How to answer the questions of the good times under the guidance of Xi Jinping’s Thought on the Rule of Law
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- The National Procuratorate's Promotion Conference on Strengthening Political Construction and Deepening Procuratorial Reform and Theoretical Research made arrangements for procuratorial theoretical research in the new era.
Thoughts are the forerunners of action, and theory is the guide for practice. Facing the task of reform and development that keeps pace with the times and meets the new and higher needs of the people, procuratorial work must keep up and adapt, just like "rolling a stone up a mountain". There is an urgent need for procuratorial theory research and procuratorial reform and development practice under the guidance of Xi Jinping's Thought on the Rule of Law. Keep deepening. The National Procuratorate Promotion Conference on Strengthening Political Construction and Deepening Procuratorial Reform and Theoretical Research, held on July 12, provided " Timely rain". The
conference system answers the questions about the significance of procuratorial theory research in the new era, the mission of the times, and historical responsibilities, what are the issues that require in-depth study and explanation in the practice of procuratorial duties, and how to scientifically answer new issues raised by procuratorial duties. The meeting clearly pointed out that to strengthen the research on procuratorial theory in the new era is to deepen the theoretical and practical understanding of Xi Jinping's rule of law thought, use Marxist legal theory to guide the comprehensive rule of law and procuratorial reform and procuratorial practice in the new era, and provide a profound answer to why procuratorial duties must be more conscious in the new era. , firmly adhere to the party’s absolute leadership, adhere to the people-centered approach, and adhere to the path of socialism with Chinese characteristics and the rule of law.
The epochal mission and historical responsibility that procuratorial theory research must shoulder is to take Xi Jinping's rule of law thought as its soul throughout, continuously promote the positive interaction between procuratorial theoretical innovation and practical innovation, assist the construction of the socialist rule of law system with Chinese characteristics, and lead the high-quality procuratorial work Develop to provide better services and ensure high-quality economic and social development. The meeting emphasized that to deepen the study and application of Xi Jinping's rule of law thought in the practice of procuratorial duties, it is necessary to conduct in-depth research and explain why it is necessary to strengthen the party's absolute leadership over procuratorial work, why it is necessary to adhere to the people-centered approach, and why it is necessary to follow the path of socialist rule of law with Chinese characteristics . How to study and explain these three whys? An example pointed out at the meeting is thought-provoking: In the new era, the criminal structure has already undergone major changes, and misdemeanors have become the main component of crime. Keeping pace with the times and in accordance with the law, making fewer arrests and being prudent in prosecutions and detentions means, under the guidance of Xi Jinping’s Thought on the Rule of Law, to innovate the practice of performing duties, demonstrate social progress, and promote socialist rule of law and civilization. Research on procuratorial theory must explore what new and higher requirements the people in the new era have for social governance and procuratorial duties. How to explain to the people the development and progress of the times and the judicial policies of the party and the country based on the performance of procuratorial duties? To answer these questions well, we must achieve a higher level of "leading" through procuratorial theoretical research and further implement Xi Jinping's thoughts on the rule of law.
In the process of comprehensively governing the country according to law in the new era, the procuratorial organs have kept pace with the times and put forward higher requirements for concepts and practices such as integrated procuratorial performance of duties, proactive performance of duties, management of prosecution sources, big data strategy and so on. To strengthen research on procuratorial theory in the new era, we must answer new issues in procuratorial practice under the guidance of Xi Jinping’s Thought on the Rule of Law. From what aspects can you answer? The meeting proposed "in-depth research" in four aspects:
➤ It is necessary to deepen the theoretical research on "procuratorial integration" - to explore the new connotation of the concept of procuratorial integration while promoting the comprehensive, coordinated and full development of the "four major procuratorial services" and "ten major businesses", What are the new developments in legal basis, practical principles and paths? How can the "four major procuratorial offices" and "ten major businesses" be integrated and developed to perform their duties in an integrated manner? How can horizontal and vertical integration be seamlessly connected? How can the various litigation services of minors prosecution and intellectual property prosecution be substantively integrated?
➤ To deepen the theoretical research on "active performance of duties" - it is necessary to combine the essence and general laws of socialist justice with Chinese characteristics to scientifically answer the question of how to understand and grasp the connotation of "active performance of duties in accordance with the law" and what is the relationship between "according to the law" and "active" , What is the relationship between the active performance of duties as a judicial organ and the so-called "passive" and "passive" attributes of judicial power and other practical issues.
➤ It is necessary to deepen the theoretical research on "governance of the source of litigation" - that is, to study thoroughly what are the legal principles and responsibilities of the procuratorial organs to integrate into social governance and promote the governance of the source of litigation? There is both a "political point of view" basis for fundamental duties and a "legal point of view" legal basis. Theoretical research must be integrated with rich procuratorial practice to provide a profound explanation. Procuratorial recommendations are an important means for procuratorial organs to integrate into national governance and promote systemic governance, and their practical application has begun to show results. Procuratorial theory should explore how to grasp the relationship between individual cases and similar cases in procuratorial supervision and case handling, and gain insights from the summary and analysis of judicial data and typical cases, so as to make good use of unique procuratorial suggestions and deepen and implement theoretical guidance in practice.
➤ To deepen the theoretical research on "Procuratorial Big Data Strategy" - it is necessary to clarify and explain how "data" profoundly changes the procuratorial work in the new era. In the implementation of the big data procuratorial strategy, how to revitalize data resources and deepen the use of data, big data Legal supervision promotes the supervision of similar cases, the general model of litigation source governance, what are the basic rules and other theoretical issues that guide the innovative development of legal supervision work empowered by big data.
Source: Supreme People's Procuratorate
Editor: Qin Na
Proofreading: Yang Haoru
Review: Wang Chunhong
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