On May 22, the Supreme People's Procuratorate released the first batch of typical cases of people's supervisors supervised and procuratorial case-handling activities.
There are 8 cases in this batch, including 4 cases of inviting people's supervisors to participate in public hearings, 2 cases of inviting people's supervisors to supervise case quality evaluation, 1 case of inviting people's supervisors to supervise circuit inspections, and inviting people's supervisors to participate in procuratorial suggestions The research proposed and supervised the implementation of 1 case.
This batch of typical cases is based on the newly revised and adjusted content of normative documents such as the Provisions on the People's Procuratorate's Case Handling Activities Accepting the Supervision of People's Supervisors, the Administrative Measures for the Selection and Appointment of People's Supervisors, etc. Specific cases of different ways in which people's supervisors participate in supervision, such as investigation and implementation of procuratorial recommendations.
Taking into account the requirements of the broadness and representativeness of people's supervisors, a new mechanism combining random selection and designation of people's supervisors is also reflected in the case.
The typical case aims to guide the procuratorial organs at all levels to intensify their work, have the courage to explore and innovate, give full play to the substantive supervision role of people's supervisors, invite more people's supervisors to participate, and perform their duties through the people's supervisors to gain the people's opinions on procuratorial work. The extensive support of procuratorial work will promote the continuous improvement of the quality of various procuratorial services, and serve the high-quality economic and social development with the high-quality development of procuratorial work.
In the case of "Shanghai Minhang District Procuratorate Inviting People's Supervisors to Supervise Public Interest Litigation Case Handling Activities", since the case involved professional knowledge in the field of municipal construction management, the Minhang District Procuratorate was coordinating judicial administrative organs to select people's supervisors because of the "case" system. It is appropriate to select people's supervisors engaged in municipal management to participate in the supervision of the case; at the same time, actively invite people's supervisors to visit the scene of the case, present the full picture of the case truly and vividly, and broaden the new scene of receiving supervision.
In the case of "The Procuratorate of Hanyang District, Wuhan City, Hubei Province invited people's supervisors to supervise the public hearing of the case of non-prosecution", the procuratorial organs fully guaranteed the rights of the people's supervisors to consult materials, listen to introductions, ask questions on the spot, and independently express supervisory opinions, etc. The acceptance, circulation, handling, and feedback of the people's supervisors' supervision opinions have adopted the different opinions of the people's supervisors, and the people's supervisor system has been brought into play to help the procuratorial organs perform their duties in accordance with the law and administer justice, further improve the quality and efficiency of procuratorial case handling, and gain access to the masses of the people. supported value.
"The people's supervisor system is an integral part of the procuratorial system with Chinese characteristics. It is an important channel for the procuratorial organs to consciously accept social supervision and constantly expand the orderly participation of the people and supervise the procuratorial work. In the next step, we will strictly regulate the selection of people's supervisors. Procedurally and orderly expand the field of supervision of people's supervisors, and improve the effectiveness of supervision in the proactive performance of procuratorial duties." The relevant person in charge of the Supreme Procuratorate's Case Management Office said.
Typical cases of people's supervisors supervising procuratorial case-handling activities
The People's Procuratorate of Minhang District, Shanghai invited people's supervisors to
supervise public interest litigation case handling activities
——Improve the quality and efficiency of supervision with new fields, new methods and new effects
【Key words】
Public Interest Litigation Blind Road Governance Procuratorial Recommendations Continuous Follow-up and Supervision
【Basic case】
Starting from March 2021, the People's Procuratorate of Minhang District, Shanghai has discovered several problems in the blind road at the south exit of Xinzhuang Metro Station in the public interest litigation clues of the blind road in the district. The parking spots for non-motor vehicles occupied some blind lanes by marking; secondly, the blind lanes in some sections were severely worn, the raised lines were almost completely worn out, and the blind lane facilities were not maintained in place; With tactile dots), the design is not standardized.
The above problems endanger the travel safety of blind groups, and there are potential safety hazards.
After conducting several on-site investigations and communicating with relevant functional departments, the Minhang District People's Procuratorate launched the public interest litigation investigation procedure, and invited people's supervisors three times to supervise the prosecution's public interest litigation case handling activities to jointly promote blind road governance.
【Acceptance of supervision by people's supervisors】
On September 3, 2021, the People's Procuratorate of Minhang District, Shanghai, in the form of a symposium, the public interest litigation prosecutor fully informed the people's supervisor of the overall development of public interest litigation procuratorial work, and introduced the preliminary handling of the case and the difficulties in supervision. After listening to the opinions and suggestions of the people's supervisors, the work ideas and measures for the next stage were clarified.
The two people's supervisors who participated in the supervision activities suggested respectively: First, the case undertaker should find more entry points, coordinate all relevant departments, and at the same time achieve long-term and long-term governance for the maintenance of blind roads.
Second, the construction of blind roads is easy, and the maintenance cost is very high. It is necessary to find an economical and convenient management method.
It is recommended to contact the disabled helpers in the street. If the blind road facilities are found to be occupied or damaged, the district procuratorate should be notified in time to strengthen follow-up management and maintenance.
The procurator in charge fully listened to the opinions and suggestions of the people's supervisors, conducted in-depth exchanges and interactions, and incorporated the people's supervisors' golden ideas into the follow-up supervision work.
On September 25, the Minhang District People's Procuratorate once again invited the above two people's supervisors to participate in the supervision and case handling activities.
In this supervision activity, the undertaker prosecutor led the people's supervisors and relevant functional departments to visit the site together to understand the current situation of the occupation of the blind road.
Undertaking prosecutors and the staff of functional departments explained the difficulties in performing their duties based on their respective functions, and the people's supervisors put forward targeted opinions and suggestions based on their own professional knowledge and work background.
The people's supervisor suggested that the procuratorial organs should "further verify the appeals of grass-roots departments, record the opinions of various departments, integrate them, and strive to solve the problem at the level of participation of all social departments"; The bicycle company parks in compliance with the regulations, and prompts the parking area in the APP application (set the no-parking area on the APP map)”.
The above suggestions have broadened the way of handling the case by prosecutors and strengthened the knowledge gaps in related fields.
After the on-site visit, the people's supervisors have a more intuitive and in-depth understanding of the supervision matters.
In order to further deepen the quality and efficiency of accepting supervision, on November 24, the Minhang District People's Procuratorate invited people's supervisors for the third time to fully listen to opinions and suggestions on the necessity and feasibility of formulating and issuing procuratorial suggestions to relevant functional departments.
The Minhang District People's Procuratorate believes that some of the blind roads in the jurisdiction are irregularly designed, severely worn, and have been occupied by non-motor vehicles for a long time, which affects the convenience of visually impaired groups, may endanger travel safety, and damage social and public interests.
The two people's supervisors highly agreed.
On December 6, the Minhang District People's Procuratorate performed its public welfare supervision duties in accordance with the law, and successively issued the "Procuratorial Recommendations" before administrative public interest litigation to the district transportation commission, public security organs and local town governments, urging relevant units to effectively perform their duties of blind road facilities maintenance. Strengthen law enforcement to ensure the smooth flow of blind roads.
After receiving the Procuratorial Proposal, the relevant units attached great importance to it and set up a special rectification leading group for the blind road, quickly carried out special rectification, implemented the improvement plan for the layout of the blind road, repaired damaged sections, and assigned strong law enforcement officers.
With the joint efforts of many parties, part of the blind road section at the south exit of Xinzhuang Metro Station in the district has been repaired.
After the phased results are achieved, in January 2022, the Minhang District People's Procuratorate will notify the people's supervisors of the above-mentioned rectification and repair.
The people's supervisor said, "In this 'defense of the blind road', everyone should be a guardian. The Minhang District People's Procuratorate listened carefully to suggestions and actively performed their duties, with remarkable results." The work is not easy; the countermeasures proposed in the procuratorial recommendations are highly targeted and effective.”
In the next step, the Minhang District People's Procuratorate will continue to base itself on the procuratorial function of public interest litigation, continue to follow up and supervise, and once again invite the people's supervisors to "look back" on the repair and rectification of blind roads, to ensure that the procuratorial recommendations are put in place, and the obstacles will become "smooth". Blind roads become "blind spots".
【Typical meaning】
The first is to invite people's supervisors to visit the scene on the spot, so as to broaden the thinking of handling cases.
The "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era" pointed out that it is necessary to "improve the people's supervisor system and broaden the channels for the orderly participation of the masses and supervision of justice".
In the case-handling activities of public interest litigation, if public interest litigation prosecutors only rely on “closed-door case handling” and work alone, they may be limited in their thinking and lack of knowledge reserves, and may lack the accuracy of finding problems and countermeasures. Quality is also limited.
In this case, the people's supervisor proposed solutions in terms of information technology and management mechanism.
The Minhang District People's Procuratorate took the initiative to extend the supervision scene from the venue to the scene, from the inside to the outside of the hospital, so that the people can more comprehensively and truly understand the procuratorial organ's performance process and case handling. The new scene not only presents the people's supervisors with a true and vivid picture of the case, but also promotes public interest litigation prosecutors to look at the problem, find the cause, and think of countermeasures from the perspective of the people, and provide more ideas for handling cases for the procuratorate.
The second is to explore the selection of expert-type people's supervisors to make supervisory opinions more professional.
The Supreme People's Procuratorate and the Ministry of Justice have revised the "Administrative Measures for the Selection and Appointment of People's Supervisors" (hereinafter referred to as the "Measures"), which will come into force on January 1, 2022.
Article 20 of the "Measures" stipulates: According to the needs of case-handling activities, people's supervisors with specific professional backgrounds may be randomly selected.
This case involves professional knowledge in the fields of municipal construction management. The Minhang District People's Procuratorate selected people's supervisors engaged in municipal management to participate in the supervision of the case due to the "case" when coordinating the selection of people's supervisors by judicial administrative organs.
The Minhang District People's Procuratorate gave full play to the professional diversity of people's supervisors. When applying for supervision, it set up the identification link of "judging the professional knowledge in the relevant fields required for handling the case - applying for the supervision of people's supervisors in the relevant fields" to allow participants to participate in the supervision. The people's supervisors who supervise are "professional counterparts" with the matters being supervised, and a staffing arrangement of "law experts + experts in related fields" shall be formed, and the effectiveness of the people's supervisors' professional knowledge field shall be effectively brought into play.
This makes the supervision of public interest litigation prosecutors more "wisdom" and confident, and the effect of legal supervision is more "rigid".
The third is that people's supervisors and procuratorial organs work together to promote public welfare and make city governance more modern.
Public interest litigation is a part of the national governance system. Promoting the modernization of public interest litigation is the proper meaning of the modernization of the national governance system and governance capacity.
Introducing the people's participation in public interest litigation, so that "everyone's affairs should be discussed together", which not only coordinates the interests of all parties and draws the largest "concentric circles", but also gathers the wisdom of all parties to improve the scientific level of the work. One of the paths to modernize the way public interest litigation itself works.
In this case, the People's Procuratorate of Minhang District took the public interest litigation on the problem of blind road management as the starting point, identified the people's "urgency and hope", and built a wider dialogue platform between functional departments and between functional departments and the public. Form a new work pattern of multi-party consultation and co-construction.
On the one hand, it vigorously promotes the construction of a rule-of-law society. By actively inviting the masses to supervise, it ensures that the public enjoys the rights to know, participate, and supervise as conferred by the Constitution and the law, and broadens the path for procuratorial organs to participate in the construction of a rule-of-law society; on the other hand, it vigorously promotes the rule of law. In the construction of the country and the rule of law government, by incorporating the opinions and suggestions of the people's supervisors into the whole process of the daily performance of the procuratorial organs, the quality and efficiency of the procuratorial supervision and case handling can be further improved, the service guarantees the high-quality economic and social development, and the modernization of the national governance system and governance capacity is promoted.
The People's Procuratorate of Tongzhou District, Nantong City, Jiangsu Province invited
people's supervisors to supervise the quality evaluation of special cases
——Combining internal and external supervision, the supervision effectiveness is progressive at every level
【Key words】
Case quality evaluation, execution and execution, combined with internal and external supervision, combined with progressive supervision
【Basic case】
In September 2021, the People's Procuratorate of Tongzhou District, Nantong City, Jiangsu Province organized a special quality assessment activity for non-prosecution cases for dangerous driving crimes, and invited people's supervisors to participate in the whole process of supervision and assessment. The implementation effect is not obvious and so on.
【Supervision by people's supervisors】
Supervision process.
On September 3, 2021, the Tongzhou District People's Procuratorate invited 3 people's supervisors to serve as out-of-hospital case quality reviewers to carry out special case quality review of cases involving "drunk driving" since 2019.
With the help of electronic files and paper files, people's supervisors conduct systematic evaluations of cases from the aspects of fact-finding, evidence acceptance, necessity of prosecution, document production, and connection of non-penalty punishment measures, and form the "Case Quality Evaluation Statistical Table" on a case-by-case basis. ".
The evaluation and investigation found that 166 cases were correctly applied with the law, but 26 procuratorial opinions suggesting administrative penalties and governmental sanctions were not effectively implemented.
Based on the problems identified in the evaluation, the people's supervisors and the procurator in charge conducted "face-to-face" inquiries on a case-by-case basis to learn more about the problems in the connection between executions and the reasons for the difficulty in implementing the prosecutorial opinions.
On the basis of case quality evaluation and inquiries, people's supervisors form detailed evaluation opinions.
After consultation, the people's supervisor suggested that the special evaluation and investigation should be formed into an investigation report and reported to the Standing Committee of the District People's Congress, so as to urge the administrative law enforcement agencies to effectively implement the procuratorial opinions and better promote the control of the source of the "drunk driving" crime.
monitor results.
The hospital adopted the opinions of the people's supervisors, and on the basis of inviting the people's supervisors to jointly revise and improve the analysis and judgment of dangerous driving cases, it made a special report to the Standing Committee of the People's Congress of the district, and urged the Supervision and Division Committee of the Standing Committee of the People's Congress to standardize "drunk driving" cases and not prosecute After the supervision and suggestions on the connection of non-penalty punishment measures, and reached a consensus with a number of units on the application of multiple punishments and corrections such as admonition, community service, and traffic volunteer service to those who have not been prosecuted in "drunk driving" cases.
On September 26, 2021, the people's supervisor was invited to check on the participation of the non-prosecuted persons in the "drunk driving" case in the public welfare service of traffic management, expressing satisfaction with the procuratorial organs' implementation of supervision opinions and promoting the connection of executions and other work, and said that they will continue to follow up and supervise , and effectively perform supervisory duties.
In mid-January 2022, during the "Two Sessions" in Tongzhou District, Nantong City, a people's supervisor, as a representative of the National People's Congress, submitted to the Congress a proposal to continuously strengthen the application of non-penalty measures for non-prosecution cases and build a higher level of safe Tongzhou. The main leaders of the district committee approved it.
【Typical meaning】
The first is internal and external coordination to promote the standardization of procuratorial case handling.
Participating in case quality assessment is one of the ten ways for people's supervisors to supervise procuratorial case-handling activities.
At the same time, the external supervision of people's supervisors, the internal supervision of case quality assessment and the analysis and judgment of procuratorial business data jointly build a scientific management system for the case management of procuratorial organs.
By carrying out data analysis and judgment, inviting people's supervisors to carry out targeted and special quality evaluation activities, it will not only help strengthen the rigidity of the implementation of people's supervisors' supervision opinions, but also help to jointly improve the quality of procuratorial case handling.
In this case, the procuratorial organ sincerely accepts sincere supervision, invites people's supervisors to review the quality of case handling, face up to and improve the problems in the performance of procuratorial duties, make up for shortcomings in a timely manner, and improve the standardization of procuratorial case handling.
The second is to progress step by step to promote high-quality legal supervision.
People's supervisors and procuratorial organs strive to promote the high-quality development of legal supervision work, find supervision clues from the analysis and judgment of case-handling data, and find out the problems of judicial case-handling through personal inspection of case files, evaluation of cases, and finally promote administrative law-enforcement organs to conscientiously implement procuratorial work. Opinion.
The adoption of a “layer-by-layer progressive” supervision model not only reflects the rigorous attitude of the people’s supervisors to pursue the ultimate and end at the perfection of supervision work, but also reflects the multi-departmental cooperation of the procuratorial organs to promote the integration of legal supervision and high-quality work. Craftsman spirit.
The third is to serve the overall situation and promote the modernization of social governance.
The people's supervisor system is an innovation and characteristic of my country's procuratorial system, and it is a basic institutional form for the public to participate in and supervise justice.
After procuratorial organs and people's supervisors discovered weaknesses in social governance, they took the initiative to report to the National People's Congress to win the support of the local people's congress, successfully pushed the local people's congress standing committee to make supervisory suggestions, and promoted the seamless connection between administrative law enforcement and criminal justice. The case" promotes social "big governance", assists in the construction of a safe China and the rule of law in China, and promotes the modernization of municipal social governance.
The Supreme People's Procuratorate invites people's supervisors to
supervise the quality evaluation of key cases
——Fully respect the supervision opinions of the people's supervisors, and highlight the rigidity of supervision
【Key words】
Case quality review, trial supervision procedure, protest, rigid supervision, judicial fairness
【Basic case】
From April 2016 to July 2017, Liu Moumou registered five QQ numbers one after another in order to seek sexual stimulation, and pretended to be the student's head teacher or English teacher through QQ at his home or office. Five children were asked to indecently expose their chests and other private parts through videos for their viewing.
In January 2018, the Public Security Bureau of a county in Hunan Province filed an investigation on Liu Moumou's alleged child molestation. In February of the same year, the county's procuratorate approved the arrest.
In August of the same year, the county procuratorate filed a public prosecution with the court at the same level for the crime of molesting children. The county court made a first-instance verdict in November of the same year and sentenced the defendant, Liu, for molesting children and exempted him from criminal punishment.
【People's Supervisors Participation in Supervision】
In 2019, the Case Management Office of the Supreme People's Procuratorate organized case quality assessment activities for some cases handled by the procuratorial organs of the six provinces.
During the evaluation process, the evaluation team found a case where Liu Moumou, who was sentenced to be exempted from punishment, was sentenced to a child molestation case in a county of Hunan Province.
In order to implement the "Regulations on the People's Procuratorate's Case Handling Activities Accepting the Supervision of People's Supervisors", the evaluation activities invited people's supervisors to participate in the evaluation of cases, and to cross-evaluate and discuss with the evaluation personnel.
During the discussion, the people's supervisor also believed that the case should be protested but not protested and should be corrected.
The evaluation team attached great importance to the supervision opinions of the people's supervisors, and transferred the opinions from the case management office of the provincial court to the procuratorate of a city at a higher level of the procuratorate of the case handling unit, and followed up and supervised the handling.
The Procuratorial Committee of a city's procuratorate adopted the supervision opinions of the people's supervisor after research, and filed a protest in accordance with the trial supervision procedure.
The case was retrial and second instance by the court, and was finally commuted to three years in prison according to law.
【Typical meaning】
First, fully respecting and attaching great importance to supervision opinions is the guarantee of the existence value of the people's supervisor system.
The "Regulations on the People's Procuratorate's Case Handling Activities Accepting the Supervision of the People's Supervisors" clearly stipulates that the people's procuratorates should carefully study the supervision opinions of the people's supervisors and deal with them in accordance with the law.
If the people's procuratorate fails to adopt the supervisory opinion after research, it shall provide an explanation to the people's supervisor.
If the people's supervisor still has any objection to the explanation, the relevant department, the prosecutor's case handling team, or the sole prosecutor shall report to the chief prosecutor for a decision.
The core of the people's supervisor system is people's participation, and the basic attribute is supervision.
How to deal with the supervision opinions of the people's supervisors is directly related to whether the supervision function of the people's supervisors can be realized.
Second, only by "really accepting" supervision opinions can people's supervisors be motivated to really supervise and make suggestions.
The system of people's supervisors is to give full play to the advantages of people's supervisors in understanding the people's situation and the opinions of the people, promptly pointing out the problems and unfavorable tendencies of the procuratorial organs and procuratorial personnel in law enforcement and case handling, and putting forward opinions and suggestions on strengthening and improving the procuratorial work and the construction of the procuratorial team. , to supervise the procuratorial organs to better perform their legal supervision functions and improve the level of legal supervision.
Only by truly accepting the supervision opinions of the people's supervisors can the rigidity and substance of the people's supervisors' supervision be better highlighted, and the people's supervisors can truly realize that the supervision of the people's supervisors is not a "vase" or a "furnishing". People's supervisors' supervision is not "going through the motions", so they have more sense of gain and stimulate their enthusiasm for real supervision and real advice.
Only by truly accepting supervision opinions can the people's supervisor system be truly used to help the procuratorial organs perform their duties in accordance with the law, administer justice, and further enhance the quality and efficiency of procuratorial case handling and the value of gaining the support of the people.
The People's Procuratorate of Shangqiancheng District, Yinchuan City, Ningxia Hui Autonomous Region
invited people's supervisors to supervise the cross-circuit inspection of prisons
——The people's supervisor supervises the whole process, and promotes the standardization of the circuit procurator's performance and handling of cases
【Key words】
Criminal enforcement procurator cross-circuit procuratorial commutation, parole, and temporary execution outside prison. Participate in the supervision of the whole process
【Basic case】
In September 2020, the People's Procuratorate of Ningxia Hui Autonomous Region launched a cross-city and cross-censorship inspection work. The second inspection team was formed with the Shangqiancheng District Procuratorate of Yinchuan City as the main force. Circuit inspections, and invite people's supervisors to supervise the whole process of circuit inspections.
A total of 19 problems with the executive organs, 14 problems with the dispatch of the procuratorate, and 2 clues to the investigation of duty-related crimes by judicial staff were found.
The three reasonable suggestions put forward by the people's supervisors, such as further substantive review of the original case when some criminals apply for commutation, were adopted by the circuit procuratorial team.
On the basis of full communication with the prison and with the participation and supervision of the people's supervisors, the circuit procuratorial team held a meeting to give feedback to the prison and the stationed procuratorate, and at the same time handed over the evidence materials to the Wuzhong City People's Procuratorate.
The court fully performed its duties, supervised and rectified problems in accordance with the law, and transformed circuit inspections into practical results that promoted the improvement and promotion of prisons.
【Acceptance of supervision by people's supervisors】
In order to enhance the transparency and credibility of this prison cross-circuit inspection, the circuit inspection team planned to invite people's supervisors to participate in the whole process during the formulation stage of the circuit inspection plan.
After the plan was issued, upon the application of the circuit inspection team, the Yinchuan City People's Procuratorate invited a people's supervisor as a member of the circuit inspection team to supervise the whole process of cross-circuit inspection work.
People's supervisors participated in the pre-inspection mobilization and training, listened to the circuit inspection plan, understood the background of the current reform of prison inspection methods, the significance and main content of the circuit inspection work, and issued suggestions for the specific division of labor and implementation of relevant work.
In the process of work, the people's supervisors and the procuratorial team progressed together to supervise the procuratorial team's implementation of the eight central regulations and violation of the "three regulations" on preventing judicial interference, so that the procuratorial team firmly established the concept that supervisors should accept supervision. In cross-regional case handling, we strictly abide by the disciplinary requirements of the procuratorial organs to supervise the performance of duties, and ensure the openness and transparency of circuit inspections.
In the process of participating in the on-site inspection of a certain prison synchronously with the patrol inspection team, the people's supervisor, together with the patrol inspection team, listened to the prison report by reviewing relevant materials such as executive files, work ledgers, meeting minutes, etc. Joint meetings and symposiums for speeches and discussions and other means to participate in all aspects.
When reviewing the case files of commutation, parole, and temporary execution outside prison handled by the Wuzhong City People's Procuratorate in the past two years, the people's supervisor listened to the introduction of the current commutation and parole workflow and review methods by the circuit procuratorial team, and proposed some criminals. When applying for commutation, three reasonable suggestions, such as distinguishing the facts of the original case for further substantive review, were adopted by the circuit prosecutors.
【Typical meaning】
The first is to enhance the credibility of procuratorial organs in judicial case handling.
The people's supervisors' supervision of the case-handling activities of the procuratorial organs is an important manifestation of the people's procuratorates' conscious acceptance of supervision in the new era. Inviting people's supervisors to supervise the prison circuit inspection is an important means of introducing third-party supervision and procuratorial powers.
After the promulgation of the "Regulations on the People's Procuratorate's Case Handling Activities Accepting the Supervision of the People's Supervisors", the people's supervisors were actively invited to participate in the circuit inspections, and the innovative methods and methods of the circuit inspections should be used practically, adequately, and effectively with external supervision, so as to effectively enhance judicial credibility and promote The power of criminal enforcement procuratorial supervision plays an important role in the fair, just and open operation of the people's supervision, people's approval, and people's support.
The second is to improve the transparency of prison circuit inspection work.
In 2018, the Supreme People's Procuratorate innovated the methods and methods of prison inspections, and carried out the pilot work of prison circuit inspections, which significantly improved the problems of "corruption due to familiarity", "lazy due to familiarity", daring to supervise, and unwillingness to supervise in the past. .
In the circuit inspection, people's supervisors from all walks of life who are relatively unfamiliar with prisons and prison inspection work are invited as members of the circuit inspection team, which to a large extent makes the judicial case handling of the circuit prosecutors more grounded, and makes the prosecutorial organs better in criminal execution and criminal execution. The legal supervision function in criminal execution activities is more familiar to the public, which better protects the people's right to know, participate and supervise the procuratorial work, and effectively improves the transparency of circuit procuratorial work and criminal enforcement procuratorial work.
The third is to promote the standardization of circuit procuratorial performance in handling cases.
Criminal enforcement work is the "last mile" to achieve legal fairness and justice, and maintaining criminal enforcement fairness is an important way for procuratorial organs to perform their legal supervision functions.
The "people's supervisor + circuit inspection" model is a "physical examination" for the procuratorial organs to perform their duties and handle cases. Through the participation of the people's supervisor throughout the process, it can not only implement the eight central regulations and violate the "three regulations" to prevent judicial interference It can also strengthen the concept of procuratorial personnel actively accepting external supervision, and ensure that the circuit inspection team strictly abides by the regulations of the circuit inspection work, strives for perfection, carries out its work rigorously and meticulously, and actively communicates with the supervision unit in a stable and effective way, and listens to the people. Supervisors' opinions and suggestions on cases and work should pay more attention to discovering problems, raising problems and rectifying problems, effectively improving the quality and efficiency of circuit inspections, and promoting the standardization of judicial case handling.
The People's Procuratorate of Hanyang District, Wuhan City, Hubei Province invited
people's supervisors to supervise the public hearing of the proposed non-prosecution case
——Guarantee the "true supervision" and "true advice" of the people's supervisors with the "true welcome" and "true acceptance" of the procuratorial organs
【Key words】
Notice on the adoption of people's supervisors' dissenting opinions
【Basic case】
On June 9, 2021, when Zou was driving a small ordinary passenger car after drinking, he was seized by the public security police on the spot when he drove from north to south along Jiangcheng Avenue in Hanyang District, Wuhan City to the section of the Meizishan underground passage.
After being seized, Zou evaded inspection by the public security police in accordance with the law, and was processed with the identity information of the former name Sun Mou, and was later discovered by the public security police.
After identification, Zou's blood ethanol content exceeds 80 mg/100 ml, which is a drunk driving motor vehicle.
On October 14 of the same year, the public security organs transferred Zou to the People's Procuratorate of Hanyang District, Wuhan City, Hubei Province for review and prosecution on suspicion of dangerous driving.
【Acceptance of supervision by people's supervisors】
Supervision process.
The case will organize a procuratorial hearing on October 28, 2021. The prosecutor will comprehensively introduce the case and legal basis, and put forward the opinions and reasons for making a relatively non-prosecution decision against Zou, and at the same time inform the focal and sensitive issues that need to be heard in this case. The hearing officer, that is, whether Zou's behavior of accepting processing with the identity information of the former name Sun after being seized is a statutory severe punishment.
The people's supervisor was invited to participate in the meeting as a hearing officer. After carefully reviewing the case review report, listening carefully to the case presentation by the prosecutor in charge, and inquiring about the investigators and Zou, he suggested that after Zou was seized, the use of the case had been cancelled by the public security organ. The identity information of Sun Moumou was processed and later discovered by the public security police. The circumstances are relatively bad, and the intention is to evade the inspection by the public security police according to law. He should be severely punished, and it is recommended to prosecute him.
The other two hearing officers present also expressed their support for the supervision opinions of the people's supervisor.
Monitor results.
The case management department of the court incorporates the supervision opinions of the people's supervisors into the ledger management, and promptly forwards it to the case handling department for follow-up supervision.
The undertaking prosecutor attached great importance to the fact that Zou concealed his true identity, reviewed the fact that Zou concealed his true identity, consulted relevant experts, conducted similar case searches, and finally confirmed that Zou concealed his true identity after being seized, and used the identity information of Sun that had been cancelled by the public security organs. The behavior accepted for processing complies with the relevant provisions of the "Opinions on Several Issues Concerning the Application of Law in Handling Criminal Cases of Drunk Driving Motor Vehicles" issued by the First High School of the People's Republic of China.
On November 1, the case was prosecuted to the People's Court of Hanyang District, Wuhan City.
On November 19, the district court all adopted the prosecution opinions of the procuratorial organ and made a guilty verdict against Zou according to law.
The Hanyang District People's Procuratorate immediately informed the people's supervisors of the adoption of the supervisory opinions and the court's decision, which was fully affirmed by the people's supervisors.
The court also took this as an opportunity to form the minutes of the meeting of the procuratorial committee that regulates the relative non-prosecution of common crimes, and made detailed requirements for unifying case handling standards, strengthening review and checking, accepting the supervision of people's supervisors, etc., to promote "fewer arrests and careful prosecution" "Careful custody" criminal justice policy is more precise and applicable.
【Typical meaning】
One is to work hard on refinement to make the external supervision more important.
The people's supervisor system is an important institutional innovation for procuratorial organs to actively accept external supervision and ensure the orderly participation and supervision of the judiciary by the people.
Supervision is the basic attribute of the people's supervisor system. In order to ensure the "true supervision" and "true advice" of the people's supervisors, the procuratorial organs should fully implement the "Regulations on the People's Procuratorate's Case Handling Activities Accepting the Supervision of the People's Supervisors", finely organize supervision activities, and use the process Orderly safeguards and supervision are strong.
In this case, before organizing supervision activities, the procuratorial organs coordinated with judicial administrative organs to randomly select people's supervisors, communicated with the people's supervisors about hearing matters in advance, and provided case review reports; in the process of organizing supervision activities, the people's supervisors were fully guaranteed The rights to consult materials, listen to introductions, ask questions on the spot, and express supervisory opinions independently enable the people's supervisors to participate in the whole process and supervise the procuratorial hearing work in an all-round way, enhance the people's supervisors' sense of participation in the performance of their duties, and ensure the implementation of the external supervision mechanism.
The second is to work hard on materialization to make the procuratorial public trust more bright.
Organizing people's supervisors to participate in procuratorial hearings is an important achievement in the transformation of the people's supervisor system from special supervision to comprehensive supervision, and it is also an important measure to enhance the transparency of case handling and the credibility of prosecutors.
How the people's supervisors' supervisory opinions are handled is related to whether the people's supervisors' supervisory role can be realized, the value of the people's supervisor system, and more importantly, the credibility of the procuratorate.
In this case, the procuratorial organ proactively invites people's supervisors to supervise the cases that are to be decided not to prosecute, and actively reports to the people's supervisors the focal and sensitive issues in the handling of the case.
After the people's supervisors raised different opinions, the procuratorial organs attached great importance to them, reviewed them in accordance with the law, synthesized the facts and evidence of the whole case, and finally adopted the different opinions of the people's supervisors, made a decision to prosecute, and the court made a guilty verdict.
The procuratorial organs took seriously and adopted the supervision opinions of the people's supervisors in accordance with the law, fulfilled the solemn promise of sincere acceptance of external supervision, enhanced the people's sense of identity and trust in the procuratorial work, and effectively enhanced the procuratorial credibility.
三是在闭环化上下功夫，使为民司法成色更足。做好人民监督员工作是检察机关践行以人民为中心、回应人民群众所思所盼的内在要求。人民监督员来自于人民群众，他们在履职中提出的意见建议，代表了人民群众内心朴素的正义感和价值观，反映了人民群众对新时代检察工作的新要求和新期待，检察机关应当听得到、办得好，确保“件件有着落、事事有回应”。本案中，检察机关对人民监督员提出的监督意见严丝合缝地抓好了受理、流转、办理、反馈等工作，形成了管理闭环，完善了人民监督员监督意见吸纳转化机制，实现了人民监督员制度和检察办案的互为反哺，推动了检察办案更加关注民情、集中民智、反映民意、维护民利。
甘肃省天水市秦州区人民检察院邀请人民监督员监督拟不起诉案件公开听证
——虚心采纳人民监督员不同意见改变拟处理决定保障人民监督员实质监督作用
【关键词】
拟不起诉 公开听证 采纳人民监督员不同意见 实质监督
【基本案情】
2019年12月，被害人张某某拟给侄女转学，通过朋友认识中间人杨某、徐某，后找到李某某，李某某谎称可以帮忙办理转学手续，骗取张某某人民币16000元(实际得到12500元，另有3500元被杨某、徐某分得)、香烟一条(价值180元)，所得赃款全部用于生活消费，后逃匿。张某某发现被骗后于2021年1月20日报案，公安机关1月23日立案。1月26日李某某主动退还赃款16400元。4月6日，公安机关以李某某涉嫌诈骗罪移送甘肃省天水市秦州区人民检察院审查起诉。
【接受人民监督员监督情况】
承办检察官认为李某某以能给他人帮忙办理转学的虚构事实，骗取他人财物，事实清楚，证据确实、充分，应当以诈骗罪追究其刑事责任。因诈骗金额较小，李某某在公安机关立案后三天内退还了被害人全部损失，且其到案后能如实供述犯罪事实，审查中能自愿认罪认罚，拟对李某某作出相对不起诉决定。
2021年4月30日，本案邀请2名人民监督员参加公开听证。听证中，李某某称曾委托第三人办理转学事宜，自己并没有非法占有的目的，因为后来自己与委托人失去联系，故将钱用于自己消费。人民监督员在提问环节进行了询问。
人民监督员问：李某某的辩解，是否影响本案的定性，辩解情况是否属实？
承办检察官答：李某某辩解称自己委托“老杨”办理转学，但并没有提供“老杨”的任何线索，且按照李某某供述，“老杨”仅为一个司机，与自己也仅一面之缘，将办理转学这种事情委托与自己不相熟的人明显不符合常理。同时，李某某收到被害人的钱后也并未给“老杨”，而是自己花销。因此，对于李某某的辩解不予采信。解释后李某某表示自己自愿认罪认罚，没有再提出辩解意见。
听证最后，一名人民监督员发表了应当对李某某提起公诉，追究其刑事责任的监督意见。人民监督员认为：本案除了考虑诈骗金额、认罪认罚等情节外，也应充分考虑教育领域通过熟人关系办理招生招录造成的不良社会影响。该案委托所谓熟人办理转学，是一种不正之风，建议检察机关再次考虑案情的特殊性，从社会效果的角度出发，对李某某提起公诉。
听证结束后，承办部门再次召开检察官联席会议，对人民监督员监督意见认真讨论后，拟决定采纳人民监督员意见，以李某某涉嫌诈骗罪提起公诉。依据《人民检察院审查案件听证工作规定》第十六条规定，承办检察官将拟起诉意见层报分管副检察长、检察长，均同意采纳人民监督员提起公诉的意见。2021年5月6日，秦州区人民检察院以被告人李某某涉嫌诈骗罪向秦州区人民法院提起公诉，建议判处李某某有期徒刑十个月，并适用缓刑，并处罚金2000元。经法院审理，采纳秦州区人民检察院的量刑建议，以诈骗罪判处李某某有期徒刑十个月，缓刑一年二个月，并处罚金2000元。
【典型意义】
一是虚心采纳人民监督员意见，发挥人民监督员实质监督作用。本案中，在人民监督员提出不同于检察机关拟处理决定的意见后，承办检察官将人民监督员意见提请联席会议讨论，并层报检察长决定，最终采纳了人民监督员意见，让人民监督员敢于监督、愿说“真话”，切实将人民监督员监督意见落到“实处”，发挥人民监督员对办案活动进行实质监督的作用，避免了监督“表面化”“程序化”，克服了监督“附和式”“点头式”，切实提升人民监督员的监督刚性，彰显了人民监督员制度在促进检察机关依法、透明、公正办理案件，提高案件办理质效的重要作用。
二是坚决落实人民监督员制度，促使检察权规范高效运行。本案中，检察机关落实《人民检察院办案活动接受人民监督员监督的规定》和最高检关于准确把握监督方式多样性、丰富人民监督员监督途径的要求，将以人民为中心的司法理念融入检察工作各个环节，积极主动邀请来自不同行业的人民监督员参与监督司法办案活动，让人民监督员监督制度成为检察机关强化外部监督、规范司法行为、促进司法公正、提升检察公信、增进检民互动的有力保障，切实发挥出人民监督员“第三只眼”的作用，促进检察权在“阳光下”规范、高效运行。
三是坚持“应邀请必邀请”“能邀请尽邀请”，自觉接受人民监督员监督。严格按照《人民检察院办案活动接受人民监督员监督的规定》第九条的要求，对不服检察机关处理决定的刑事申诉案件、拟决定不起诉的案件、羁押必要性审查案件、有重大影响的审查逮捕案件和行政诉讼监督案件等进行公开听证的，坚持“应邀请尽邀请”。同时，对其他“可以”邀请人民监督员监督的检察办案活动，做到“能邀请尽邀请”，自觉接受人民监督员监督。充分保障人民监督员依法、独立、公正履行监督职责，充分彰显检察机关积极回应社会关切、践行司法为民宗旨的决心，切实让人民群众在每一起司法案件中感受到公平正义，真正赢得人民群众对检察工作的理解和支持。
最高人民检察院邀请人民监督员监督减刑(假释)案件公开听证
——以人民监督员参与监督促进实现刑罚执行公平公正
【关键词】
刑罚执行监督 公开听证 减刑(假释)案件 阳光司法
【基本案情】
为深化刑罚变更执行监督，促进减刑假释监督案件的公开公正，最高检第五检察厅于2020年11月4日在江西省赣州市对罪犯余某减刑(假释)监督案件组织了公开听证。在人民监督员参与监督下，检察机关依法履职，经审查罪犯余某犯罪性质、情节、社会危害程度、生效判决中涉财产性判项执行情况及服刑表现、计分考核等情况，检察机关认为，罪犯余某符合刑法第七十八条规定的减刑条件，生效判决所涉财产性判项已执行完毕，没有其它限制减刑的酌定情节。且罪犯余某刑期执行已经过半，结合服刑表现和再犯风险评估情况，认为罪犯余某还符合刑法第八十一条规定的假释条件。最高人民检察院指令江西省赣州市人民检察院建议赣州监狱对罪犯余某提请减刑改为依法提请假释，并依照有关法定程序规范办理。
【接受人民监督员监督情况】
为增强此次公开听证的透明度和公信力，第五检察厅邀请人民监督员全程参与，对公开听证工作进行全程监督。本次公开听证是第五检察厅首次组织的公开听证，程序复杂、参与人员较多，其中，听证员、办理余某滥伐林木案件的公安民警、监狱民警、社区矫正工作人员、赣州市人民检察院承办检察官，服刑罪犯余某及其同监室证人，罪犯余某亲属代表等参与人员都现场作证或发言。
人民监督员全面了解案情，依法履行监督职责，使检察机关牢牢树立监督者更要接受监督的理念，在监督办案中严格遵守检察机关监督履职纪律要求，保证了公开听证的公平公正，为检察机关履职提供了有力支撑。
【典型意义】
阳光是最好的防腐剂，在“减假暂”案件办理中尤为如此。人民监督员的参与、监督，真正架起了人民群众与检察机关的桥梁，让人民群众更深入地了解案件办理，有效破解暗箱操作质疑，同步体验公平正义实现的完整过程，让公平正义经得起围观，让司法公正触手可及，也让司法更有温度。
一是人民监督员参与、监督是坚持司法为民的生动实践。人民监督员参与、监督打破了“减假暂”案件固有的审理模式和结构组成，邀请人民监督员等社会各界代表参与，多方力量建言献策、参与监督，实现了人民群众参与程度最大化，全面落实以人民为中心的办案理念，人民群众的知情权、参与权、监督权得到了充分的保障。
二是人民监督员参与、监督充分体现检察机关的能动司法。检察人员提高政治主动性，深刻认识人民监督员监督的重要意义，能动履职、积极作为，较好完成了各项公开听证工作。在人民监督员的监督下，检察人员摒弃机械办案、就案办案等落后办案理念，落实“减假暂”案件实质化审理要求，更加注重释法说理和矛盾化解，促进把罪犯改造成为守法公民，促进司法机关树立正确的刑罚执行观念，展现了新时代检察干警落实能动司法的担当作为。
三是人民监督员参与、监督是实现刑罚执行公平公正的有效途径。在人民监督员参与、监督下，检察机关把“减假暂”案件办理的全过程“晒”出来，释法、说理、“言情”，在广大群众的见证下审查审理案件，有效防范和杜绝司法腐败和司法不公，让公平正义可见可感，有效维护刑罚执行公平公正。
最高人民检察院邀请人民监督员监督简易公开听证
——人民监督员以常识、常情、常理促监督、提公信
【关键词】
刑事申诉 简易公开听证 息诉罢访 监督独立性
【基本案情】
杨某某因运输贩卖毒品罪，于1996年12月30日被广东省茂名市中级人民法院判处无期徒刑。其在服刑期满释放后，以司法机关办案中存在刑讯逼供等违法行为，自己不构成运输贩卖毒品罪为由，通过来访的形式向最高检提出申诉。经审查，最高检认为申诉人的申诉理由不能成立，不予支持，予以审查结案。
【接受人民监督员监督情况】
为化解社会矛盾，自觉接受外部监督，确保办案“三个效果”的有机统一，检察机关建立“常态化开展简易公开听证，促进信访矛盾源头化解”机制，邀请人民监督员参与控告申诉案件简易公开听证，监督检察机关司法办案，以公开促公信赢公正。为及时就地息诉化解矛盾，实现“案结事了人和”，最高检第十检察厅对该杨某某刑事申诉案件举行简易公开听证会，向最高检案管办提出邀请人民监督员申请，案管办协调司法行政机关抽选了1名人民监督员，与第十检察厅聘请的2名律师，共同担任听证员。
2021年3月22日，杨某某刑事申诉案件简易公开听证会，在最高人民检察院12309检察服务中心举行。听证过程中，申诉人提出，原案公安机关存在非法取证问题，在讯问时采取刑讯逼供，致使身体肋骨多处骨折，对司法办案人员，甚至是自己的代理律师都不信任，对最高检作出的刑事申诉审查结论也不能接受。针对杨某某的申诉理由，承办人指出：申诉人在法院庭审时供述，其在被讯问时没有任何刑讯逼供等违法行为，认罪供述亦是其看完后签名按指印的，申诉人提出关于被刑讯逼供的申诉理由没有证据证实。结合承办人的解释说明，人民监督员在提问环节进行了详细询问。
人民监督员：“您好，我是人民监督员，是对检察院工作进行监督的。我是司法厅聘请的，不是检察院的工作人员，这是我第一次来最高检，和检察官也不认识。请相信，我会按照我的社会认知和道德伦理来判断，立场是客观、公正的。我想问一个问题，你的肋骨是什么时候受伤的？”
申诉人杨某某答：“当时警察在抓(捕)我的时候。”
人民监督员问：“警察在审讯的时候，检察官在办案的期间，还有在法庭上，这些工作人员有没有再打你？”
申诉人杨某某答：“没有。”
人民监督员问：“后来警察没再打你，那你为什么还要对‘假事实’签字画押呢？”申诉人沉默，未予回答。
之后在听证中，检察官进行耐心细致的释法说理，申诉人对听证意见没有提出异议。这其中，人民监督员用常识、常情、常理，发挥了很好的监督效果。
【典型意义】
一是邀请人民监督员监督检察办案活动是检察机关自觉接受人民群众监督、保障人民群众有序参与司法的必然要求。党的十八大以来，以习近平同志为核心的党中央坚持党的领导、人民当家作主、依法治国有机统一，健全人民当家作主制度体系，推动人民民主发展更加广泛、更加充分、更加健全，全过程人民民主不断发展完善。人民监督员制度是中国特色检察制度的有机组成部分，是落实以人民为中心发展理念，体现人民当家做主，体现全过程人民民主“人民性”的必然要求。作为党绝对领导下的法律监督机关，人民检察院要始终坚持以人民为中心的发展思想，自觉接受社会监督，不断拓宽人民群众有序参与和监督检察工作的渠道，最大限度地尊重民意、汇集民智、凝聚民力。
二是人民群众用常识、常情、常理促监督、提公信，有力回应“谁来监督监督者”的质疑。让人民群众参与司法程序，具有现实的可行性和合理性。人民监督员作为社会各界的代表人物与当地群众朝夕相处，能及时了解民意、知晓民情、闻听民声，有利于集中民智实现自己所代表的群众意志。人民监督员开展监督活动，是以大众理念、公共道德标准、当代伦理观念、社会价值准则，结合自身的法律意识和价值取向，对被监督者作出独立的监督意见。本案邀请的人民监督员是一位工程师，属于非法律专业人士，其以“独立”的人民监督员身份、以常识常理提出的意见，是与当事人大致相同生活背景的人对案件事实和证据进行的判断，更接近事实和情理本身，从当事人的情感认知上更具说服力，能够更好地倒逼规范司法，推动当事人息诉罢访，促进案件办理实现政治效果、社会效果、法律效果的有机统一。
The third is to strictly regulate the selection process to ensure the breadth and representativeness of the people's supervisors.
The revised "Administrative Measures for the Selection and Appointment of People's Supervisors" will come into effect on January 1, 2022, adding the clause "Determining the people's supervisors to be appointed should fully reflect the breadth and representativeness", clarifying that the people's supervisors are widely Sexuality and representation requirements.
At present, there are more than 23,000 people's supervisors nationwide, and they are comprehensive and representative in terms of age structure, work field, and specialty.
The "Measures" stipulate the selection method of people's supervisors, which is generally random selection, but can also be randomly selected from people's supervisors with specific professional backgrounds according to the needs of case-handling activities.
The method of random selection ensures the broadness and representativeness of the subjects participating in the supervision, procuratorial and case-handling activities, and can supervise the procuratorial and case-handling activities from an objective and neutral standpoint.
In particular, for some major, difficult and complicated cases and the people are anxiously looking forward to, inviting people's supervisors to supervise is conducive to realizing the settlement of the case and bringing people together.
This case is a complaint filed against a criminal case more than 20 years ago. The complainant's appeal was strong and emotional. In order to dispel the complainant's doubts, the undertaker, in strict accordance with the provisions of the "Measures", consulted the judicial administrative organ to randomly select a people's supervisor, and passed the Participation in the simple public hearing ensures the objective and fair supervision, and the complainant finally accepts the decision.
The fourth is to expand the field of supervision and improve the effectiveness of supervision in the proactive performance of procuratorial duties.
The "Regulations on the People's Procuratorate's Case Handling Activities Accepting the Supervision of People's Supervisors" stipulates ten ways for people's supervisors to participate in supervision, which basically covers all aspects of the performance of procuratorial work.
However, with the development of procuratorial work in the new era, some procurators can actively perform their duties in new fields, which also require the participation and supervision of people's supervisors.
Simple public hearing is a new measure explored by the procuratorial organs to resolve conflicts between letters and visits in a timely and on-site manner. The case was resolved on the spot in a timely manner, which also enhanced the judicial credibility of the procuratorial organs.