"New chapter in the Procuratorial Career" series of commentaries 4:
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History faithfully records the marks of the procuratorate passing by.
From the establishment of the Supreme People's Procuratorate to the establishment of the constitutional status of the people's procuratorate system, from the heavy blows caused by the "Cultural Revolution" to the restoration and reconstruction of the procuratorate, from the adjustment of procuratorial functions to the transformation into a turning point... In the past 70 years of vicissitudes and changes, the procuratorate has always interpreted its original mission in its own way.
was born in a revolutionary era of war and served the overall work of the Party and the country in various historical periods. For 70 years, the procuratorate has insisted on case handling as the center, fully exerted the legal supervision function, and strived to let the people feel fairness and justice in every judicial case.
centers on case handling and serves the overall work of the Party and the country
"In September 1950, the Public Security Bureau of the Beijing Municipal People's Government investigated the crimes of US government spies Li Andong and Yamaguchi Takaichi and others engaged in major conspiracy and armed riots. On September 26 of the same year, he first arrested Li Andong and Yamaguchi Takaichi and others, and found a large number of evidence of arms and weapons, intelligence and other crimes..."
On August 17, 1951, in the Military Law Department of the Beijing Military Control Commission of the People's Liberation Army of China, the case of US spies Li Andong and seven others was tried here. As the prosecutor, Luo Ruiqing, the Procurator General of the Beijing People's Procuratorate, read out the indictment.
, a 24-page indictment, lists a large number of criminal facts by Lee Andong and others. The Military Law Department of the Beijing Military Control Commission of the People's Liberation Army of China made a verdict on the case, and the main culprits Li Andong and Yamaguchi Takaichi were sentenced to death.
successfully handled this sensational US espionage case. It is a microcosm of the procuratorate's focus on case handling, exercising its procuratorial functions and consolidating the new national regime in the early days of the founding of the People's Republic of China.
Looking back at history, we find that in different historical periods of New China, procuratorial work, as an important part of the overall work of the Party Central Committee, has always been closely linked to economic and social development, always insisting on case handling as the center, consciously acting in the overall situation, and shouldering the responsibility of the procuratorate.
- Play the procuratorial function and defend the new national regime. After the founding of New China, the procuratorate in the stage of creation played its procuratorial functions and devoted itself to the "Suppression of Resistance" movement, participated in the review of cases, and prosecuted major crimes. According to incomplete statistics, in the entire "anti-revolutionary" movement, there were about 200,000 counter-revolutionary cases prosecuted and handled by the procuratorate. Procuratorates in various places have also participated in the "Three Antis" and "Five Antis" movement, and regard prosecutors' corruption cases prosecuting state staff and economic crime cases of illegal capitalists as an important task.
——Actively perform duties and serve socialist modernization construction. During the initial period of reform and opening up, the whole country was brought about the chaos, and procuratorial organs at all levels actively participated in the work of rehabilitating unjust, false and wrong cases; the Supreme People's Procuratorate formed the Public Prosecution of Lin Biao and Jiang Qing's counter-revolutionary group of the Special Procuratorate, safeguarding the dignity of the socialist rule of law; fully participating in the "severe crackdown" struggle, enhancing the people's sense of security; during the period of reform, opening up and development, the procuratorate organs severely punished serious criminal activities in the economic field in accordance with the deployment of the Party Central Committee, and provided legal guarantees for the smooth progress of economic system reform.
- Entering a new era, the procuratorate actively serves and guarantees the implementation of the "five-in-one" overall layout and the "four-in-one" strategic layout. We will invest in the special campaign to crack down on gangs and eliminate evil, and crack down on gangs and evil forces and their "protective umbrellas"; serve to fight the three major tough battles and severely punish criminal crimes in related fields; safeguard food and drug safety, deploy special actions, and the Supreme People's Procuratorate will supervise the case of the Changsheng Company's problematic vaccine, and other cases that have attracted social attention; reprint and release guiding cases to explain the law through cases, providing a vivid example for procuratorial case handling.
Typical cases and vivid practices, the procuratorate faithfully performs its legal supervision duties and contributes its procuratorial strength to the construction of a rule of law China.
Leading cadres take the lead in handling cases and give full play to the leading goose effect
Comprehensively governing the country according to law, leading cadres are the key.General Secretary Xi Jinping emphasized: "Leading cadres should be models of respecting, learning, abiding by and using the law, and drive the whole party and the whole country to work together to continuously see new achievements in building a socialist legal system with Chinese characteristics and building a socialist country ruled by law."
hour hand turned back to February 10, 1952, Baoding, Hebei.
On this day, the corruption case of Liu Qingshan and Zhang Zishan was heard here, and more than 20,000 people attended the public trial meeting.
This is the first case of a corruption case of a senior official in the Republic. The Hebei Provincial People's Procuratorate Office formed a joint investigation team headed by Sun Guangrui, the procurator general of the provincial procuratorate office, to find out the corruption crimes of the two. After the Hebei Provincial People's Procuratorate's Office filed a public prosecution, Liu Qingshan and Zhang Zishan were finally sentenced to death and executed immediately.
66 years later, Chengdu thousands of miles away. Feng Jian, the procurator general of the Sichuan Provincial Procuratorate, appeared in court for the second instance court in which the major drug trafficking and transporting cases was held. Wang Shujiang, president of the provincial High Court, served as the presiding judge. This is the first time that the "two chiefs" of the provincial judicial and procuratorial department performed their duties in the same court. "The quality of the trial is very high, demonstrating the high quality of the trial and the handling of case by the Supreme Court and the Grand Prosecutor." Geng Funeng, a member of the National People's Congress and chairman of Good Doctors Pharmaceutical Group, said after attending the trial.
The biggest practice of procuratorial work is case handling. The procurator general takes the lead in handling cases, which is vividly reflected in the work report of the Supreme People's Procuratorate.
"Prosecutors at all levels take the lead in handling cases and take the lead in investigating major cases." On March 29, 1989, when Liu Fuzhi, then the Procurator General of the Supreme People's Procuratorate, reported that prosecutors at all levels take the lead in handling cases is one of the several tasks that procuratorates at all levels focus on.
"Adhere to the procurator general take the lead in handling cases, increase the responsibilities of superior procuratorates, and the subordinates investigate and deal with superiors who have difficulties, investigate and investigate each level, implement each case at each level." On March 12, 1996, at the Fourth Session of the Eighth National People's Congress, similar statements appeared in the Supreme People's Procuratorate Work Report delivered by Zhang Siqing, the successor procurator general.
has entered a new era. Faced with new situations, new situations and new problems, the Supreme People's Procuratorate has made clearer and more in-depth arrangements for leading cadres to take the lead in handling cases, and has advocated and demonstrated leading cadres to take the lead in handling cases, which has had a profound impact on the procuratorate nationwide.
——Seriously implement the system of the Procurator General attending the meetings of the courts at the same level and jointly maintaining judicial justice. On June 11, 2018, Zhang Jun, the Supreme People's Procuratorate General, attended the meeting of the Supreme People's Court's Judicial Committee for the first time and expressed his appeal opinions on Qi's rape and molestation of children. In the end, the Supreme People's Court adopted all the appeal opinions of the Supreme People's Procuratorate and sentenced Qi to life imprisonment. Under the leadership of the Supreme People's Procuratorate, the procurator generals of the procuratorate in various places actively implemented the system of procurator general attending the court review committee meeting. In 2018, procurator generals and deputy procurator generals at all levels attended 8,713 people, and all procurator generals of provincial procuratorates attended the first time.
- The Procurator General takes the lead in reviewing the case, so that justice can be implemented for the people in every specific case. In March 2019, Procurator General Zhang Jun conducted an investigation in the Procuratorate of Ganzhou City, Ruijin City and Yudu County, Jiangxi Province. The research team reviewed the case files on the spot and pointed out the problems directly. Just a few days later, several procuratorates studied rectification plans for the problems raised by the research team and listed rectification measures.
——The national fourth-level prosecutor general takes the lead in handling cases is becoming the norm. In 2018, the procurator generals of 31 provincial procuratorates across the country handled a total of 705 cases. The cases directly handled by the procurator generals of each provincial procuratorate covered the "four major procuratorates", and most of them handled major, difficult and complex cases. In April this year, the Supreme People's Procuratorate issued the "Opinions on Issues Related to Handling Cases by Procurator General, Deputy Procurator General, and Full-time Members of the Procuratorate Committee", which made further specific provisions on the handling of cases by leading cadres.
, one level leads one level and one level dos for one level to see. Procuratorial generals of procuratorates at all levels take the lead in handling cases and strive to promote the new development of the procuratorial cause in the new era.
Optimize and innovate procuratorial supervision methods, promote the development of procuratorial work in the new era
70 years of magnificent, and innovation is the melody of the continuous progress of the procuratorate.
has entered a new era, and the people have new requirements of richer connotations and higher levels in terms of democracy, the rule of law, fairness, justice, security, and the environment.In the face of new requirements, how can the procuratorate make the sense of gain brought to the people more fulfilling, the sense of happiness brought to the people more secure, and the sense of security brought to the people more sustainable?
never stagnates, never slackens. Actions tell you everything.
On April 29, 2019, Yangzhou Guangjin Shipping Co., Ltd., which occupied the Yangtze River Wetland for 11 years, was demolished by the riverside of Rentan Village, Guangling District, Yangzhou City, Jiangsu Province.
As the head of the case handling team, Wang Junzi, the procurator general of Guangling District Procuratorate, sent pre-trial procuratorial recommendations to four other units including Shatou Town Government, suggesting that all units perform their duties in accordance with the law, ban and demolish Guangjin Shipping Industry, and carry out ecological restoration of the damage caused. With the efforts of Wang Junzi and other case handlers, the Standing Committee of the Guangling District People's Congress also passed the "Resolution on Strengthening Procuratorial Recommendations Work".
"Prefer to the goal of safeguarding public welfare before trial as the best state." At the Second Session of the 13th National People's Congress, Procurator General Zhang Jun said this when delivering the work report of the Supreme People's Procuratorate.
Litigation is not the purpose. It is the real goal of the procuratorate to help relevant departments jointly solve public welfare problems, achieve win-win and win-win results, and provide the people with better legal products and procuratorial products. Following this goal, the procuratorate has continuously explored and optimized and innovated procuratorial supervision methods:
conducts a "look back" in public interest litigation, and tracks the implementation of procuratorial suggestions;
delivers procuratorial suggestions with great difficulty and influence in person in person, and strives to actively cooperate with the recommended units to make the procuratorial suggestions rigid and rigid;
starts with handling cases, but not only does it last. In-depth analysis of the tendency problems and management loopholes reflected in the case, so as to handle one case and manage one area.
In order to enhance the overall effectiveness of legal supervision by the procuratorate, in May 2018, the Supreme People's Procuratorate deployed pilot work for prison circuit inspections in some provinces (autonomous regions and municipalities) across the country. Prison procuratorate ushered in a major reform of "station" to "station + dispatch".
dares to take risks and try, and the procuratorate has accumulated experience through continuous exploration.
Hubei has built a three-level inspection model for daily inspection, cross-circuit inspection, and provincial court inspection. Sichuan highlights the "judicial case handling" work center and strengthens the handling of illegal act supervision cases in criminal execution activities... "Oriented inspection is a major innovation related to supervision concepts, supervision methods, supervision content and case handling methods, and a major innovation in the socialist procuratorial system with Chinese characteristics." The media commented this.
innovation is also reflected in the work philosophy centered on case handling.
"Supervise in case handling and handle cases in supervision." Pay more attention and more consciously integrate criminal litigation supervision into arrest and prosecution work, and improve the quality and efficiency of case handling and supervision in an integrated manner.
"One case is better than a dozen documents." Starting from the second half of 2018, the guiding cases released by the Supreme People's Procuratorate were "newly revised". The guiding cases after the "revised version" have undergone major adjustments in the format and initiation ideas, and have added "accusation and proof of crime" to the content of the system, recreating the process of the procuratorate organs organizing and using evidence to accuse and proof of crimes, revealing the essential characteristics of criminal behavior. In April this year, the Supreme People's Procuratorate revised the regulations on case guidance work, further standardized and improved the subject, conditions, and solicitation and selection procedures of guiding cases, give full play to the exemplary and leading role of guiding cases in procuratorial case handling work, and promote strict and fair justice in the procuratorial organs.
is in a new historical position. The procuratorate will continue to adhere to the case-centered approach to strengthen legal supervision in the new era, continue to update the concept of procuratorial supervision, gather more magnificent power for the construction of a rule of law China with solid measures, and present a gift to the 70th anniversary of the New China with better results.
New Media Procuratorate
Text | Baiou
Pictures | Source from the Internet
Editing in this issue | Yuqing
Planning | Wang Cuiyun Yang Jianhong
Producer | Xiao Fengzhen
Source | Procuratorial Daily
Contact (submission) Email | [email protected]
