The Supreme People’s Procuratorate released the second batch of typical cases of the procuratorial reform of the national procuratorial organ
Promote accountability and accountability for outstanding issues in reform
□ reporter Zhang Hao
In recent days, the Supreme People’s Procuratorate has published 6 typical cases of procuratorial organs promoting the establishment of a judicial accountability system with the theme of "promoting the establishment of a judicial accountability system."
Coordinate case handling and management, optimize hierarchical responsibilities, and compact leading cadres to take the lead in handling cases... The relevant person in charge of the Legal Policy Research Office of the Supreme People’s Procuratorate introduced that the selected cases carefully considered the determination of responsibilities, accountability, supervision, accountability, and accountability. The key links, such as accountability, collectively reflect the effectiveness of local procuratorial organs in addressing outstanding problems in the comprehensive and supporting reform of the judicial accountability system, promoting clear accountability, accountability, and improving the law enforcement and judicial accountability system.
All-round and three-dimensional informationization of procuratorial power management
The procuratorial organs of Jiangsu Province are firmly grasping the key links in the implementation of judicial responsibilities, with three clarity, three priorities, and three guarantees, to further refine the judicial case handling responsibility system of the procuratorial organs, and achieve the combination of decentralization and supervision, and the combination of system and technology. Punishment and prevention are combined to realize the omni-directional, three-dimensional, and information-based operation and management of procuratorial power.
The "three clarifications" are the scientific determination of responsibilities for judicial case handling, which are to clarify the duties and powers of prosecutors, clarify the supervision responsibilities of each subject, and clarify the coordination and cooperation of various departments.
The "three priorities" ensure that prosecutors perform their duties in a standardized manner. The first is to focus on the control of the source of risks, strengthen regular education reminders, and strengthen the prevention, control and investigation of corruption risks.
It sorted out more than 190 powers related to judicial case handling, sorted out 550 clean governance risk points, established more than 1,000 corresponding prevention and control measures, and strengthened case filing and review.
The second is to focus on the whole-process supervision of the case, and strengthen the process supervision of the department head.
The person in charge of the department understands and grasps the prosecutor's case handling situation in real time through the business system, promptly discovers and corrects irregularities in the prosecutor's case handling, and has the right to put forward review opinions on key cases, difficult and complex cases, and hold joint prosecutors meetings as appropriate Discuss and submit recommendations to the chief prosecutor or the prosecution committee for deliberation, etc., to ensure the quality of case handling in this department.
Strengthen the supervision of the whole process of cases, independently develop a large data application platform for case management, and realize the automatic real-time supervision of the whole process of cases and all traces.
Establish a working mechanism for business data analysis, research, judgment and consultation, as well as systems for joint prosecutors' meetings, supervision and management of key cases, and records and reports of major events, so as to effectively strengthen the supervision of the operation of procuratorial power.
The third is to focus on regular inspections and inspections.
Adhere to the "special evaluation + random evaluation", the quality of consultation cases.
Carry out special evaluation and investigation for key cases, and carry out random evaluation and investigation on a regular basis.
In 2020, we will promote online remote professional evaluation and investigation across the province. A total of 8,673 cases were evaluated and investigated in different places. A list of problems was formed, and relevant business departments were urged to rectify, and the implementation of rectification was tracked and notified. The rectification rate of evaluation problems was 98.65%, an increase of 6.38 year-on-year. %.
Adhere to the "regular inspection + special inspection" to promote the resolution of prone to frequent problems.
The "three guarantees" ensure effective accountability.
The performance appraisal guarantee is correctly oriented. The “Jiangsu procuratorial organ appraisal platform” has been developed, and the appraisal implementation methods, indicators and scoring rules have been formulated, focusing on the quality and effectiveness of case handling, in the form of a provincial “standard library” + a “local library” at all levels. Improve the evaluation system.
Highlight the quality of case handling. Among the 302 indicators of the "standard library", case handling quality indicators accounted for 47.7%.
At the same time, we insisted on including the results of judicial supervision in the performance evaluation indicators of prosecutors and recorded them in individual judicial files. The results of the evaluation were linked to the individual's annual evaluation and evaluation of superiority, so as to effectively guarantee the correct orientation of the standardization of justice.
Intelligent supervision ensures efficient operation.
Create an intelligent and accurate case quality evaluation mechanism, innovate the cross-country case quality online cross-evaluation in the city, and the province's cross-city designated crime online special evaluation mechanism.
A comprehensive application management platform for the use of video-information has been established, with full coverage of remote supervision. The rate of standardized use of case-handling sites has risen to 98%, the rate of standardized case handling behavior of prosecutors has risen to 99%, and the safety rate of case handling has reached 100%.
Strictly hold accountability and ensure the rigidity of supervision.
Strengthen the punishment of prosecutors, promulgate the "Working Rules of the Jiangsu Provincial Prosecutors' Disciplinary Committee" and disciplinary measures, clarify the determination and investigation procedures of judicial responsibility, and deal with cases for prosecutors who deliberately violated laws and regulations, or due to gross negligence that caused mistakes in the case and caused serious In the case of consequences, the judicial responsibility shall be seriously investigated.
Cases are inspected on a regular basis, and serious inspections and analysis are carried out for cases that have defects and have a greater impact.
Strengthen accountability, and hold accountable persons responsible for major negligence, general negligence, supervisory negligence, or violation of case-handling procedures and relevant regulations, respectively, through interviews with irregular judicial conduct, reminders, criticism and education, etc. The province's procuratorial organs formed a deterrent.
[Typical Significance] Since the establishment of a three-dimensional procuratorial case handling responsibility system, the quality indicators of the "four major procuratorial" cases of Jiangsu procuratorial organs have continued to improve.
In 2020, the number of innocent cases, withdrawal of prosecutions, and the number of cases returned by the court decreased. The rate of change of protests and retrial procuratorial recommendations for civil effective judgment supervision cases ranked among the top in the country, and the number of protests and retrial procuratorial suggestions for administrative effective judgment supervision cases rose sharply , The adoption rate is higher than the national average, and the number of public interest litigation cases accepted has increased significantly year-on-year.
By constructing an effective closed loop and interlocking of responsibilities, accountability, performance, assessment, and accountability, to ensure "delegation of powers without laissez-faire" and effectively prevent case quality risks and integrity risks.
Construct a comprehensive evaluation system for grassroots hospitals
While establishing and improving the performance evaluation system of prosecutors, Tianjin Municipal People’s Procuratorate restructured the original hierarchical evaluation system, insisting on the integration of subjective and objective evaluation, procuratorial business and procuratorial management, and static evaluation and dynamic monitoring. A comprehensive evaluation system has been established that has its own focus, complements and promotes each other with the performance evaluation system of prosecutors, and effectively promotes the high-quality development of procuratorial work.
The main measures of the comprehensive evaluation system are:
Adhere to the system concept and achieve precise evaluation.
Pay attention to planning in advance, highlight the quality and effectiveness of case handling, use the "case-to-case ratio" as the core indicator of criminal prosecution, and give a negative direction to 6 rigid indicators such as the number of innocence verdicts that can directly evaluate the quality of reviewing arrests and reviewing prosecution cases. Evaluation.
Strengthen system integration, and appropriately slim down established indicators while ensuring that the evaluation system is relatively stable.
Reserve development space to realize the localization of evaluation.
Pay attention to the overall role of evaluation. For the different situations of different hospitals, in addition to stipulating rigid indicators, no one size fits all, leaving room for independent work of the basic-level hospitals, and encouraging each basic-level hospital to create its own unique highlights according to specific conditions.
Up to now, all grassroots hospitals in the city have condensedly formed 21 work brands including Chenxi Uninspected and Xiqing Inspection KPI (Key Performance Indicators).
Improve the index system and realize dynamic evaluation.
Along with changes in judicial concepts, work arrangements, work priorities, etc., dynamic adjustments will be carried out, and “increasing, decreasing, and adjusting” will advance with the times.
"Increase" means the need to implement the new requirements or measures of the central government, the municipal party committee and the Supreme People's Procuratorate, and to add indicators in a timely manner to ensure implementation.
"Minus" means that when some assessment items have changed or are out of date, they should be promptly removed from the evaluation.
"Adjustment" means that as the work continues to deepen, the focus of business work may be adjusted, and the evaluation project standards may also be adjusted accordingly to make the targeting more precise.
With the aid of scientific and technological means, the evaluation information will be realized.
Make full use of information technology to clarify the principle of "data subject to case management and system subject to case management". Prosecutorial business data is extracted through a unified business application system, making the data more scientific, accurate, and objective.
[Typical significance] The comprehensive evaluation system of Tianjin procuratorate has been in operation for more than two years, and the performance evaluation of prosecutors has its own focus, complements each other, and promotes each other. The shortcomings and problems of the original basic-level court evaluation system have been basically solved. The responsibility system, the enhancement of legal supervision capabilities and the effectiveness of supervision have played the role of a weather vane and baton, strengthened the implementation of supervision and guidance responsibilities at the upper and lower levels, and improved the overall quality and effectiveness of procuratorial work.
Realize supervision responsibilities in various regions, refine case handling responsibilities
In recent years, local procuratorial organs have focused on advancing the construction of judicial responsibility systems. In terms of detailed case handling responsibilities and actualized supervision responsibilities, the experience and practices of the procuratorial organs of Heilongjiang Province, Yunnan Province, Guangzhou City Nansha District of Guangdong Province, and Tianshui City of Gansu Province have also been selected. Typical Case.
The People’s Procuratorate of Heilongjiang Province established the evaluation rules for the chief prosecutors of the municipal branch, which is different from the evaluation system of ordinary post prosecutors. It is the internal requirement for the rationalization and refinement of the performance evaluation of prosecutors. The role of the "baton" is to guide the work of this type of assessment subject in a targeted manner, so as to better give play to the leading and exemplary role of leading cadres in the procuratorial work.
The procuratorial organs of Yunnan Province conscientiously implement the requirements for leading cadres to take the lead in handling cases, complete cases, and personally handle cases, focus on improving the work system, strengthen accountability, and continue to consolidate the responsibilities of leading cadres to take the lead in handling major, difficult and complex cases, and find deep-seated problems in handling cases personally , Promote the construction of judicial responsibility system.
The Nansha District Procuratorate of Guangzhou City, Guangdong Province combined with the analysis of judicial practice data to build a social risk quantitative assessment mechanism and standardize the discretionary power of detention measures, which is of great significance for the implementation of judicial responsibilities, strengthening judicial human rights protection, and reducing the review and detention rate.
The Tianshui City Procuratorate of Gansu Province has grasped the key links in the implementation of the judicial responsibility system, and explored the cumulative points disposal system for the prosecutors’ case handling defects, providing a quantifiable and easy-to-operate system sample for the prosecutors’ case handling quality evaluation and management, and further deepening the implementation of the prosecutor’s case handling Accountability.