Four NPC deputies talk about how the procuratorial organs can perform their duties
Integrate "preventive treatment" into judicial case handling
Yu Xiaoman Ning Yue Shufang
In the case of a woman who was derailed by a courier, “private prosecution was transferred to public prosecution”; it was difficult for vulnerable groups to defend their rights, and the procuratorial organs “understood” the prosecution and assumed the responsibility of legal supervision; when a juvenile “old smoker” was discovered during the handling of the case, a public interest lawsuit was launched to urge the implementation of the campus Smoking ban in the surrounding area... Being able to perform duties according to the law is a high-frequency word in the work report of the Supreme People's Procuratorate, and it is also a new highlight of the procuratorial work in the past year.
Several deputies to the National People's Congress said that the procuratorial organs' ability to perform their duties in accordance with the law is an accurate grasp and resolute implementation of Xi Jinping's thought on the rule of law. The construction of the rule of law must not only focus on the end, "treatment of the disease", but also at the front end, "treatment before the disease". .
It is necessary to "cure the disease" and "cure the disease before"
"The starting point and goal of active procuratorial work is to serve the overall situation and serve the people's justice." Han Deyun, deputy to the National People's Congress and executive partner of the Chongqing Office of Zhonglian Law Firm, noted that in recent years, the Supreme People's Procuratorate has combined the problems found in the case handling, successively Issue procuratorial suggestions No. 1 to No. 7 to promote the correction of shortcomings in social governance.
"Procuratorial organs issue social governance procuratorial suggestions, which will help promote the governance of the source of complaints and help improve the legalization and modernization of social governance." Representative Han Deyun said.
The high evaluation of the procuratorial suggestion comes from the real experience of the representative of Han Deyun.
In April 2021, in light of the outstanding problems reflected in land acquisition and demolition cases, the Chongqing Municipal Procuratorate sent a social governance inspection suggestion to the planning department to help build a dynamic adjustment mechanism for land acquisition compensation and resettlement standards.
"This kind of practical logic of starting from individual cases, reflecting on the inadequacy of social governance, and then making up for it and preventing problems before they happen, shows the proactive responsibility of the procuratorial organs." Representative Han Deyun said that the judicial organs in the new era should not only sweep the "snow before the door", but should There is a "bigger of the country" station.
Ma Yisifu, a deputy to the National People's Congress, is the party branch secretary of Hongguangshang Village, Chahandusi Township, Xunhua County, Qinghai Province.
"To be honest, ordinary people are reluctant to file lawsuits. They are very embarrassed. Especially when it comes to arrears of wages, sometimes they can only be dumb eating Huanglian and admit that they are unlucky." In a discussion with the local prosecutor's office, Ma Yi The representative of the four husbands learned that the procuratorial organs can support the prosecution of some vulnerable groups who defend their rights.
"The more the procuratorial organs do, the less trouble the common people have," said the representative of Ma Yisifu.
One step forward for supervision and one step forward for source of complaint governance
"Practicing the law to activate justice, the procuratorial case handling should pursue the 'three realms'." He Hengyang, deputy to the National People's Congress and chief procurator of the Chongqing Municipal Procuratorate, interpreted it this way - "distinguish right from wrong, set points to stop disputes", "stop the lawsuit and call, and the case is closed." "Promoting Management, Innovative Governance".
"The 'triple realm' itself is a system. 'This' is to handle cases in accordance with the law, 'to be satisfied by the people, and 'effective' to innovate governance." Representative He Hengyang said that since 2021, Chongqing procuratorial organs have thoroughly implemented the "CPC Central Committee" "Opinions on Strengthening the Legal Supervision of Procuratorial Organs in the New Era", constantly extending the tentacles of supervision, focusing on solving difficult and soft problems in supervision.
For example, based on the joint promotion of the Chongqing Municipal Procuratorate and the Chongqing Municipal Public Security Bureau to establish the Office of Investigation Supervision and Cooperation, the procuratorial organs have explored and built a visual system synchronous supervision platform, which further extends the supervision tentacles to the front line of receiving and handling police.
"Changing 'on-scroll supervision' to 'on-screen supervision' is the key to solving the problems of case-filing supervision and supervision of investigation activities. It starts supervision without waiting for defects and problems to appear, which improves quality and efficiency." Introduced by representative He Hengyang, 2021 Relying on the platform, 38 district and county procuratorates in Chongqing and Liangjiang district procuratorates intervened in 215 difficult and complex cases in advance and put forward 189 suggestions for improvement.
As the threshold of legal supervision moves forward, the quality and effectiveness of the supervision of the procuratorial organs becomes more and more prominent.
Representative He Hengyang introduced that the supervision of the execution of punishment can perform its duties in accordance with the law, and it has also played a positive role.
In November 2021, a "Dongmei work method" for handling commutation and parole cases was fully promoted in the prison procuratorate of 15 prisons in Chongqing, and the supervision of commutation cases was intervened in advance, effectively eliminating "paper review".
Integrate the "big man of the country" into the performance of duties and handling cases
The Supreme People's Procuratorate's work report proposes to provide equal judicial protection to various market entities such as state-owned and private enterprises, domestic and foreign-funded enterprises, large, medium, small and micro enterprises, comprehensively promote the compliance reform of the enterprises involved in the case, and implement a third-party supervision and evaluation mechanism.
"This innovative reform of duty performance, which integrates terminal processing and front-end governance, is of great significance to creating a legal business environment and promoting innovation-driven development." For this work, the representative of the National People's Congress and secretary of the Yubei District Committee of Chongqing Municipality Yu Huiwen has a deep understanding.
Three years ago, due to a case of infringement of trade secrets, two private pharmaceutical companies in the same chemical park had many entanglements, and the cooperative relationship almost broke down, and one of them was even on the verge of bankruptcy.
The three-level linkage of the procuratorial organs in Chongqing led the two parties to reach a package of understanding agreement after six rounds of mediation. After the infringing company was not prosecuted, it was fully compliant and developed.
"As the leader of the grass-roots party committee, developing the economy is an important task. After some companies violate the law, if there is no compliance system for the companies involved in the case, the business operation of the company will be stagnant at light, or go bankrupt at worst. The factory'." Representative Yu Huiwen said.
"Looking back, it is precisely because of the active procuratorate that the compliance reform of the companies involved in the case reflects the 'big man of the country', so that the majority of enterprises can enjoy the dividends of the reform." Representative Yu Huiwen said.
(This newspaper, Beijing, March 8th)