Since the 19th National Congress of the Communist Party of China, the national procuratorial organs have been guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implemented the spirit of the 19th National Congress of the Party and the Second, Third, Fourth and Fifth Plenary Sessions of the 19th Central Committee, and fully implemented Xi Jinping The rule of law, insisting on deepening in consolidation and consolidating in deepening, continued to promote comprehensive and supporting reforms of the judicial accountability system, actively explored procuratorial practice innovation and system innovation, and formed a number of practices and measures that are practical and effective in work, typical and reproducible Highlights of sexual reform.
In order to promote reforms and encourage innovation in an orderly manner, the Supreme People's Procuratorate organized relevant departments to collect and select relevant cases from September 2020, and introduce local procuratorial reform experience in batches in the form of typical cases.
The first batch of typical cases of procuratorial reform released this time implements the spirit of the Central Committee's Work Conference on Comprehensive Rule of Law and the 2020 Comprehensive Deepening Reform Promotion Conference in the Political and Legal Fields, focusing on "promoting the construction of law enforcement judicial restriction and supervision mechanism", and selected the following aspects Case:
The first is to strengthen the legal supervision function, and spare no effort to serve and protect the overall work of the party and the country.
In recent years, the Supreme People’s Procuratorate has worked with relevant ministries and commissions to establish a coordination mechanism to carry out special actions such as clearing the Yellow River, protecting the Yangtze River, and protecting the ocean, and jointly promote the resolution of regional environmental pollution problems.
In order to implement the requirements of General Secretary Jin Ping to "jointly protect and promote great governance", the Henan Provincial Procuratorate and the Provincial River Chief’s Office implemented the spirit of General Secretary Jinping’s important speech, and the province fully implemented the "He Chief + Inspector General" system. Based on functional reality, boldly innovating the case-handling model has played a positive role in promoting the comprehensive management of the province's ecological environment and serving the overall situation of economic and social development, achieving a win-win situation.
The second is to improve the legal supervision system of procuratorial organs and enhance the effect of legal supervision.
For example, the procuratorial organs read the main and sub-files of civil litigation supervision cases in the people's courts, which is conducive to comprehensive and in-depth civil trial and execution supervision work, and safeguards judicial justice and authority.
Heilongjiang Procuratorate took the lead in the country to realize that the procuratorates at all levels in the province can read the original and secondary files of civil trial files and civil execution files of courts at all levels in the province, which opened the way for civil procuratorial supervision to advance to a deeper level.
For another example, in response to the continuous decline of serious violent crimes in my country, and the continuous increase of legal and light crimes, but the high rate of pretrial detention, procuratorial organs across the country implement the criminal policy of combining leniency and strictness, earnestly implement the system of plea guilty and punished leniency, and deal with light crimes. , Negligent crimes, juvenile crimes and other cases, actively promote the "non-custodial principle, custody as an exception" criminal procedure new pattern.
The Procuratorate of Dongying City, Shandong Province has established a “three-in-one” non-custodial litigation model with full-process review of the necessity of custody, comprehensive protection of non-custodial litigation, and support from the whole society as the main content. The system and measures to reduce pre-trial detention will be integrated into criminal litigation. The whole process.
The third is to improve the internal control and supervision system of procuratorial organs, and build an internal supervision and control system that meets the requirements of the reform of the judicial responsibility system and standardizing the operation of procuratorial power.
Chief Prosecutor Zhang Jun emphasized on many occasions that the prosecutors should really feel the pressure of work and the "difficult life".
While creating a case quality evaluation index system and mechanism centered on the "case-to-case ratio", the Supreme Procurator formulated and improved working rules that complement the "four major prosecutors", strengthened the supervisory responsibilities of the chief prosecutor and business department heads, and improved case management The system implements unified and centralized management and process monitoring for case-handling work, and promotes the realization of the balance of law enforcement and judicial power and responsibilities, the combination of decentralization and supervision, and the unity of justice and efficiency at a deeper level.
The Haiyan County Procuratorate of Zhejiang Province firmly grasps the development opportunities brought by digital empowerment procuratorial work, develops "case code" procedures, and implements source control, dynamic tracking, and full-process supervision for early intervention and review of arrest cases.
The Shaanxi Provincial Procuratorate promoted “face-to-face” procuratorial supervision, strengthened “focused” topic selection of central work, “face-to-face” inquiries through video conferences, on-site research and guidance, “point-to-point” inspections, and party group research on “realistic” notifications, which effectively strengthened the internal supervision of the inspection Effective.
The fourth is to strengthen the professional competence of legal supervision and enhance the ability of procuratorial supervision.
Procuratorial organs at all levels actively adapt to the higher and stricter requirements of the new era. On the basis of improving the professional capabilities of prosecutors, they insist on "wisdom assistance", inviting legal experts, expert judges, lawyers, etc. to participate in case review, research and judgment, and use "external brains" Promote prosecutors to improve their case handling capabilities.
Shanghai Baoshan District Procuratorate earnestly implemented the Supreme People’s Procuratorate’s Provisions on Several Issues Concerning the Designation and Employment of Persons with Specialized Knowledge to Participate in Case Handling (for Trial Implementation), give full play to the professional expertise of specialized technical personnel, and provide technical support for the promotion of the “four major prosecutions”; Strong scientific and technological inspections will deeply integrate big data, "Internet +" and "Artificial Intelligence +" and other new technologies and new thinking with supervision and case handling.
The Procuratorate of Lanzhou City, Gansu Province explored the establishment of a public interest litigation big data application platform to connect with administrative law enforcement units to automatically identify illegal behaviors reflected in clue data, quickly study and judge the list of subjects and powers with regulatory responsibilities, and improve the accuracy of case handling .
Entering the "14th Five-Year Plan" period, the procuratorial organs will further enhance the overall view, consciousness and continuity of procuratorial reform, benchmarking against the new requirements for high-quality economic and social development in the new stage and the people’s new expectations for procuratorial work. Implement new development concepts, build a new development pattern, promote high-quality development and other strategic goals and tasks, focus on key links and key areas, coordinate the implementation of comprehensive reforms of the judicial accountability system, accelerate the construction of the law enforcement judicial restriction and supervision system, and strengthen system innovation Linkage and linkage to improve the overall efficiency of reforms.