At 9:00 a.m. on the 8th, the 5th session of the 13th National People's Congress held its second plenary session in the Great Hall of the People to hear a report by Li Zhanshu, chairman of the Standing Committee of the National People's Congress, on the work of the Standing Committee of the National People's Congress. Hear the report of Zhou Qiang, President of the Supreme People's Court, on the work of the Supreme People's Court, and the report of Zhang Jun, the chief procurator of the Supreme People's Procuratorate, on the work of the Supreme People's Procuratorate.
Zhang Jun, Chief Procurator of the Supreme People's Procuratorate: On behalf of the Supreme People's Procuratorate, I will report to the General Assembly, please review it, and invite members of the National Committee of the Chinese People's Political Consultative Conference to give their opinions.
Zhang Jun: 2021 work review
2021 is a landmark year in the history of the party and the country.
On the occasion of the 100th anniversary of the founding of the Communist Party of China and the 90th anniversary of the establishment of the people's procuratorial system under the absolute leadership of the Party, the Central Committee of the Communist Party of China issued the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era", which gave greater political responsibility.
Under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at its core, and under the strong supervision of the National People's Congress and its Standing Committee, the Supreme People's Procuratorate adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and deeply understood the decisive significance of the "two establishments". , consciously integrated into national governance, and actively performed their duties in accordance with the law, and made new progress in procuratorial work.
1. Serve the overall situation and promote high-quality development through the performance of procuratorial duties
Resolutely safeguard national security and social stability.
Fight the active battle to safeguard national political security.
The fight against gangsters and evil has been carried out on a regular basis, and social order has continued to improve.
Cooperate with the public security organs to continue to carry out "anti-trafficking" and "reunion" operations, severely punish crimes of human trafficking, and dig deep into historical cases.
From 2000 to 2021, the number of people prosecuted by procuratorial organs for abducting and trafficking in women and children has dropped from 14,000 to more than 1,100, an average annual decrease of 11.4%; the number of people prosecuted for buying and selling abducted women and children has increased from 155 to 328.
Implementing the "China Action Plan Against Human Trafficking", the prosecution of human trafficking crimes will continue to be strict; the crimes of buying, not rescuing, or obstructing the rescue of abducted and trafficked women and children will be resolutely and severely punished.
Efforts will be made to create a legal business environment that is safe for business and beneficial to enterprises.
Strive to prevent enterprises from getting into trouble due to cases, and continue to implement procuratorial policies such as non-arrest and non-prosecution of the person in charge of the company involved in business-related crimes in accordance with the law.
Further implement the pilot compliance reform of the enterprises involved in the case, and if there is no need to arrest or prosecute in accordance with the law, instruct the enterprises involved to make compliance commitments and make effective rectification; jointly build a third-party supervision and evaluation mechanism with 8 departments, and join hands with the judiciary, law enforcement, and industry supervision to strictly enforce the law. Tubes show love.
A private enterprise in Hubei was involved in a business crime, and the procuratorial organ urged it to make rectification in compliance with the case. Six months later, it was strictly assessed and confirmed by a third party to be qualified, and it was decided not to prosecute.
Enterprise rectification, operation on the right track, new investment of 100 million yuan, driving hundreds of jobs.
For some enterprise-related cases that have been "suspended" for a long time, the Ministry of Public Security and the Ministry of Public Security continue to carry out special clean-up. For those with insufficient evidence and no results in the investigation, we will resolutely implement the never suspected crime, and the vitality of the enterprise will be released.
The Ministry of Commerce and the Ministry of Justice has conducted a pilot program to allow community corrections subjects to temporarily go to other places to engage in production and business activities.
Flexible supervision is integrated into trust, which is more conducive to transformation and development.
Actively participate in the prevention and resolution of financial risks.
Establish a procuratorial office stationed in the China Securities Regulatory Commission to help supervise the capital market in accordance with the law and safeguard the legitimate rights and interests of investors.
Prosecutions of financial crimes rose 3.3% year over year.
Strictly prosecute money laundering crimes, so that upstream "crimes" and "bootlegs" have nowhere to hide.
Work together to advance the fight against corruption.
Standardized the connection between supervisory inspections and accepted more than 20,000 people who were transferred by supervisory committees for job-related crimes, a year-on-year increase of 5%.
Together with the State Supervision and Administration Commission, we jointly promoted the investigation of bribery and bribery, and the prosecution of bribery crimes and bribery crimes increased by 21.5% and 16.6% respectively year-on-year.
Cheng Sanchang, who fled overseas and refused to be brought to justice, has been prosecuted under the trial in absentia procedure, and his criminal responsibility has been investigated according to law.
To prevent corrupt elements from escaping, the legal net is Skynet.
Efforts to serve innovation and development.
20 provincial-level procuratorates have deepened the integrated performance of intellectual property criminal, civil and administrative procuratorates and strengthened comprehensive protection.
We continued to intensify efforts to punish crimes of intellectual property infringement, and prosecuted 14,000 people, a year-on-year increase of 15.4%.
Create a clean cyberspace.
In conjunction with the Ministry of Public Security, etc., it has issued guidelines for handling criminal cases such as telecommunication and network fraud, with a whole chain of crackdowns and integrated prevention and control.
Coordinated to promote the "broken card" action, for some students involved in the case, released typical cases with the Ministry of Education, and carried out anti-fraud on campus, not only to prevent students from being victimized, but also to prevent deceived participants from participating in the victim.
Continued the private prosecution of the case of cheating and derailment of the courier woman, and successively released the guiding case for the protection of citizens' personality rights, and prosecuted more than 3,400 people for crimes that seriously endangered social order and violated citizens' rights, such as online defamation, insults, and violations of citizens' personal information. rose 51.3%.
Wu downloaded a photo of a woman and her grandfather from the Internet, compiled it into an "old husband and young wife" spoof and released it, with more than 470 million views.
Guangdong public security organs filed a case for public prosecution, and the procuratorial organs approved the arrest.
In cyber virtual space, governance according to law must be implemented.
Contribute to the construction of a beautiful China.
Continuing to strictly prosecute crimes that damage ecological environment resources has shown results. Last year, 49,000 people were prosecuted, the first decline in eight years.
Promote source governance, handle 88,000 public interest lawsuits in this field, a year-on-year increase of 4.7%.
The waters of Nansihu Lake and the four provinces of Shandong, Henan, and Anhui are intertwined with multiple pollution due to different treatment standards for the upstream and downstream, as well as the left and right banks.
The Supreme People's Procuratorate directly filed the case, called the prosecutors of the four provinces to handle the case, helped the local governments to work together to manage the case, unified the sewage discharge standard and the coal mine exit plan in the protected area, cleaned up the solid waste, demolished the illegal buildings, and banned illegal breeding, which lasted for a lake in early October Clear water.
2. The judiciary is for the people, and the performance of the procuratorial duties relieves the people's distress and hope
Protect the good life of the people.
11,000 people were prosecuted for the manufacture and sale of toxic and harmful food, counterfeit and inferior medicines, a year-on-year increase of 29.8%.
30,000 public interest litigations in the field of food and drug safety were handled, a year-on-year increase of 10%.
Prosecuting the crime of manufacturing and selling counterfeit medicines, with civil public interest litigation, and recourse for punitive damages will make those who wantonly harm the public welfare pay a higher price.
To be true to the masses' petition "every piece has a reply".
At the National Two Sessions in 2019, we promised to "reply the procedure within 7 days, and reply to the process or result within 3 months" for the mass petition.
In the past three years, the 2.79 million letters and visits received were informed within 7 days of "received, who is handling it", and the response rate for the handling within 3 months exceeded 90%.
What the petitioners are looking forward to is the conclusion of the case.
Pay close attention to leading cadres to take the lead in handling the case; comprehensively promote public prosecutorial hearings.
Compared with 2019, the total number of petitions, repeated petitions and petitions to the Supreme People's Procuratorate decreased by 4.7%, 7.5% and 8.9% respectively last year, and the "inverted triangle" structure of petitions continued to improve.
Prosecutorial comprehensive protection allows children to grow up better.
Implement the law on the protection of minors, and integrate judicial protection into family, school, society, network and government protection to form a joint force, so that "1+5>6=real".
Continue to implement the "No. 1 Procuratorial Recommendation".
Mandatory reporting and entry inquiry systems have been elevated to legal provisions.
Strictly prosecuted 61,000 people for crimes against minors such as sexual assault and abuse, a year-on-year increase of 5.7%.
Minors are vulnerable to infection, difficult to recover, have limited employment, and parents are helpless. Procuratorial organs in Jiangsu, Zhejiang and other places have promoted the prohibition of minors' incarceration through special supervision of public interest litigation.
39,000 prosecutors serve as vice-principals of the rule of law in 77,000 primary and secondary schools, working with all parties to support the children of the rule of law.
Resolutely safeguard the interests of national defense and the legitimate rights and interests of servicemen, family members, heroes and martyrs.
We formulated and implemented the new era military and local procuratorial cooperation opinions, and prosecuted crimes that endangered national defense interests and violated the legitimate rights and interests of servicemen and military members, an increase of 43% year-on-year.
Publish typical cases of sabotaging military marriages, promote the judicial protection experience of minor children of military personnel, safeguard their rights in accordance with the law, and protect "military children".
Handle 46 civil public interest lawsuits in the field of protection of the rights and interests of heroes and martyrs.
Internet bloggers maliciously slandered the heroes and martyrs of the Volunteer Army and arbitrarily insulted the martyrs who defended the country and defended the border.
The rule of law enhances the kinship and well-being of fellow citizens.
Strengthen judicial exchanges and cooperation with Hong Kong and Macao.
Properly handle cases involving Hong Kong, Macao, Taiwan and overseas Chinese.
Join hands with the All-China Federation of Returned Overseas Chinese to provide legal services for overseas Chinese.
Actively warm the grassroots level of justice.
For elderly people with weak litigation ability, petition for alimony, rights protection for disabled persons, divorce of women subjected to domestic violence, and wage demands by migrant workers, 44,000 cases were supported, an increase of 80.9% year-on-year.
Positive progress has been made in promoting the construction of Ping An Hospital, and the crime of injuring and interfering with doctors has dropped significantly.
Join hands with the China Disabled Persons' Federation to effectively strengthen the judicial protection of persons with disabilities.
3. Deepen supervision and maintain fairness and justice through the performance of procuratorial duties
Actively perform their duties in accordance with the law in the process of restriction and supervision, promote self-correction and reduction of mistakes by law enforcement and judicial organs, and promote strict law enforcement and impartial justice as a whole.
Deepen the supervision of criminal proceedings.
In conjunction with the Ministry of Public Security, we will issue opinions and jointly set up an investigation supervision and cooperation office, so as to cooperate effectively and supervise more effectively to improve the quality of investigation and case handling.
After the Criminal Law Amendment separates the crime of assaulting police from the crime of obstructing public affairs, more than 6,500 people have been prosecuted for assaulting a police officer, and law enforcement guarantees are more distinct and powerful.
We will deepen the supervision of law enforcement in prisons and detention centers.
Directly organized circuit inspections of 10 prisons, and 6 major prosecutors led the circuit inspection team to discover and urge the rectification of prominent problems such as drug-related and gambling-related problems in prisons, and promoted the investigation and punishment of duty-related crimes.
Precisely carry out civil litigation supervision.
Protests filed increased by 6.5% year-on-year, and the rate of court change increased by 7.4 percentage points year-on-year.
The special supervision carried out for three consecutive years has achieved initial results, and the correction of "false lawsuits" and the prosecution of false litigation crimes decreased by 12.6% and 16.1% respectively year-on-year.
Comprehensively deepen administrative procuratorial supervision.
Focusing on non-litigation enforcement of land, there were 16,000 cases involving failure of the special supervision court to accept in a timely manner, non-standard enforcement, and administrative agencies' delay in applying for compulsory enforcement, involving a land area of 190,000 mu.
Protecting land resources must start with the strict protection of every mu of land in accordance with the law.
In order to solve the complaints of some administrative litigation cases that have been closed but the litigation has not been resolved, the comprehensive use of public hearings, procuratorial suggestions, judicial assistance and other measures has effectively resolved 9,100 administrative disputes, of which 435 have been litigated for more than 10 years.
The judiciary must strive to pursue substantive justice, not just formal legality.
Strictly prosecute judicial staff for duty crimes.
More than 2,200 people were registered and investigated, a year-on-year increase of 58.6%.
There must be zero tolerance for judicial corruption in law enforcement.
Deepen the benign interaction of procuratorial law.
Respect and support lawyers in performing their duties.
A full-scale pilot program for lawyers to read files on the Internet, and you don't have to run once to check the file.
Build a professional community where "pro" does not go beyond the norm and "clear" does not alienate.
4. Governing the source of complaints, ensuring a high level of security through the performance of procuratorial duties
Judicial handling of cases should not only focus on the end and cure the disease, but also at the front end and treat the disease before it.
Repeated and large-scale illegal crimes are all related to the basic work of social governance.
Since 2018, the Supreme People's Procuratorate has issued procuratorial recommendations No. 1 to No. 6 to relevant departments.
In response to the issue of express delivery safety, in 2021, the "No. 7 Procuratorial Suggestion" will be issued to the State Post Bureau, which will be copied to 12 departments to promote the formation of a joint supervision force.
The Ministry of Public Security and the State Post Bureau carried out special operations in a timely manner, and cracked more than 1,700 drug delivery cases in three months.
Actively implement the criminal justice policy of fewer arrests, prudent prosecution and prudent detention.
Adapting to changes in the structure of criminal offenses, severely punishing serious criminal offenses, and giving lenient treatment to most minor offenses, first-time offenders, etc. in accordance with the law, will help differentiate crimes and reduce social opposition.
In the whole year, 385,000 people were not apprehended and 348,000 people were not prosecuted, an increase of 28.3% and 1.5 times respectively over 2018; supplemented by public hearings, judicial assistance, etc. to promote consensus, the public security organs’ requests for reconsideration and review decreased by 37.4%, and victims filed complaints Down 11.2%.
For those who could not be detained after arrest, 56,000 people were recommended to be released or changed to compulsory measures according to law, and the pre-trial detention rate dropped from 54.9% in 2018 to 42.7%.
Using electronic wristbands, big data and other technological means to supervise, no one has been released on bail pending trial.
Society is progressing, and it can be managed without being "locked up".
Promote the full implementation of the leniency system for admitting guilt and accepting punishment.
Pleas of guilt and leniency are conducive to resolving conflicts, promoting harmony, and achieving endogenous social stability.
Prosecutors actively lead the exhaustion.
Last year, the application rate exceeded 85%; the first-instance judgment rate was 96.5%, reducing a large number of appeals and appeals from the source.
The judicial effect is good, relying on the superior litigation system.
Let public interest litigation more effectively protect public interest.
169,000 public interest lawsuits were filed and handled, an increase of 50% over 2018.
The best judicial state is to achieve the purpose of safeguarding the public interest before litigation, and the vast majority of cases solve the problem of public welfare damage before litigation.
Actively and steadily expand the scope of public interest litigation cases, and China's plan for judicial protection of public interest has attracted much attention.
5. Strict governance and inspection, forging a procuratorial iron army with the performance of procuratorial duties
Integrate politics with business construction.
Compilation of a series of textbooks on the study and implementation of Xi Jinping's thought on the rule of law for procuratorial duties.
Promote the training of judges, prosecutors, and people's police in the same classroom.
Build a procuratorial case database.
Twelve prosecutors, including Wang Min, Wang Chaoyang, Peng Qingwen, and Cao Yanqun, sacrificed their precious lives for the party and the people, forging us not to forget our original aspirations and to move forward with our aspirations.
Make sure that the education and rectification of the procuratorial team is carried out.
2,800 prosecutors were investigated and dealt with in accordance with discipline and law.
Four people from the Supreme People's Procuratorate were punished by party discipline and government affairs, and one person was transferred to be investigated for criminal responsibility.
Continue to implement the "three regulations" to prevent judicial interference, and record 162,000 reports, 2.4 times the number in 2020.
Education and rectification are always on the way, and it is an iron rule that every question must be recorded.
Consolidate and deepen the reform of the judicial system.
The focus is on the implementation of procuratorial responsibilities.
Since 2018, 246 wrongful cases have been revised and corrected, and 246 wrongful cases have been rectified since 2018. The "Zhang Yuhuan case" and other wrongly detained for more than ten years have been directly supervised, and 511 prosecutors have been strictly held accountable, including 134 members of the procuratorate team and 122 retirees. people.
"Lifelong accountability" is not a slogan, "error correction cannot stop at state compensation, and accountability must fall to the responsible subject" is not a slogan.
Pay more attention to strong base orientation.
The main contradiction in the construction of grassroots procuratorates is generally transformed from the shortage of money and materials to the inability to keep up with the quality and ability of people.
Adhering to the principle of using points to make up for the weak and the weak, 82 of the 129 weak grass-roots procuratorates have been sorted out, and 82 have changed their appearance from weak to strong.
Ladies and gentlemen, we consciously accept the supervision of the People's Congress and democratic supervision.
Invite representatives to inspect work and participate in procuratorial activities.
Consciously accept duty performance constraints and social supervision.
People's democracy in the whole process allows fairness and justice to be "watched", evaluated, and more perceptible.
Over the past year, the main responsible comrades of the provincial party committees have given instructions to implement the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era", and 23 provincial party committees have issued implementation opinions.
The people's procuratorial cause is enjoying the best period of development and is undergoing an overall remodeling.
This is rooted in the leadership of General Secretary Xi Jinping, the scientific guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, and the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core; thanks to the strong supervision of the National People's Congress and its Standing Committee, and the strong support of the State Council , the democratic supervision of the National Committee of the Chinese People's Political Consultative Conference, the cooperation and restraint of the National Supervisory Commission and the Supreme People's Court, all democratic parties, federations of industry and commerce and persons without party affiliation, all people's organizations and local party and government organs at all levels, representatives, members and all sectors of society are sincerely concerned, Support and help.
On behalf of the Supreme People's Procuratorate, I would like to express my heartfelt thanks!
We are clearly aware that there is still a big gap in the procuratorial work.
Learning, thinking, practicing, and realizing Xi Jinping’s thought on the rule of law still need to go deeper and more solid. The effectiveness of serving and guaranteeing high-quality economic and social development is not enough. The development of the “four major procuratorates” is not coordinated. weakness.
We must solve problems and open new chapters with greater energy.
Zhang Jun: 2022 work arrangement
In 2022, the procuratorial organs should closely focus on the main line of serving and guaranteeing the victory of the 20th National Congress of the Communist Party of China, focusing on the theme of high-quality development, adhering to the general tone of the work of seeking progress while maintaining stability, and deepening the implementation of the opinions on strengthening the legal supervision of procuratorial organs in the new era.
Adhere to steady progress and maintain national security, social stability, and people's peace.
Strictly prosecute crimes against women and children's rights.
Equal protection for all types of market entities.
Pay close attention to the implementation, adhere to the courage to supervise, be good at supervision, and have the courage to carry out self-supervision, and promote the integrated and integrated development of the "four major inspections".
Continue to improve and deepen the training of all staff on Xi Jinping's thought on the rule of law.
Consolidate and expand the achievements of party history learning and education and the education and rectification of political and legal teams, and urge prosecutors to take their responsibilities with strict management and love.
Ladies and gentlemen, on the road of realizing the great rejuvenation of the Chinese nation, the people's procuratorial cause has embarked on a new journey.
We will unite more closely around the CPC Central Committee with Comrade Xi Jinping at its core, anchor the grand blueprint drawn up by the CPC Central Committee, faithfully perform the function of legal supervision, and make new contributions to building a modern socialist country in an all-round way!
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