This year marks the 40th anniversary of reform and opening up, and the 40th anniversary of the restoration and reconstruction of the procuratorate. In order to review the glorious history of reform and opening up for 40 years, inspire prosecutors to work hard at a new historical starting point, and continue to promote various procuratorial work in the new era, our newspaper organized and published a series of special articles "Celebrating the 40th Anniversary of Reform and Opening Up and the 40th Anniversary of the Restoration and Reconstruction of the Procuratorate Organs". Please pay attention.
Celebrate the 40th anniversary of reform and opening up
and the 40th anniversary of the restoration and reconstruction of the procuratorate. Special report
Since the restoration and reconstruction of the procuratorate,
Historical experience and enlightenment of the reform of internal institutions
Historical experience and enlightenment of the reform of internal institutions
Deputy Secretary of the Party Group and Deputy Procurator General of the Supreme People's Procuratorate
Qiu Xueqiang
This year marks the 40th anniversary of reform and opening up and the 40th anniversary of the restoration and reconstruction of the procuratorate. Over the past 40 years, under the correct leadership of the Party Central Committee, with the vigorous development of the Party and the country, the people's procuratorate has been magnificent and vibrant, and has made historic progress, making important contributions to safeguarding the unity, dignity and authority of the country's legal system and ensuring the smooth progress of socialism with Chinese characteristics. The internal institutions of the procuratorate as the organizational carrier of the operation of procuratorial power are also manifestations of the internal configuration and management of procuratorial power. Their settings, operations, and mutual relations play a very important role in the operation of procuratorial power and the performance of procuratorial functions. Looking back over the past 40 years, the internal institutions of the procuratorate (this article only refers to internal business institutions) have been constantly changing in the historical process of comprehensively governing the country according to law, in response to the development and changes of situation and tasks, legal provisions and adjustments of procuratorial functions, becoming a "micro" of the development process of the people's procuratorial cause and the socialist procuratorial system with Chinese characteristics.
1. Development and evolution of internal institutions of the procuratorate
The establishment of internal institutions of the procuratorate in my country has gradually developed with the process of building the procuratorate system. In the early days of the founding of the People's Republic of China, according to the provisions of the "Trial Organization Regulations of the Supreme People's Procuratorate of the Central People's Government" in 1949, the internal institutions of my country's procuratorate were divided into three categories, namely leadership bodies, business bodies and comprehensive management bodies. At the same time, a standard for setting up internal business institutions based on procuratorial functions has also been formed, which has been used to this day. In September 1954, the first Organization Law of the People's Procuratorate was promulgated. In 1955, the Supreme People's Procuratorate established the General Supervision Office, the Investigation Office, the Investigation Office, the Judicial Supervision Office, and the OIOS of Labor Reform. During this period, except for the internal institutions that exercise the power of investigation, all other internal institutions were named after "supervision". After the resumption and reconstruction of the procuratorate in 1978, the internal institutions of the procuratorate further developed and roughly went through three stages.
Phase 1: In the 1980s, the internal organization setting model named after "procuratorial".
11978, the Constitution passed by the first session of the Fifth National People's Congress re-established the People's Procuratorate. In July 1979, the Second Session of the Fifth National People's Congress passed the Organization Law of the People's Procuratorate. Article 20 of the Law stipulates: "The Supreme People's Procuratorate has established procuratorial departments such as criminal, legal, supervisory, and economics, and may set up other business institutions as needed. Local people's procuratorates at all levels and special people's procuratorates may set up corresponding business institutions." Accordingly, the Supreme People's Procuratorate has established a Criminal Procuratorate, a Law, Discipline Procuratorate, a Prison Procuratorate, an Economic Procuratorate, and a petition department. In June 1982, in accordance with the requirements of streamlining the institutions, the Supreme People's Procuratorate's Law and Discipline Procuratorate merged with the Economic Procuratorate's Department to set up the Law and Discipline Economic Procuratorate.
In September 11983, Article 20 of the Organization Law of the People's Procuratorate was amended to "The Supreme People's Procuratorate shall establish several procuratorial departments and other business institutions as needed. Local people's procuratorates at all levels may establish corresponding procuratorial departments, sections and other business institutions respectively." The revised articles no longer list the specific names of the Procuratorate (Department and Section). On the one hand, it is because of the fact that the legal and discipline procuratorial departments and the economic procuratorial departments had merged before, and on the other hand, it also reserved space for the establishment of internal business institutions. Since 1985, in order to meet the needs of investigating and punishing tax-related crimes under the conditions of reform and opening up, people's procuratorates at all levels have successively established internal tax procuratorial agencies and dispatched a number of tax procuratorial offices to the tax department. In April 1987, the Department of Letters and Petitions of the Supreme People's Procuratorate changed to the Department of Complaints of the Procuratorate, which mainly accepts complaints and complaints from citizens in criminal cases to the procuratorate.In May of the same year, the National Railway Transport Procuratorate was abolished, and the Supreme People's Procuratorate established the Railway Transport Procuratorate. In 1988, the Department of Law, Discipline and Economic Procuratorate of the Supreme People's Procuratorate was re-organized into the Department of Economic Procuratorate and the Department of Law, Discipline and Procuratorate. In September of the same year, the Supreme People's Procuratorate established the Civil and Administrative Procuratorate. Some local procuratorates have established civil administrative procuratorial agencies. In 1989, the Economic Procuratorate Department of the Supreme People's Procuratorate was renamed the Corruption and Bribery Procuratorate.
At this point, the Supreme People's Procuratorate has established the Criminal Procuratorate Department, the Corruption and Bribery Procuratorate Department, the Law and Discipline Procuratorate Department, the Prison Procuratorate Department, the Civil and Administrative Procuratorate Department, the Accusation and Complaints Procuratorate Department, and the Railway Transport Procuratorate Department. Local people's procuratorates at all levels shall set up corresponding procuratorial departments and procuratorial departments. At this time, the internal institutions achieved complete unification of names, all named after "procuratorial", which was consistent with each other.
Phase 2: From the 1990s to 2012, an internal organizational setting model named after "diversity".
11995, the Supreme People's Procuratorate established the General Administration of Anti-Corruption and Bribery. In 1999, the Criminal Procuratorate Department of the Supreme People's Procuratorate was divided into the Department of Review and Approval and Prosecution, which started the separation of arrests and prosecutions of the procuratorate. In 2000, the Supreme People's Procuratorate established the Department of Prevention of Duty Crimes, and divided the Department of Accusation and Complaints Procuratorate into the Department of Accusation and Complaints Procuratorate and the Department of Criminal Complaints Procuratorate. The Department of Review and Approval and Procuratorate and the Department of Review and Prosecution were respectively renamed the Department of Investigation and Supervision and Prosecution, and the Department of Law and Discipline Procuratorate was renamed the Department of Death and Infringement of Rights. In June 2005, the Supreme People's Procuratorate issued a notice that the procuratorate agencies of the people's procuratorate at all levels in the localities were renamed the Anti-Death and Infringement Bureau. In September 2012, in order to meet the needs of legal supervision after the death penalty review is accepted into the Supreme People's Court, the Supreme People's Procuratorate established the Death Penalty Review Procuratorate.
At this point, the Supreme People's Procuratorate has established the Office of Investigation Supervision, the Public Prosecution Office, the General Administration of Anti-Corruption and Bribery, the Procuratorate of Death and Infringement, the Procuratorate of Prison, the Civil and Administrative Procuratorate, the Procuratorate of Accusation, the Procuratorate of Criminal Complaints, the Procuratorate of Railway Transportation, the Department of Official Crime Prevention, and the Procuratorate of Death Penalty Review. The internal organizational settings present a "diversified" model with "procuratorial", "supervision" and other names parallel.
Phase 3: Since 2013, the reform of internal institutions of the procuratorate with flattening and "large-department system" as its main characteristics has been continuously promoted.
Since the 18th National Congress of the Communist Party of China, under the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core, the political and legal front has adhered to the correct direction of reform, dared to tackle tough problems, marry dangerous shoals, and overcome difficulties, and has made reforms that have been thought about and talked about for many years but have not been achieved. In order to adapt to the full implementation of the requirements of the judicial responsibility system and cooperate with the reform of the national supervision system, the reform of the internal institutions of the procuratorate has been continuously promoted and important progress has been made.
In November 2014, the Supreme People's Procuratorate adjusted the investigation and prevention agency for duty crimes, integrated the former Anti-Corruption and Bribery Bureau, the Procuratorate of Debt and Infringement, and the Department of Official Crime Prevention, and established a new "Anti-Corruption and Bribery Bureau", strengthened direct investigation, command and coordination, business guidance, and strengthened front-line case handling forces. In January 2015, the Procuratorate of the Supreme People's Procuratorate was renamed the Criminal Execution Procuratorate. In December of the same year, the Office for Procuratorial Work of Minors (temporary department-level agency) was established. In February 2018, the General Administration of Anti-Corruption and Bribery of the Supreme People's Procuratorate completed the transfer.
In the process of judicial responsibility system reform, many local procuratorates have adhered to the combination of flat management and professional construction in accordance with the spirit of the central government, explored the reform of the "big department system", streamlined internal institutions, and highlighted the prosecutor's main position in handling cases. In August 2016, on the basis of summarizing the useful experience of internal institutions reform in various places, the Supreme People's Procuratorate issued the "Pilot Plan for Internal Institution Reform of People's Procuratorates Below the Provincial People's Procuratorate", which regulates and guides the establishment of internal institutions. By the end of 2017, a total of 1,854 procuratorates across the country have carried out internal institutions reforms, and internal institutions have been greatly streamlined. More than 85% of the human resources of grassroots procuratorates have been allocated to the front line of case handling, and the case handling force has increased by more than 20%.
2. Experience and enlightenment of the reform of internal institutions of the procuratorate
Internal institutions of the procuratorate are closely related to the procuratorial system and the procuratorial cause. Over the past 40 years, in serving the overall national political, economic and social development, the internal institutions of the procuratorate have been continuously reformed and developed.Although the specific content, specific requirements and specific tasks of each internal organization reform are different, the fundamental goals and internal laws are consistent, and precious experience has been accumulated.
(I) Always promote internal institutions reform around the needs of the cause of the Party and the people. Procuratorial work is an important part of the overall work of the Party and the country, and obedience and serving the overall situation is the political responsibility of the procuratorate. Internal institutions assume specific procuratorial powers and are an important organizational guarantee for procuratorial work. Of course, they must also conform to the needs of the development of the Party and the people. Looking back on the past 40 years, in various historical periods, the new requirements of the Party and the people for procuratorial work are the new focus of procuratorial work. Correspondingly, the internal institutions of procuratorial organs in this field will be created, strengthened or cancelled.
Take the setting of anti-corruption investigation agencies as an example. After the reform and opening up, social productivity has increased rapidly and the national economy has flourished. However, serious criminal activities such as smuggling, corruption and bribery, speculation and fraud, and theft of state and collective property in the economic field have increased significantly, and a few areas are still quite rampant. In order to adapt to the new situation, the Supreme People's Procuratorate adjusted its work arrangements in 1985 and proposed to crack down on serious economic crimes as its main task while not relaxing its crackdown on criminal crimes. In March 1988, the Economic Crime Reporting Center of the Shenzhen Procuratorate of Guangdong Province was unveiled. This is the first reporting center of the procuratorate in the country, and it is also a useful exploration to rely on the power of the masses to combat economic crimes. In the fourth quarter of 1988, the Supreme People's Procuratorate further adjusted its deployment and regarded the punishment of corruption and bribery as the first priority in combating economic crimes. In August 1989, the first anti-corruption and bribery bureau of the national procuratorate was established in the Guangdong Provincial Procuratorate. The Supreme People's Procuratorate promoted this experience and received support from the Party Central Committee, the Standing Committee of the National People's Congress and the State Council. Procurator General Liu Fuzhi further summarized in his first session of the Eighth National People's Congress in March 1993: "The vast majority of provincial procuratorates and some municipal and county procuratorates in the country have successively established anti-corruption and bribery bureaus on the basis of the original economic procuratorate. Establishing anti-corruption and bribery bureaus in the procuratorate will help strengthen legal supervision of corruption and bribery crimes occurring among state staff. This is an important organizational measure taken to address the long-term and complexity of the fight against corruption and bribery crimes, and it is also a concrete manifestation of the implementation of legal supervision." This can also be partially confirmed from the case handling data at that time. From 1987 to 1991, the number of cases filed by procuratorates nationwide handled self-investigation cases each year was: 43,937 cases; 46,182 cases; 92,730 cases; 88,594 cases; and 85,621 cases. The number of cases handled increased significantly in 1989 (the Anti-Corruption and Bribery Bureau was established in procuratorates at all levels). By the time the Criminal Procedure Law was revised in 1996, it was unanimously stabilized at about 80,000 cases per year. This is closely related to the general establishment of the Anti-Corruption and Bribery Bureau during this period.
In October 2016, in order to uphold and strengthen the Party’s centralized and unified leadership over anti-corruption work, the Sixth Plenary Session of the 18th CPC Central Committee decided to deepen the reform of the national supervision system, integrate the anti-corruption work force, establish a centralized, unified, authoritative and efficient supervision system, and achieve full coverage of supervision of public officials exercising public power. This is a major political system reform made by the Party Central Committee with Comrade Xi Jinping as the core, a major adjustment to the political system, political power, and political relations, and a major measure to promote the modernization of the national governance system and governance capabilities. Procuratorates at all levels across the country resolutely implemented the decisions and deployments of the Party Central Committee. By February 2018, the functions, institutions and 44,151 prosecutors of the anti-corruption, anti-malpractice and prevention departments of the four-level procuratorates will be transferred on time. The Anti-Corruption Bureau of the Supreme People's Procuratorate established the Economic Procuratorate in 1979, changed its name to the Corruption and Bribery Procuratorate in 1989, and officially listed the Anti-Corruption and Bribery Administration in 1995, and integrated and formed a new Anti-Corruption and Bribery Administration in 2015, and then transferred to the National Supervisory Commission in February 2018, in the past 40 years, no matter how the name of the organization changes and how the scope of functions are adjusted, it is the result of the attention and care of the Party Central Committee and is an inevitable requirement to obey and serve the overall anti-corruption work of the Party Central Committee.
(II) Always promote internal institutions reform around the internal mechanism of the operation of procuratorial power. internal institutions are not only the result and organizational form of decomposition of prosecutorial power, but also the administrative combination of prosecutors' exercise of prosecutorial power. The different logics of internal institutions reflect different theoretical understandings of the classification and operation of procuratorial powers. The internal institutions under this understanding will lead to different ways of operating the procuratorial powers, which will affect whether the legal supervision responsibilities can be fully, balanced and fully fulfilled. The development and improvement of the socialist procuratorial system with Chinese characteristics has its stage and long-term nature. In different periods, due to the influence of many factors, the focus of the internal organization setting is sometimes different. For example, in the 1980s, the internal powers between the investigation and the decision to arrest and prosecution of the procuratorate were combined, and the economic procuratorate and the legal and discipline procuratorate departments "took the whole thing to the end" in the cases they investigated. Until 1989, the investigation departments of procuratorates at all levels no longer decided to arrest and prosecute on their own, achieving a strict distinction between the internal investigation functions of the procuratorate and the non-investigation functions, and reflecting the improvement of the internal constraint mechanism.
For example, at the turn of the century, under the guidance of the principle of separation of functions and strengthening internal supervision and constraints, the criminal prosecution department was divided into investigation supervision department and public prosecution department, and the arrest and prosecution department began to be separated. This is the decomposition of prosecutorial power. The internal organizational setting itself contains functional separation and internal supervision. The degree and effect of this separation of functions and internal supervision are needed to conduct a comprehensive evaluation with dialectical and historical thinking, and grasp various factors such as quality and efficiency, internal supervision and external supervision, judicial responsibility system, professional quality and ability improvement, and connection with relevant agencies.
For example, in the exploration of institutional reform, some local procuratorates emphasize the separation of litigation functions and litigation supervision functions, which may lead to the conclusion that litigation supervision departments are set up separately in terms of internal institutional settings. What reflects the different understanding of the relationship between case handling and supervision. In fact, the performance of various legal supervision responsibilities must be carried out throughout the procuratorial case handling, which means supervising and handling cases in the case handling. Leaving the case handling, legal supervision is like water without a source and castles in the air, and cannot be landed. Case handling is the basis, and supervision is also to promote and support case handling in accordance with the law, correct, high-quality and efficient. Supervision must be integrated into case handling, and case handling must be regarded as the process and basic means of supervision and fulfillment of responsibilities.
(III) Always promote the reform of internal institutions around the development and improvement of the socialist procuratorial system with Chinese characteristics. The socialist procuratorial system with Chinese characteristics has distinct political and people-oriented nature. The organizational structure, allocation of powers, operation methods and guarantee mechanisms of procuratorial organs, etc., must adaptive adjustments be made with the deepening of the comprehensive rule of law and the reform of the national supervision system and the advancement of judicial system reform. This adjustment is not only an important aspect of adapting to the overall situation of the Party and the country, but also an important aspect of the development and improvement of the socialist procuratorial system with Chinese characteristics.
For example, the adjustment of authority allocation brings changes to internal institutions. In the mid-1980s, the tax procuratorate agencies and the tax procuratorate stationed in the tax department that need to be established to investigate and deal with tax-related crimes were abolished with the adjustments made to the jurisdiction of criminal cases by the Criminal Procedure Law of 1996, and the personnel of the tax procuratorate were in principle incorporated into the anti-corruption and bribery department.
For example, the adjustment of the scope of responsibility brings about changes in the name of the internal organization. This change means "name and reality are consistent", which reflects a more comprehensive and accurate understanding of the essential connotation of the business. Take the prison procuratorate as an example. Prison procuratorate is a "traditional" procuratorial business carried out by the procuratorate of New China since its inception. The procuratorate established a prison procuratorate department since the restoration and reconstruction. The reason why the name "prison procuratorate" was mainly considered that the main responsibility of this department was to implement legal supervision of the execution of penalties and supervision activities in prisons, detention centers and other supervision sites. This title has been used for more than 30 years.With the development of my country's economy, society and rule of law construction, especially the implementation of the Criminal Procedure Law after revision in 2012 and the abolition of the labor education system in 2013, the responsibilities undertaken by the prison procuratorate department have undergone important changes. On the basis of the original responsibilities, the responsibilities of the execution of death penalty, community correction supervision, property punishment execution supervision, designated residence surveillance supervision, necessity review of detention, and compulsory medical execution supervision have been added, and the scope of supervision has been expanded to the entire criminal execution activity. If the "Prison Office Procuratorate" continues to be used as the name of the internal organization, it will not accurately reflect the nature of the work and will not cover the scope of responsibility. With the approval of the Central Organization Department, the name "criminal execution prosecution" was changed to reflect the consistency and statutory nature of department names and responsibilities. This is not just a simple change in titles, but an adjustment to the layout of criminal execution procuratorial work under the new situation, but also a major change in work responsibilities, working methods, and work concepts. In the final analysis, it is a new development and improvement of the socialist procuratorial system with Chinese characteristics.
3. Adapt to new era, new tasks and new requirements, and use internal institutions reform as a breakthrough to promote the innovative development of procuratorial work in the new era
The Third Plenary Session of the 19th Central Committee of the Communist Party of China clearly proposed to "promote internal institutions reform of courts and procuratorates." This is a major deployment of the Party Central Committee to deepen the comprehensive rule of law and promote judicial system reform, and a major decision made from the overall strategic situation of the reform of the Party and state institutions. The Organization Law of the People's Procuratorate, revised at the Sixth Session of the Standing Committee of the 13th National People's Congress, clearly stipulates that the People's Procuratorate shall establish necessary business institutions according to the needs of the procuratorial work; municipal people's procuratorates and grassroots people's procuratorates with fewer procuratorial officials may establish comprehensive business institutions. This has pointed out the direction for the new round of reform of internal institutions of the procuratorate. After the new Supreme People's Procuratorate Party Group took over the baton of the procuratorial cause, it insisted on taking Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era as the guidance, accurately grasped the new era and historical coordinates of procuratorial work, and regarded internal institutional reform as the entry point and breakthrough point for the innovative development of procuratorial work in the new era, and implemented new ideas, new concepts and new measures for procuratorial work in the new era in institutional reform. This internal organization reform is a "comprehensive reshaping" based on inheriting the past and continuing the past and opening up the future. We must adhere to the following principles:
First, adhere to the absolute leadership of the Party. Upholding the leadership of the Party is the most fundamental political principle for us to do a good job in procuratorial work, including promoting the reform of internal institutions. The purpose of the reform of internal institutions of the procuratorate is to give full play to the greatest institutional advantages of the Party’s leadership from the perspective of institutional arrangements, and to improve the organizational structure and functional allocation, the Party’s leadership will be integrated into all aspects and the entire process of procuratorial work, to ensure that all decisions and arrangements of the Party Central Committee can be better implemented in the procuratorial process, to better safeguard General Secretary Xi Jinping’s core position, and to better safeguard the authority and centralized and unified leadership of the Party Central Committee with Comrade Xi Jinping as the core.
The second is to adhere to the people-centered approach. Socialism with Chinese characteristics has entered a new era, and the people's higher demand for democracy, the rule of law, fairness, justice, security, and the environment are not only reflected in criminal cases, but also in civil cases. In recent years, the civil complaints and petition cases accepted by the procuratorate have continued to operate at a high level, exceeding the number of criminal complaints and petition cases, and the proportion of the total number of petition cases has increased significantly. Influenced by the concept of "severe punishment and neglecting the civilian", there are obvious "shortcomings" in the establishment of civil and administrative procuratorial institutions and staffing. Taking the Supreme People's Procuratorate as an example, the criminal procuratorate has 5 departments and a staffing 142 people; while the three major responsibilities of civil procuratorial, administrative procuratorial, and public interest litigation procuratorial are combined, with only one department and a staffing 32 people. Starting from better meeting the people's judicial needs for safeguarding public interests, protecting legitimate rights and interests, and realizing fairness and justice, the Supreme People's Procuratorate plans to set up civil procuratorial and administrative procuratorial institutions and add public interest litigation procuratorial institutions. The procuratorates at the provincial and municipal levels must set up civil, administrative, and public interest litigation procuratorates or case handling groups depending on the circumstances, and the grassroots procuratorates shall determine a special case handling group or person to be responsible.On July 6, 2018, General Secretary Xi Jinping presided over the third meeting of the Central Committee for Comprehensively Deepening Reforms and reviewed and passed the "Plan on Establishing the Public Interest Litigation Procuratorate of the Supreme People's Procuratorate", which provided an important opportunity for accelerating the reform of internal institutions of the procuratorate.
Third, we must highlight professional construction. The new era puts forward new and higher requirements on the professional quality and professional ability of prosecutors. The separation of arrest and prosecution has played a good role in improving the professional level of investigation and supervision and public prosecution work, and strengthening internal supervision of the procuratorate. However, with the deepening of practice, the separation of arrest and prosecution directly affects the professionalization of criminal prosecution. We set up investigation supervision and prosecution departments according to the case link, while public security organs and people's courts mainly set up internal institutions according to the type of crime, which has obvious advantages in professional construction. Moreover, the problem of separating arrest and prosecution affecting judicial efficiency is becoming increasingly prominent, and it directly leads to the increasingly unbalanced work of the public prosecution department and the work of the investigation and supervision department. Based on sufficient research and demonstration, the Party Group of the Supreme People's Procuratorate proposed to integrate the arrest and prosecution departments, establish a professional criminal case handling agency according to the type of case, and at the same time implement a unified case handling mechanism. A type of criminal case is responsible for one institution, a case handling team, and a head prosecutor, and uniformly perform the functions of reviewing arrests, reviewing prosecutions, supplementary investigations, supporting public prosecutions, litigation supervision, etc. Through such a setting, we can effectively improve the professional level of prosecutors' case handling and improve the quality and efficiency of case handling.
Fourth, we must adhere to the principle of standardization and unity. The procuratorate is a superior and subordinate leadership relationship, and implements the same substantive law and procedural law. However, with the reform and exploration in various places in recent years, the differences in the internal institutions of the upper and lower, left and right are becoming increasingly different, and the logic of the internal institutions of the same procuratorate is not entirely consistent, which can be described as "various". In response to this prominent issue, it is necessary to coordinate the reform of internal institutions of the four-level procuratorate, uniformly standardize institutional settings based on functional positioning, and standardize the responsibilities, quantity and name settings of internal institutions. The organizational structure of local procuratorates is the same as that of the Supreme People's Procuratorate. In principle, the main business departments of provincial and municipal courts are set up correspondingly with the superior courts, but they are not absolutely consistent. The internal institutions of the procuratorate below the provincial level are generally called "departments", and the number must be set up in accordance with relevant central regulations. Through this standardization, we will effectively implement the leadership relationship between the upper and lower procuratorates, ensure the smooth operation of procuratorial power, form an overall synergy for legal supervision, and improve the level of legal supervision in procuratorates in the new era.
Fifth, we must adhere to the principle of optimization, collaboration and efficiency. implements the requirement that "one department shall in principle coordinate one type of matter, and one department shall in principle be responsible for one thing", and scientifically set up internal institutions to make the entire procuratorial power operate efficiently and orderly. For the procuratorate, based on the characteristics of judicial case handling, it is necessary to effectively reduce the management level of internal institutions and establish a flat judicial case handling model that highlights the main position of prosecutors in handling cases. While optimizing internal institutions, we must pay attention to strengthening the construction of professional case handling organizations. The criminal procuratorate department sets up professional case handling teams based on case types. Civil, administrative, and public interest litigation procuratorates can set up professional case handling teams such as finance, intellectual property rights, and environmental protection as needed. Case handling teams should be set up according to judicial case handling needs. Grassroots procuratorates with a small number of people can only have one or two business institutions, but set up professional case handling organizations within the institution; or do not have business institutions, and perform corresponding duties in the form of a case handling organization of a single prosecutor or a prosecutor's case handling team.
Practice is the only criterion for testing truth. How to set up internal institutions of the procuratorate depends on the actual needs of the cause of the Party and the people, and on the actual needs of performing legal supervision functions. This is a profound inspiration for the development and changes of the internal institutions of the procuratorate in the past 40 years of restoration and reconstruction. To promote the reform of internal institutions of the procuratorate in the new era, we should follow historical experience, follow judicial laws, scientifically set internal institutions, and reasonably allocate judicial resources, so that all functions assigned by the law can be fully and effectively performed, and provide better legal supervision services for my country's economic and social development, so that the people have more and more practical sense of gain, happiness and security.
New Media Production of Yunnan Provincial Procuratorate
Editing in this issue丨Tian Hao
Planning | Wang Weiyun He Yun
Producer | Xiao Fengzhen
Source | Procuratorial Daily WeChat public account
Contact (submission) Email | 2202399734@qq.com
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