight to Wei’s residence, took away Wei who was sleeping, and urged him to perform his duties in full.
Special actions to crack down on false litigation, to deepen the special actions to clean up long-term outstanding cases, and to continue to crack down on behaviors that disrupt the order of litigation... Zhejiang court focused on key difficulties and guarded the lifeline of quality and effectiveness of cases.
Promote judicial information
Maximize the supervision effect
Intelligent trial of the whole process of the case, one-click generation of judgment documents, judges only need to confirm or simply modify... This is the scene that reporters saw when they came to the People's Court of Longgang City, Wenzhou.
Not long ago, the police of the Longgang Traffic Police Brigade seized Yang on the spot for driving drunk without a license.
After Yang returned to the case, he truthfully confessed his crime. After the procuratorate prosecuted according to law, the inspector passed the "Dangerous Driving Crime Intelligent Trial" module of the Zhejiang Political and Legal Integrated Case Handling System to verify and compare the identity information of the parties; the platform automatically extracted from the indictment After the judges identify the elements of the case one by one, the platform automatically generates more than 98% of the content of the judgment document according to the sentencing guidelines for the crime of dangerous driving.
With the help of Zhejiang's integrated case handling system of politics and law, and through the improvement of the working mechanism of “rapid response by public security organs-centralized prosecution by prosecutors-fast trial by courts-timely docking of judicial departments”, the seamless connection of detention, prosecution, trial, and judgment has been realized, and then realized 100% of criminal cases of dangerous driving are pronounced in court, judgment documents are generated in court, and delivered in court.
Breaking through data barriers, unblocking supervision channels, and the integration of political and legal case handling systems promote the construction of a more standardized and efficient law enforcement judicial restriction and supervision system, which is also a microcosm of Zhejiang's political and legal organs using informatization to help judicial justice.
"Shuzhi Supervision Cloud Platform was launched for more than a month, and more than a hundred high-quality clues were transferred to criminal prosecution, public interest litigation prosecution, prosecution prosecution and other business departments." Zhou Gongshu District People's Procuratorate, Deputy Director of the Seventh Prosecution Department Kun told reporters.
The digital intelligence supervision cloud platform launched in March of this year is based on the "rule of law map" developed by the Gongshu District Procuratorate, further innovating the procuratorial supervision model, realizing batch supervision through informatization and finding out clues based on preliminary analysis of big data. Prosecutors choose different supervision methods accordingly to maximize the effect of procuratorial supervision.
Based on data sharing, the supervision efficiency is improved through intelligent methods.
The Zhejiang Provincial Procuratorate has strengthened supervision during case handling through the investigation and supervision platform, covering the entire process of investigation and case handling.
The investigation and supervision platform automatically pushes the legal basis for supervision matters, provides comprehensive and clear supervision guidelines for prosecutors in handling cases, and effectively solves the problems of incomplete and inaccurate supervision matters; according to the four categories of minor, general, major and suspected crimes, oral supervision is adopted Correct, formulate and issue the "Investigation Activity Supervision Notice", formulate and issue the "Illegal Illegal Correction Notice", and transfer suspected criminal clues to four types of supervision methods to standardize supervision behavior.
The Zhejiang Higher People’s Court has comprehensively promoted the reform of the “Zhejiang Global Digital Court”, and will comprehensively build a case quality control system and deep integration of the major reform of the “Zhejiang Global Digital Court”, and embed various judicial personnel job responsibilities and performance guidelines into the case handling platform to achieve It can prompt, warn, leave marks, check back, and supervise all kinds of performance behaviors.
The intelligent proofreading function of judgment documents and the function of court review inspection are embedded in the case handling office platform, and the automation and intelligence level of judgment documents, electronic files, court review, and error correction are improved through digital empowerment.
Focusing on the optimization of evaluation indicators for trial execution and visualization of the operating situation, the optimization of process nodes and process monitoring of case handling quality, the iterative deepening of judicial standardization and case evaluation functions, the iterative deepening of intelligent supervision of key cases, and the standardization and deepening of judicial disclosure In five aspects, the Zhejiang Court has developed a "case management" functional module that realizes closed-loop management of the full life cycle of cases, providing support for judicial personnel to perform their duties fairly.
Zhu Chen, Executive Deputy Secretary of the Political and Legal Committee of Zhejiang Provincial Party Committee, member of the Education and Rectification Leading Group of the Political and Legal Team of the Provincial Party Committee, and Office Director, Zhu Chen said that in the next step, Zhejiang will continue to deepen the clue verification of stubborn diseases and strengthen the two batches of education to rectify stubborn diseases. The convergence of rectification, to ensure that problems are not resolved, and rectification is not in place. At the same time, we will continue to make the establishment of chapters and regulations as the key to address the root cause and cure the root cause, and focus on the use of systematic thinking and rule of law thinking. Institutional resolution of cross-problems.
Cartography/Gao Yue