The list of rights and responsibilities makes law enforcement strict and standardized
Jiangsu Public Security further promotes the reform of the law enforcement responsibility system
editor's note
Fair justice is the last line of defense for maintaining social fairness and justice.
The report of the 20th National Congress of the Communist Party of China called for strengthening the restriction and supervision of judicial activities and promoting judicial justice.
In 2022, the Comprehensively Deepening Political and Legal Reform Promotion Conference pointed out that the reform of the operation mechanism of law enforcement and judicial power should be deepened to further improve the quality, efficiency and credibility of law enforcement and justice.
In the past year, local political and legal agencies have been pioneering and innovative, and have continued to deepen the reform of the operation mechanism of law enforcement and judicial power. From the responsibility list to the judicial administrative organs, deepen the reform of the administrative reconsideration system, and effectively standardize the use of power.
At the end of the year and the beginning of the year, the Jingwei Edition of the Rule of Law opened a column of "Frontier Observation · Reform of Law Enforcement and Judicial Power Operation Mechanism" and launched a series of reports to show the vivid practice of promoting reform in various places, sum up experience, and help judicial justice.
stay tuned.
□ Reporter Ding Guofeng
During the police enforcement process, the party suddenly fell into a coma.
Can this matter be "clearly explained"? Should the police be held accountable?
After the incident, the Public Security Bureau of the city where the police were located notified the procuratorate of the situation as soon as possible, and set up a joint investigation team to carry out the investigation. The Jiangsu Provincial Public Security Bureau sent personnel to supervise the whole process.
After investigation, during the traffic rectification process, the illegal truck driver Wang Mou violently obstructed the punishment, and suddenly fell unconscious during the stalemate. The traffic policeman Pan Mou immediately dialed 120, and Wang Mou was sent to the hospital for emergency treatment. Pan Mou performed his duties according to law enforcement standards. There is no need for accountability.
The Municipal Bureau also announced the investigation and demonstration opinions to the public in a timely manner, eliminating all kinds of suspicions.
This is a vivid microcosm of Jiangsu Public Security's deepening reform of the law enforcement responsibility system.
In recent years, Jiangsu has further promoted the list system of powers and responsibilities for public security law enforcement, compacted the responsibilities of city and county public security organs to perform their duties according to law, and held the "bull nose" in the construction of public security under the rule of law.
Since the Provincial Department issued the "Implementation Opinions on Further Promoting the Reform of the Provincial Public Security Law Enforcement Accountability System" in April 2022, Jiangsu's public security organs have unswervingly promoted the reform of the law enforcement responsibility system and established a public security law enforcement responsibility system with clear rights and responsibilities, intensive and efficient , to promote the in-depth development of law enforcement standardization.
Lighting and whistling to strengthen supervision
Defining Boundaries and Implementing Responsibilities
"The Sun XX case you handled was suspected of theft, and the bail pending trial is about to expire. Please handle it in time according to the law. The following is a reminder of the risks of law enforcement and discipline in similar cases..." In the Zhangjiagang City Public Security Bureau, every law enforcement and case-handling policeman will regularly receive To the reminder message sent by the Law Enforcement and Disciplinary Supervision and Management Center.
According to Ji Guofeng, head of the legal brigade of Zhangjiagang Public Security Bureau, under the unified leadership of the Law Enforcement Supervision and Management Committee of Zhangjiagang Public Security Bureau, some inspectors and policemen have been stationed in the legal brigade to extend the reach of inspectors to the source of law enforcement and case handling. Intensive, refined, whole-process, and retrospective supervision and management of elements of law enforcement such as personnel, places, property, and files, as well as daily law enforcement and case-handling activities of the police.
This is the latest example of the Suzhou public security organs vigorously promoting the physical operation of the Law Enforcement Supervision Committee, and realizing the integrated efforts of the "comprehensive supervision" of the legal department and the "professional supervision" of the police department.
By deepening the reform of the law enforcement responsibility system and the reform of law enforcement supervision and management, the Suzhou Municipal Public Security Bureau has formulated the "Regulations on the Responsibilities of Police Law Enforcement Supervision and Management of Public Security Organs in the City", which scientifically defines the boundaries of law enforcement powers and responsibilities of police departments, and implements the three levels of city and county teams. Responsibility for law enforcement and case handling.
Among them, through the integration of the construction of a large public security supervision structure, a supervision system with "lights on and whistles" as the main line of normal supervision, integrity risk investigation and control, standardized handling of letters and visits and complaints, and accountability for work faults has been formed. Ensure that the entire police force and the entire business process are under the constraints of laws, regulations, and disciplinary rules.
To strictly implement the law enforcement responsibility system of public security organs, we must solve the difficult problem of "balance of power and responsibility".
Since 2017, the public security organs in Jiangsu Province have closely focused on the most effective starting point of the "power list", which has been deeply promoted as an important supporting reform measure to implement the law enforcement responsibility system.
At present, various police departments of the Suzhou Public Security Bureau have established three checklists for the investigation of hidden dangers of corruption, rectification measures, and regular inspections, focusing on institutional mechanisms, law enforcement, and team management, and implement "all elements" inspections.
Grass-roots police stations strictly implement the first-hand-first-handling system by setting up letters and visits reception posts, publicizing complaint hotlines, and posting complaint QR codes, promoting leaders to make appointments and package cases, and improve the one-time completion rate and time-limited resolution of first-time letters and initial visits Rate.
"Lights are turned on for long-delayed units with outstanding problems, and whistles are blown for individual cases with unstable factors, forming a strict and tight supervision situation, and strictly pursuing accountability for problems found in complaints and complaints. ” said Zhou Zhen, Director of the Party Conduct and Clean Government Construction Office of the Suzhou Municipal Public Security Bureau.
In the Taizhou Public Security Bureau, through the research and formulation of the "Taizhou Public Security Organs' Work Regulations on the Stationing of Legal Officers", 105 legal officers were selected and sent to each grass-roots team to carry out embedded management, which solved the problem that the former full-time and part-time legal officers were both athletes and referees , Empty hanging idling phenomenon.
"By strictly implementing the work requirements of day-end, week-clearing, and month-end work, we insist on daily police-by-police and case-by-case supervision and reminders, and strictly grasp law enforcement at the source and process control." said Chen Xu, a legal officer at Xinjie Police Station of Taixing City Public Security Bureau in Taizhou.
It is understood that in 2022, the number of law enforcement problems in the police situation handling, case handling, site management and other links of the institute will drop by 58.8% year-on-year, and the deduction points for law enforcement quality evaluation by higher authorities will drop by 48.6%. , more arrests and more prosecutions, statutory non-arrests and no prosecutions, prosecution corrections, and acquittal verdicts have zero occurrences, and police officers have been held accountable for law enforcement errors.
Create a standard for legal performance
Covers all aspects of law enforcement
In April 2022, the Jiangsu Provincial Public Security Department revised and improved the "Implementation Opinions on the Comprehensive Implementation of the Public Security Law Enforcement Responsibility System for Public Security Organs in the Province" issued in 2020, and issued the "Implementation of Further Promoting the Reform of the Provincial Public Security Law Enforcement Responsibility System" The Opinions, focusing on the political responsibilities of law enforcement, the main responsibilities of law enforcement, the responsibilities of performing duties in accordance with the law, the supervision responsibilities of law enforcement, and the law enforcement guarantee mechanism, clearly proposed to build a "five-in-one" Jiangsu in the new era with clear responsibilities, unified powers and responsibilities, effective supervision, and strong guarantees Public Security Law Enforcement Responsibility System.
"We must unswervingly promote the reform of the law enforcement responsibility system, effectively improve the level of strict, standardized, fair and civilized law enforcement capabilities, and strive to make the people feel fair and just in handling every case." Li Yaoguang, director of the Jiangsu Provincial Public Security Department, introduced that through persistence Politically oriented, problem-oriented, and effect-oriented, with particular emphasis on strengthening political responsibility as a guide, in response to the new requirements of the rule of law, the new expectations of the masses, and the new situation and changes faced by public security law enforcement, redeployment will be made to further promote the reform of the province's public security law enforcement responsibility system To ensure that the public security organs perform their duties in accordance with the law and earnestly fulfill the missions and tasks of the new era entrusted by the party and the people.
The Party Committee of the Jiangsu Provincial Public Security Department formulated and implemented the "Communist Party of China Jiangsu Provincial Public Security Department Committee Decision-making Rules" and "Jiangsu Provincial Public Security Department Director's Office Meeting Rules" to strictly regulate the political life within the party, and the party committee of the Public Security Department made democratic and scientific decision-making The level of standardization and standardization has been continuously improved.
Implement the requesting and reporting system for major matters to ensure that public security and law enforcement work always adhere to the correct political direction.
By adhering to the problem-oriented approach, efforts are made to solve prominent problems such as unclear law enforcement responsibilities, unclear responsibilities, weak supervision, and insufficient guarantees in the past, and clarify "who is responsible for handling cases, who is responsible for reviewing, who is responsible for approving, and who is responsible for supervising", and establishes " The accountability system with clear powers and responsibilities and consistent penalties and punishments; by adhering to the effect orientation, the reform of the law enforcement responsibility system, the education and rectification of the public security team, the rectification of law enforcement chronic diseases and other central tasks are coordinated and combined to strengthen the rectification of law enforcement problems, the accountability of law enforcement, and make up for shortcomings board, strengths and weaknesses.
From January to July 2022, a total of 9,153 various law enforcement problems were investigated, and the police were held accountable by carrying out the special work on outstanding issues of "not filing a case, suppressing a case and not investigating it, and pursuing law enforcement for profit" in the public security organs of the province 266 person-times; through in-depth analysis of law enforcement issues, and constantly making up for and repairing the shortcomings of the mechanism in the operation of law enforcement powers, the province's public security organs formulated or revised 170 law enforcement systems, and the Provincial Public Security Department compiled 31 law enforcement systems among them, and compiled them. Promoted throughout the province.
The Jiangsu Provincial Public Security Department also strictly implemented the list of powers and responsibilities, detailed law enforcement responsibilities to each law enforcement unit, law enforcement post, and law enforcement link, and created a new "ruler" for the police to perform their duties according to the law.
A reporter from the "Rule of Law Daily" looked through the list of administrative law enforcement powers and responsibilities and saw that through standardization and standardization, a total of 1,305 items of administrative licensing, administrative punishment, administrative enforcement, administrative confirmation, administrative rewards, administrative expropriation, and other administrative powers were sorted out. And a list of 73 responsibilities in 6 categories. Through tabular design, each power and responsibility category has clarified departmental responsibilities, corresponding powers and responsibilities, responsibility boundaries, criminal liability situations, and exemptions.
Among them, the situation of accountability is further detailed into acceptance responsibility, decision responsibility, interim and post-event supervision responsibility, etc., and only the provincial public security department alone exercised the administrative license of financial institution business site construction plan approval and project acceptance, which detailed 14 Article of accountability.
In addition, the Jiangsu Provincial Public Security Department also referred to the requirements for the preparation of the list of administrative powers to sort out the province's criminal law enforcement powers, compiled a list of criminal law enforcement powers, and a list of criminal law enforcement power responsibilities. Responsibility for the process has established a relatively complete law enforcement responsibility system in an all-round way.
It is understood that in accordance with the requirements of the list of powers and responsibilities, Jiangsu Public Security has clarified the responsibilities of on-site law enforcement, review and approval of case handling, law enforcement supervision and management, law enforcement safety supervision, etc., covering police reception, case filing, case handling, site management, law enforcement protection Wait for all law enforcement links, all law enforcement units, and all law enforcement positions to achieve full coverage of case-handling responsibilities "horizontally to the edge and vertically to the end", with no dead ends in supervision and management, and no blind spots in accountability.
Since 2022, the province's public security organs have lost only 0.7% of administrative litigation cases, and the provinces and departments as defendants have continued to "zero defeat" in administrative litigation cases.
Law enforcement is protected
Lifetime responsibility for case handling quality
During the interview, a number of public security and legal police officers told reporters that the most obvious advantage of establishing a list of law enforcement powers and responsibilities is that it helps the entire police force to clearly establish the concept of "doing their duties according to the law without taking responsibility, and law enforcement according to regulations is protected".
"Anyone who can strictly enforce the law in accordance with the requirements of the list of law enforcement powers and responsibilities on the spot, in terms of law enforcement procedures, law enforcement language, and action specifications, will not have to worry about encountering unreasonable complaints afterwards, which will help promote the police to both strictly enforce the law and be able to Boldly enforce the law and dare to enforce the law." Li Jianbing, political commissar of the Legal Affairs Corps of the Jiangsu Provincial Public Security Department, said that on the contrary, if the police fail to enforce the law on the spot according to the law enforcement standards and cause serious consequences or negative impacts, they will be held accountable and the police will be warned.
Jiangdu Branch of Yangzhou Municipal Public Security Bureau has selected 50 monthly law enforcement stars and 38 case management stars this year, interviewed 5 principal persons in charge of units with poor law enforcement quality and efficiency, and investigated 6 law enforcement faults.
The basis for making these evaluations and processing is the full-staff point evaluation mechanism launched by the bureau.
It is understood that through the strong implementation of the case sponsoring police system, the system of dispatching legal officers, and the case review and division system, the quality and efficiency rankings are displayed in real time, law enforcement issues are issued in real time, SMS notifications, and the whole process is forced to rectify, effectively improving The rectification and reform of law enforcement issues are pertinent and effective.
Among them, through the evaluation of police case quality and efficiency points, standard points are set for the initiation of law enforcement procedures such as police handling, case acceptance, and case filing, and case termination measures such as transfer of prosecution, cancellation of cases, and public security mediation, and at the same time, partial weighted points are made for the speed and difficulty of case handling. The quality of law enforcement is deducted according to the evaluation data in the law enforcement management platform. After the efficiency and quality scores are aggregated, the police’s comprehensive case handling points are obtained for ranking, rewards and punishments, and encourage the police and law enforcement teams to handle more cases, handle cases quickly, and handle cases well.
The bureau also evaluates the work quality and efficiency of legal personnel, including the implementation of the "active inspection and correction point system" and "superior supervision and deduction system" assessment for the work quality and efficiency of legal personnel stationed in the country, and the system automatically captures daily work such as case review, supervision and evaluation Data, as well as administrative case completion rate, fast handling rate, procuratorial supervision ratio and other law enforcement quality data of stationed units, automatically counts the work quality and efficiency points of stationed legal staff, and implements bi-monthly evaluation and year-end evaluation to maximize Mobilize the work enthusiasm of the stationed legal staff.
In order to fully implement the responsibility for case review, the Jiangdu branch also requires that all cases requiring legal review should be assigned by the system to review police officers to prevent "favorable cases".
"The handling of public security cases is different from courts and procuratorates. There are many links in a case and many people who handle it. In order to pursue the entire chain of accountability, the provincial department requires the public security organs in the province to implement lifelong accountability for major law enforcement decisions, wrongful investigations, and lifelong accountability for the quality of case handling. It is not affected by changes in the unit's position, rank, or retirement." Zhou Hao, Chief of the Law Enforcement Supervision and Guidance Section of the Legal Affairs Corps of the Jiangsu Provincial Public Security Bureau, introduced that the specific method is "one case and four investigations", that is, the police who handle the case, the police who review the case, the leaders who approve, and the supervision All personnel must be held accountable.
In July 2022, the Legal Affairs Corps of the Jiangsu Provincial Public Security Department specially deployed more than 20 legal police officers to form a special working class, and for the first time carried out "stationary special inspections".
By adopting the method of "intelligent screening + manual investigation", the key police cases, administrative cases and criminal cases of the inspected units were thoroughly checked one by one, and a batch of 16 types of regional and aspect problems were found, and a batch of problematic police cases and problematic cases, and through supplementary criminal cases, thoroughly investigate, correct and rectify.
"The main leaders of the provincial department request to further strengthen the law enforcement responsibility system and clarify the law enforcement responsibilities at all levels, which is also the implementation of the Ministry of Public Security's reform requirements of 'provincial departments are responsible, cities and counties are responsible, and police stations are responsible for defense'." Jiangsu Provincial Public Security Department Legal Team Deputy Chief Lu Youyong said that after the implementation of the law enforcement responsibility system, the fundamental change is to strengthen the awareness of law-based thinking and law-based ways of performing duties and handling cases, and to a certain extent, it has also promoted the "principal responsibility of the main party and government leaders in the construction of the rule of law". effective implementation.
It is understood that the Jiangsu public security organs will also organically combine the reform of the law enforcement responsibility system with the construction of the law enforcement restriction and supervision system, and promote them in one piece. Public Security Organs People's Police Law Enforcement Fault Responsibility Implementation Rules, formulating regulations on individual case supervision, strictly distinguishing between intentional responsibility, gross negligence responsibility and supervision and management responsibility, and classifying them according to their role and degree of fault; "Three Provisions", distinguishing the boundary between legal supervision and illegal intervention and interrogation, improving the protection and incentive mechanism for those who record violations of interference and interrogation cases, and the police's lawful performance of duties and exemptions and error-tolerant and error-correcting systems, etc., to effectively maintain the authority of the police in law enforcement.
In addition, in order to strengthen the actual training of law enforcement and improve the ability of the police to perform law enforcement responsibilities, Jiangsu Public Security has also improved the post training standards of 23 police departments, established "training corners" in 1769 grassroots teams, integrated training into daily life, and revised The "Guidelines for Police Auxiliary Personnel of Public Security Organs to Assist in Law Enforcement" comprehensively improves the effectiveness of police auxiliary personnel in assisting public security in law enforcement.
(Rule of Law Daily)