At 3 pm on March 8, the Fourth Session of the Thirteenth National People's Congress held its second plenary session in the Great Hall of the People.
Zhang Jun, Chief Prosecutor of the Supreme People’s Procuratorate: Now, on behalf of the Supreme People’s Procuratorate, I will report to the General Assembly on its work. Please review it and invite the members of the National Committee of the Chinese People’s Political Consultative Conference to give their opinions.
Zhang Jun: Review of Work in 2020
Zhang Jun: The past year was extremely extraordinary.
Under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, and under the strong supervision of the National People’s Congress and its Standing Committee, the Supreme People’s Procuratorate adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, earnestly implements Xi Jinping’s thought on the rule of law, and implements the thirteenth session. The resolutions of the third meeting of the National People's Congress adopted a high degree of political consciousness, rule of law consciousness, and procuratorial consciousness, and new progress was made in various tasks.
Zhang Jun: 1. Actively participate in national governance and promote China's governance with procuratorial guarantees
Zhang Jun: Resolutely maintain national security and social stability.
Adhere to the overall national security concept, and severely crack down on the infiltration and sabotage activities of hostile forces at home and abroad.
It has always maintained a high-pressure posture against serious violent crimes such as homicide and robbery.
Zhang Jun: Carry forward the great anti-epidemic spirit in performing duties in accordance with the law to fight the epidemic and promote economic recovery.
In response to the normalization of epidemic prevention and control, 4 batches of 19 typical cases of strict prosecution have been issued regarding fraudulent nucleic acid testing and the manufacture and sale of fake vaccines.
11,000 people were prosecuted for crimes related to the epidemic.
Formulate and implement "11 opinions" to serve the "six stability" and "six guarantees."
Focus on stabilizing enterprises to ensure employment, make good use of judicial policies, and help all kinds of enterprises resume work and production, and overcome difficulties.
Vigorously punish crimes infringing on the legitimate rights and interests of private enterprises, prosecuting 23,000 people, a year-on-year increase of 2.9%.
Continue to clean up long-term unsolved cases involving enterprises. More than 2,600 cases investigated in 2019 have been supervised and completed; more than 5,000 cases were supervised and handled by the Ministry of Public Security last year to help enterprises and promote free-hand development.
Propose the application of probation suggestions for persons in charge of private enterprises involved in business crimes, who can not be arrested according to law, who can not be prosecuted, and who can not be sentenced to actual sentences. At the same time, we will explore and urge the compliance management of the enterprises involved and promote the "strict management" system. To prevent the abuse of "favorites".
At the same time, it promotes the development of the enterprise, protects the legitimate rights and interests of workers in accordance with the law, prosecutes more than 1,800 people for malicious underpayment of wages, supports migrant workers in prosecuting 11,000 cases of wage claims and rights protection, strictly distinguishes malicious arrears of wages and turnover difficulties due to lack of capital, and protects enterprises and employees with precision justice Seek long-term interests.
Zhang Jun: Promoting the special struggle against gangsters and evil has achieved an all-round victory.
Participating in a three-year special struggle, from the very beginning, it was clearly stated that "it is a crime of black and evil, not to be spared, not a crime of black and evil, but not to make up the count." The provincial procuratorate strictly controls criminal and major criminal cases.
Since 2018, a total of 230,000 people have been prosecuted for crimes involving gangs, of which 54,000 were organized, led, and participated in gang-like crimes, which was 11.9 times that of the previous three years.
For those who have not been transferred for crimes involving gangs, more than 5,700 cases were identified in accordance with the law, accounting for 15.9% of the number of prosecutions; 21,000 cases were not identified for transfers involving gangs, accounting for 36.3% of the number of cases accepted.
The public security order has improved significantly: The number of serious violent crime cases received last year was the lowest in the past 20 years.
In this special struggle under the strong leadership of the Party Central Committee, punishments were greater, the quality of case handling was better, and the “breaching of umbrellas and nets” were more stringent, and the masses of the people entered an all-round well-off with a more real sense of security.
Zhang Jun: Perform your duties in the fight against corruption.
Supervisory inspections cooperate and restrict each other, and the quality of case handling has been continuously improved.
Accepted more than 19,000 persons transferred by the Supervisory Committee for duty crimes.
Make good use of statutory special procedures such as confiscation of illegal gains and trial in absentia to promote the pursuit of escaped stolen goods.
More than 1,400 crimes committed by judicial staff were filed and investigated, a year-on-year increase of 63.1%.
Zhang Jun: Deeply implement the leniency system for confessing guilt and punishing.
This system originated from my country's economic development, social stability, obvious changes in the structure of crimes, and continued decline in serious crimes.
Promote confession of guilt and punishment, fewer arrests, prosecution and detention, which is more conducive to the resolution of contradictions and social governance.
The procuratorial organs actively perform their leading responsibilities, and work with public security organs and the people's courts to use them to the full and standardize application.
Comprehensively review the facts and evidence of the case, and do not lower the proof standard due to confession of guilt.
According to the law, 88,000 people were not arrested and 202,000 people were not prosecuted.
Pre-trial detention dropped from 96.8% in 2000 to 53% in 2020.
Throughout the year, the rate of lenient application of confessions and punishments exceeded 85%; the adoption rate of sentencing recommendations was close to 95%; the rate of first-instance convictions exceeded 95%, 21.7 percentage points higher than other criminal cases.
The judicial efficiency is higher and the case handling effect is better.
Zhang Jun: Promote and improve the social governance system.
Using typical cases to lead the rule of law and promote governance is the higher pursuit of prosecutors in handling cases.
Published 6 typical cases of non-arrest and non-prosecution for legitimate defense, and firmly defended "the law cannot make concessions to lawlessness."
After the “Kunshan Anti-Killing Case” was issued at the end of 2018, more than 800 people were not arrested or prosecuted due to legitimate defense in 2019 and 2020, which is 2.8 times the number of the previous two years.
The Internet Big V "Spicy Pen Xiaoqiu" maliciously vilified and degraded the heroes defending the country and defending the border. The Jiangsu Procuratorate quickly intervened and applied the Criminal Law Amendment that came into effect on March 1 in accordance with the law, and approved the arrest for the first time for the crime of infringing on the reputation and honor of heroes and martyrs.
The heroes must not be slandered, and the law must not be provoked.
Zhang Jun: 2. Actively integrate into the overall situation of development, and assist in an all-round well-off society with procuratorial services
Zhang Jun: Contribute procuratorial power in the decisive battle against poverty.
Make good use of the national judicial assistance system to "rescue all victims and their close relatives who are in trouble due to crimes, etc.," to prevent poverty and return to poverty due to cases.
420 million yuan was rescued for 32 thousand people, an increase of 55.2% and 61.3% respectively year-on-year.
In order to let the embezzled and misappropriated poverty alleviation funds play a role as soon as possible, promote the Yunnan experience, establish a mechanism for the rapid return of property involved in the poverty alleviation field, and change the usual practice of non-closing and non-returning.
Zhang Jun: Defend the blue sky, clear water and pure land.
Assisting in the fight against pollution, prosecuting crimes that damage ecological environment and resources, and handling related public interest litigation cases increased by 0.9% and 21% year-on-year respectively.
Wanfeng Lake is located at the junction of Guizhou, Guangxi and Yunnan. Due to disorderly aquaculture and deterioration of water quality, it has been named by the Central Environmental Protection Inspector for two consecutive years.
Governance and prevention belong to jurisdiction, and the effect is not satisfactory.
The Supreme People's Procuratorate directly filed the case, with strong support from the party committees and governments of the three places, and joined forces to prevent and control, recreating a lake and clear water.
Zhang Jun: Follow up service innovation to drive development.
Establish an intellectual property procuratorial office, integrate criminal, civil, and administrative procuratorial functions, strengthen comprehensive judicial protection with a professional case-handling team, and conduct pilot projects in 9 provinces and cities.
Handle cases involving scientific research funds carefully, identify the purpose of illegal possession, and be careful not to criminalize general violations of laws and disciplines.
Zhang Jun: Third, comprehensively promote the "four major procuratorials" and maintain fairness and justice through procuratorial supervision
Zhang Jun: Criminal prosecution is more powerful.
For the "Zhang Yuhuan Intentional Homicide Case" and other wrongful cases, we insisted that the suspected crime should never be suspected, and the wrongdoing must be corrected, and it is recommended that the sentence be changed to not guilty.
At the same time, accountability procedures have been initiated one by one for major wrong cases that have been corrected in recent years.
Error correction cannot stop at state compensation, and accountability must fall to the responsible party.
The procuratorial supervision in the Sun Xiaoguo and other cases of "serving sentences on paper", which has been widely concerned by the society, is a mere formality. We deeply reflect on the outstanding problems in the execution of penalties. The procuratorial supervision should find out that it is negligence of duty, and that it is dereliction of duty if it is discovered but not corrected or reported.
With this self-examination and self-correction, 29 prosecutors were seriously held accountable.
Innovatively implemented the patrol inspection system, directly organized cross-provincial inspections of 3 prisons, and discovered and corrected a number of serious illegal problems.
Responsibility implementation promotes work implementation.
Supervised and corrected 51,000 improper executions of commutation and parole temporarily outside prison, a year-on-year increase of 33%.
The TV series "Itinerant Prosecutorial Team" is popular, and the fairness and justice of "inside the big wall" has attracted much attention, and the responsibility of procuratorial supervision is heavier.
Zhang Jun: Civil prosecution is more accurate.
For typical cases with leading value, protest to promote uniform judicial standards and promote the resolution of similar problems.
We continued to deepen special supervision, corrected more than 10,000 false lawsuits, and prosecuted more than 1,300 people for suspected crimes, a year-on-year increase of 27.9% and 6.5% respectively.
Zhang Jun: The administrative prosecution continues to be solid.
In response to the idling of some administrative litigation procedures, special supervision has been deepened, and more than 6,300 administrative disputes have been resolved, including more than 350 cases involving more than 10 years of litigation.
Zhang Jun: Prosecution of public interest litigation has expanded in an orderly manner.
More than 150,000 cases have been filed, among which civil public interest litigation and administrative public interest litigation have doubled and 14.4% year-on-year respectively.
118,000 pre-litigation procuratorial recommendations were issued, and the response rate was 99.4%. More problems were resolved before the lawsuit.
27,000 cases of public welfare damage in new areas that have been strongly reflected to the public have been filed, which is 3.4 times that of 2019.
Zhang Jun: Build a standardized and orderly relationship between prosecution and law.
To ensure that lawyers practice law in accordance with the law is to protect the legitimate rights and interests of the parties.
Supervised and corrected law enforcement and judicial organs that prevented lawyers from exercising litigation rights in more than 900 cases, an increase of 30.5% year-on-year.
Zhang Jun: Fourth, closely follow the people’s heart, the biggest politics, and promote people’s livelihood and well-being by procuratorial work for the people
Zhang Jun: Protect the safety "on the tip of the tongue" and "under the feet".
Jointly launched the "Four Strict" special actions with the State Administration of Market Supervision and others, and worked with the Food Safety Office of the State Council to improve coordination mechanisms such as clue transfer and case notification.
Cooperate with relevant departments to issue guidance: prosecute crimes that endanger public safety, such as theft, damaging manhole covers in public places, and damaging traffic facilities.
It sorted out the problems in the construction, management, and maintenance of the manholes found in the handling of the case, issued the fourth prosecution recommendation, and urged the rectification of 176,000 hidden safety hazards.
The manhole cover must be stepped on safely.
Zhang Jun: We will do a good job in handling public hearings.
Last year, 927,000 letters and visits from the masses were received.
Timely response and careful handling have won the trust of the masses. The total number of letters and visits from procuratorial organs decreased by 4.3% year-on-year, and repeated visits decreased by 13.8% year-on-year.
For major controversies and influential cases, innovative public review will be conducted in the form of hearings.
The chief prosecutor took the lead, and the four-level prosecutors' offices covered all areas and organized 29,000 hearings, which was 10.8 times the number in 2019.
The parties were asked to clarify the matter, the hearing officers clarified the reason, and the prosecutors explained the law thoroughly. The resolution rate after the hearing was 83.7%.
Zhang Jun: Love to protect the safe and healthy growth of minors.
The Law on the Protection of Minors was revised to incorporate the system of compulsory reporting of cases of infringement of minors promoted by the Supreme People’s Procuratorate in conjunction with the Ministry of Education and the National Health Commission, and the system of checking illegal and criminal records of faculty and staff before entering employment.
Children are the future, and judicial protection must continue to be more practical.
Zhang Jun: Demonstrating the warmth and power of the rule of law.
Resolutely safeguard the interests of national defense and the legitimate rights and interests of military personnel.
Handled more than 150 military-related public interest lawsuits.
Illegal emissions from a company near a military airport seriously affected the military's combat training.
The Liaoning Military-Regional Procuratorate Agency issued procuratorial recommendations, and the resident government immediately rectified the situation, and the problem of military harassment for many years was systematically resolved.
Effectively safeguard the legitimate rights and interests of compatriots from Hong Kong, Macao and Taiwan, overseas Chinese and returned overseas Chinese and their relatives.
Properly handle cases involving Hong Kong, Macao, Taiwan and overseas Chinese in accordance with the law.
Resolutely punish any crime of injuring a doctor and disturbing a doctor.
More than 490 people were prosecuted, and on the basis of the sharp decline in the previous two years, there was a year-on-year decrease of 69.7%.
Attach great importance to the protection of the rights and interests of special groups.
Together with the China Disabled Persons’ Federation, we will promote the Hangzhou experience and carry out public interest litigation for the construction of barrier-free environment, so that people with disabilities can go out with peace of mind.
In response to the travel and consumption difficulties of "uncoded elderly", we launched information accessibility public interest litigation and urged functional departments to eliminate the "digital divide."
Zhang Jun: Reduce the cost of rights protection that shouldn't be there, and increase the cost of illegality that must be there.
The vast majority of judicial cases happen around the masses, and all of them are connected to the people's hearts and are "great matters."
To let justice have both strength and temperature, it is necessary to integrate law and reason into the whole process of handling the case.
Misdemeanor is not innocent, let alone harmless, and can be punished lightly according to law but never indulged.
In response to the frequent occurrence of online infringements and the difficulty of personal rights protection, the two men caught the typical cases of secretly photographing the delivery woman and spreading rumors about her derailment on the Internet, and instructed the Zhejiang procuratorial organ to issue prosecutorial recommendations. The public security organ filed a case for suspected defamation for investigation, and transferred the private prosecution to the public prosecution.
For such cases of severely disrupting the social order of the Internet, the judicial organs should bear the responsibility of prosecution, and the victims should not be afraid to defend their rights.
Those who grab illegal benefits and wantonly harm the public good must pay a higher price.
Instructed the Jiangxi procuratorial agency to handle a case of trans-provincial dumping of waste liquid that seriously endangered the drinking water safety of villagers, and for the first time applied the Civil Code to change the litigation request: to bear the responsibility for damages, and the petition for the defendant to bear punitive damages was supported.
Earning "black-hearted money" must be severely punished and severely punished. If you do not dare to commit a crime, you will not be able to commit a crime.
For crimes that seriously damage the sense of gain of the masses, the value of the case is small and must be punished resolutely.
A moving company took a job at a low price, and then increased the agreed price of several hundred yuan more than 10 times for sitting on the land. There were 31 extortion cases. The prosecutors prosecuted 19 people in accordance with the law and eliminated the "roadblocks" that favored moving to a new home.
Carefully handle "small cases" around the masses, and promote the rule of law to warm people's hearts.
Zhang Jun: Fifth, keep in mind that you must be hard on your own when you strike iron, and ensure that your duties are performed in accordance with the law through procuratorial construction
Zhang Jun: Deepen the use of "case-to-case ratio".
Promote action with knowledge, guide the prosecutors to seek the ultimate in case handling, benefit the masses, and reduce the burden of litigation.
The "case-to-case ratio" of criminal prosecutions decreased by 0.44 year-on-year, reducing more than 410,000 non-essential case-handling links and "cases" in statistics.
The concept and style of procuratorial work are changing: extending the time limit for handling cases and returning to supplementary investigations decreased by 57% and 42.6% year-on-year; self-supplemented investigations were 48,000 cases, 23.5 times that of 2019; the rate of non-arrest and non-prosecution further increased, and the public security organs requested reconsideration and review It was down 40.2%.
Zhang Jun: Strict governance and inspection.
Seize the implementation of the "three regulations" and build a system of "dams" to prevent favor cases, relationship cases, and money cases.
Establish an online reporting system, report regularly and conduct random checks.
In the whole year, more than 67,000 cases were recorded and reported, which was 5.8 times the total number of the previous two years.
Consciously accepting the supervision of the Commission for Discipline Inspection and the Disciplinary Inspection and Supervision Team dispatched to it, more than 1,300 prosecutors have been filed for investigation for violations of discipline and law, a year-on-year increase of 2.2%.
Those who perform the main responsibility for self-inspection and correction will be affirmed, and those who passively investigate and deal with it will be held accountable in accordance with discipline.
Zhang Jun: Fellow deputies, the procuratorial power is bestowed by the people.
We consciously accept the supervision of the National People's Congress and democratic supervision.
Invite representative members to inspect procuratorial work and participate in procuratorial activities.
Consciously accept the restriction of duty performance.
Consciously accept social supervision.
Zhang Jun: Fellow deputies, the development and progress of the people’s procuratorial cause is fundamentally based on the strong leadership of the Party Central Committee with Comrade Xi Jinping at the core, and the scientific guidance of Xi Jinping’s thinking on socialism with Chinese characteristics in the new era; it is inseparable from the strong supervision of the National People’s Congress and its Standing Committee. Strong support from the State Council, democratic supervision by the National Committee of the Chinese People’s Political Consultative Conference, coordination and restriction by the National Supervisory Committee, the Supreme People’s Court, various democratic parties, the Federation of Industry and Commerce and people without party affiliation, various people’s organizations and local party and government agencies at all levels, representatives, committee members and all sectors of society Enthusiastic care, support and help.
On behalf of the Supreme People’s Procuratorate, I would like to express my heartfelt thanks!
Zhang Jun: We are soberly aware that the procuratorial work cannot fully adapt to the higher demands of the party and the people and the heavier responsibilities given by the development of the times.
One is that the understanding and practice of Xi Jinping’s rule of law needs to be continued, and the procuratorial concept needs to be updated and changed.
Second, the legal supervision responsibilities are not fully fulfilled.
The third is that it is not true to focus on grassroots organizations, basic work, and basic capacity building.
Fourth, the overall implementation of judicial system reform is not enough.
Fifth, there are weak links in the comprehensive and strict administration of party governance and inspection.
The problem is forced to take responsibility, and we will make great efforts to solve the problem and make up for the shortcomings.
Zhang Jun: Work schedule for 2021
Zhang Jun: The Fifth Plenary Session of the 19th Central Committee of the Party drew a grand blueprint for the development of the cause of the party and the country in the new development stage, and the procuratorial cause started a new journey.
Standing at the historical intersection of the "two centuries", implementing Xi Jinping’s thoughts on the rule of law, coordinating the overall domestic and international situations, and serving the two major events of development and security, prosecutors must be more conscious of their actions, shoulder new historical missions, and be comprehensive Building a modern socialist country has a good start and a good start to provide a strong guarantee for the rule of law.
We must continue to make steady progress, pay close attention to implementation, and strive to improve, in-depth study and practice of Xi Jinping's thoughts on the rule of law, solidly carry out party history learning and education, and strengthen the education and rectification of the team.
Zhang Jun: Fellow deputies, the Communist Party of China has attached great importance to the establishment of the national system and legal system since its establishment. In 1931, the People's Procuratorate system was established in Red Capital Ruijin.
For 90 years, under the strong leadership of the party, the people's procuratorial work has always kept pace with revolution, construction, and reform.
In the new stage of development and the new journey, we will unite more closely around the Party Central Committee with Comrade Xi Jinping at the core, never forget the way we came, adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and fully implement the requirements of this meeting. , To make greater contributions to ensuring the happiness of the people, national security, and social stability, and celebrate the 100th anniversary of the founding of the Communist Party of China with outstanding achievements!
(Organized according to the web text live broadcast)