After 30 years of investigation, 10279 cases of “temporary holiday reduction” in violation of regulations and laws were corrected
Digging and thoroughly investigating the corruption behind the paper sentence
"Comprehensive investigations have been conducted on cases of commutation, parole, and temporary execution outside prisons in the national prison system since 1990, and a number of illegal and illegal'temporary leave reduction' problems have been investigated, and illegal and illegal'temporary leave reduction' cases in the past 30 years have been corrected in accordance with the law. 10279 cases." On June 10, the first press conference for the education and rectification of the political and legal teams was held to introduce the main conditions of the education and rectification of the political and legal teams.
As the end of criminal proceedings, the fairness and justice of penalty execution is an important part of judicial justice, which is of great significance for preventing "withdrawing money from prison" and "spending money to reduce sentence" and maintaining judicial justice.
Since the beginning of this year, localities have adhered to the combination of entity investigations and procedural investigations, in accordance with the requirements of "seeing people, seeing things, seeing evidence", in-depth investigation of various problems that existed in the case handling process on a case-by-case basis, and thorough rectification of stubborn diseases such as "serving sentences on paper". Dig into and thoroughly investigate the judicial corruption behind it.
"Serving sentences on paper" has a bad impact and severely weakens the credibility of political and legal institutions
Zhu Mouyu, vice president of the Binzhou branch of Shandong Bank of Texas, was sentenced to 14 years in prison for fraud in April 2020, but after being sentenced, he continued to get away with impunity in the name of “seeing a doctor on parole”.
During the education and rectification of the national political and legal team, the problem case was corrected, and the court ruled that Zhu was placed in prison.
The reporter noticed that this case of "serving a sentence on paper" did not end there.
A few days ago, after the national political and legal teams have been educated and rectified, the Ninth Supervision Group of the Central Committee supervised and led the supervision committee of the Shandong Provincial Commission for Discipline Inspection. The task force is verifying clues such as falsified case data, missing persons in case investigation, and unknown whereabouts of the stolen money involved in the case. "Relationship network", "fund flow" and the four links of investigation, prosecution, trial, and enforcement.
In practice, commutation, parole, and temporary execution outside prison are important penal enforcement systems in my country, and they are also key links in judicial practice that are prone to breed corruption and cause unfair law enforcement and justice.
The “temporary holiday reduction” for violations of regulations and laws is a typical problem in the execution of penalty changes, which seriously affects the effect of criminal education and reform, and seriously jeopardizes the authority of the rule of law and judicial credibility.
Judging from the publicly exposed cases of “temporary holiday reduction” in violation of regulations and laws, some prisoners forged key evidence such as inventions and case data.
For example, Sun Xiaoguo's parents helped Sun Xiaoguo illegally seek medical treatment on parole by forging medical records, resulting in Sun Xiaoguo not being sent to prison after being sentenced.
After committing a crime again, he asked Luo Zhengyun, former inspector of the Yunnan Provincial Department of Justice, Zhu Xu, former deputy director of the Yunnan Provincial Prison Administration, and others to score Sun Xiaoguo’s violation assessment, select “labor reform activists”, and use utility models that were not invented by him. The patent is recognized as a major meritorious service, and illegally helped him reduce his sentence.
Some judicial personnel act in violation of legal procedures.
For example, Guo Wensi's father has given cash several times through others, please entrust Sui Jianjun, the party secretary and warden of Beijing Chaobai Prison at the time, to provide assistance to Guo Wensi in reducing his sentence.
Knowing that Guo Wensi did not meet the conditions for commutation, Sui Jianjun presided over the office meeting of the warden six times and signed and approved documents for commutation.
Some public officials dereliction of duty.
For example, Xu Huhe, the former deputy chairman of the Legislative Affairs Committee of the 12th People’s Congress of the Inner Mongolia Autonomous Region, was seriously irresponsible and neglected to manage the judicial and prison system cadres, which caused many people to commit favoritism, commutation, and temporary execution outside prison. It is a major issue that undermines judicial justice, and it uses its power wantonly, illegally intervenes in the transfer of criminals and reduces their sentences.
Although these problems occur to a very small number of people, they have severe impact and great harm, and have severely weakened the credibility of political and legal institutions.
The third directors meeting of the National Political and Legal Team Education and Reorganization Office made it clear that we must vigorously carry forward the spirit of self-revolution, insist on cutting inwardly and dare to cure drugs, severely punish corruption in the political and legal system, resolutely eliminate black sheep, and thoroughly rectify stubborn diseases.
Using big data screening, key case investigation and other methods, 13.62 million “temporary holiday reduction” cases were screened
Currently, the education and rectification of the national political and legal contingent is underway, and nearly 2.7 million political and legal officers have participated in the education and rectification.
In late February, after the national political and legal team education rectification and mobilization deployment meeting was held, various localities organized and carried out the "six major stubborn diseases" and other prominent problems to start and rectify, establish accounts in different categories, formulate targeted rectification plans, and promote the "inspection". Restructuring and building".
In accordance with the requirements of the comprehensive investigation and rectification opinions issued by the Central Political and Legal Committee, all localities have used big data intelligent screening and key case investigation to carry out comprehensive investigation and rectification of relevant cases handled in the past 30 years.
Each city-level education rectification leading group coordinated the political and legal units within its jurisdiction to carry out joint investigations on key cases screened out; each provincial-level education rectification leading group conducted a sampling assessment of key cases at a rate of not less than 10%, and The review found that the problem was seriously investigated and accountable.
According to the deployment, all localities are closely watching key screenings and locking down "nine types of key cases."
Delineate key situations based on whether there are frequent bonus points, easy-to-obtain scoring work types, multiple transfers of prisons or prison areas, serious violations of prison rules and disciplines that are not handled in accordance with regulations and laws, etc.; based on the start time, interval, and range of commutation that exceed regulations, etc. , Delineate key issues; delineate key personnel according to the identity of the prisoner, the type of crime, etc., to achieve special investigations and comprehensive investigations.
It is also understood that for cases of continuous "stepping on points" or top-level commutation, in-depth inspections are carried out in various places, focusing on issues such as commutation, parole ratio, and the start time, interval, and range of commutation that exceed regulations; for cases of commutation for meritorious deeds or major meritorious deeds, Check whether the meritorious service is true through review materials, consulting experts, etc., focusing on whether there is any false meritorious service, etc.; for long-term "parole for medical treatment", continuous pregnancy or unable to take care of oneself, etc., the case of temporary execution outside prison is confirmed until the situation is determined. Medical institutions conduct re-examination and review, focusing on whether the medical institution and appraisal personnel are qualified, whether the medical condition appraisal and diagnosis certificate are authentic, and whether there are defects in the appraisal procedure.
Sichuan jointly deployed the backbone of the province's political and legal units to form 97 case screening teams and 356 screening teams to carry out a five-step investigation of "random, cross, collegiate, key verification, and prison leadership team approval".
Zhejiang has formulated investigation work procedures, made a "case investigation work flow chart" and "a comparison table of conditions for handling'temporary leave reduction' cases over the years"; using the case digital batch reverse inspection system, it has moved forward for 10 years every month to sort out key cases.
Prisons at all levels categorized and filed every "temporary holiday reduction" case handled, and comprehensively screened them, and sorted out relevant laws and regulations, judicial interpretations, and policy regulations in each period.
Combining the historical background and environmental conditions of the case at the time, distinguish the nature of irregular cases and illegal cases according to the law, and handle different cases in different categories.
For the clues found in the investigation, analyze and judge item by item, thoroughly investigate the potential rent-seeking power and judicial corruption behind the problems, and resolutely follow through to the end and make rectifications in place.
According to Guo Wenqi, deputy director of the National Education Restructuring Office and director of the Political Department of the Ministry of Justice, the Ministry of Justice has carried out a comprehensive investigation and rectification of cases of commutation, parole, and temporary execution outside prison in the national prison system.
From 1990 to 2020, the national prison system handled a total of 13.62 million “temporary leave” cases. As of June 8, 12.83 million cases had been verified, accounting for 94% of the total.
"For those involved in a'human situation case, a money case, or a relationship case,' where relevant personnel accept bribes or engage in malpractices for personal gains, they shall be held accountable strictly in accordance with laws and regulations."
Really investigate, in-depth investigation, not afraid of uncovering the cover, and resolutely eliminate the black sheep of the political and legal team
Carrying out the education and rectification of the national political and legal team is a major decision and deployment made by the Party Central Committee, and a profound self-revolution on the political and legal front.
At the Fifth Plenary Session of the 19th Central Commission for Discipline Inspection, General Secretary Xi Jinping emphasized that we must resolutely rectify violations of discipline and law on the political and legal fronts, and strive to make the people feel fair and just in every judicial case.
The Fifth Plenary Session of the Central Commission for Discipline Inspection requested that corruption and work style problems in law enforcement and judicial fields should be continuously corrected.
At the moment, the education and rectification of the first batch of political and legal teams is in a critical period of investigation and rectification.
True investigations, in-depth investigations, and not being afraid of uncovering the cover are the common features of all localities' efforts to rectify the problem of "temporary reduction of falsehoods" in violation of regulations and laws.
All localities insist on conducting investigations and inspections, clearing up and rectifying, and making corrections according to disciplines and laws on issues that have been thoroughly digged into it. Cases suspected of violating disciplines and laws will be transferred in a timely manner in accordance with jurisdiction, and serious in accordance with regulations and disciplines. Hold accountable.
Aiming at the root causes of problems such as negligence in governing the party and the police, supervising and managing in a mere formality, willful and reckless law enforcement, and the prevalence of human relations circles, Inner Mongolia has strictly rectified and severely held accountability, ruled that many cases of commutation have been cancelled, and a number of cases have entered the retrial process.
For those who do not meet the conditions for commutation and parole, Guangdong recommends that the court revoke them in accordance with relevant regulations, and transfer them to prison or detention centers for execution; for those who do not meet the requirements for temporary execution outside prison, the offender shall be put in prison in a timely manner and resubmitted to the court for review and ruling; Those who violate the legal procedures and request "temporary leave reduction" shall be corrected in accordance with relevant laws, regulations and normative documents; for cases of violations of regulations, disciplines and laws in the request of "temporary leave reduction" cases, they shall be reported to the local Commission for Discipline Inspection and supervision and public security organs.
Adhering to the policy orientation of "leniency in self-inspection and strict in being investigated", various localities have carried out extensive policy dissemination, and effectively attacked the mind with policies.
Take the form of heart-to-heart talks, filling in self-examination and self-correction forms, etc., to urge party members and cadres to take the initiative to clarify issues to the organization.
At present, a group of police officers have taken the initiative to explain problems to the organization and surrendered to the Commission for Discipline Inspection and Supervision, and a group of police officers who took the initiative to explain the problem have been dealt with leniently.
The reporter learned from the first press conference for the education and rectification of the national political and legal team that 12,576 police officers across the country took the initiative to surrender to the Commission for Discipline Inspection; 27364 police officers suspected of violating discipline and law were filed and investigated, and 1,760 were detained; and 72312 police officers who violated discipline and law were dealt with. The first form accounted for 83.5%, the second form accounted for 13%, the third form accounted for 2.1%, and the fourth form accounted for 1.4%.
According to the review and investigation column on the website of the State Supervision Commission of the Central Commission for Discipline Inspection, 79 cadres at or above the bureau level in the political and legal field have been subject to review and investigation or party disciplinary and political sanctions since the beginning of this year. Among them, 12 people including Meng Yongshan, the chief procurator of the Qinghai Provincial People’s Procuratorate, voluntarily surrendered the case. .
In addition, some cadres have been notified for their involvement in "serving sentences on paper."
For example, Li Cai, the former party secretary and chairman of the Hulunbuir CPPCC in Inner Mongolia Autonomous Region, did not strictly perform his duties, resulting in "paper sentence" persons being deprived of political rights and being elected as deputies to the National People's Congress and joining the party, causing adverse effects.
Fujian Province combines the education and rectification of political and legal personnel with the study and education of party history, and consciously views education rectification from a political perspective.
The provincial discipline inspection and supervision agency not only insists on "no restricted areas, full coverage, and zero tolerance", and resolutely eliminates black sheep to form a powerful deterrent; it also accurately grasps the "three divisions" and makes good use of the "four forms" to achieve political effects and discipline. The legal effect and the social effect are unified.
As of May, the province’s discipline inspection and supervision organs have filed a case for review and investigation of more than 400 people, punished and dealt with nearly 50 members of the political and legal units at the city and county levels, and transferred 10 people to the judicial organs.
Further improve the prison law enforcement and case handling restriction and supervision mechanism, and strictly prevent "serving sentences on paper" and "withdrawing money from prison"
Eliminating the black sheep and rectifying the stubborn diseases are important tasks for the education and rectification of the national political and legal contingent this time.
In order to ensure that key clues are "drilled and thoroughly investigated" and that education rectification is deepened and implemented, the National Education Reorganization Office has decided to launch a listing of key clues and urge all localities to concentrate their efforts to investigate and deal with a number of major typical case clues.
Su Deliang, the leader of the Disciplinary Inspection and Supervision Team of the State Supervision Commission of the Central Commission for Discipline Inspection and the Supreme People’s Procuratorate, said that in accordance with the work requirements of the State Supervision Commission of the Central Commission for Discipline Inspection and combined with the actual situation of dispatched supervision, the relevant functional departments of the Supreme Procuratorate are encouraged to carry out special investigations on the issue of "temporary holiday reduction" in violations of regulations and laws. Understand and grasp the basic situation of the procuratorial organs handling "temporary leave reduction" cases, deeply analyze the main manifestations and causes of violations of the "temporary leave reduction" cases, sort out effective experience and practices, and put forward targeted opinions and suggestions.
The Supreme People’s Procuratorate played its role in legal supervision, strengthened the supervision of “temporary leave reduction” in violations of regulations and laws, adhered to the combination of “temporary leave reduction” supervision with daily supervision and patrol inspections, comprehensive supervision and key supervision, and corrected and serious in accordance with the law. Combine the investigation and handling of illegal "temporary leave reduction" related duty crime cases.
In 2019 and 2020, procuratorial organs across the country put forward a total of 86,781 improper opinions to correct the "temporary leave reduction" in writing.
Guo Wenqi said that the Ministry of Justice will further improve the supervision mechanism of prison law enforcement and case handling, thoroughly eliminate the stubborn diseases in law enforcement and handling cases, and comprehensively promote the standardization, standardization and rule of law in prison work.
Prevent the problem of “temporary holiday reduction” for violations of regulations and laws. In terms of system and mechanism, improve the substantive trial system for criminals’ sentence reduction and parole cases, as well as the scope and identification standards of criminals’ serious illnesses, improve the scoring assessment and comprehensive evaluation system for criminals, and strengthen prison inspections and explorations. Establish a commutation and parole hearing system, a mass supervision mechanism, and build a full coverage penalty execution supervision system.
Establish and improve the big data platform for penalty enforcement, strengthen the intelligent monitoring mechanism, and promptly discover and deal with violations of regulations and laws.
At the same time, we will improve the coordination mechanism between political and legal organs and discipline inspection committees, organizations, and publicity departments, and strengthen communication and form synergy in case investigation and handling, adjustments and exchanges of political and legal cadres.
In response to “there are a lot of clues to report, and there are a lot of problems reported”, local discipline inspection commissions based on their functions and responsibilities, improve the targeting of clue verification, keep an eye on the clues of corruption of political and legal leaders, and keep an eye on chain-type and gang-type corruption. We will keep an eye on the clues of the problems that the masses have expressed strong and clear directions, and strengthen the in-depth investigation.
Increase the input of clue verification forces, accelerate the circulation of clues, and the progress of verification, break through a number of typical cases, and form a high-pressure deterrent situation.
Strictly handle cases in accordance with regulations and disciplines to prevent "downgrading" or "uplifting" handling, and ensure that every case is handled as an iron case.
On May 28, the Commission for Discipline Inspection and Supervision of Shiyan City, Hubei Province held a city-wide "paper-based sentence" inventory supervision work promotion meeting.
Prior to this, the Danjiangkou Municipal Commission for Discipline Inspection and Supervision had joined forces with the Municipal Party Committee’s Political and Legal Affairs Commission, Public Procuratorate and other functional departments to carry out the inspection and supervision of "paper-based sentences.
The city promulgated the "Notice on Coordinating the Supervision of the Inspection of "Serving Paper Sentences", which clearly stipulates the key points, method steps, and special work classes of the inventory, and formulates a timetable and roadmap to ensure the orderly progress of the work.
At present, the Danjiangkou Discipline Inspection Commission’s Supervisory Committee held 25 people accountable for violations of rules and disciplines that existed in "serving sentences on paper", gave 5 party disciplinary and government sanctions, and issued 2 supervisory recommendations.
(Our reporter Li Lingna)