Comprehensive investigation of 15.24 million “temporary holiday reduction” cases
Treat both symptoms and root causes, strictly regulate the "temporary holiday reduction"
(rule of law headlines · political and legal team education and rectification series of reports ②)
Our reporter Wei Zhezhe
Commutation, parole, and temporary execution outside of prison for violations of regulations and laws are typical judicial corruption problems in the execution of penalty changes, which seriously endanger the authority of the rule of law and judicial credibility.
The rectification of stubborn diseases such as commutation of penalties for violations of regulations and laws, parole, and temporary execution outside prison is an important task focused in the education and rectification of the national political and legal team.
The problems that arise in the execution of penalties must be discovered and dealt with together, but it is necessary to treat both the symptoms and the root causes.
How to thoroughly investigate the problems in the “temporary holiday reduction” case and correct them in accordance with the law?
How to make up for shortcomings and block loopholes, establish a long-term mechanism, and prevent problems such as "serving a sentence on paper" and "raising money from prison" that make the people hate it?
The reporter conducted an interview.
Full investigation of "temporary holiday reduction" cases over the past 30 years
For some time, the case of Inner Mongolia Batumenghe "serving a sentence on paper" for 15 years after deliberate murder has attracted widespread public attention.
In June 1993, Batumenghe was sentenced to 15 years in prison and deprived of political rights for two years by the former Intermediate People’s Court of Hulunbuir League for intentional homicide.
However, after being sentenced, Batumenghe had violated the law on bail for medical treatment and had been out of control for a long time.
Eventually, after being reported and verified by the masses, he was put into prison in accordance with the law.
In April this year, after a joint investigation by the Inner Mongolia Autonomous Region Party Committee, the Political and Legal Affairs Commission, the Commission for Discipline Inspection and Supervision, and other departments, the case of "serving a sentence on paper" came to the end.
Disciplinary inspection and supervision agencies have identified 84 persons responsible, 54 party disciplinary and government sanctions have been given, of which 10 were transferred to judicial authorities for investigation and handling of suspected crimes, and 20 were dealt with by organizational measures such as admonishment talks.
For persons suspected of illegal crimes, the judicial organs will seriously pursue legal responsibilities in accordance with the law.
Resolutely investigate to the end, never omit, severely punish and not lend, and "zero tolerance" for the damage to social fairness and justice, law enforcement violations, and dereliction of duty. The in-depth investigation of the Batumenghe case is in the education and rectification of the national political and legal team. Afterburning efforts to rectify violations of laws and regulations "temporary holiday reduction" is a microcosm of the stubborn disease.
"At present, various localities have deeply summarized and learned the lessons of related cases, and are in accordance with the requirements of the comprehensive investigation and rectification opinions issued by the Central Political and Legal Committee. Achievements.” According to the relevant person in charge of the National Political and Legal Team Education Reorganization Office, all localities adhere to the combination of entity investigation and procedural investigation, and in accordance with the requirement of "seeing people, seeing things, seeing evidence", in-depth investigation of various problems that exist in the case handling process," Focus on checking whether there are frequent bonus points, easy-to-obtain and scoring work types, multiple transfers of prisons or prison areas, and serious violations of prison rules and disciplines that have not been dealt with in accordance with laws and regulations."
The reporter learned that in the country’s first batch of political and legal personnel education and rectification, 15.24 million cases of commutation, parole, and temporary execution outside prison that have been handled since the 1990s have been comprehensively investigated, and “point-stepping and commutation” have been carried out. More than 1.6 million key cases were evaluated and checked, 87,000 cases were verified and identified, including 46,000 cases of commutation, 7,890 cases of parole, and 33,000 cases of temporary execution outside prison.
Judging from the investigation, there were 15,000 cases where there were problems in prison (public security) filing, procuratorial supervision, and court trials.
"Punishment execution is an important judicial link to implement the state's criminal negative evaluation of criminals. The'temporary reduction of falsehoods' in violations of regulations and laws seriously affects the effectiveness of criminal law operations, seriously damages judicial credibility, and at the same time becomes a breeding ground for corruption." China University of Political Science and Law Criminal Wang Zhiyuan, deputy dean of the School of Justice, said that in recent years, the public has paid great attention to “temporary” cases of “temporary reduction of holidays” such as “serving a sentence on paper”, “withdrawing money from prison”, etc. The essence of this is the concern for fairness and justice, and the rectification of violations and “reductions”. "Fake temporary" embodies the determination of the political and legal system to inwardly and scrape the bones to cure drugs. Its significance lies not only in the justice itself, but also in demonstrating the determination to maintain fairness and justice.
Correction and accountability, continue to promote corrections and implement rectification
True investigations, in-depth investigations, and not being afraid of uncovering the cover are the common features of all localities' efforts to rectify violations of the “temporary false reduction” problem.
All localities insisted on investigating and verifying, clearing up and rectifying, and making corrections in accordance with disciplines and laws on issues that were thoroughly discovered through investigations; timely transfer of suspected violations of discipline and law, and serious accountability in accordance with regulations and laws.
In April of this year, the People’s Procuratorate of a county in Sichuan Province found out that in the case of Ji’s first temporary execution outside prison, no documents were found to continue the decision on temporary execution outside prison, and no execution was found. decision.
Subsequently, the county People's Procuratorate asked the county judicial bureau to carry out verification work.
It turned out that Ji Moumou was sentenced to three years in prison for the crime of drug trafficking, with a term of imprisonment from January 28, 2013 to January 27, 2016.
Because Ji was pregnant at the time, the county people's court made a decision to temporarily suspend him from prison.
On September 10, 2013, after Ji XX reported to the County Bureau of Justice, he changed his mobile phone number but did not notify the community corrections staff, and then did not report to the Bureau of Justice.
"Ji had a miscarriage at the end of September 2013, and later became pregnant and gave birth to a daughter. She is currently over 4 years old." According to the prosecutor handling the case, the Bureau of Justice has repeatedly found no results, but has not taken further measures, causing the criminal Ji to temporarily grant After the circumstances of execution outside prison disappeared, he has not been put into prison for a long time.
Subsequently, the procuratorial organ issued a notice to correct the violation to the county judicial bureau, requesting that the violation be corrected, and it is recommended that the imprisonment procedure be initiated immediately.
After receiving the corrective opinions, the justice bureau of the county filed a proposal for imprisonment execution to the people's court of the county.
In the end, the court made a decision on imprisonment and enforcement.
"Through this supervision, we deeply realize that we must strengthen the linking supervision, improve the supervision mechanism, implement the whole process of supervision, and simultaneous supervision." The relevant person in charge of the county procuratorate said.
To this end, the county's procuratorate took the lead in organizing the county justice bureau to countersign the "Working Plan for Conducting Special Rectification Work for Inadequate Supervision of Community Corrections and Inadequate Procuratorial Supervision."
At the same time, the People’s Procuratorate of the state consulted with relevant departments to deal with the universal and prominent issues in "temporary leave reduction" and community corrections, and formulated the "Working Conference on Regulating the Commutation and Parole of Criminals Involved in Property-related Sentences" "Minutes", "Community Corrections Circuit Inspection Work Measures (Trial)" and other documents.
The reporter has learned that various localities have carried out corrections of the "temporary false reduction" issue in accordance with the law in response to the verified and identified problem cases.
In Qinghai, we carried out in-depth rectification of problem cases that have been discovered, and put forward 477 suggestions for rectification in order to refine the problem. A number of problem cases were corrected; Batumenghe and other "paper-based prison sentences" cases that have attracted much attention from the society After the incident, Inner Mongolia took strict rectification and serious accountability against the root causes of the failure of governing the party and the police, the mere formality of supervision and management, the willful and reckless law enforcement, and the prevalence of social circles. It ruled that many cases of commutation were revoked, and a number of cases went to retrial. Procedure, 8 public officials were sentenced to penalties.
"According to the relevant policies of the Supreme People’s Court, the Supreme People’s Procuratorate, the Ministry of Public Security, and the Ministry of Justice, we have established a system of rectification and cancellation of problematic cases, resolutely correct wrong judgments and rulings in accordance with the law, and remove criminals who do not meet the conditions for commutation, parole, and temporary execution outside prison. Incoming prisons and detention, the follow-up will continue to implement corrections and rectifications in conjunction with the comprehensive prison management.” According to the relevant person in charge of the National Political and Legal Team Education and Rectification Office, at present, 72,000 problem cases have been corrected in accordance with regulations and laws, and shortcomings have been plugged through the entire chain to block loopholes and violations. The illegal "temporary holiday reduction" problem has been effectively rectified.
"For the in-depth management of violations of laws and regulations, the'reduction of temporary leave' needs to be resolved from the system and system." Zhang Jianwei, a professor at the School of Law of Tsinghua University, believes that opaque system operation will cause corruption in the field of criminal enforcement. Rectification and correction should address these fundamental issues. Only by analyzing the problem and finding a solution can the problem of "temporary holiday reduction" in violation of regulations and laws be curbed.
Treat both the symptoms and the root causes, improve the system and mechanism
"I have truly realized my mistakes, pleaded guilty and repented, and I will definitely rehabilitate it in the future!" On March 25 this year, a prison in Jiangsu held a hearing on Li Mou's commutation case. Invite to form a hearing group and express opinions on the spot.
During the hearing, the police from the criminal enforcement department introduced the criminal scoring assessment, administrative rewards and punishments, graded punishments, as well as confession and repentance, education and correction, etc.; live broadcast of the criminal’s statement of confession and repentance and other criminals’ reports on the reform of the criminal in the prison The video to help the hearing team members have a comprehensive understanding of the prisoner’s rehabilitation during his sentence.
"It is recommended to comprehensively consider the actual impact of Li's case and the restoration of social relations, and make a prudent decision in accordance with the law." The hearing team questioned the prison police, the criminals being heard, and representatives of criminals in the prison area to further understand and verify that the criminals pleaded guilty and repented. After the performance improvement, etc., the hearing group leader issued a hearing opinion.
The prison adopted the hearing suggestions and verified the restoration of Li's social relations. In the end, the repair effect of Li's social relations damage was not obvious. After consulting the prosecutors' opinions, the request for commutation of Li's sentence was suspended.
"Since this year, Jiangsu has established a joint hearing system for key commutation and parole cases, and has invited'two representatives and one committee member' and people's supervisors to participate in the hearing and supervision of criminal commutation and parole cases with high social concern." The relevant staff of the Jiangsu Political and Legal Committee introduced , Promote public hearings and public trust through public hearings, promote the openness of law enforcement and the continuous improvement of social participation, and achieve the unification of political, legal and social effects.
The education and rectification of the political and legal teams must adhere to both the symptoms and the root causes, be good at using system thinking and reform methods to tackle the root causes, and be good at integrating effective innovation measures and upgrading them to institutional mechanisms.
"In response to the stubborn disease of'temporary holiday reduction' in violation of regulations and laws, we must take effective measures to solve the problem from the perspective of defending the authority of the rule of law." The relevant person in charge of the National Political and Legal Team Education and Rectification Office said that relevant departments at all levels are currently in-depth analysis. We will jointly study and formulate relevant systems for all kinds of problems and weaknesses discovered in the process of law enforcement and case handling, and comprehensively improve the level of strict, fair, standardized and civilized law enforcement and justice.
“Severe sanctions will be imposed on the offenders in the case of “temporary holiday reduction” in violation of regulations and laws, and the offenders will pay a heavy price. External supervision has been fully implemented to avoid "black box operations", such as taking the form of hearings and making relevant information public.
Wang Zhiyuan also stated that exposing more penal executions to the sun is an important condition for effectively preventing the occurrence of “temporary holiday reduction” cases of violations of regulations and laws.
Regarding the establishment of a long-term prevention mechanism, Wang Zhiyuan suggested that, one is to establish a long-term penalty enforcement supervision mechanism; the other is to systematically improve the applicable standards for the “temporary execution of reduced leave” to reduce the space for illegal operations due to the ambiguity of standards ; The third is to systematically improve the procedural mechanism of "temporary holiday reduction".