The person in charge of the Supreme Prosecution Management Office answers reporters' questions on the main case data of national prosecutors from January to June 2021
On July 25, the Supreme People’s Procuratorate released data on major cases handled by procuratorial organs nationwide from January to June 2021.
As the beginning of the "14th Five-Year Plan" in 2021, half of the time has passed. As epidemic prevention and control becomes normal, what kind of economic and social security conditions are reflected by the procuratorial organs, and what are the outstanding characteristics?
Combining these questions, the person in charge of the Case Management Office of the Supreme People's Procuratorate answered reporters' questions.
Reporter: In the first half of this year, the study and education of party history in procuratorial organs across the country and the education and rectification of political and legal teams have been promoted simultaneously.
Person in charge of the case management office:
Since this year, the procuratorial organs across the country have been guided by Xi Jinping’s thoughts on socialism with Chinese characteristics for a new era, implemented Jinping’s thoughts on the rule of law, in-depth promotion of party history learning and education, and solidly carried out education and rectification of political and legal teams, and insisted on putting people as the center. Focusing on the overall situation of the party and the country, loyal to perform their duties, and take the initiative, the "four major prosecutors" and "ten major businesses" have all made new progress, and their performance in case-handling data is obvious.
In terms of criminal prosecution, procuratorial organs across the country accepted a total of 634,924 arrests, a year-on-year increase of 77.7%; accepted 1,102,975 cases of review and prosecution, a year-on-year increase of 45.1%; accepted 29,781 cases filed (withdrawn) for supervision, a year-on-year increase of 24.9%; corrected omissions 22,899 people were arrested (missed litigation), an increase of 18.6% year-on-year; 29,601 cases were supervised on investigative activities, an increase of 36.6% year-on-year; a total of 4,215 protests were filed in accordance with the procedures of second instance and trial supervision, an increase of 22% year-on-year.
In civil prosecution, 124,080 civil supervision cases were accepted, a year-on-year increase of 96%; in administrative prosecutions, 26,284 administrative supervision cases were accepted, a year-on-year increase of 42.5%; in public interest litigation prosecutions, 89,098 clues were accepted, a year-on-year increase of 25.3%.
In the process of handling cases, 30,867 public hearings were conducted simultaneously; 8427 procuratorial suggestions concerning social governance were put forward through case handling.
In general, the level of supervision of procuratorial organs in handling cases has been continuously strengthened, and the role of procuratorial work in the modernization of the national governance system and governance capabilities has been continuously highlighted.
Reporter: We know that in January last year, the procuratorial agency proposed the main evaluation index of case quality with the "case-to-case ratio" as the core. After one and a half years of implementation, what impact the "case-to-case ratio" has on the quality and effectiveness of criminal prosecutions ?
Person
in
charge of the case management office: The
main evaluation index of case quality with the "case-to-case ratio" as the core is a concrete manifestation of the procuratorial organ's implementation of the people-centered development concept.
From January to June this year, the “case-to-case ratio” of criminal prosecutions by procuratorial organs across the country continued to decline.
After one and a half years of implementation of the "case-to-case ratio" indicator, the indicator's role has gradually emerged, which is firstly reflected in the efficiency of case handling.
In the first half of this year, the number of cases in which prosecutors nationwide extended the time limit for review and prosecution and returned for supplementary investigation decreased by 87.2% and 65.7% year-on-year, accounting for 2.9% and 6.9% of the cases to be handled, a year-on-year decrease of 26.6 and 19.7% respectively.
At the same time, in order to lay a solid foundation for the quality of cases and ensure that the speed of case handling is not degraded, the procuratorial organs actively carried out guided investigations and self-replenishment investigations. A total of 68,284 investigations were intervened in advance, a year-on-year increase of 1.1 times, accounting for 8.7% of the number of cases reviewed and prosecuted. , An increase of 2.7 percentage points year-on-year; 318,705 arrested persons were put forward to continue investigation and evidence collection opinions, accounting for 71.6% of the arrested persons, an increase of 14.9 percentage points year-on-year; 39,320 additional investigations were carried out, an increase of 1.9 times year-on-year.
The role of evaluation indicators is also reflected in the final quality of the case. From January to June, the non-prosecution rate for arrest cases was 1.4%, a decrease of 0.8 percentage points year-on-year; the rate of light and probation after arrest was 12.1%, a year-on-year decrease of 1.3 percentage points; The non-arrest review rate was 1.2%, a decrease of 1.3 percentage points year-on-year.
The withdrawal rate of prosecution cases was 0.14%, a year-on-year decrease of 0.1%; the rate of innocence and non-accountability judgments was 0.03%, a year-on-year decrease of 0.01%; the reconsideration rate of non-prosecution cases was 1%, a year-on-year decrease of 0.7%.
Reporter: In the first half of this year, what are the new changes in the types of criminal cases?
Person in charge of the case management office:
In the first half of this year, a total of 1,102,975 people were investigated and prosecuted for various crimes. The total number of cases has exceeded the level of the same period in 2019, indicating that the number of criminal cases is on the rise again after the normalization of epidemic prevention and control.
Among various crimes, the number of economic crimes and cyber crimes continued to rise, with a total of 1,570,053 people accepted, accounting for 14.2% of the total number of cases, reaching the highest value in recent years.
In particular, the number of people prosecuted for crimes of helping information cybercrimes has changed considerably. A total of 37,859 people were prosecuted, an increase of 3.8 times year-on-year, making it the sixth most prosecuted crime.
It is worth mentioning that, due to the dual impact of the special work on combating cross-border telecommunications network fraud crimes and cross-border gambling crimes, as well as the improvement of the domestic epidemic situation and the continuous overseas epidemic situation, the number of crimes that interfere with the management of the country (border) has increased exponentially, from January to June A total of 10,707 people were prosecuted, an increase of 3.5 times compared with the same period last year, concentrated in Yunnan, Guangxi, Guangdong, Sichuan and other places. Among them, 7,789 were prosecuted for the crime of illegally crossing the border, an increase of 4.3 times compared with the same period of last year, ranking 17th in the number of prosecutors. .
Reporter: Cybercrime, especially telecommunications network fraud, has become a major pain point in society. What measures does the procuratorial agency have in this regard? What results have been achieved?
Person in charge of the case management office:
With regard to telecommunications network fraud crimes, the procuratorial organs strengthened system concepts, rule of law thinking, and focused on source governance and comprehensive governance. First, they formulated and issued guidelines to tighten the criminal law network.
On June 22 this year, the Supreme People’s Procuratorate, together with the Supreme People’s Court and the Ministry of Public Security, jointly issued the "Opinions on Several Issues Concerning the Application of Law in the Handling of Criminal Cases such as Telecommunications Network Fraud (2)."
The second is to actively promote the "broken card" special action to cut off the information flow and capital chain of crime.
Severely punish illegal and criminal acts such as the illegal renting and selling of telephone cards and bank cards, focusing on cracking down on professional card collection and card trafficking gangs, as well as those inside and outside the telecommunications, banking, and online payment industries that collude with them.
From January to June this year, a total of 37,859 people were prosecuted for crimes of helping information cybercriminals, a year-on-year increase of 3.8 times.
The third is to implement the criminal policy of combining leniency and strictness to improve the quality and effectiveness of case handling.
Emphasize that for special groups such as minors, school students, and the elderly, we must persist in focusing on education, rescue, punishment, and warning, and implement the concept of "less arrests, prosecutions, and detentions". From January to June, information on suspected help should be provided. Among the juvenile pleaded guilty suspects for cybercrime crimes, 293 were prosecuted and 209 were not prosecuted. The non-prosecution rate was 41.6%, which was 4.8 percentage points higher than the overall non-prosecution rate for juvenile crimes.
The fourth is to promote comprehensive management and insist on prevention first.
The Supreme People’s Procuratorate and the Ministry of Industry and Information Technology have jointly implemented the “No. 6 Prosecutorial Recommendations”, cracked down on illegal online production, etc., and promoted the comprehensive governance of cyberspace.
In June of this year, the Supreme People’s Procuratorate and the Ministry of Education issued a typical case of college students’ crimes involving the “two cards”. Through case interpretation, warning education was strengthened, education management was strengthened, and the procuratorial organs and the education department jointly built an anti-fraud campus line of defense. Work requirements to prevent students from becoming criminal “tools”.
Organize the "Anti-Fraud Propaganda Month" campaign, and set up the "Anti-Fraud In Progress" column on the official account of the Supreme People's Procuratorate, revealing the new characteristics of new criminal methods, and making targeted prevention suggestions.
Reporter: In the first quarter of this year, the Supreme People’s Procuratorate set up an Intellectual Property Inspection Office to perform the functions of intellectual property inspection in a centralized and unified manner. What data can we share about intellectual property inspection?
Person in charge of the case management office: In
order to better serve and guarantee the construction of an innovative country, the Supreme People’s Procuratorate set up an Intellectual Property Prosecutor’s Office last year to implement centralized and unified performance of criminal, civil, and administrative procuratorial work on intellectual property rights, and in 9 locations including Beijing and Shanghai Provinces and cities have carried out pilot work of centralized and unified performance of intellectual property inspections to form a joint force for inspection and supervision, and to protect innovation and drive development in accordance with the law.
In terms of criminal prosecution, the intensity of handling cases has been significantly increased.
From January to June 2021, prosecutors nationwide prosecuted a total of 6,017 people for crimes of infringing intellectual property rights, an increase of 12.6% year-on-year, and the prosecution rate reached 91.8%, which was 6.2 percentage points higher than the overall criminal offences, and this was the highest point in the past five years. The procuratorial organs have continued to strengthen their efforts to crack down on crimes of infringement of intellectual property rights.
Criminal cases involving infringement of intellectual property rights show two characteristics: one is the concentration of crimes, mainly the crime of counterfeiting registered trademarks and the crime of selling counterfeit registered trademarks. The prosecutions were 2676 and 2,138 respectively, accounting for 80% of the total number of prosecutions; The cases were concentrated, mainly in the economically developed areas of the southeast. Among them, Guangdong prosecuted 1463, Shanghai 987, Zhejiang 416, Henan 371, and Jiangsu 341. The five places together accounted for 59.5% of the total number of prosecutions in the country.
In terms of civil prosecution, cases involving intellectual property rights have also increased significantly. From January to June, a total of 100 civil effective judgments and mediation cases involving intellectual property and competition disputes were accepted, an increase of 88.7% year-on-year; of which intellectual property rights and infringements There were 63 disputes, accounting for 63% of the total, and 28 intellectual property contract disputes, accounting for 28%.
Protested 5 cases of effective judgment supervision cases handled, and put forward 1 case of re-examination procuratorial suggestion.
Next, intellectual property rights cases including administrative prosecutions will also be handled by the Intellectual Property Office as a whole, and we will also release relevant data to the public in a timely manner.
Reporter: At present, the education and rectification of the political and legal contingents across the country is constantly deepening. Let us introduce what impact the education rectification has on the work of criminal enforcement procuratorial work.
Person
in
charge of case management: The
procuratorial organs shoulder dual roles and dual responsibilities in carrying out education and rectification. They must resolutely rectify their own stubborn diseases, and they must also fully perform their legal supervision functions to promote the resolution of stubborn diseases in law enforcement and judicial links.
Take criminal enforcement procuratorial work as an example. In order to deepen prison patrol inspections and realize the normalization of patrolling procuratorial work, the Supreme Procuratorate organized seven patrol inspection teams, one deputy chief prosecutor, five provincial prosecutors, and the highest criminal execution The directors of the procuratorate respectively acted as team leaders and led the team to carry out cross-provincial prison inspections.
Local procuratorial organs have also taken the initiative to give full play to the role of the itinerant procuratorial system, focusing on areas directly related to the performance of procuratorial duties, and highlighting key points to carry out supervision.
In the first half of this year, 23,507 people submitted written correction and supervision opinions in response to one of the six stubborn diseases in violation of laws and regulations, such as commutation, parole, and temporary execution outside prison, a year-on-year increase of 13.5%. The supervisory authority has corrected 22025 people, with a correction rate. 93.7%, an increase of 0.1 percentage point year-on-year, efforts were made to rectify the chaos of judicial enforcement such as "serving sentences on paper" and "withdrawing money from prison".
During the same period, procuratorial organs across the country closely integrated education and rectification, and continued to increase the intensity of filing and investigating judicial staff related to duty crimes.
In accordance with the overall arrangement of the Central Political and Legal Affairs Commission, the Supreme Procurator launched the "100-Day Tackling Toughness in the Investigation of Duty Crimes by Judicial Staff" in procuratorial organs across the country in June this year.
From January to June, procuratorial organs nationwide filed and investigated 1,137 judicial personnel-related duty crimes, a year-on-year increase of 1.3 times.
Among them, 84 people were at or above the county level, a year-on-year increase of 1.2 times.
Judging from the crimes involved, the most crimes of dereliction of duty were 321, 277 were for favoritism, 244 were for abuse of power, 87 were for commutation, parole, and temporary execution outside prison, and 40 were executed and convicted of abuse of power. People, the total of five crimes accounted for 85.2%.
Reporter: Judging from last year's data, the initiative of civil prosecutions has continued to increase. How about this year's data?
Person in charge of case management:
Taking the opportunity of implementing the Civil Code as an opportunity, procuratorial organs across the country have taken active steps to improve the quality and effectiveness of civil prosecution cases.
From January to June this year, among the civil supervision cases directly accepted, 51814 were accepted ex officio, a year-on-year increase of 1.2 times, accounting for 57% of the total, an increase of 12.6% year-on-year.
At the same time, the civil procuratorial department insists on systematic thinking, implements related justice, combines the education and rectification of the political and legal team, and deepens the civil procuratorial work.
For example, the handling of civil procuratorial supervision is organically combined with the discovery and transfer of clues to illegal crimes.
From January to June, in the supervision of civil effective judgments, 255 criminal clues were transferred, a year-on-year increase of 23.8%. Among them, 141 were suspected of false litigation, 13 were civil and administrative judgments of violating the law, and 13 were frauds.
For example, through handling cases, summarizing and issuing procuratorial recommendations for similar cases, when handling a civil enforcement supervision case, the procuratorial organs of Ningbo not only issued procuratorial recommendations to the basic courts for enforcement violations, but also submitted prosecution litigation issues for resignees in violation of regulations. The Judicial Bureau and the Intermediate Court issued procuratorial recommendations to help tackle the problem of "judges and prosecutors engaging in the profession of lawyers and acting as judicial brokers in violation of regulations after leaving office", one of the six stubborn diseases.
Reporter: What are the new mechanisms and new methods for administrative procuratorial work? What is reflected in the data?
Person in charge of the case management office:
In the first half of this year, procuratorial organs across the country practiced the concept of procuratorial supervision in the new era, promoted a benign interaction between case handling and supervision, and comprehensively enhanced the quality and effectiveness of administrative procuratorial work.
On the basis of the special activity of “Strengthening Administrative Procuratorial Supervision and Promoting the Substantial Resolution of Administrative Disputes” deployed last year, the resolution of administrative disputes was carried out on a regular basis, and a total of 2916 administrative disputes were substantively resolved; and 73 protests were filed against administrative effective judgments and supervision cases. , A year-on-year increase of 32.7%, with 89 retrial procuratorial recommendations, a year-on-year increase of 1.6 times; for administrative trial activity supervision cases, 2708 procuratorial recommendations were proposed, a year-on-year increase of 92.3%; for administrative execution activity supervision cases, procuratorial recommendations were made 9,163, a year-on-year increase An increase of 61.3%.
In the administrative procuratorial work, the concept of penetrating supervision was practiced, and the role of "supporting two with one hand" was played, and 2,855 procuratorial suggestions for social governance were put forward.
At the same time, procuratorial organs across the country deployed special administrative non-litigation enforcement and supervision activities in the field of land law enforcement investigation and handling. Local procuratorial organs closely integrated local actual conditions and promoted work in the form of "small special projects", focusing on solving key issues.
For example, the procuratorial organs of Jinan City, Shandong Province carried out special activities for non-litigation enforcement supervision in the field of administrative fines collection, the procuratorial organs of Hubei Province carried out special activities for administrative prosecution and supervision of market entities, and the prosecutors of Inner Mongolia Autonomous Region carried out special activities for administrative prosecution of "Protection of Grassland and Forest Land".
In addition, the procuratorial organs of Jilin Province carried out a special activity of “fully fulfilling administrative procuratorial functions and strengthening the supervision of administrative trial activities”. In the first half of this year, the procuratorial organs of Jilin Province accepted a total of 226 administrative trial activities supervision cases, a year-on-year increase of 4.4 times; 195 procuratorial suggestions were made. , A year-on-year increase of 4.6 times.
These include the expiration of the deadline for filing a case, the court’s “no adjudication”, summary procedures for violations of the law, violations of the trial and service procedures, and errors in the application of the law.
By the end of 2020, Jilin Province had a total of 20 blank courts for the supervision of trial activities since 2018, all of which have been cleared up to now.
Reporter: Public interest litigation prosecution is closely related to people's livelihood. In particular, cases in new fields have attracted much attention from the society. Let us introduce the data in this regard.
Person in charge of the case management office:
Since the public interest litigation procuratorial work, the number of public interest litigation cases handled by procuratorial organs across the country has continued to increase. From January to June 2021, a total of 79,075 cases were filed, an increase of 28.6% year-on-year.
From the perspective of the field of case handling, 43,231 cases were filed in the field of ecological environment and resources, an increase of 19.5% year-on-year; 13,871 cases were filed in the field of food and drug safety, an increase of 48.8% year-on-year; 3154 cases were filed in the field of state-owned property protection, and 403 cases were filed in the field of state-owned land use rights.
At the same time, the procuratorial organs focused on the overall work of the party and the state, focused on the issue of public welfare damage in the field of people's livelihood, and actively and steadily expanded into new areas. A total of 18,390 cases were filed, an increase of 83.8% year-on-year.
For example, in response to the frequent occurrence of recent work safety accidents, combined with the requirements of the Work Safety Law to add procuratorial public interest litigation clauses, 577 cases involving the field of production safety were filed, and the public interest litigation of the procuratorial organs effectively played the role of helping production safety.
Reporter: The newly revised law on the protection of minors and the law on the prevention of juvenile delinquency have been implemented. Please introduce the specific measures taken by the procuratorial organs to implement the "two laws" based on the data.
Person in charge of the case management office: The
newly revised "Two Laws" clearly establish the
responsibilities
of the procuratorial organ to carry out legal supervision over litigation activities involving minors and the prevention of minors' re-offending.
The procuratorial organ insists on tolerance and non-connivance, attaches great importance to the education, reformation and rescue of minors involved in crimes, and strictly implements special procedures and special systems for minors.
From January to June this year, 27,671 social surveys were conducted on juvenile criminal suspects, an increase of 92.3% year-on-year; special prevention in the form of help and education return visits, psychological counseling, and family education guidance were conducted 983 times, an increase of 27.5% year-on-year.
At the same time, we will deepen the unified and centralized handling of juvenile procuratorial services, and effectively strengthen the comprehensive judicial protection of juveniles.
From January to June, a total of 281 cases of revocation of guardianship were accepted, a year-on-year increase of 1.4 times, support for individual prosecutions 93, support for unit prosecution of 63 cases, revocation of guardianship 124 cases, a year-on-year increase of 1.6 times, and effectively promote the effective implementation of guardianship responsibility.
In addition, the procuratorial organs actively participate in the social governance of the protection of minors by carrying out publicity and education on the rule of law for minors.
From January to June this year, procuratorial organs across the country conducted 13,853 lectures on the rule of law to minors, with an audience of 45.75 million; conducted 7084 rule of law tours, visited rule of law education bases 833 times, and extensively carried out legal publicity and education for minors in various forms.
Reporter: Since the end of last year, procuratorial organs across the country have begun to deploy a special task for centralized handling of repeated letters and visits. What is the current progress? What are the new measures and new results?
Person in charge of the case management office:
In November last year, the Supreme People's Procuratorate issued the "Implementation Plan for the Special Work on Centralized Control of Repeated Letters and Visits", and in February this year, it determined the cases of repeated letters and visits included in the scope of this special work.
Procuratorial organs across the country take active actions, earnestly implement the spirit of General Secretary Jin Ping’s important instructions on petition work, and combine the centralized management of repeated petitions with party history learning and education, and political and legal team education and rectification to carry out "I do practical things for the masses" practice activities to promote repetition. Letters and visits were properly resolved and terminated in accordance with the law.
As of June 2021, 12,556 cases of repeated letters and visits have been settled.
Among the completed cases, 3,984 appeals and strikes, accounting for 31.7%; 4988 other procedures were introduced, accounting for 39.7%; 3,230 cases were terminated according to law, accounting for 25.7%; 313 cases were resolved by other methods, accounting for 2.5%; 41 errors, accounting for 0.4%.
In handling cases, the procuratorial organs pay more attention to the pertinence and diversity of methods, hold public hearings in a timely manner, and accurately carry out judicial assistance. Among the completed cases, a total of 203 procuratorial hearings were held, of which the chief prosecutor presided over 144; judicial assistance was granted in accordance with the law. 97 pieces.
Reporter: We know that the procuratorial organs attach great importance to the protection of private enterprises. What data can we share in this regard?
Person
in
charge of the case management office:
The Party Central Committee with Comrade Xi Jinping as the core attaches great importance to the development of private enterprises, requires a sound legal environment for private economic development, and vigorously supports the development and growth of private enterprises.
Procuratorial organs across the country closely integrate the supervision functions of the "four major procuratorials", implement strict management and love, and escort the healthy development of private enterprises.
In terms of criminal prosecution, from January to June, procuratorial organs across the country did not approve the arrest of 7,000 people for crimes committed by non-state-owned companies, enterprises and institutions, and did not prosecute 9,858 people.
In terms of civil prosecution, 209 protests were filed against effective civil judgments affecting the development of the non-public economy, a year-on-year increase of 35.7%, and 528 proposals for re-examination were made, a year-on-year increase of 95.6%.
In terms of administrative prosecution, 413 administrative disputes affecting the development of the non-public economy were resolved; 6 protests were filed against administrative judgments that affected the development of the non-public economy, and 2 re-examination recommendations were put forward.
At the same time, the Supreme Procuratorate Party Group has thoroughly studied and understood the spirit of General Secretary Xi Jinping’s important speech. On the basis of summarizing the compliance pilot work of the enterprises involved in the case last year, the scope of the pilot project was expanded in March this year and deployed in Beijing, Liaoning, Shanghai, Jiangsu, Zhejiang, Fujian, and Shandong. , Hubei, Hunan, and Guangdong provinces launched a one-year second phase of pilot work. In June, in conjunction with nine departments including the Ministry of Justice, the "Guiding Opinions on Establishing a Third-Party Supervision and Evaluation Mechanism for the Compliance of Enterprises Involved in the Case (for Trial Implementation)" was jointly issued to further standardize the compliance supervision and evaluation procedures of the enterprises involved in the case and promote the pilot reform of corporate compliance. Develop in depth. At present, 10 provincial-level hospitals have selected and identified 27 municipal-level hospitals and 165 primary-level hospitals as pilot hospitals to carry out reforms, and various related work is progressing steadily.