Criminal justice in the new era walks out of the road of socialist rule of law with Chinese characteristics
A thousand feet tall tree always has roots
□ Our reporter Jiang Anjie
Since the 18th National Congress of the Communist Party of China, the Party Central Committee with Comrade Xi Jinping at its core has attached great importance to the work of criminal law.
The Fourth Plenary Session of the Eighteenth Central Committee of the Communist Party of China passed the "Decision of the Central Committee of the Communist Party of China on Comprehensively Promoting Several Major Issues in Governing the Country by Law", and the Sixth Session of the Central Deep Reform Commission passed the "Implementation Opinions on Comprehensively Deepening Reforms in the Field of Politics and Law", in order to comprehensively promote the criminal justice system. Reforms point the way forward.
With the joint efforts and close cooperation of all relevant departments, China's criminal justice reform in the new era has entered a fast lane, and the criminal justice concept and system have undergone historic changes. Remarkable achievements; the continuous improvement of the law enforcement and judicial restraint and supervision system has enhanced the people's sense of security, the sense of fairness and justice, and the Party's ruling foundation; Political advantages and institutional advantages are increasingly evident.
On September 24, in order to comprehensively review and summarize the major achievements of my country's judicial reform, especially the criminal justice field, in the past ten years, the China Criminal Law Research Society, the China Criminal Procedure Law Research Society, and the China Law Society Prosecutorial Research Society jointly organized the "New Era China". "Seminar on the Development and Prospect of Criminal Justice Reform", the field of legal theory and judicial practice gathered together to review the sonorous history of criminal justice reform in the new era, and to discuss and look forward to the development direction of criminal justice reform in the new era, which is of far-reaching significance.
This is a unique seminar. The rich connotation of the conference, the large number of participants, the wide attention and the deep influence have made the conference a lot of attention.
Ying Yong, Deputy Secretary of the Leading Party Group and Deputy Chief Procurator of the Supreme People's Procuratorate, Chen Xunqiu, Secretary of the Leading Party Group and Executive Vice President of the China Law Society, Gao Jinghong, Member of the Leading Party Group and Vice President of the Supreme People's Court, Sun Maoli, Member of the Party Committee and Deputy Minister of the Ministry of Public Security, and Member of the Leading Party Group of the Ministry of Justice , Vice Minister Xiong Xuanguo attended the meeting and delivered a speech; Sun Qian, member of the Supreme Procuratorate Party Group and Deputy Prosecutor General, Chen Guoqing, member of the Supreme Procuratorate Party Group and Deputy Procurator General, Wan Chun, a second-level prosecutor of the Supreme People's Procuratorate, Zhang Zhijie, a full-time member of the Procuratorial Committee, and the Supreme Court Advisory Committee Hu Yunteng, deputy director, second-level justice, and chairman of the China Law Society Case Law Research Association, and Jing Dali, former chief prosecutor of the Beijing People's Procuratorate and second-level chief prosecutor, attended the meeting; Presided over the opening ceremony.
Chen Xingliang, Boya Chair Professor of Peking University, Bian Jianlin, Honorary Dean of the Institute of Litigation Law, China University of Political Science and Law, Chen Weidong, Professor of Renmin University of China Law School, Zhou Guangquan, Dean of Tsinghua University Law School, Sun Changyong, Professor of Southwest University of Political Science and Law, Criminal of China University of Political Science and Law Liu Yanhong, Dean of the School of Justice, Ji Xiangde, a researcher at the Law Institute of the Chinese Academy of Social Sciences, and other scholars gave speeches respectively. Some representatives of the National People's Congress, members of the National Committee of the Chinese People's Political Consultative Conference, and responsible comrades of the Central Political and Legal Committee, the Supreme People's Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, and the China Law Society , nearly 100 representatives from academia and practical circles attended the seminar.
This is not only an academic event, but also a pragmatic move for judicial organs and academia to join hands to implement Xi Jinping's thought on the rule of law and to deepen criminal justice reform to help comprehensively govern the country according to law.
People's Court:
Advancing Criminal Justice Reform Criminal Trial Presents an Unprecedented New Look
Since the 18th National Congress of the Communist Party of China, the people's courts have been guided by Xi Jinping's thought on the rule of law, and have firmly established a criminal justice concept that meets the new requirements of the new era.
Adhere to the people-centered approach, effectively strengthen judicial protection of human rights, respect and protect human rights throughout the entire criminal trial process, and insist on punishing crimes and protecting citizens' rights equally.
Fully implement the criminal policy of "combining leniency with severity", resolutely implement the principle of never suspecting a crime, and truly achieve a high degree of integration of law, reason, and reason, and make fairness and justice more tangible.
Gao Jinghong said that the people's court will further promote the reform of the criminal procedure system centered on the trial, and strive to build a new pattern of criminal litigation in which the litigation is centered on the trial, the trial is centered on the court trial, and the court trial is centered on evidence, so as to promote the substantiation of the court trial and improve the grievances and wrongs. Case discovery and correction mechanism, implementation of illegal evidence exclusion rules, promotion of all second-instance trials for death penalty cases, etc., to promote the implementation of various reform measures.
We will make every effort to work with relevant departments to promote the reform of the leniency system for confessing guilt and punishment, the pilot program of full coverage of lawyers' defense, and the improvement of the national judicial assistance system, so as to promote the integration, coordination and efficiency of the reform system.
The evidence is not strong, and the ground is shaking.
Hu Yunteng introduced the reform of the people's courts' adherence to the principle of evidence adjudication and the substantiation of court trials in recent years.
Hu Yunteng believes that evidence is the basis for determining a crime and the cornerstone of judicial justice, and the quality of evidence determines the quality of judicial justice.
The people's courts resolutely implement the requirements of the central government that "improving the legal system in which fact-finding conforms to objective truth, case-handling results conform to substantive justice, and case-handling processes conform to procedural fairness", and takes it as the standard for judicial impartiality in the new era. Make great efforts to implement the legal principles of evidence adjudication, exclusion of illegal evidence, and the absence of suspected guilt, coordinate and improve the system and mechanism of the "division of responsibilities, mutual cooperation, and mutual restraint" among the three agencies, and strictly implement pretrial conferences, court investigations, and illegal evidence exclusion. "Three Regulations", focusing on increasing the rate of witnesses, evaluators, and investigators appearing in court to testify, the rate of lawyers' defense, and the rate of pronouncements in court, and vigorously promote the reform of the system and mechanism of court trial procedures, so that all litigation evidence used for conviction and sentencing will be presented in court. , Evidence cross-examination certification is carried out in the court, and the decision on the admission of the evidence is in the court.
Hu Yunteng introduced several aspects in his speech.
——The people's courts in various places shall use the admission of guilt and punishment as the starting point and basis for the separation of procedures, establish a mechanism for the separation of criminal cases between plead guilty and non-guilty cases, and promote the formation of a multi-level litigation procedure system in which ordinary procedures, summary procedures, and expedited judgment procedures are connected in an orderly manner. Realize a new criminal litigation pattern of slow and refined trial of major and difficult cases of fact and law, clear facts and law, quick trial and brief trial of misdemeanor cases, and quick trial and quick judgment of minor crimes and minor crimes.
——Last year, 32.24% of the criminal cases were concluded by the courts across the country under the expedited procedure, 38.23% were concluded under the summary procedure, and only 26.5% were under the ordinary procedure, which not only optimized the allocation of judicial resources, but also made it difficult for major cases. Substantive and refined trials have freed up judicial resources.
——Since the implementation of the leniency system for admitting guilt and accepting punishment, the effect of the reform has gradually emerged, and the number of cases and the applicable proportion have increased year by year.
In 2021, courts across the country have concluded 980,000 criminal cases under the leniency system for plea guilty and accepting punishment, accounting for 80.09% of the criminal cases concluded by courts nationwide in the same period. The criminal policy of combining leniency with strictness is fully reflected.
Practice has proved that defendants who plead guilty and accept punishment are more conducive to education and reform and return to society, and the recidivism rate is significantly reduced, thus greatly reducing social opposition and promoting social harmony.
——The people's courts have also actively improved the legal aid system, comprehensively promoted the work of duty lawyers, guaranteed the rights of defenders to meet, review files, collect evidence, ask questions, cross-examine evidence, debate and defend in accordance with the law, and improve the working mechanism that facilitates the participation of duty lawyers and defenders in litigation.
According to reports, at present, nearly 6,000 legal aid workstations have been established in courts and detention centers across the country, and the legal functions of duty lawyers have been continuously expanded, laying an institutional and material foundation for effectively protecting the defendant's right to appeal and the quality of trials.
——The people's courts will improve the timely correction and strict prevention mechanism of wrongful convictions, so as to ensure that fairness and justice are no longer late or absent.
Entering a new era, the CPC Central Committee attaches great importance to preventing and correcting wrongful cases. The Third Plenary Session of the 18th Central Committee of the Communist Party of China clearly proposed to "improve the mechanism for preventing, correcting, and pursuing responsibility for wrongful cases." and timely correction mechanisms”.
In 2021, the Central Committee of the Communist Party of China issued the "Plan for the Construction of China under the Rule of Law (2020-2025)", which proposed to "reform the criminal complaint system", "strengthen the law enforcement and judicial protection of property rights, improve the identification and correction mechanism for wrongful cases involving property rights", "improve the acceptance of criminal complaint cases, Transfer and review mechanism", "Improve and effective prevention, timely detection, and correction of wrongful convictions", etc.
——Through unremitting efforts, the people's courts have established and improved mechanisms for active discovery, timely review and legal correction of criminal wrongful cases; special cases have ordered off-site review and other work measures, and insisted on correcting wrongful cases to promote system improvement and rule of law progress; promote the revision of criminal proceedings Laws and relevant judicial interpretations; standardize the standards for filing and reviewing criminal appeal cases, improve the procedures and requirements for reviewing criminal appeal cases, and strive to resolve the inconsistencies and irregularities of different courts in the filing, review procedures, and retrial standards of criminal appeal cases.
Prosecutors:
The comprehensive promotion of procuratorial reform has made historic progress
Since the 18th National Congress of the Communist Party of China, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at its core, the procuratorial organs have adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly studied and implemented Xi Jinping Thought on the Rule of Law, and earnestly implemented the CPC Central Committee's reform of the judicial system. Taking the opportunity of “transferring” the function of duty crime investigation and prevention as an opportunity, a systematic and profound reform of ideas, institutions and mechanisms has been carried out from top to bottom, and the legal supervision of the “four major procuratorial departments” and “ten major businesses” has been explored and formed. In the new pattern, reform and innovation are led by the renewal of ideas, and reforms are advanced in depth by key breakthroughs, so as to contribute to the construction of a fair, efficient and authoritative socialist judicial system with Chinese characteristics.
Chen Guoqing made a detailed introduction from several aspects.
——Deepen the reform of judicial responsibility system and build a fair and efficient operation system of procuratorial power.
Improve the selection, assessment, accountability, staff allocation, adjustment, withdrawal and other mechanisms of prosecutors, and clarify judicial responsibilities.
Improve the judicial responsibility determination and punishment mechanism, use accountability and accountability to force the implementation of responsibilities, organize a comprehensive investigation of criminal wrongful cases that have been retrial and revised since 2018, and the Supreme Prosecutor directly supervises the handling of 22 cases where wrongful detention for more than 10 years should be held accountable. Form an effective closed loop of the judicial accountability system.
——Promote the reform of "integration of arrest and prosecution", and improve the operation mechanism of procuratorial power.
Criminal procuratorial implements "integration of arrest and prosecution", reconfigures criminal procuratorial powers according to the type of case, and significantly improves the quality and efficiency of case handling.
In 2021, the number of returns for supplementary investigation decreased by 50.9% year-on-year; the number of extended review and prosecution periods also dropped significantly, with a year-on-year decrease of 57% in 2020 and 81.1% year-on-year in 2021.
The supervision of criminal proceedings has achieved remarkable results. In 2020 and 2021, the number of cases registered and withdrawn by the supervision public security organs will increase significantly year-on-year.
——Strengthen the judicial protection of human rights, and strive to make the people feel fairness and justice in every judicial case.
Cooperate with the public security organs to build a criminal accusation system with evidence as the core, improve the system for the investigation organs of major and difficult cases to listen to the opinions of the procuratorial organs; carry out special activities for the review of the necessity of detention. From July 2021 to June this year, the review of the necessity of detention has increased year-on-year. 1.9 times, and 24,000 people (times) were proposed to change compulsory measures or release suggestions after review.
——Promote the reform of the leniency system for admitting guilt and accepting punishment, and promote the modernization of national governance with the modernization of crime governance.
To fulfill the leading responsibility of proving the crime by accusation, the Supreme People's Procuratorate issued 8 normative documents including the "Guiding Opinions on the Application of the Lenient System for Pleas and Punishments" either alone or in conjunction with relevant political and legal departments.
The application rate of the system has increased year by year, and has stabilized at more than 85% since 2020; criminal suspects plead guilty and obey the law. Social opposition, promote social harmony and stability, and form a crime governance model with Chinese characteristics.
——Implement the criminal justice policy of fewer arrests, careful prosecution and careful detention, so as to strengthen the Party's ruling foundation.
The pretrial detention rate dropped from 53% in 2020 to 32.7% in June this year, and the non-prosecution rate for criminal cases increased from 13.7% in 2020 to 23.5% in the first half of this year, effectively promoting social stability.
—— Improve the investigation supervision and cooperation mechanism, create a circuit inspection system, and build a standardized and efficient law enforcement judicial restraint and supervision system.
Jointly issued the "Opinions on Improving the Investigation Supervision and Cooperation Mechanism" with the Ministry of Public Security, and jointly established 3,662 investigation supervision and cooperation offices to jointly improve the quality of investigations.
In response to the problems of "familiarity leads to corruption" and "familiarity leads to laziness", a pilot inspection of prison circuit inspections was carried out, and a circuit inspection system was established, and the "stationed" inspections of prisons and detention centers were changed to "stationed + circuit inspections".
——Innovatively carry out the pilot compliance reform of the enterprises involved in the case, and create a business environment governed by the rule of law.
Strengthen the equal protection of the rights and interests of enterprises, and explore and carry out the pilot program of compliance reform of the enterprises involved in the case.
The Supreme People's Procuratorate, the State-owned Assets Supervision and Administration Commission of the State Council, the All-China Federation of Industry and Commerce and other departments have jointly established a third-party supervision and evaluation mechanism, and the judicial, law enforcement, and industry supervision have joined hands to show their love through strict management.
From March 2021 to August 2022, a total of 3,218 compliance cases involving companies were handled, including 2,217 cases where the third-party supervision and evaluation mechanism was applied. 830 companies and 1,382 people who rectified and complied with the law made a decision not to prosecute, effectively protecting the Enterprise property rights and economic development potential.
—— Improve the juvenile procuratorial system and promote the construction of a juvenile justice system with Chinese characteristics.
To implement the constitutional requirement that "children are protected by the state", the Supreme People's Procuratorate has set up a juvenile procuratorate to strengthen the judicial protection of juveniles in an all-round way.
In 2018, the Supreme People's Procuratorate issued the "No. 1 Procuratorial Suggestion" to the Ministry of Education on campus safety issues, and joined hands with education administrative departments and schools to continue to implement them, promoting the improvement of work mechanisms for preventing sexual assault, sexual harassment, and preventing and controlling school bullying.
In 2020, together with the Ministry of Education, the Ministry of Public Security, etc., we will explore a series of institutional mechanisms such as innovative mandatory reporting and entry inquiries, and continue to promote litigation source governance and social governance through the proactive performance of procuratorial duties.
——Create a "case-case ratio" quality and efficiency evaluation standard.
In response to the repeated repetition of the procedures of many cases and the increase of mass complaints, the "case-case ratio" quality and efficiency evaluation standard will be launched in 2020, through the assessment of the "cases" that actually occur in the society and the "cases" formed through several procedures after entering the procuratorial link. ratio, urge prosecutors to strive for the ultimate from the first link of case handling, and reduce unnecessary procedural idling.
From 2020 to 2021, the procuratorial organs have reduced a total of 864,000 idling procedures and endogenous cases, effectively reducing the burden of mass litigation.
public safety agency:
Continue to deepen the construction of law enforcement standardization and continuously improve the legalization level of public security work and the credibility of law enforcement
Since the 18th National Congress of the Communist Party of China, the public security organs across the country have adhered to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, thoroughly studied and implemented Xi Jinping Thought on the Rule of Law, and fully implemented the decision and deployment of the Party Central Committee on comprehensively deepening the reform of public security. To meet the general requirements, we will continue to deepen the standardization of law enforcement and the reform of the operation mechanism of law enforcement powers, and the level of the rule of law in public security work and the credibility of law enforcement will continue to improve.
In his speech, Sun Maoli pointed out that the Ministry of Public Security regards the construction of law enforcement standardization as an overall and basic work, and is constantly working hard to implement the relevant provisions of the revised Criminal Procedure Law, the reform of the criminal procedure system centered on trial, and the operation mechanism of law enforcement and judicial power. Reform and other requirements of the central reform tasks, constantly improve law enforcement procedures, improve law enforcement standards, and plug law enforcement loopholes.
In August 2020, the 21st meeting of the Standing Committee of the Thirteenth National People's Congress reviewed the work of standardization of law enforcement by public security organs, and fully affirmed the achievements of public security organs in the standardization of law enforcement.
Standardize litigation procedures and fully implement criminal justice reform requirements.
According to Sun Maoli, the public security organs closely focus on the task requirements of the criminal justice reform in the new era, constantly improve and perfect the law enforcement and case handling procedures, and comprehensively improve the quality and efficiency of law enforcement and justice.
The first is to deepen the reform of the criminal procedure system centered on trial.
Revise the "Procedural Regulations for the Handling of Criminal Cases by Public Security Organs" to further improve the jurisdiction system, evidence system, coercive measure system, case-filing system, investigation system and case-handling cooperation mechanism; jointly with the "two high" and other departments to issue normative documents to promote the improvement of illegal evidence Exclude rules, standardize the legality check of interrogation, improve the supplementary investigation system, and standardize the application of release on bail pending further investigation.
The second is to promote the reform of the leniency system for pleas and punishments.
In conjunction with the "two high" and other departments, it issued the "Guiding Opinions on the Application of the Lenient System for Pleading Guilty and Punishment", and revised the "Procedural Regulations of Public Security Organs for Handling Criminal Cases" to clarify the responsibilities of public security organs in handling cases, including informing suspects of relevant legal regulations, guarantees Duty lawyers perform their duties, record the suspect's confession, and make recommendations to the procuratorate on the application of expedited procedures, etc.
The third is to protect lawyers' right to practice in accordance with the law.
Strengthen the construction of lawyers' meeting rooms, establish an appointment system for lawyers' meetings, and vigorously promote the construction of legal aid centers in detention centers.
In conjunction with the Ministry of Justice and other departments, a rapid linkage and disposal mechanism for safeguarding lawyers' practice rights has been established, and the relief methods for lawyers' practice rights have been continuously improved.
Sun Maoli said that public security organs should strengthen supervision and management and standardize the operation of law enforcement powers.
Efforts shall be made to build a full-process and all-element supervision and management system for public security law enforcement with strict system and efficient operation, and promote the standardized operation of law enforcement power on the track of the rule of law.
The first is to deepen the reform of the filing system.
Comprehensively standardize the work process of receiving cases and strengthen supervision and management at the source of law enforcement.
Through police return visits, case-filing inspections, criminal reconsideration and review, etc., efforts have been made to solve outstanding problems such as failure to accept reports, failure to accept cases, and illegal acceptance of cases.
The second is to improve the legal review system.
Actively promote the reform of "two unifications", and the public security and legal affairs departments will review the key links of criminal cases in a unified way, and connect with the procuratorial organs in a unified manner, so as to promote the steady improvement of the quality of case handling.
The third is to strengthen the synergy of internal and external supervision.
Promote the establishment of a law enforcement supervision and management committee, reform and improve the public security organs' law enforcement quality assessment and evaluation system and the accountability system for law enforcement faults, establish and improve the public inspection cooperation and restraint supervision mechanism, improve the law enforcement disclosure system, and consciously accept supervision from all aspects of society.
Focus on reform and innovation, and continuously improve the quality and efficiency of law enforcement.
Sun Maoli introduced that the public security organs make full use of rigid supervision and management tools to urge the police to standardize the formation of law enforcement habits, and through institutional innovations, improve the ability to fight crime and protect the legitimate rights and interests of the masses.
The first is to build a standard law enforcement and case handling place.
Local public security organs have fully completed the standardized transformation of law enforcement and case handling sites, and the Ministry of Public Security has deployed public security organs at the city and county levels to build a "one-stop" law enforcement case handling management center that integrates law enforcement case handling, supervision and management, and service guarantees, effectively promoting Improve the quality and efficiency of case handling.
The second is to fully implement online case handling.
Develop and apply a law enforcement case handling and supervision and management system, carry out online case handling on a regular basis, and conduct simultaneous supervision and management, so that law enforcement case handling is more transparent and standardized, and supervision and management are more intelligent and precise.
The third is to establish and improve the whole-process record system of law enforcement.
Comprehensively use a variety of recording methods to create a law enforcement closed-loop supervision and management system that leaves traces in the whole process and can be retrospectively managed.
The fourth is to innovate the working mechanism for combating new types of crimes.
An anti-telecommunication network fraud platform was set up, the procedures for handling information and network crime cases were improved, and an emergency stop payment and quick freezing mechanism for accounts involved in telecom and network fraud cases were implemented to recover a large amount of losses for the masses.
Judicial Administration:
The reform of the lawyer system and the deepening of the functional role have attracted much attention
Since the 18th National Congress of the Communist Party of China, under the strong leadership of the CPC Central Committee with Comrade Xi Jinping as the core, and with the strong support of relevant central departments and all sectors of society, the reform of the lawyer system has been continuously deepened, the protection mechanism for lawyers' rights has been continuously improved, and the lawyer defense system has been continuously improved. , the function of lawyers in criminal justice activities has been fully and effectively brought into play.
Up to now, the national team of lawyers has grown to more than 605,000 people, handling more than 1.2 million criminal cases every year.
Xiong Xuanguo introduced that the Ministry of Justice has deepened the pilot work of full coverage of lawyers' defense in criminal cases.
In September 2017, the Supreme People's Court and the Ministry of Justice deployed pilot work in eight provinces (cities) including Beijing, and in December 2018, the pilot program was expanded to the whole country.
The Legal Aid Law that came into effect this year clearly stipulates that in criminal cases that are tried under ordinary procedures, if the defendant does not appoint a defender, the people's court may notify the legal aid institution to assign a lawyer to serve as the defender, which provides a strong legal guarantee for advancing the pilot work.
In the five years since the pilot program, the Supreme People's Court and the Ministry of Justice have actively taken measures to expand the scope of the pilot program and improve relevant systems and mechanisms. A total of 2,594 counties (cities, districts) across the country have carried out the pilot program of full coverage of lawyers' defense in criminal cases at the trial stage, accounting for the county-level administrative department. About 90% of the total area.
In 2021, there will be more than 320,000 legal aid cases in various regions due to the pilot expansion of notices for defense, accounting for 63.6% of the total number of criminal legal aid cases in the trial stage. The defense rate (including lawyer defense or duty lawyers providing legal assistance during the trial phase) has reached more than 80%.
Xiong Xuanguo said that the defense rate of lawyers has been hovering around 30% in the past, and now it has reached more than 80% after the pilot, which can be said to be a remarkable achievement. It is of great significance to implement the people-centered development thinking, strengthen the protection of human rights in criminal justice, promote judicial justice, and demonstrate the progress of my country's socialist rule of law civilization.
The pilot work of full coverage of criminal defense has achieved important and positive results, but there are still problems such as poor coordination, uneven distribution of lawyer resources, and low defense quality.
In response to these problems, the Ministry of Justice attaches great importance to it, and has also conducted research and communication with the Supreme People's Court and the Supreme People's Procuratorate. In the near future, relevant documents will be issued to deepen this work: First, deepen the pilot work at the trial stage.
Step up efforts to promote work, and strive to basically achieve full coverage of lawyers' defense in the trial stage by the end of this year; the second is to carry out pilot work in the review and prosecution stage.
Guide all provinces, autonomous regions and municipalities to identify some areas to carry out pilot trials for full coverage of lawyers' defense in the review and prosecution stage. For cases in the review and prosecution stage where criminal suspects have not appointed a defender and meet certain circumstances, notify legal aid institutions to assign lawyers to defend them; the third is to improve the quality of defense .
Increase legal aid training, earnestly carry out case quality assessment, comprehensively use measures such as case file inspection, return visits by aid recipients, and consultation with judicial organs to improve the quality of legal aid services, and promote lawyer defense from tangible coverage to effective coverage; lack of resources.
Establish and improve the cross-regional flow mechanism of legal service resources in accordance with the law, and encourage and support law firms and lawyers to serve in areas with serious shortage of lawyer resources.
Xiong Xuanguo introduced that the Ministry of Justice has promoted the reform of the leniency system for lawyers to participate in plea guilty and punished, and improved the legal aid duty lawyer system.
The leniency system for admitting guilt and accepting punishment is of great significance to optimizing the allocation of judicial resources, accurately and timely punishing crimes, reducing social confrontation, resolving social conflicts and disputes, and promoting the modernization of the national governance system and governance capacity.
The Legal Aid Law clearly regards the legal assistance of duty lawyers as a service form of legal aid, which further improves the duty lawyer system and emphasizes the role of duty lawyers in plea guilty and punishment cases.
By the end of 2021, legal aid institutions have set up 2,935 legal aid workstations in people's courts, 1,918 legal aid workstations in people's procuratorates, and 2,317 legal aid workstations in detention centers; in 2021, duty lawyers nationwide will provide 985,000 legal aids, of which Participated in 905,000 guilty plea cases.
At present, there are still problems in the work of duty lawyers, such as insufficient funding protection, inadequate rights protection, and insufficient functioning of functions, which need to be studied and solved.
In the next step, the Ministry of Justice will further implement the legal aid law and other regulations, and do the following work well: First, improve the dispatch of duty lawyers.
Guide all localities to take measures such as setting up joint workstations, deploying lawyer resources across regions, and combining on-site, telephone, and online on-duty, etc., and cooperate with the promotion of electronic signatures, remote interviews, and witnessing technologies to ensure full coverage of legal assistance for on-duty lawyers; the second is to strengthen funding guarantees .
Further promote the implementation of the relevant provisions of the Legal Aid Law, and coordinate to increase the funding for legal aid cases.
Guide all localities to reasonably determine the legal aid subsidy standard according to the difficulty of the case and the degree of participation in the case, and improve the efficiency of the use of legal aid funds; the third is to promote the role of duty lawyers.
Coordinate with case-handling agencies to protect the litigation rights of duty lawyers to meet and review files, strengthen the work connection between duty lawyers and defense lawyers, and improve mechanisms for duty lawyers' hearing, sentencing consultation, and job security.
Promoting the reform of the criminal procedure system centered on trial
Since the 18th National Congress of the Communist Party of China, judicial organs have reached a high degree of consensus on the reform of the litigation system centered on trial, with the goal of preventing wrongful convictions and realizing judicial justice.
There are two problems to be solved: one is the quality of cases investigated and prosecuted, and the other is the substantiation of court trials.
The core must revolve around evidence.
Who provides the evidence?
It shall be collected by the investigative organ, and submitted to the court after examination by the procuratorial organ. If the evidence is deemed insufficient upon examination, it shall be returned to the public security organ for supplementary investigation, or the procuratorial organ shall conduct supplementary investigation on its own.
How to better implement the rules of evidence adjudication?
According to Long Zongzhi, a professor at Sichuan University Law School, facts must be determined strictly in accordance with evidentiary standards.
"For cases that do not meet the evidentiary standards, we must earnestly implement the principles of no guilt and presumption of innocence. In the grasp of evidentiary standards, we must follow objective facts."
In order to strengthen the prevention of illegal evidence collection by torture and violent evidence collection, the "Two High Schools and Three Ministries" issued the "Regulations on Several Issues Concerning the Strict Exclusion of Illegal Evidence in the Handling of Criminal Cases", and improved the implementation of the statutory crime and punishment, the absence of suspected crimes, and the exclusion of illegal evidence. Legal principles system, prevention of selective justice and issues such as "suspected crimes should be linked" and "suspected crimes should be mitigated".
A reporter from the "Rules of Law Daily" once wrote in a report: On Zhang Jun's desk, there is a one-page return legal document copied by a leader of the Supreme Procurator when he went to a certain province to investigate and grade the papers, with only one line on it. If the facts of the case are unclear and the evidence is insufficient, the case will be returned for supplementary investigation.”
It is hard to imagine that this is the familiar "Supplementary Investigation Outline" in the industry, and this is not an isolated phenomenon.
It is reported that this outline was used as a "negative teaching material" in various meetings, "On this line, how many times do you plan to return for inspection?!"
What specific content should be included in the return of the supplementary investigation outline?
If it is more appropriate for the procuratorial organ to supplement the investigation on its own, can it carry out the investigation work on its own in accordance with the law?
In 2020, the Supreme People's Procuratorate and the Ministry of Public Security jointly formulated and issued the "Guiding Opinions on Strengthening and Regulating Supplementary Investigations" (hereinafter referred to as the "Opinions") to further improve the evidence-centered criminal charge system, strengthen and regulate supplementary investigations. work, improve the quality and efficiency of case-handling, and ensure fair justice has put forward clear requirements.
The "Opinions" clearly stipulates the collection of relevant evidence materials.
If there are any of the six situations, such as "the evidence has defects such as irregular writing, omission, and wrong filling", or "the lack of criminal record materials, release certificates, arrest records, etc.", the people's procuratorate may issue a "Notice of Obtaining Evidence Materials", Notify the public security organ to directly supplement relevant evidence and transfer it to improve the efficiency of case handling.
The "Opinions" also clarifies the relevant circumstances of returning for supplementary investigation, stipulates six situations in which the case is generally not returned for supplementary investigation, and establishes a joint meeting and reports on how to deal with the expiration of the time limit for supplementary investigation of a case and major changes in the originally identified criminal facts. Specific regulations will be made on issues such as the working mechanism of the meeting.
Chen Guoqing introduced that the procuratorial organs actively fulfilled the leading responsibility of proving the crime of the accusation, gave full play to the role of pre-trial gatekeeping and diversion, and carried out the review of arrests and prosecutions in strict accordance with the law, to ensure that the investigation and prosecution of cases reached "clear facts, reliable and sufficient evidence", Prevent arrest, prosecution with illness, and reluctance to prosecute.
In recent years, after strengthening intervention in investigation and guiding the collection of evidence, the delay in returning the investigation has been greatly reduced, and it has also effectively prevented the use of criminal means to intervene in economic disputes.
Since 2018, among the cases of early intervention of economic crimes, the proportion of investigation agencies actively invited to intervene has reached 80%, and the phenomenon of repeated extension and return of investigation has improved significantly.
Zhou Jiahai, deputy director of the Research Office of the Supreme People's Court, believes that under the unified leadership of the CPC Central Committee and the joint efforts of various departments of politics and law, the trial-centered litigation system reform has achieved a series of major results and accumulated a lot of useful experience over the past few years. .
It is reflected in: firstly, "taking judgment as the center" is deeply rooted in the hearts of the people.
Under the guidance and requirements of the "Opinions on Promoting the Reform of the Criminal Litigation System Centered on Trial", the awareness of investigators and prosecutors in collecting, fixing, examining and using evidence in accordance with the requirements and standards of the judgment has generally increased, and cases are "sick" The phenomenon of entering the trial process has been significantly reduced; the awareness of the judges to identify evidence in accordance with legal procedures and to strictly control the situation has generally increased, and the phenomenon of "following mistakes and making mistakes to the end" has been significantly reduced.
Judicial concepts such as the absence of a suspected crime, adjudication with evidence, procedural fairness, and protection of human rights are generally followed.
The second is to further improve the cooperation and restraint mechanism.
Phenomena and problems of insufficient coordination and insufficient restraint were effectively corrected.
The rate of non-arrest and non-prosecution has increased significantly, and the number of acquittals with insufficient evidence and undeclared crimes, especially in major cases such as homicide and robbery, has increased.
In line with China's national conditions and with Chinese characteristics, the three organs of the Public Security, Procuratorate and Law have more perfected the division of responsibilities, mutual cooperation and mutual restraint.
The third is to further strengthen and improve the concept of evidence adjudication and the rules of evidence.
Extend the "two evidence provisions" originally only applicable to death penalty cases to all kinds of criminal cases.
The fixed rules for evidence collection are more clear and strict; the rules for evidence review and judgment are more detailed and more operable; the rules for the exclusion of illegal evidence are more refined, and the problems of difficult application, activation and exclusion have been largely solved; Attach importance to the collection and use of objective evidence, and the outdated concept and case-handling method of emphasizing confessions and neglecting other evidence has been effectively reversed.
The quality of the case is more guaranteed from the source to the result.
Fourth, the litigation system was further improved.
A multi-level litigation system has been established in which ordinary procedures, summary procedures and expedited judgment procedures are interconnected, and complex and simple procedures are separated.
Fifth, the judicial protection of human rights has been further strengthened.
The system of excluding illegal evidence and recording and video recording of interrogation process has been effectively implemented, and the source prevention of extorting confessions by torture and illegal collection of evidence has achieved remarkable results.
The scope of legal aid has been further expanded, the duty lawyer system has been fully implemented, the comprehensive reform of lawyer defense and legal assistance in criminal cases has been further advanced, the level of lawyers' effective defense has been significantly improved, the judicial protection of human rights has been further strengthened, the protection of litigation rights has been more fully protected, and judicial justice has also been more supported. .
As a significant and far-reaching overall and systemic reform in the field of criminal procedure, although the reform of the trial-centered litigation system has achieved fruitful results, it is still on the way and needs to be further deepened.
Bian Jianlin commented that all departments of this reform have continued to advance, and the achievements are obvious to all, which can be interpreted from three aspects: First, the investigation and supervision have been continuously strengthened, and the cooperation and cooperation mechanism has been continuously improved.
To promote the reform of the criminal procedure system centered on trial, its important content is to emphasize the restriction of judicial power on investigation power and resist investigation centralism.
In the pretrial stage, on the one hand, the procuratorial organs have strengthened investigation supervision, adhering to the concept of "supervising and handling cases in the process of supervision", and supervising the filing and withdrawal of cases, correcting missed arrests and omissions, and investigating and rectifying violations. On the other hand, the procuratorial organs intervene in the investigation in advance, guide the investigation, and the cooperation and cooperation mechanism is more perfect.
Second, the substantive reform of court trials has been further advanced with remarkable results.
The core meaning of the "trial-centered" reform is to establish the central position of trial, especially court trial, in criminal proceedings, highlight the decisive role of trial in determining facts, convicting and sentencing, implementing evidence-based adjudication, and emphasizing the substantive significance of court trial .
Third, the protection of human rights in the judiciary has been continuously strengthened, and the relationship between the case-handling agencies and defense lawyers has developed soundly. A series of reform measures have strengthened the protection of human rights in litigation, improved the practice environment for lawyers, and played a positive role in criminal defense.
Chen Xingliang looks forward to further improving the rules and systems of witness appearance in court, and practically promoting the substantiation of court trials; to further improve the work related to the second-instance trial of criminal cases, and strive to build a criminal case where the litigation is centered on the trial, the trial is centered on the court trial, and the court trial is centered on the evidence. A new pattern of litigation.
Deepen the reform of the leniency system for admitting guilt and accepting punishment
Improving the leniency system for confessing guilt and accepting punishment in criminal proceedings is a major reform plan made by the Fourth Plenary Session of the 18th Central Committee of the Communist Party of China.
In order to implement this major reform and deployment, starting from the beginning of 2016, under the leadership of the Central Political and Legal Committee, the National People's Congress Legal Affairs Committee, the Supreme Court, the Supreme People's Procuratorate, the Ministry of Public Security, the Ministry of Justice, the Ministry of State Security and other relevant departments have repeatedly consulted and coordinated. The "Pilot Program for Reform of the Plea Guilty and Punishment System Reform" (hereinafter referred to as the "Pilot Program") was formed.
On July 22, 2016, the "Pilot Program" was reviewed and approved by the deep reorganization of the Central Committee, which established the thinking and framework for the reform.
According to the requirements of the central government, the Supreme People's Court, on behalf of the "two high", asked the Standing Committee of the National People's Congress to authorize this pilot reform. Decision on the pilot work of the leniency system for admitting guilt and accepting punishment in criminal cases" (hereinafter referred to as the "Authorization Decision").
根据全国人大《授权决定》的要求，在中央深改组通过的《试点方案》的基础上，“两高三部”对改革试点的具体制度设计进行了反复研究论证，形成了《关于在部分地区开展刑事案件认罪认罚从宽制度试点工作的办法》(以下简称《试点办法》)，于2016年11月16日正式印发实施。认罪认罚从宽制度试点工作自《试点办法》印发之日起正式拉开帷幕。
2018年10月26日，《中华人民共和国刑事诉讼法》修改时正式确立认罪认罚从宽制度，开启了刑事诉讼程序快慢分道的程序设置新模式，以有效回应刑事案件数量激增、司法资源有限的社会治理难题。正如全国人大常委会副委员长王东明所言：“内容虽然不多，但是意义很大。”
宽严相济是党和国家一贯坚持的刑事政策。在中国政法大学教授樊崇义看来，刑事诉讼中对认罪认罚的被追诉人予以从宽处罚，正是“宽严相济”刑事政策的直接体现，通过“宽”“严”的相互协调，既追究犯罪分子的刑事责任，也保障被追诉人合法权益。樊崇义认为，这次诉讼模式的转型是我国刑事司法制度的一次深层次改革，甚至是一场“革命”。因为它推动了人们诉讼观念、认识的转变，必将深刻影响刑事诉讼司法制度的变革，必然会给不同的法律职业群体、不同的诉讼活动带来冲击和挑战。
让人始料不及的是，认罪认罚从宽制度适用之初，出现了“检察官主导责任与以审判为中心的刑事诉讼制度改革目标是否冲突？”“2019年10月24日‘两高三部’出台的《关于适用认罪认罚从宽制度的指导意见》明确认罪认罚案件检察机关一般应当提出确定刑量刑建议，是否侵犯法官的自由裁量权？”等问题，引起各界关注。
为了以最大诚意最大公约数凝聚最大共识，一场被誉为“2019年认罪认罚头脑风暴”的法检同堂培训和“控辩审三人谈”如期举行。历经1996年和2012年两次刑事诉讼法修改的“控辩审三人谈”三位作者首席大检察官张军、大法官姜伟、大律师田文昌莅临课堂，就“认罪认罚从宽制度”的热点难点盲点问题现场传道解惑。
面对学员提出“最高检要求认罪认罚案件当年12月适用率达到70%，基层检察官很困惑并有畏难情绪，而且不分地区不分案件类型也不分办案部门，这是否意味着‘下指标’”的敏感问题，张军积极回应说，法院审理的所有刑事案件，不分类型，加在一起，一审以后上诉的占10%左右，原则上没有超过15%。也就是说，一审以后的认罪率在80%以上。我们在侦查阶段、在审查起诉阶段，努力地去做工作，70%左右认罪认罚是符合实际的，没有要求更高。前提是80%多不分案件类型一审中都认罪了，既然都能认罪，对这80%左右努力做工作，认罪认罚在70%左右就不是无根据。
姜伟表示，“最高检提出认罪认罚从宽制度适用率达到70%，这是检察机关积极作为，主动担当。目前我们国家判处三年有期徒刑以下刑罚的刑事案件占到80%以上，提出70%适用率还有比较大的上升空间”。田文昌认为，70%认罪认罚的比率一点也不高。从国际社会的普遍情况来看，达到80%、90%的都有。
让人欣喜的是，认罪认罚从宽制度全面实施四年来，全国检察机关在依法严惩严重刑事犯罪的同时，根据刑事犯罪结构变化，在监察机关、人民法院、公安机关和司法行政机关支持配合下，与时俱进、积极适用认罪认罚从宽制度办结案件327.4万件，占同期办结刑事案件总数的75%。制度适用率逐年上升，2019年为49.3%，2020年为86.8%，2021年达89.4%。
胡云腾介绍，2021年全国法院适用认罪认罚从宽制度审结刑事案件已经达到98万件，占全国法院同期审结刑事案件的80.09%，宽严相济刑事政策得到充分体现。认罪认罚的被告人更有利于教育改造和回归社会，再犯率显著降低，从而极大地减少了社会对立面，促进了社会和谐。
对于轻罪的划分标准，理论界存在“罪名说”“罪行说”“法定刑说”“宣告刑说”等不同观点。北京市人民检察院副检察长张朝霞认为，司法机关讨论轻罪治理，除了立法上的轻罪之外，还要考虑什么样的罪行刚刚超过刑事追诉的门槛，由于社会危害性并非特别严重，可以获得轻缓处罚的问题，较为典型的就是“自助超市盗窃”案件和民间纠纷引发的轻伤害案件。
认罪认罚从宽制度已经成为刑事诉讼的新常态，推动我国刑事诉讼模式悄然发生转型。侦查模式上，因犯罪嫌疑人认罪认罚对及时有效侦破案件具有重要意义，特别是在犯罪手段隐蔽或者因客观条件所限，证据的提取、固定存在困难的案件中，通过犯罪嫌疑人认罪认罚，而收集到更加充分的证据，对侦破案件显得尤为重要。侦查机关已经习惯于尽早开展认罪认罚教育工作，检察机关适用该制度办理的案件中，侦查环节建议适用的从2019年1月的23.6%上升到2021年的43.8%。
实践证明，这一制度完全符合我国现阶段刑事犯罪结构变化和刑事诉讼制度发展规律，有利于更好实现司法公正与效率的统一，有利于推进国家治理现代化。党中央决定完善认罪认罚从宽制度，不仅着眼于合理配置司法资源，助推以审判为中心的诉讼制度改革，在更高层次上实现公平与效率的统一，更着重于以最小的司法成本化解社会矛盾、促进罪犯改造。
确立少捕慎诉慎押刑事司法政策
新中国成立以来，特别是改革开放以来，中国共产党领导人民创造了经济快速发展和社会长期稳定“两大奇迹”。伴随着我国经济社会全面发展进步，刑事犯罪结构发生明显变化。抢劫、杀人等严重暴力犯罪持续下降(起诉人数从1999年的16.2万人降至2021年的5.9万人)；“醉驾”等轻罪和生产销售伪劣商品、侵犯知识产权等破坏社会主义市场经济秩序的新型犯罪大幅上升；判处三年以下有期徒刑及以下刑罚的案件占比从1999年的54.6%上升至2021年的80.4%。
同时，认罪认罚从宽制度适用率已达85%以上，其中占绝大多数的轻罪案件犯罪嫌疑人、被告人认罪认罚，主观恶性和社会危险性大大降低，证据稳定性明显增强，加之取保候审等非羁押强制措施监管不断完善，电子手环、非羁码等现代电子监控手段的应用，办案机关对逮捕羁押等限制人身自由的强制措施依赖程度大大降低。
面对这样的变化，刑事司法理念、政策应当与时俱进。最高检提出要树立少捕慎诉慎押刑事司法理念，对轻罪案件以及其他具有法定从轻、减轻处罚情节的犯罪嫌疑人、被告人，特别是社会危害不大的初犯、偶犯、过失犯、未成年犯等，体现当宽则宽，慎重逮捕、起诉、羁押，促进犯罪嫌疑人真诚悔罪、减少社会对立面、增进社会和谐。这一理念得到了党中央充分肯定。2021年4月，中央全面依法治国委员会年度工作要点明确提出，适应我国刑事犯罪结构性变化，坚持少捕慎诉慎押刑事司法政策。
记者采访时了解到，去年以来，检察机关积极推动形成共识，与公安机关、人民法院共抓政策落实，取得了积极成效。一是诉前羁押率降幅较大，逮捕措施严格适用；二是不起诉裁量权的行使更加充分，犯罪治理成效不断凸显。检察机关完善不起诉后非刑罚处罚机制，对于犯罪情节轻微的法定犯依法作出不起诉决定后，需要给予行政处罚、处分的，依法及时向有关主管机关发出检察意见，督促不起诉后非刑罚处罚措施的落实，推动执法司法机关形成“刑事追诉宽严相济、行政处罚从严从重”的政策共识；三是羁押必要性审查数量成倍上升。2021年7月最高检在全国检察机关部署开展了为期半年的羁押必要性审查专项活动，并在今年将范围扩大至全部在办羁押案件，将专项活动延长至2022年年底。
北京德恒律师事务所副主任李贵方表示，据了解，在政法机关的共同努力下，2022年上半年的诉前羁押率下降到32.7%，几乎达到了学者们一直论证的良好的诉前羁押比率，超出了许多人的想象。这一效应既有利于降低犯罪嫌疑人、被告人及其家庭所承担的改造成本，也有利于减少看守所内的交叉感染等负面影响，节省羁押资源，也将影响广大人民群众对羁押措施的认识，扩大人民群众对非羁押强制措施的接受度。
“检察机关是唯一可以全程参与刑事诉讼活动的专门机关，因此，要进一步健全与公安机关、审判机关的协作配合与监督制约机制，协同发挥制度优势，把少捕慎诉慎押刑事司法政策落实到刑事诉讼全过程。”孙长永建议。
刘艳红建议，为了更好地贯彻少捕慎诉慎押刑事司法政策，应该建立起贯通实体法与程序法的一体化实质出罪机制，以“形式入罪、实质出罪”健全完善羁押必要性审查机制、建立常态化起诉必要性审查机制，充分发挥审查逮捕和审查起诉的实体法把关作用，从而全面一体深化少捕慎诉慎押司法改革，为构建和谐稳定的社会关系贡献实体法的力量。
2022年9月21日，一个可以成为刑事法治发展标志的重要新规出台，迅速刷爆朋友圈，引起各方高度关注。为充分体现宽严相济刑事政策以及少捕慎诉慎押刑事司法政策，进一步规范取保候审工作，最高人民法院、最高人民检察院、公安部、国家安全部联合发布《关于取保候审若干问题的规定》(公通字〔2022〕25号，以下简称《规定》)，这是对1999年“两高两部”所制定《规定》的全面修订。
这彰显着中国法治的进步。北京市东卫律师事务所主任郝春莉评价，新规出台说明少捕慎诉慎押刑事司法政策深入人心，现在进一步改进取保候审制度，是司法机关积极回应人民的新要求、新期待。在北京星来律师事务所合伙人赵运恒看来，这可以真正落实宽严相济政策和少捕慎押原则，使过去的以羁押为原则以取保为例外的状况发生重大改变，既有利于通过大幅度降低羁押率来降低司法成本，也有利于更好实现司法公正。
中国人民大学法学院教授程雷认为，近五年来，羁押性强制措施体系在检察机关主导下发生了明显变化，逮捕率、羁押率已经降到新中国历史的低点，相对应而存在的非羁押性措施取保候审制度的改革势在必行。
“降低刑事司法对公民人身权利、诉讼权利的物理性干预强度，体现了法治文明的发展方向。”程雷如是表示。
冀祥德对检察机关的《人民检察院羁押听证办法》给予高度评价。他认为，这使司法政策制度化，不仅直接改变了我国刑事审前程序的诉讼构造，而且，标志着中国特色社会主义羁押听证制度初步形成，是新时代中国向世界贡献的中国智慧、中国制度、中国方案，在我国刑事司法体制改革中具有划时代意义。
开展涉案企业合规改革
检察机关推动建立中国特色现代企业合规司法制度，是立足大局、着力营造安商惠企法治化营商环境，服务经济社会高质量发展的一项重要制度创新，具有十分重要的政治意义、法治意义和现实意义，得到各方面的高度肯定。
全国人大常委会委员、监察和司法委员会副主任委员徐显明认为，该制度有利于营造安商惠企法治化营商环境，服务保障经济社会高质量发展。
企业合规制度将有利于从源头上防治企业违法犯罪，助力国家治理体系和治理能力现代化。
北京大学法学院教授陈瑞华在多部门授课时特别谈到，检察机关开展涉案企业合规改革工作具有十分重要的政治意义、法治意义和现实意义。
“涉案企业合规改革既督促涉案企业
合规守法经营，也警示潜在缺乏规制约束的企业遵纪守法发展，集末端处理与前端治理于一体，促进司法、执法、行业监管部门形成合力，综合运用民事、行政、经济、刑事手段，有利于推动企业违法犯罪诉源治理，提升国家治理效能。”中南财经政法大学教授姚莉如是评价。
记者采访时了解到，检察机关涉案企业合规改革采用顶层设计与基层探索相结合的模式，经历了从试点到全面推开的过程。两年多来，在各方面支持下，合规改革扎实推进，探索建立了一套企业合规运行机制，特别是去年最高检与财政部、国务院国资委、全国工商联等8部门共建第三方监督评估机制，最近人力资源和社会保障部、应急管理部、海关总署、中国证监会也加入机制，领域更宽，合力更强，越来越多的相关部门正在积极参与到合规改革进程中，司法、执法、行业监管携手促进“严管”制度化、防止“厚爱”被滥用。
在试点之初，最高检就成立企业合规问题研究指导工作组，始终强调“严格依法”这条红线，要求现有探索都必须在法律框架内进行，从一开始就让这项制度“合规”、稳健。加强规范指导，近期出台《关于涉案企业合规改革中案件办理有关问题的会议纪要》，确保改革试点依法规范、稳妥开展。
在合规案件办理指导过程中，检察机关积极稳妥地逐步扩大适用案件范围，对于关系到金融资本市场安全、数字经济健康良性发展、涉众型民生领域等重点领域的上市公司、高科技企业、国有大型公司依法有序开展合规案件探索，充分践行检察机关服务经济社会健康发展的政治担当。
为充分发挥法治固根本、稳预期、利长远的作用，以更高质量的执法司法合作、以法治之力保障资本市场发展，2021年9月最高人民检察院成立驻中国证监会检察室，成立一年以来驻中国证监会检察室加强涉案上市公司企业合规制度的适用研究，深化资本市场涉案企业合规工作，科学确定涉案上市公司企业合规的主体范围、案件类型，做实督促整改、效果评估，切实推动涉案上市公司提升治理能力和水平。
2022年9月16日在最高人民检察院驻中国证监会检察室成立一周年之际，中国证监会主席易会满指出，在多方合力下，贯彻落实中央《关于依法从严打击证券违法活动的意见》取得重大进展，证券违法成本过低的情况在制度层面得到了根本改变，市场生态持续改善，市场韧性得到增强，检察机关一系列新机制的出台落地为资本市场健康稳定发展、防范化解金融风险、保护投资者合法权益提供了有力支持和保障。
记者了解到，2017年至2021年，对单位犯罪涉及的单位和人员的不起诉率为：16.3%、18.4%、22.9%、29.9%、33.5%。单位犯罪不起诉的适用，为推进企业合规建设、落实民营企业平等保护提供了前提和路径，特别是2021年扩大涉案企业合规改革试点以来，不起诉率较2017年高出17.2个百分点，让一大批企业卸下包袱、再获重生，对于稳住经济基本盘、保就业、稳增长发挥了重大积极作用。
企业合规改革凸显出刑事诉讼立法修改势在必行，对此无论是学术界还是实务部门认识完全一致。今年全国两会上，一些代表委员要求完善涉案企业合规改革相关立法，有的还提出了明确具体的立法建议。最高检深入研究，围绕立法修改的路径方式、体例框架、条文内容等形成了初步方案，正在广泛征求有关方面意见。
中国人民公安大学法学院教授李玉华认为，有一点在刑事诉讼的立法修改时应当予以明确：刑事诉讼立法要从以自然人为中心向自然人与单位(企业)双中心转化。更为重要的是可以将单位参加刑事诉讼与自然人参加刑事诉讼放在一个同等重要的地位，彻底改变以往以自然人为中心的立法偏向。
新时代刑事司法走出中国特色社会主义法治之路
党的十八大以来，我国刑事司法理念政策制度不断丰富和发展，刑事司法水平持续提升。
陈训秋指出，刑事司法制度是国家法律制度、司法制度十分重要的组成部分，司法体制改革在全面深化改革、全面依法治国中居于重要地位，对推进国家治理体系和治理能力现代化意义重大。
陈卫东认为可以从四个方面来阐述：人权保障理念愈发彰显，程序独立价值日益凸显，刑事司法政策更加宽平，从“治罪”到“治理”理念的转变明显。
陈卫东表示，2012年刑事诉讼法在总则中增加“尊重和保障人权”条款，并在具体制度设计中增加非法证据排除规则等规定落实该原则。通过全面深化司法体制改革、坚决纠正和防范冤错案件等举措，努力实现尊重和保障人权在刑事司法领域全链条、全过程、全方位覆盖，凡此种种，均体现了人权保障司法理念的彰显。
在陈卫东看来，侦查取证规范化流程建设、审查逮捕听证机制改革、刑事案件辩护全覆盖、庭审实质化改革、非法证据排除规则完善、量刑规范化改革等一系列刑事司法改革成果表明，我国的刑事诉讼程序正在逐渐祛除程序工具主义的桎梏，更多“看得见的正义”得以彰显。
“刑法不仅是善良人的大宪章，也是犯罪人的大宪章。”全国人大代表、清华大学法学院院长周光权表示，刑事司法改革需要客观主义支撑。众所周知，近年来在刑事司法领域推行了大量改革举措，例如出台了防范冤假错案规范性文件，纠正了一批冤假错案，推进认罪认罚从宽制度改革，少捕慎诉慎押等。改革成绩有目共睹，但是也还要看到：有的司法人员处理案件时，正确的刑法方法论尚未形成，遇到疑难案件“眉毛胡子一把抓”的现象还时有发生。
周光权认为，在从程序法角度推进司法改革的同时，要坚持刑法客观主义，避免司法人员仅凭被告人的认罪口供或仅怀疑被告人的人品，就启动刑事追诉程序，从而确保刑事司法活动在正确的轨道上运行，坚持法治原则。
最高人民检察院第一检察厅厅长苗生明认为，一项项重大改革持续推动我们国家的刑事司法制度、司法理念甚至诉讼模式发生了历史性的转变，在中国特色社会主义法治道路上走出了一串串坚实的脚印，这样一个历史性的变革过程，侦、诉、审、辩关系和格局必然出现一些新变化，推动刑事法治“生态圈”的优化升级。
回望新时代中国刑事司法走过的波澜壮阔之路，胡云腾用了“三个前所未有”高度概括：提出的刑事司法改革举措之多前所未有，推进刑事司法改革的力度和深度前所未有，通过党内法规和国家法律固定的刑事司法改革成果之丰之实前所未有。
新时代各项刑事司法改革举措深刻改变了办案机关和办案人员的刑事司法理念，充分展示了我国刑事诉讼的新面貌和新形象。
胡云腾介绍：比如，危害相对较轻的危险驾驶、帮信等轻罪多了，严重危害人民群众生命财产安全的暴恐犯罪、黑恶势力犯罪少了；刑事诉讼程序中不羁押和不起诉的被追诉人多了，不当羁押和起诉的少了；人民法院依法判处轻罪和轻刑的被告人多了，依法判重罪和重刑的少了；被追诉人认罪认罚的多了，不认罪不认罚的少了；一审服判息诉的刑事案件多了，不服上诉的少了；被追诉人获得律师辩护、法律帮助的多了，没有律师辩护、帮助的少了；被害人获得实质性民事赔偿的多了，过去常见的刑事附带民事诉讼空判的少了；刑事冤假错案纠正的多了，新发现的刑事冤假错案少了；社会各界对司法公平正义的认同度进一步提升。
2018年1月11日，中共中央、国务院下发了一份重要文件，对如何“保障人民安居乐业、社会安定有序、国家长治久安，进一步巩固党的执政基础”作出重要部署。
民惟邦本，本固邦宁。民心就是最大的政治，平安就是最大的民生。一些黑恶势力长期进行聚众滋事、垄断经营、敲诈勒索、开设赌场等违法活动，成为国家和社会治理的毒瘤，成为侵蚀群众获得感、幸福感、安全感，破坏党执政基础的渊薮，老百姓敢怒不敢言，如何谈幸福指数？
2018年1月23日，中央政法委在全国扫黑除恶专项斗争电视电话会议上发出动员令，要求坚决打赢这场战役，吹响了为期3年的“扫黑除恶”冲锋号。
“铲除黑恶势力滋生的土壤，这是一个具有政治远见的洞识。”中国政法大学校长马怀德如是评价。
随着专项斗争的不断深入，进入侦查、起诉、审判阶段的涉黑恶案件越来越多，对政法机关精准运用法律武器能力的考验更加直接，“理念之变”应该也是新时代刑事司法最值得书写的华丽篇章。
2018年1月23日，全国扫黑除恶专项斗争第一次电话会议上，中央政法委特别强调：“在依法严惩的同时，要把握好法律政策界限，既不能降格处理也不能人为拔高。”
“坚持以事实为根据，以法律为准绳，是黑恶犯罪一个不放过，不是黑恶犯罪一个不凑数。”张军在2019年全国两会上作出庄严承诺。
疥癣之疾，易成膏肓之患。黑恶势力暗处作恶好比癌症的潜伏期，尚未明火执仗引发众怒的时候，不被注意。中央开展扫除黑恶专项斗争，就是要形成强大的扫除合力，以大“扫帚”坚决清除黑恶势力及其“保护伞”社会毒瘤，让人民群众安全感、满意度明显提升，还社会河清海晏、天朗气清，还老百姓朗朗乾坤。
扫黑除恶可能有漏网之鱼但绝不能有盲区。2022年9月23日，备受舆论关注的“唐山烧烤店打人案”一审宣判：陈继志获刑24年。结果一出，朋友圈刷屏，有网友评论：“陈继志案”，从舆论监督、查处速度、处罚力度，始终在舆论关注、督促、支持下，这既是公平和正义的彰显，也对社会释放出司法依法严惩恶势力犯罪绝不会收手的强烈信号，体现了严重影响人民群众安全感、侵犯妇女儿童合法权益的大案、要案从快、从严处理的精神，充分发挥刑事司法的教育功能，对潜在的犯罪分子起到应有的威慑作用。
这是一起引起极大社会关注的案件。从打人视频引发热议，施暴人的暴行被全网谴责，到警方公布陈继志等涉案人员的“前科”，其背后的“保护伞”被公开，再到公诉、审判，政法机关积极回应着人民群众对公平正义的呼唤。
公安部、河北省公安厅相继召开专题会议，全面启动夏季治安打击整治“百日攻坚战”，检察机关依法审查，从快批捕，从严追诉，同时坚持实事求是和法治原则，对证据显示没有参与打人的依法作出不起诉处理；人民法院依法审判，对首犯陈继志判处有期徒刑24年的重刑。
该案充分考虑具体个案的特殊情况和社会公众的心理感受，也从另一个侧面印证了认罪认罚从宽、宽严相济的刑事司法政策绝不是“一宽了之”“一轻到底”，对性质恶劣、严重影响人民群众安全感的案件，依法该严必严，司法绝不手软。
云南“孙小果案”曾轰动一时，原本早在1998年便被判处死刑的孙小果一次次逃出法网。案件暴露出刑事诉讼各环节失守，让“司法责任制”长出牙齿就是满足人民群众对公平正义的需求，最高检党组不放松、从严主动增加问责人员达到12人，这不仅是“终身追责不是口号”的有力体现，也是过去十年中国改革重构权力配置和运行机制、把权力关进制度“笼子”的一个缩影。
管住枉法的权力，斩断寻租的黑手。党的十八大以来，中国司法改革紧紧牵住司法责任制改革这个“牛鼻子”，进一步完善执法司法制约监督政策措施，最大限度压减权力设租寻租空间，就是想从根本上解决审者不判、判者不审、权限不清、责任不明等问题。
习近平总书记指出：“法治工作是政治性很强的业务工作，也是业务性很强的政治工作。”
业务工作不仅有法律的标准，也有人民群众满意不满意的政治标准。怎么判断人民群众满意不满意？案件折射社会痛点，典型案例所起的示范、推动作用则是治理“良药”。“昆山反杀案”“取快递女子被造谣出轨案”“73岁企业家豪娶29岁大美女”等，每起案件都是全网几亿人围观，“沉睡”的刑法正当防卫条款被激活、法不能向不法让步、自诉转公诉……社会不吝盛赞，而这些都离不开政法机关、司法人员理念的转变，离不开“以人民为中心”指导思想的合力践行！
记者曾接到一个政法前辈的电话：“美国枪杀事件那么多起，民众表示不满也没有任何改变。现在我们的司法实践中经常出现个案被炒作、无限放大，你们得引领啊。”这个电话曾让记者思考了很久，民意与司法的关系，在信息化时代是个重要的课题。司法在进步，老百姓对公平正义向往的需求也在提高，更需政法机关保持定力，接受监督倾听民意，同时也要尊重司法规律，坚持法定原则。唯有如此，案件办理才能真正实现政治效果、法律效果和社会效果的有机统一。
记者从研讨会的发言中，深刻感受到，新时代中国刑事司法在我国经济社会高质量发展不平凡的伟大历程中，取得的辉煌成就是耀眼的、超乎常人想象的，而这一切都离不开党的领导。
At present, the world is undergoing profound changes unseen in a century. The characteristics of the changes in the world, the times, and the history are more obvious. The risks and challenges that need to be dealt with, and the contradictions and problems that need to be solved are more complex than ever before.
Socialism with Chinese characteristics carries the ideals and explorations of several generations of Chinese Communists. It is an inevitable choice for China's social development since modern times, and it is the only way to develop and stabilize China.
The tide is flat and the banks are wide, and the wind is hanging!
The 20th National Congress of the Communist Party of China is about to be successfully held. The "Seminar on the Reform, Development and Prospect of China's Criminal Justice in the New Era" is of far-reaching significance at this historical node. The participants expect that China's criminal justice will be more sonorous and powerful on the road of socialist rule of law with Chinese characteristics. pace of!