Comments on the "New Chapter of Procuratorial Care" series of celebrating the 70th anniversary of the founding of New China
70 years are not long in the long history, but it is extremely important for New China: a great country ushered in a great leap from standing up, getting rich to becoming strong; hundreds of millions of people have got rid of poverty, backwardness, and closure, and have strided towards a new journey of democracy and rule of law.
70 years have been magnificent, and the People's Procuratorate, who has been moving forward with the mother of the Republic, has taken firm steps, overcome all obstacles, and has written a magnificent chapter of performing duties in accordance with the law and protecting justice. Over the past 70 years, the procuratorial philosophy that keeps pace with the times has guided the scientific development of procuratorial work and maintained vitality.
Looking back at history - Follow the Party Central Committee's line, principles, policies and baton
Thoughts are the forerunner of action, and ideas are the guide to practice.
1949 In the early days of the founding of New China, class contradictions were superimposed, the situation of the anti-secession struggle was grim, and all national construction projects were in destruction. At this time, in combination with the procuratorial functions, implementing the Party and the state's policies and policies was the fundamental concept of the early days of the establishment of the procuratorial organs. The criminal policy of "combining punishment and leniency" and "implementing dictatorship on the enemy and implementing democracy on the people" have played an important role in guiding procuratorial work.
From the end of 1951 to October 1952, in order to eliminate the corruption "borerworms" hidden among the staff of party and government organs, the Party Central Committee launched the "Three Antis" and "Five Antis" movement across the country. Procuratorates in various places actively participate in it, and regard handling cases of corruption by state officials and economic crimes by illegal capitalists as an important task.
In handling the "first anti-corruption case in New China" - the corruption case of Liu Qingshan and Zhang Zishan, the People's Procuratorate of Hebei Province, under the leadership of the local party committee and government, formed a joint investigation team headed by Prosecutor General Sun Guangrui, to investigate the corruption crimes of the two. Liu Qingshan, who was then the secretary of the Tianjin Prefectural Committee, and Zhang Zishan, the specialist of the Prefectural Committee, used his power to smuggle the airport's construction funds, flood relief funds, river work funds, relief grain for cadres' families, and defraud bank loans, which was equivalent to as much as 17.1 billion yuan in old coins. In the end, Liu Qingshan and Zhang Zishan were sentenced to death. The successful investigation and punishment of this case has played an important role in strictly enforcing national laws and regulations, educating state staff, and promoting the in-depth development of the national "Three Antis" and "Five Antis" struggles.
With the implementation of the "First Five-Year Plan" in 1953, my country entered a period of socialist transformation and planned economic construction, and serving and ensuring economic construction and combating crimes became the focus of the procuratorial work at that time.
In the spring of 1956, the Supreme People's Procuratorate held the third procuratorial work meeting. The meeting proposed to build up various business operations in handling criminal cases so as to conduct systematic legal supervision of the entire handling process of criminal cases - from arresting criminal offenders, prosecution and trials to the execution of judgments. At this stage, cracking down on current counter-revolutionary activities and other criminal activities was the main task of procuratorial work at that time.
The Sixth Procuratorial Work Conference held in November 1962 proposed to do a solid job in procuratorial work. At this time, the state institutional system of "one government and two courts" was basically established; the procuratorate gradually played a role in punishing crimes and maintaining the unity of the national legal system; the procuratorate and team had great development.
1966, the "Cultural Revolution" broke out, the Party and the country suffered the most serious setbacks and losses since the founding of the country, the socialist legal system, especially the procuratorial system, suffered unprecedented disasters, and the people's procuratorial system was once interrupted.
1978, the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China embarked on the great journey of reform and opening up and socialist modernization, and sounded the clarion call for improving socialist democracy and legal system. After the procuratorate was restored and rebuilt, the word "severe crackdown" appeared more frequently in the early work report of the Supreme People's Procuratorate. It is not difficult to find that at that time, the procuratorate insisted on the working principle of being ruthless and quick in accordance with the law, which was consistent with the severe situation facing my country's social security at that time.
With the obvious improvement of social security, heartwarming words such as "service", "guarantee", and "improvement" have appeared more and more in the work report of the Supreme People's Procuratorate:
1999, adhered to the guiding ideology of serving the overall work of the Party and the country, and strived to create a good legal environment for the reform and development of state-owned enterprises.Procuratorates at all levels regard protecting and promoting the reform and development of state-owned enterprises in accordance with the law as an important task to serve the overall situation, and run through all aspects of procuratorial work.
2003, prosecution of guilt, protection of innocence, strict law, objective and fairness are the basic principles adhered to by the procuratorate in litigation supervision. Procuratorates at all levels have carried out special supervision activities in a timely manner in response to problems such as lax law enforcement and judicial injustice that the people have strongly reflected, which have enhanced the supervision effect.
In 2011, focusing on the main goals and tasks of my country's economic and social development during the 12th Five-Year Plan period, further improved and implemented measures to serve the overall situation, based on the procuratorial function, and provided judicial guarantees for maintaining stable and rapid economic development and achieving a good start in the 12th Five-Year Plan period.
In 2014, focusing on major issues concerning reform, development and stability and people's interests, the Supreme People's Procuratorate formulated and implemented 28 opinions serving the comprehensive deepening of reform.
In 2016, the Supreme People's Procuratorate formulated the "20 Opinions" to serve the construction of a healthy China, punished medical crimes in accordance with the law, and maintained medical order...
These measures and actions are important witnesses for the implementation of the judicial concept of the procuratorate and guided practice, and are also an active response to the strategic deployment of the Party Central Committee at that time.
"Twelve Words" general requirements - Leiming Procuratorial New Journey marching drum
The wind is rising and the clouds are surging, and the concept is new and the world is wide. The report of the 19th National Congress of the Communist Party of China proposed a new historical orientation for China's development - socialism with Chinese characteristics has entered a new era. How should procuratorial work be planned in the new era? Where is the new driving force for procuratorial work? This is a major issue that concerns the overall situation of the procuratorial cause.
At the national video conference on studying and implementing the spirit of the Two Sessions held on March 27, 2018, the procuratorate gave a loud answer: the new Supreme People's Procuratorate Party Group clearly put forward the overall requirements for procuratorial work in the new era of "being politically conscious, taking the overall situation into consideration, seeking development, and valuing self-improvement."
On April 18, 2018, Zhang Jun, Secretary of the Party Group and Procurator General of the Supreme People's Procuratorate, gave a profound explanation of the overall requirements of the "twelve characters" when he was having a discussion with procuratorial police officers at the third-level procuratorate in Hubei Province. The so-called political talk means that procuratorial organs at all levels must implement the spirit of the 19th National Congress of the Communist Party of China and Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era in procuratorial work; the so-called taking the overall situation into consideration means that everything cannot be discussed from its own perspective, and must be fully Use political wisdom and legal wisdom to carry out legal supervision work; the so-called development means to deepen judicial reform and adjust internal institutions of the procuratorate, all of which must focus on the development of the procuratorial cause; the so-called emphasis on self-improvement means to build a procuratorial team that adapts to the requirements of comprehensive rule of law in the new era, and in accordance with General Secretary Xi Jinping’s “five strong” requirements, improve the political, professional quality and professional ethics of prosecutors, improve professional ability and professional quality, and cultivate professional spirit.
"The overall requirements of the 'twelve characters' have clarified the task book and drawn a roadmap for promoting the innovative development of procuratorial work in the new era, and played an important role in stabilizing our spirit and urging us to set off." Wu Junfeng, the Procurator General of the Yuan'an County Procuratorate of Hubei Province, expressed the common voice of prosecutors across the country.
concept is the forerunner of action. These "twelve words" are like a marching order, pointing out the path of procuratorial work to start again from a new starting point, quickly internalized in the hearts of all procuratorial personnel at all levels across the country, and practiced in specific procuratorial work one by one.
"The Yangtze River is sick, and it is not ill." General Secretary Xi Jinping's words aroused deep thoughts from procuratorates at all levels, especially the procuratorates of 11 provinces and cities along the Yangtze River: "treat" the Yangtze River disease for the Yangtze River, this is the specific practice of procuratorates "being politically conscious, taking the overall situation into consideration, seeking development, and emphasizing self-improvement."
On June 19, 2018, Procurator General Zhang Jun presided over a meeting of the Party Group of the Supreme People's Procuratorate, pointed out that the procuratorate should focus on the development of the Yangtze River Economic Belt, combine the functions of criminal procuratorial and public interest litigation, and find the right focus on the work. From July 9 to 10 of the same year, the Supreme People's Procuratorate held a symposium on procuratorial work in Wuhan, Hubei and proposed a comprehensive plan to serve and ensure the development of the Yangtze River Economic Belt based on procuratorial functions. Qiu Xueqiang, deputy secretary of the Party Committee of the Supreme People's Procuratorate and deputy procurator-general, clearly proposed the "Ten Procuratorial Measures" to focus on strengthening the development of the Yangtze River Economic Belt.In 2018, the procuratorate made remarkable achievements in public interest litigation in protecting the ecological environment of the Yangtze River Basin. Among them, the Hubei Provincial Procuratorate carried out a special action on "Public Interest Litigation for Ecological Protection in the Yangtze River Basin", found 844 clues of public interest litigation cases, filed 804 cases, urged the control of 63,000 mu of polluted waters, 198 mu of soil, 96 kilometers of river coastline, and removed 420,000 tons of garbage and solid waste.
revolves around the "Four Major Procuratorates" - integrating new concepts into judicial case handling
leave the case handling, and the procuratorate cannot exercise any power. Talking about supervision is a castle in the air, and talking about ideas is even more like painting a cake to satisfy your hunger.
In the exploration and practice of the new Supreme People's Procuratorate Party Group, the layout of the "four major procuratorates" is becoming clearer, and the new concepts of procuratorial work are becoming increasingly rich and clearer:
"Make criminal procuratorial better, strengthen civil procuratorial, implement administrative procuratorial, and do a good job in public interest litigation procuratorial."
"Strengthening legal supervision in the new era and maintaining legal authority requires the joint efforts of supervisors and those under supervision to establish a benign relationship between supervision and supervisors, and realize the supervisors and those under supervision and those under supervision and those under supervision and those under supervision. Supervisors win-win, win-win, and win-win. "
" focuses on case handling, handle cases in supervision and supervise in case handling. "
" reform is to achieve the unity of supervision and case handling, and balance criminal civil and administrative prosecution and public interest litigation. "
" insists on leading by example and promoting the lower level, and leading cadres take the lead in handling cases."
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If the concept is clear, the direction will be clear, and if the direction is clear, the confidence will be born. These new concepts with strong ideological and guiding nature are implemented in the specific judicial handling of the procuratorate, shining wisdom and exerting effectiveness.
"Prosecutor Zhang Jun emphasized that procuratorial work is a highly political business and a highly professional political work. If the business ability is not good, the case is not handled well, the people are not satisfied, and the tasks assigned by the Party are not completed, it is just not political." As the highly concerned prosecutor of the case handling case of "the traffic police were crushed and killed in the line of work", Fan Qun, the procurator of the Nanjing Procuratorate of Jiangsu Province, talked about his own concept of handling the case in an interview.
In the case handling, Fan Qun completed the accusation of crime with his strong professional ability and political determination, and explained the law and spread the concept of the rule of law in the public prosecution opinion. In the end, the court adopted Fan Qun's sentencing recommendation and sentenced the defendant Gao Yuan to death for intentional homicide, suspended for two years, and deprived of political rights for life.
Like Fan Qun, there are more and more "key minority" who consciously integrate the new procuratorial concept into case handling and actively play the role of the procurator general in taking the lead in case handling. According to statistics, in 2018, among the procurator generals of provincial procuratorates alone, 27 procurator generals reviewed the case files, conducted interrogations, prepared for court plans, participated in court trials, etc. In accordance with the law, they handled a total of 81 cases through direct case handling, and were committed to achieving the unity of political, social and legal effects in handling cases. The power of
concept is endless, and the light of wisdom travels through time and space. In the historical coordinates of the new era, the thoughts and concepts of the national procuratorate organs have been continuously updated, the spirit of the procuratorial team has been continuously improved, and the confidence in the socialist procuratorial system with Chinese characteristics has been further enhanced. The innovative development of procuratorial work will continue to leave a brilliant mark.
New Media Procuratorate
Issue No. | Total No. 2291 Issue
Text丨 Zheng Zhi
Picture丨 from the Internet
Editing in this issue丨 Tian Hao
Planning | Wang Cuiyun Yang Jianhong
Producer | Xiao Fengzhen
Source | Procuratorial Daily
Contact (submission) Email | 2202399734@qq.com
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