Yang Chunlei, deputy to the National People's Congress and deputy chief prosecutor of the Supreme People's Procuratorate
Cases of "temporary holiday reduction" since 1990
Topics · Sentence on paper
In 2021, phenomena such as "serving prison sentences on paper" and "leaving money out of prison" have attracted much attention from the outside world.
Strictly regulated commutation, parole, and temporary execution outside prison related to these phenomena are also a hot topic of social concern.
During the National Two Sessions, a reporter from Beijing Youth Daily interviewed Yang Chunlei, deputy to the 13th National People's Congress and deputy chief prosecutor of the Supreme People's Procuratorate, and Han Weizhong, chief of the Trial and Supervision Division of the Supreme People's Court, on the above-mentioned issues.
Yang Chunlei said that procuratorial organs across the country have deeply learned the lessons of Sun Xiaoguo, Guo Wensi, and Inner Mongolia's "paper-based sentence" and other temporary cases of illegal and illegal holiday reduction, and closely focused on the goals of "reducing stock, controlling increment, and preventing variables", and focused on problem investigation and prevention. Carry out detailed investigations and rectifications, and strive to maintain fairness and impartiality in the execution of punishments.
Strengthen the dispatch of prosecutors
Combined with circuit inspection
Beiqing Daily: How can the procuratorial organs strictly prevent the phenomenon of "serving sentences on paper"?
Yang Chunlei: In 2021, in accordance with the unified deployment of the Central Political and Legal Committee, the Supreme People's Procuratorate will set up a special work class to organize and lead the national procuratorial organs to carry out in-depth special rectification. More than 11 million cases, and more than 30,000 cases were supervised and corrected in accordance with the law.
In June 2021, the Supreme People's Procuratorate held a public hearing on the case of prisoner Zhai Moumou's parole supervision case in Ganjiang Prison, Jiangxi Province, involving lawyers for the first time, and achieved good results.
Beiqing Daily: At the end of 2021, the "Opinions on Strengthening the Substantive Trial of Commutation and Parole Cases" will be released.
How does the procuratorate implement this opinion?
Yang Chunlei: The promulgation of the "Opinions on Strengthening the Substantive Trial of Commutation and Parole Cases" is of great significance, marking a new stage in the review and handling of commutation and parole cases, which is conducive to the rectification of temporary stubborn diseases of illegal and illegal leave reduction.
In the next step, we will take more effective supervision measures, strengthen cooperation with relevant departments, and jointly implement the document.
Beiqing Daily: How will it be done specifically?
Yang Chunlei: We will further update the judicial concept, conscientiously carry out synchronous supervision of the whole process, comprehensively review evidence in accordance with the law, and at the same time strengthen the organic combination of dispatched prosecutors and circuit prosecutors.
Specifically, the procuratorial organs must dare to supervise and be good at supervising, neither offside nor absent, take the initiative to empathize, put forward suggestions for improving work in a targeted manner, and jointly safeguard judicial justice.
Strengthen the score assessment, commutation and parole application activities of prisons and other penalty enforcement agencies, as well as the supervision of the trial and adjudication activities of the people's courts. Areas, key criminals, timely discovery and correction of violations of laws and regulations.
At the same time, make full use of the institutional advantages such as the centralized power and flexible methods of circuit inspections, and focus on discovering the problem of temporary reduction of leave for violations of laws and regulations.
circuit inspection
It is a major innovation in the way of procuratorial supervision
Beiqing Daily: Circuit inspection work is a hot spot for the outside world. What is circuit inspection?
Yang Chunlei: The inspection tour is an important measure taken by the Supreme Procuratorate's Party Group to focus on the changes in the main social contradictions in the new era and to thoroughly implement Xi Jinping's thought on the rule of law. It is a major innovation in the way of procuratorial supervision.
Specifically, circuit inspection refers to the working mode in which the procuratorial organs organize special forces to conduct inspections in prisons, detention centers and other places within a specific period of time. The above-mentioned people's procuratorates or dispatched criminal enforcement procuratorates organize implementation at different levels.
At the same time, combined with the situation of patrol inspections of prisons and detention centers, the inspection of the performance of the procuratorial organs that undertake the responsibilities of dispatched procuratorial organs will promote the joint improvement of the level of procuratorial supervision and supervision and law enforcement.
Through the circuit inspection of prisons and detention centers, the lawful rights and interests of the detainees are protected, the stability of supervision order is maintained, wrongful cases are rectified, strict law enforcement is promoted in prisons and detention centers, the smooth progress of criminal proceedings is ensured, and the implementation of national laws in criminal punishment and supervision activities is ensured. correct implementation in .
Detention Center Tour
Found problems such as "prison tyrants"
Beiqing Daily: Have the procuratorial organs discovered the existence of contraband and "prison tyrants" in prisons and detention centers through patrol inspections?
Yang Chunlei: In July 2019, the Supreme People's Procuratorate decided to comprehensively launch prison patrol inspections across the country, and in 2021, it will be deployed in 20 provinces across the country to carry out pilot patrol inspections of detention centers.
Judging from the situation of the circuit inspection, it was indeed found that there were problems such as contraband and "prison tyrants" in the cells.
Beiqing Daily: How to correct the above problems?
Yang Chunlei: The circuit inspection team of the procuratorial organ went deep into the work, study, and life of the supervised person. Through on-site inspections, conversations with the supervised person, and listening to opinions, they focused on discovering that the lawful rights and interests of the supervised person were violated, and the supervision order was disrupted. Supervise police-related duty crimes and other illegal and criminal clues and hidden safety hazards, and promptly correct, investigate and urge rectification in accordance with the law.
At the same time, inspect the performance of the procuratorial organs that undertake the duties of dispatched procurators, and promote the dispatched procurators to attach importance to safety inspections such as contraband and "prison tyrants".
In addition, if the supervision site finds the existence of contraband, "prison tyrants" and other phenomena during the circuit inspection, put forward opinions on correcting the violations or procuratorial suggestions in accordance with the law, and promote the resolution of outstanding problems and the improvement of the work system.
Expand community corrections
Circuit coverage
Beiqing Daily: What other important deployments are there in 2022 in terms of circuit inspection work?
Yang Chunlei: This year, we will continue to promote the patrol inspection of prisons. At the same time, we will comprehensively promote the patrol inspection of detention centers across the country, and actively explore the patrol inspection of community corrections.
For areas where no problems were found or only superficial problems were found in the pilot program last year, the Supreme Prosecutor will directly organize and conduct cross inspections of inter-provincial detention centers.
Strengthen communication and coordination with public security organs and detention centers, timely feedback the problems found by patrol inspections and urge rectification, report to the Political and Legal Committee in a timely manner, and notify the public security organs.
Based on the actual situation of supervision and case handling, formulate and issue procuratorial suggestions or correction opinions on circuit procuratorial to the public security organs.
At the same time, drawing on the practical achievements of prison and detention center circuit inspections, encourage all localities to actively carry out community corrections circuit inspections, expand the coverage of community corrections circuit inspections, and summarize practical experience and practices in a timely manner, while exploring and regulating.