Political and legal organs——

Strictly implement the "Three Regulations" and standardize the employment behavior of resigners (Legal headlines·Political and Legal Team Education and Rectification Series Reports①)

　　Our reporter Xu Jun

　　"People's Daily" (19th edition on September 23, 2021)

　　General Secretary Xi Jinping pointed out that in-depth education and rectification of the political and legal contingent should be carried out, and efforts should be made to build a political and legal contingent that the party and the people can trust, depend on, and can rest assured.

Since the end of February this year, the nation's first batch of political and legal team education rectification and "look back" have been carried out at the city and county levels.

The rectification of stubborn diseases is one of the important tasks of this education and rectification, and it is also a key measure to overcome the difficulties that restrict strict and fair law enforcement and justice.

　　"After leaving office, judges and prosecutors illegally engage in the profession of lawyers and act as judicial brokers", "violation of laws and regulations''temporary leave'", "no case is not established, suppressed without investigation, and guilty not investigated" are issues that the people have strongly expressed.

Through education and rectification, the stubborn diseases of the political and legal organs at the city and county levels have achieved the expected results.

How to institutionalize rectification measures and make rectification results long-term?

This newspaper has launched a series of reports, so stay tuned.

　　--editor

　　For a period of time, "favor cases", "relationship cases" and "money cases" have seriously affected the justice of law enforcement.

Violating the "three regulations" to prevent judicial interference, judges and prosecutors illegally engage in the profession of lawyers and act as judicial brokers after leaving office, which has become a stubborn disease that must be rectified.

　　In the first batch of education and rectification of the political and legal teams in the country, relevant departments in various localities followed the orders and set off a self-revolution of the political and legal teams, which investigated and identified 104,000 violations of the "three regulations" to prevent judicial interference. , Dealt with and punished 83,000 officers and police officers; 2145 persons were found to be outgoing judges and prosecutors in violation of the law to engage in the profession of lawyers and act as judicial brokers.

Blocking the "outflow" of hunting justice, the soil of favor cases, relationship cases, and money cases is gradually being eradicated.

Favor cases, relationship cases, and money cases, which seriously affect law enforcement and judicial justice

　　On December 4, 2020, a former vice president of a provincial higher people's court was sentenced to 18 years in prison for bribery, administrative ruling, and fraud, and a fine of RMB 4 million.

　　The court trial found that from 2006 to 2019, the former vice president used the convenience of serving as the president of the first civil division of a certain province, a member of the trial committee, a member of the party group, and the vice president of a certain province. Units and individuals seeking benefits in the trial of the case, directly or through others illegally received a total of 43.75 million yuan in property, and were entrusted by others to intercede for the case, some of which affected the outcome of the judgment due to their corrupt behavior.

　　For a period of time, police officers who violated the law and discipline interceded and greeted the case, which seriously affected judicial justice.

"These disciplinary and law-breaking police officers have been working in the same area for a long time. They have many acquaintances and strong relationships. They have formed a community of interests between the officers and between the officers and the law enforcement objects. This has led to the frequent occurrence of serial crimes, and some even acted as the "protective umbrella" of the underworld forces." Said Yu Xun, deputy dean of the School of Criminal Justice, University of Political Science and Law.

　　Nearly half of the former vice president’s list of 37 bribers were lawyers, and some of them were once court employees.

These judicial brokers used their relationship with the political and legal officers to create favors, relationship cases, and money cases, which the masses abhorred.

　　Recently, the second press conference for the education and rectification of the national political and legal team disclosed that a total of 4,960 cases of serious violations of discipline and law by police officers at the township level were investigated and dealt with nationwide. Among them, more than 70% of cases involving human relations and relationships were involved in the same case involving multiple political and legal officers colluding with each other. , 43% were dealt with.

　　"In real life, some people boast that they can find relationships, find acquaintances, false propaganda and even fraudulent money, which seriously affects judicial credibility and the public's perception of fairness and justice." Yu Xun said.

　　A few days ago, the People's Procuratorate of Yangpu District, Shanghai filed a public prosecution against the criminal suspect Yu XX.

According to the prosecution, in February last year, the house demolition of the citizen Ms. Zhao involved a lawsuit, and she lost the first instance in the case.

Ms. Zhao was introduced by a friend and learned that Yu XX knew a "relevant person", and if she wants to appeal, she can "handle" him.

Ms. Zhao paid 600,000 yuan to Yu XX to clear the relationship.

In the end, the court upheld the original judgment in the second instance.

Ms. Zhao found out that she had been deceived, so she reported to the police.

　　Case handlers said that this so-called fraudulent means of spending money to "trust people to do things" is to catch the parties and their family members to "invest in medical treatment in a hurry" and to interfere with the judicial psychology by looking for judicial brokers.

Correction of favoritism, relationship, and money cases in the judicial field and cracking down on judicial brokers have become a hot issue of concern to the masses.

　　"To cut off the black hand that interferes with justice, we should investigate and prevent violations of interrogation cases, regulate judicial personnel's interactions with parties, lawyers, persons with special relationships, and intermediary organizations, and regulate lawyers' professional behavior." Professor Xiao, Renmin University of China Law School Jianguo said.

　Strictly implement the "three regulations" and "record every question" has become a conscious follow

　　Wu Qing (pseudonym) is a first-level prosecutor of the People's Procuratorate of a certain county.

In April 2020, when Wu Qing, as the public prosecutor, was handling the case of Wang Shun's (pseudonym) dangerous driving, he received a call from Wang Shun's uncle and police officer Wang Changgui (pseudonym) of the County Public Security Bureau, requesting Wu Qing to file the case with the court hearing the case. Sentencing recommendations for probation apply.

Wu Qing immediately refused, and truthfully recorded Wang Changgui's act of requesting intercession as a criminal suspect, Wang Shun, and then suggested that the court sentence Wang Shun to detention.

In May 2021, the procuratorate issued a report to Wu Qing who truthfully recorded and reported that others violated the "three regulations."

Wang Changgui was exhorted to talk and deal with it.

　　The "Three Regulations" refer to the "Regulations on Records, Notifications, and Accountability of Leading Cadres Interfering in Judicial Activities and Intervening in Specific Cases" issued by the Central Committee, the State Council, the Central Political and Legal Committee, and the "Three Ministries" and "Internal Judicial Organs" Provisions on the Record and Accountability of Personnel Interrogation Cases" "Provisions on Further Regulating the Contact and Exchange Behaviors of Judicial Personnel with Clients, Lawyers, Specially Related Persons, and Intermediary Organizations."

　　The "three regulations" to prevent interference in justice are the "purifier" of the judicial environment, the "safety valve" of fairness and justice, and the "talisman" of resisting corruption and degeneration.

In recent years, the political and legal organs’ high-pressure posture and self-consciousness of strictly implementing the "three regulations" have been increasing, but there are still some outstanding problems, such as the inadequate understanding of some police officers, inadequate investigation of responsibilities, and inadequate propaganda.

　　Focusing on the new situation and new problems, all localities and units took the opportunity of the education and rectification of the national political and legal teams to comprehensively investigate and rectify the outstanding problems in the implementation of the "three regulations."

As of July 31, a total of 104,000 cases of violations of the "Three Regulations" on the prevention of judicial intervention have been investigated and found nationwide, and 83,000 police officers have been punished.

Since the rectification of education, the number of police and law officers' record of interfering and intervening cases has increased significantly, and "recording every question" has become a conscious follow.

　　On January 12 this year, Zhou Chunmei, a judge of the Hunan Higher People's Court, was retaliated against a certain assailant for repeatedly refusing to greet a certain illegal request for the case. Unfortunately, he was only 45 years old.

Zhou Chunmei defended judicial justice with blood and life, and also aroused the greater determination of the political and legal officers to consciously implement the "three regulations."

　　In Hunan, the three-level courts of provinces, cities, and counties have fully launched the "three regulations" new record and report platform, and expanded the scope of registration records and reports to all staff, so as to cover all staff and record every question.

The establishment of a monthly reporting system, the long-term "zero report" and "zero investigation" courts, the Hunan Higher People's Court conduct interviews with the main leaders of the units.

　　In Shanxi, the Provincial Party Committee’s Political and Legal Committee incorporated the implementation of the "three regulations" into the content of law enforcement supervision by the Party Committee’s Political and Legal Committee, and improved measures such as regular notification, mandatory record filling, disclosure of typical cases, warning education, responsibility reverse inspection, and incentive protection.

　　In Zhengzhou, Henan, the Municipal Procuratorate incorporated the implementation of the "three regulations" and "intervention and intervention in major issues of prosecution and handling of cases" into the evaluation content of the party style and clean government construction work of the grassroots prosecutors' offices to transmit pressure and stimulate motivation.

　　"Strict implementation of the'three regulations' can change the misconception that'lawsuit is ties', and defend law enforcement and judicial justice more vigorously." Xiao Jianguo said.

Build an information sharing platform to speed up the formulation of the "Prohibited Business List"

　　Liu Moumou once served as a full-time member of the trial committee of a certain city’s Intermediate People’s Court. After retiring, he took advantage of the convenient conditions formed by his original leadership position to provide assistance to the lawyer Zeng Mou in inquiring about the case and changing the judgment of the case. A certain amount of more than 300,000 yuan.

The suspected crime has been transferred to the judicial organs for handling.

　　In the education and rectification of the political and legal contingent, various localities have launched actions to manage the phenomenon of judges and prosecutors acting as judicial brokers after they leave their posts.

　　The Political and Legal Committee of the Jilin Provincial Party Committee issued a special rectification work plan, requiring the Provincial Court and the Provincial Procuratorate to conduct a comprehensive investigation of the personnel who have withdrawn from their posts in the system and make timely job adjustments, and strengthen the random inspection and verification of the employment status of retired, resigned, expelled and transferred personnel The Provincial Department of Justice has strengthened the guidance and management of lawyers’ practice, established a “blacklist” system for lawyers, and increased administrative penalties on “brokers” lawyers. If the circumstances are serious, the team of lawyers will be removed.

　　The two-level procuratorial organs of Zhengzhou City, Henan Province concentrated on investigating the problems of prosecutors engaging in the profession of lawyers and acting as judicial brokers after leaving office. A total of 1,284 resigns and retirees were investigated, and retired police officers of the two-level procuratorial organs signed a letter of commitment.

On this basis, we adhered to the simultaneous development of "governance at the moment" and "standing for a long time", and a total of 17 various systems were formulated to ensure that the Zhengzhou procuratorial team was clean and vigorous and full of vitality.

　　In the action of rectifying judicial brokers, information technology has become an important means.

　　The Yibin Judicial Bureau of Sichuan Province has developed the "Yibin Judicial Intelligent Early Warning Platform" and the legal professional information sharing platform for outgoing legal prosecutors. With the help of big data, the living space of "judicial brokers" is effectively compressed.

The database covers 617 full-time and part-time lawyers, 354 courts and 329 retired prosecutors in the city, including 11 items of personal information, employment area, work unit, and resignation level.

　　The system automatically compares retired and retired personnel from legal prosecutors. The legal profession is included in the blue warning management, the blue warning personnel engaged in litigation business is included in the yellow warning management, and the case represented by the yellow warning personnel is compared with the case-handling judges and prosecutors. Concentrated, and the winning rate is abnormal, included in the red warning management.

Once the red alert personnel appear, the court, the procuratorate, and the judicial bureau immediately initiate a joint consultation, warning interview, and case back investigation mechanism.

　　"A national networked search system for legal practitioners should be established. Only in this way can the information of judges and prosecutors be found on a unified platform, so that the appointment of judges and prosecutors can be avoided not only through file investigations, but also through informatization. Means to obtain." Yu Xun suggested.

　　It is understood that the education and rectification of the political and legal teams has fully figured out the employment status of 149,000 outgoing judges and prosecutors since the 18th National Congress of the Communist Party of China, and conducted a key screening of 7,640 people who have been engaged in the lawyer profession after leaving office. It was found that 2044 people engaged in the lawyer profession in violation of regulations. .

　　All localities and departments insist on precise implementation of policies to rectify violations, such as those that should be dismissed, the transfer of transfers, the adjustments of the adjustments, and the serious cases should be handled in accordance with regulations, disciplines and laws and accountability to achieve rectification, education, punishment and supervision. Organically unified.

The central political and legal units are speeding up the formulation of the "prohibited business list" for the spouses, children and spouses of police officers in the system to conduct business activities, refine and clarify policy boundaries, promote the establishment of normalized investigation, automatic identity verification, and case back investigation mechanisms, and eliminate judicial brokers Breed and spread the soil.