"Integration of complaints" compacts the responsibility of each case handler
Highlights of national procuratorial work to improve quality and efficiency
□ Reporter Cai Changchun
In 2019, with the implementation of the reform of the procuratorial organs throughout the country to implement the reform of the internal institutions, the "integrated arrest" mechanism for criminal cases has been fully implemented. From the initial controversy in 2018 to the formation of a broad consensus in 2019, which has been affirmed by many parties, the "integration of arrests and prosecutions" has witnessed the progress of the judicial system reform.
In one year, how did the national procuratorial organs implement the mechanism of "integrated arrests and prosecutions"? What are the specific results of the operation of this mechanism and what are the highlights? The reporter reveals your secrets one by one.
Fully promote from top-level design to grass-roots practice
In October 2017, the Nineteenth National Congress of the Communist Party of China made important arrangements for deepening institutional reforms, requiring overall consideration of various institutional settings, scientific allocation of party and government departments and internal institutional powers, and clear responsibilities. The Third Plenary Session of the Nineteenth Central Committee specializes in deepening the reform of the party and state institutions, and on February 28, 2018, reviewed and approved the Decision of the Central Committee of the Communist Party of China on Deepening the Reform of Party and State Institutions. The principle clearly stated that "adherence to a type of matter is, in principle, coordinated by one department, and in principle, one department is responsible for one thing."
The "Decision" adopted by the Third Plenary Session of the Nineteenth Central Committee provided a fundamental follow-up for the reform of the "integration of arrest and prosecution" in criminal cases of procuratorial organs, which has accelerated the pace of this exploration.
At the beginning of the new year in 2019, at the first press conference held that year by the State Council Information Office, the Supreme People ’s Procuratorate announced to Chinese and foreign reporters that the Supreme People ’s Procuratorate formed ten business institutions, highlighting the systematic, holistic, and restructuring of the reform of internal institutions. Among them, the criminal case implements the "integrated arrest" mechanism. The "integration of arrest and prosecution", that is, the arrest, prosecution, litigation supervision, supplementary investigation, criminal complaint, etc. of a criminal case, are all handled by a prosecutor or a case handling team.
This signifies that the “integrated arrest and prosecution” case-handling mechanism has been determined with the reform of the procuratorial organs to reform the internal institutions.
It was at this press conference that a reporter mentioned that the industry had discussed the "integration of complaints" mechanism before. In response, the Supreme Prosecutors admitted that some experts and scholars initially disagreed. Later, the procuratorate invited them to the local prosecutor's office, courts, and lawyers to listen to all aspects of opinions. Later, everyone's ideology and concepts changed significantly. Now that the understanding has been agreed, the next step is how to run it well, manage it well and implement it in 2019.
The Supreme People's Procuratorate also gave an example to illustrate that in the special fight against wickedness and eliminating evil, some places have implemented "integration of arrest and prosecution", and a case-handling team has been set up to handle cases of arrest and prosecution. The efficiency and quality have also proved to have been greatly improved.
During the two sessions in 2019, Lu Hongbing, member of the National Committee of the Chinese People's Political Consultative Conference, commented on the "Interview with the Two Sessions" of the Justice Network: The procuratorial organ fully implemented the "integration of arrest and prosecution" mechanism, which not only improved the professional level of the procuratorial team, but also handled cases through specialized criminal proceedings The mechanism improves the efficiency of criminal procuratorial work and helps to improve and strengthen criminal procuratorial work.
In 2019, the Supreme People's Procuratorate will pay close attention to the implementation of the "integration and prosecution" mechanism.
"A type of criminal prosecution business is handled by an agency, a case handling team, and a sponsoring prosecutor; the same arrest and prosecution of the same case is the responsibility of the same prosecutor. By improving the case handling mechanism, the" integration of arrest and prosecution "is in the quality of handling the case The advantages of efficiency and efficiency are brought into play. "The National Prosecutor General Meeting held in January 2019 made a clear deployment.
"Correctly grasp the relationship between procuratorial supervision and procuratorial case handling, strengthen supervision and efficiently handle arrest cases, and the 'integration of arrest cases' must be fully implemented during the year." The seminar of the General Prosecutor held on July 20, 2019 again made the request.
On December 30, 2019, the Supreme People's Procuratorate issued the revised "People's Procuratorate Criminal Procedure Rules", further standardizing and institutionalizing the "integrated arrest" case handling mechanism, perfected the case review method and handling mechanism, and strengthened the connection of arrest work.
From top-level design to basic-level practice, during this year, the "integration of prosecution" not only broke the traditional "multi-person relay" case handling model, saved judicial resources, but also guided investigation and evidence collection, implemented the judicial responsibility system, and encouraged procuratorial organs to participate in society Governance and other aspects have played an important role.
The procuratorial organ of Zhejiang Province has created a "reform sample" in the overall implementation of the "integration and prosecution integration" case handling mechanism. In April 2019, Zhejiang Procuratorial Organs comprehensively launched the reform of the “integrated arrest and prosecution” case handling mechanism; in June 2019, the “Procedures for Zhejiang Procuratorate Integrated Criminal Case Prosecution and Integral Handling (Trial)” was launched to build a scientific division mechanism , Optimizing the review mode, clarifying the review standards, and strengthening litigation supervision, four aspects have been standardized. Before September 2019, 11 prefectures and cities in Zhejiang Province have completed the reform of the "integrated arrests" case handling mechanism.
"Implementing 'integration of arrest and prosecution' will enable prosecutors to grasp the evidence collection at different links of the investigation organs, which will help guide investigations and strengthen investigation supervision in a timely manner." Huang Shenglin, deputy inspector general of the Zhejiang Procuratorate, told reporters that the establishment of the Beilun District Procuratorate in Ningbo The supervision mechanism is based on no arrest, no prosecution and public security organs withdrawing cases, relying on the dispatch of public security organs' prosecutor's office, prosecutors can actively participate in guiding supplementary investigations as needed, and urge the public security organs to comprehensively reinforce the evidence in a timely manner.
"The prosecutor undertaking can more accurately understand and grasp the evidence standard of the court hearing during the review and approve the arrest, and thus more strictly grasp the standard of evidence for the arrest. From January to November 2019, the national procuratorate made 280,000 of the 1.277 million people who accepted the review arrest People made a decision not to approve arrests. The rate of non-captures reached 21.9%, 10.7% higher than the same period in 2009 ten years ago, and the number of non-arrested persons was 168,000. "On December 3, 2019, the 33rd prosecution inspection was opened During the day's event, the set of data introduced by Luo Qingdong, deputy director of the First Prosecutor's Office, showed the changes.
Procuratorial organs self-pressurize and improve quality and effectiveness
On the morning of August 23, 2019, Wu Xinhua, head of the eighth prosecution department of the Xicheng District Procuratorate in Beijing, made a special trip to the Xicheng District Court to retrieve the video of the prosecutor's indictment in court that month.
Why did the procuratorial organ obtain the video of the public prosecution in court that month?
"The video meeting will be handed over to the specially established judicial case supervision working committee." Wu Xinhua told reporters that the working committee will take collective review of the video as the main form, focusing on monitoring whether the appearance of the court is standardized and other content.
Focusing on the problem of weak supervision and control that may occur after the implementation of the "integration of arrests and prosecutions" case handling mechanism, the Xicheng District Procuratorate of Beijing actively promotes the construction of the supervision and control system for procuratorial management, explores the implementation of an open review mechanism for judicial case supervision, and reviews the video of the court hearing of the month, which is the public review One of the contents of the mechanism. The Judicial Case Supervision Working Committee, which is responsible for reviewing video recordings, is mainly composed of full-time members of the Procuratorial Committee of the Institute, heads of the procuratorial business department and the Procuratorate Supervision Department.
"The process of reviewing the video is like a doctor's consultation." Li Weiguo, the inspector general of the hospital, said that the members of the committee will communicate with the prosecutor and feedback in time to form a review report and report to the inspector general. At the same time, comment on the prosecution committee.
In order to allow the “integration of arrest and prosecution” to effectively play the role of improving quality and effectiveness of supervision, in the past year, like the Xicheng District Procuratorate in Beijing, the procuratorates of various regions have cultivated their own “magic weapon”.
The “Procedures for Integrating the Handling of Criminal Cases and Prosecutions by Zhejiang Procuratorial Organs (Trial)” promulgated by the Zhejiang Procuratorial Organs deal with criminal cases from four aspects: constructing a scientific division mechanism, optimizing the examination mode, clarifying the examination standards, and strengthening litigation supervision It was regulated.
The Prosecutor's Office of Yuhua District, Changsha City, Hunan Province is focusing on building a judicial case evaluation mechanism with a "case-to-case ratio" index system as the core, and taking multiple measures to improve the quality and efficiency of case handling.
The "case-to-case ratio" is a "barometer" for the quality and effectiveness of the procuratorial organs in handling cases. The lower the index, the less the number of cases of "return to the furnace", the smoother the litigation process and the higher the quality. Since the implementation of the “integration of arrest and prosecution” case handling mechanism, the Yuhua District Procuratorate has regulated the procedures for early intervention of major cases, handled the review and arrest, strictly controlled the withdrawal of the investigation and prosecution cases, strengthened the tracking and supervision of the investigation work, and improved the guidance of investigation. Effectiveness and other measures should improve the "evidence" and "facts" of the case from the source to improve the quality and effectiveness of the case.
The Procuratorate of Suining City, Sichuan Province signed the "Suining Integrated Case-involving Case-handling and Supervision Regulations" with the Municipal Party Committee Political and Legal Committee, the Municipal Intermediate Court, the Municipal Public Security Bureau, and the Municipal Judicial Bureau Federation, through the establishment and improvement of target positioning, list of powers, review division, etc. 11 sectors, effectively solve the problem of "single and prosecutor integration" single case handling resources, insufficient cooperation and poor connection, and truly build a new model of party committee political and legal committee leadership, procuratorate leadership, court, public security and judicial collaborative review and intensive supervision, Implement "supervise in handling cases and handle cases in supervision".
"After the implementation of the" integration of arrest and prosecution ", in 2019, the city's procuratorial organs stepped in to guide the investigation work in advance, and nearly 20% of the cases were intervened in advance when the arrest was requested, which is a significant increase compared with 5% in 2018. Big. "Du Bin, deputy inspector general of the Taizhou Procuratorate in Zhejiang Province, told reporters.
The revised "People's Procuratorate Criminal Procedure Rules" further standardizes and institutionalizes the "integration of prosecution" case handling mechanism, improves the case review method and handling mechanism, strengthens the connection between arrest and prosecution work, upholds the prosecutor's objective and fair position, and implements The requirement of “supervising while handling cases, handling cases while supervising” attaches importance to guaranteeing the rights of participants in litigation, guiding investigation and obtaining evidence, strictly excluding illegal evidence, and ensuring that innocent people are not prosecuted by criminals and guilty people are justly punished. For example, according to Article 287 of the Rules, in order to prevent the phenomenon of “posting a case” after a non-approved arrest, the procuratorial organ should urge the public security organ to promptly withdraw the case or terminate the investigation of the criminal suspect who has no criminal facts or should not be held criminally responsible. .
The various efforts to improve quality and efficiency and strengthen supervision are the self-pressurization of the procuratorial organs, and also ensure the healthy and orderly development of the "integrated arrest" mechanism.
The overall quality and effectiveness of criminal prosecution for one year
After the implementation of the "integration of arrest and prosecution", the repetitive work of the case contractors is reduced, the supplementary investigation work is also more continuous, and the time for handling cases is significantly shortened, which is the most intuitive embodiment.
After the Procuratorial Organ of Baoji City in Shaanxi Province implemented the “Integrated Arrest and Prosecution” case handling mechanism, the review and arrest cycle was shortened by an average of 1.3 days, and the review and prosecution cycle was shortened by an average of 3.5 days; the average time for review and prosecution of the Wucheng District Procuratorate in Jinhua City, Zhejiang Province was from 46.5 days before the reform Shortened to 14.5 days after the reform; the average time for the prosecution in Pinghu City, Zhejiang Province to review and prosecute was shortened from 27 days before the reform to 14 days after the reform ...
With the passage of time, the institutional advantages of the “integration of arrest and prosecution” continued to increase.
The Second Branch of the Beijing Procuratorate used the advantages of the "integration of arrest and prosecution" mechanism in the handling of an insider trading case, and applied the guilty plea and punishment system to break the "offense and defense alliance".
In July 2013, China Electronics and Information Industry Group Co., Ltd. planned to inject three subordinate subsidiaries into a listed company called Shensangda. According to Article 75 of the Securities Law, this matter is inside information before it is made public, and the sensitive period of inside information is from February 25 to May 23, 2014.
Wen Chao was the general manager of one of the merged companies at that time, and he was an insider of inside information. After Wen Chao learned the above inside information at work, he worked with Cao Ling (handled separately) to use the stock accounts of “Yao Wenxin”, “Cao Ling” and “Sidaan International Logistics (Beijing) Co., Ltd.” from May 5 to 2014. During the 22 days, the company purchased more than 1.92 million shares of "Shen Sangda A" stocks, with a total transaction value of more than 16.3 million yuan, and a total profit of more than 18.93 million yuan.
After the case, Wen Chao and others refused to plead guilty, and established an "offensive and defensive alliance" with relatives and friends.
Prosecutor Jiang Xingwei of the Fourth Prosecution Department of the Second Branch of the Beijing Procuratorate as the case undertaker, after fixing the key evidence of the case, together with colleagues, outline the supplementary investigation outline to follow up, supervise and guide the follow-up forensics work.
How to crack this "zero confession" case? Jiang Xingwei put the breakthrough on breaking the "offensive and defensive alliance". After explaining the reasoning, Cao Ling explained his criminal facts, and eventually the "Alliance" broke down, consolidating the evidence of the defendant's human super crime. A "zero confession" case was resolved.
On June 18, 2019, the court heard the case, fully adopted the opinion of the procuratorial organ, sentenced Wen Chao to six years in prison for insider trading, and fined RMB 20 million and recovered more than RMB 18 million in illegal income.
Coincidentally. In 2019, the Procuratorate of Deqing County, Zhejiang Province, handled the country's first case of using the "Quick Hand" live broadcast platform to provoke trouble. From the early intervention in the investigation stage, urging effective arrest, to the prosecution supervision at the review and prosecution stage, the application of the leniency system for pleading guilty and punishment, and the suggestion of precise sentencing in the trial stage, the successful handling of the case fully leveraged the advantages of the "integration and prosecution integration" mechanism , To ensure the quality of case handling.
From the beginning of 2018 to April 2019, the "fast hand" anchor Wang Mou took the initiative to ask fans for the phone number, owner information, etc., live broadcast of insults, intimidation of others, and accompanied by computer simulation of gunshots to set off the "atmosphere", more than 50 times ...... All this is just to increase the fan activity in the live broadcast room. In the meantime, three fans including Guimou assisted Wang's "rough" live broadcast by brushing gifts, causing a very bad influence.
After the case occurred, the Deqing County Procuratorate formed an ad hoc group to intervene in advance during the investigation stage, guiding the public security organs to investigate and collect evidence and fix key evidence. From approving the arrest to reviewing and prosecuting, the undertaking prosecutor Zhu Liwen strictly checked the evidence. In the end, the three "spectators" actively apologized to the victim, and all the suspects pleaded guilty. Based on the facts of the case, Zhu Liwen applied the system of leniency of guilty plea and punishment to the accused, and put forward suggestions for the determination of sentencing ranging from eight months to one year in prison, which was eventually adopted by the court.
After a year of "run-in", a new model of criminal prosecution handling "integrated arrest" has been established.
"This model has been operating for more than a year, and the efficiency of criminal prosecutions has generally improved. In the first three quarters of 2019, prosecution agencies across the country handled a total of 1.532 million criminal cases, which accounted for 78.6% of the total number of people in need. Over the same period increased by 0.5 percentage points. "The person in charge of the highest prosecution management office told reporters that under the premise of improving the efficiency of handling cases, the procuratorate pays more attention to the review of evidence when examining arrest cases. In the first to third quarters of 2019, due to insufficient evidence The proportions of arrested cases were 53.6%, 56.7%, and 57.2%, respectively, showing a trend of increasing quarter by quarter. At the same time, efforts to guide investigations have been further intensified, and the number of early interventions has increased by a large percentage year-on-year.
In 2019, the implementation of the "integration of prosecution" case handling mechanism has not only improved the quality and efficiency of the procuratorial organ's own criminal case handling, but also promoted the resolution of social conflicts. In the new year, the procuratorial organ will continue to improve this mechanism in the "strong leadership and courageous responsibility" and contribute to the prosecution of the modernization of the national governance system and governance capabilities.
Newspaper Beijing April 27