Review of five-year procuratorial work： internal supervision is strict with making good use of the power in one’s hands.
The Central District Procuratorate of Zaozhuang City, Shandong Province "promotes learning through practice and use through war" to improve the law enforcement level of prosecutors. The picture shows the operation technology of the police in the hospital in AC mobile synchronous recording and video recording equipment. Our reporter Lu Jinzeng correspondent Zhou Boshe
On January 25th this year, the "Moral Lecture Hall" of yingdong district Procuratorate in Fuyang City, Anhui Province kicked off. The picture shows the police in the hospital performing the self-directed sitcom "Empathy". Our correspondent Zhang Yan reporter Wu Yuhuo photo
Decision deployment
● On July 9, 2008, Cao Jianming emphasized at the National Procurator-General’s Symposium that we should profoundly understand and firmly grasp the basic requirements for the construction of procuratorial team, and we should not only be brave in supervising others, but also be brave in accepting others’ supervision, and be strict in self-supervision.
● At the beginning of September, 2009, the Supreme People’s Procuratorate issued the Provisions on People’s Procuratorates below the provincial level examining and deciding to arrest cases (for Trial Implementation), requiring people’s procuratorates below the provincial level to investigate cases by themselves, and if it is necessary to arrest criminal suspects, it should be reported to the people’s procuratorate at the next higher level for examination and decision.
● On August 2, 2010, the national experience exchange meeting on internal supervision of procuratorial organs was held. Cao Jianming emphasized that procuratorial organs should actively explore and take more resolute and effective measures to strengthen internal supervision and control of procuratorial organs, promote new and greater achievements in internal supervision, and ensure strict, fair, civilized and clean law enforcement.
● On December 1, 2011, the Supreme People’s Procuratorate issued and implemented the Opinions on Strengthening the Internal Supervision of Procuratorial Organs. The Opinions require party groups of procuratorates at all levels to put internal supervision on an important agenda, strengthen leadership and clarify responsibilities.
● In October 2012, a national symposium on procuratorial supervision of procuratorial organs was held. The meeting demanded that Scientific Outlook on Development should be thoroughly implemented, procuratorial supervision work should be done well with stronger determination, greater efforts and more practical measures, work priorities should be highlighted, and law enforcement and case handling should be closely followed, so as to provide strong discipline and style guarantee for promoting the scientific development of procuratorial work.
While the iron is hot, you need to be hard. As a national legal supervision organ and an important anti-corruption functional department, procuratorial organs can only perform their legal supervision duties well if they first supervise themselves well; Only by persisting in our own anti-corruption work can we improve the level of strict, fair, civilized and clean law enforcement.
In the past five years, China’s procuratorial organs have strictly regulated law enforcement activities, strengthened supervision and restriction on their own law enforcement activities, and strictly prevented the abuse of procuratorial power. Based on the principle of correcting others first, we have made great efforts to build a self-righteous, self-hard and self-clean procuratorial team by updating the law enforcement concept, strengthening the standardized construction of law enforcement, strengthening procuratorial supervision and other all-round, multi-level and systematic internal supervision measures, thus effectively promoting the scientific development of procuratorial work and achieving impressive results in serving the overall situation.
Self-supervision is as important as legal supervision.
In July 2009, the Procurator-General of Cao Jianming emphasized at the national symposium on internal supervision of procuratorial organs that procuratorial organs at all levels should firmly establish the concept that supervisors must accept supervision, put strengthening their internal supervision and control in the same important position as strengthening legal supervision, and supervise themselves with stricter requirements than others, so as to truly be honest, hard and clean.
Self-supervision is as important as legal supervision, and this concept has been continuously strengthened in procuratorial organs throughout the country.
On December 1st, 2011, the Supreme People’s Procuratorate issued and implemented the Opinions on Strengthening the Internal Supervision of Procuratorial Organs, and the internal supervision has a more solid institutional foundation.
The life of an idea lies in its implementation. In recent years, China’s procuratorial organs have made great efforts to strengthen supervision over the exercise of power by leading cadres. Formulate some guidelines for leading cadres of procuratorial organs to be honest and self-inspected, require the procurator-general of lower-level hospitals to report to the higher-level hospitals on their work, implement the system of inspection and personal reports, and strengthen the management supervision, inspection and assessment of leading cadres of lower-level hospitals by the higher-level hospitals. For example, the Guangdong Provincial Procuratorate has strengthened supervision and restriction on the "top leaders" of procuratorates at all levels in the province, requiring that the "three majors and one big" work, such as major decisions, appointment and dismissal of important cadres, major project arrangements and the use of large amounts of funds, must be fully discussed and decided by the collective, and the procurator-general must not change it without authorization, effectively enhancing his own supervision effect.
Nowadays, the society is becoming more and more open, transparent and informative, which puts forward new requirements for the procuratorial organs to handle cases in law enforcement. In recent years, procuratorial organs have made great efforts to promote the openness of procuratorial power, actively adapt to changes in the situation, and expand the content and scope of procuratorial affairs disclosure in accordance with the law, so as to promote fairness and ensure honesty. For example, improve the system of people’s supervisors, special procurators and expert consultation, actively promote the construction of portal websites and procuratorial Weibo, and constantly broaden the ways for people to understand and supervise procuratorial work.
It is another important means to strengthen self-supervision to seriously investigate and deal with the violations of discipline and law by prosecutors. In the past five years, the procuratorial organs have always maintained a "zero tolerance" attitude towards their own corruption, and will never tolerate "black sheep". The procuratorial organs have investigated 124 prosecutors for criminal responsibility according to law.
Standardize law enforcement and establish a long-term mechanism
Standardized law enforcement is the premise and foundation of fair law enforcement. In recent years, procuratorial organs throughout the country have made great efforts in standardizing law enforcement, and have formulated specific measures from law enforcement concepts to law enforcement systems, from law enforcement behaviors to law enforcement styles.
By continuing to carry out the education of law enforcement concepts, procuratorial organs guide the broad masses of prosecutors to firmly establish a rational, peaceful, civilized and standardized law enforcement concept, strengthen their awareness of evidence, procedure, limitation, authority and consciously accepting supervision, and exercise procuratorial power in strict accordance with legal authority and procedures, thus significantly enhancing their awareness of standardizing law enforcement.
In terms of system construction, the Supreme People’s Procuratorate has successively formulated and implemented the basic norms of procuratorial organs’ law enforcement, the basic norms of prosecutors’ professional behavior, and the rules of procuratorial organs’ civilized language, thus forming a system of procuratorial organs’ law enforcement norms. For example, the Basic Norms for Law Enforcement of Procuratorial Organs comprehensively integrates the legal provisions, judicial interpretations, business norms and disciplinary provisions in handling cases by procuratorial organs, and clearly stipulates the basic operating procedures of various business departments and positions. After systematic revision this year, there are 12 parts, 77 chapters and 1710 articles in the Basic Norms for Law Enforcement of Procuratorial Organs. For another example, after the revision of the Criminal Procedure Law and the Civil Procedure Law last year, the Supreme People’s Procuratorate revised the Criminal Procedure Rules of the People’s Procuratorate (for Trial Implementation) in time, and is now studying and formulating the rules for handling cases in civil administrative procuratorial work to ensure the correct application of the law in procuratorial work.
It is an important guarantee for procuratorial organs to standardize law enforcement by focusing on rectifying outstanding problems of irregular law enforcement through special activities. In recent years, procuratorial organs have successively carried out special inspections such as "safeguarding the legitimate rights and interests of the people and solving outstanding problems", standardizing law enforcement and case handling safety, and special treatment of police car violations, and conducted special inspections on the seizure, freezing and handling of money and materials involved in direct investigation cases for several years, effectively solving some outstanding problems of irregular law enforcement and promoting the construction of a long-term mechanism for standardizing law enforcement behavior.
Perfecting the mechanism and strengthening measures to ensure that the internal supervision work is solid and effective, procuratorial organs all over the country are making beneficial explorations.
Dynamic supervision of case management
"Through the operation of the case management center, the procuratorial organs can standardize the handling of cases, and it is also conducive to effectively protecting lawyers’ practice rights and further promoting procedural justice." Not long ago, Xu Lixia, a member of the Chongqing Municipal Committee of the Chinese People’s Political Consultative Conference, expressed support and affirmation for the construction of the case management center mentioned in the report when evaluating the work report of the city’s procuratorate.
Recently, in the case management center of Hebei District Procuratorate in Tianjin, a defense lawyer completed the work of marking a robbery case and copying the case file materials in just over an hour, becoming the first person for a defense lawyer in Tianjin to electronically mark the case in the procuratorate. According to the person in charge of the case management center of the hospital, the electronic file is to record the paper file into an electronic version, which is convenient for reading and copying materials.
On October 28, 2011, with the approval of the Central Compilation Office, the Supreme People’s Procuratorate established a case management office to implement unified and centralized management of cases directly handled by the Supreme People’s Procuratorate, and to be responsible for the monitoring of case flow, the supervision of legal documents, the supervision of money and materials involved, and the evaluation of case quality, and to guide the case management of procuratorial organs across the country.
The establishment of case management institutions is a reform implemented by procuratorial organs in strengthening internal supervision and control.
Originally, the procuratorial organs did not have a department that could understand and master the whole process of case circulation. Law enforcement and case handling were managed by business departments. This relatively decentralized management mode easily led to the lack of supervision over the whole process and all links of case handling, forming a blind spot of supervision. To establish a centralized case management mechanism means to set up a case management organization within the procuratorial organ, which is responsible for the unified acceptance, process monitoring, quality management, statistical analysis and comprehensive business evaluation of cases handled by our hospital, so as to realize the unified, centralized, whole-process and dynamic management of law enforcement cases.
Up to now, 2,667 procuratorates across the country have set up case management agencies to uniformly implement strict process management and dynamic supervision over the cases they handle.
Procuratorial inspectors make internal supervision more rigid.
Recently, the Procuratorate of Huocheng Reclamation Area of Xinjiang Production and Construction Corps extended the focus of procuratorial supervision to law enforcement and case handling. The discipline inspection team and the staff of public prosecution and other related business departments formed an inspection team. Without prior notice, as an observer, they conducted a special inspection on whether the public prosecutor’s behavior in court was standardized, and timely rectified the problems existing in the inspection to promote the public prosecution department to continuously improve the level of public prosecution in court.
In October 2007, the Supreme People’s Procuratorate issued the Interim Provisions on the Work of Procuratorial Supervision in the Supreme People’s Procuratorate. In January, 2008, the first working conference of procuratorial organs in China was held in Beijing, which marked a new stage of the procuratorial supervision system from pilot to full implementation.
Procuratorial organs at all levels insist on carrying out procuratorial supervision as an important starting point for strengthening internal supervision of procuratorial organs and promoting the construction of procuratorial team and business, which effectively guarantees the rigidity of internal supervision and ensures the correct exercise of procuratorial power.
Procuratorial organs at all levels closely focus on the outstanding problems strongly reflected by the people, which affect the image and credibility of procuratorial organs in law enforcement, and constantly increase the intensity of supervision by implementing the major work arrangements and various rules and regulations of the Supreme People’s Procuratorate, implementing the law enforcement case handling system and safety precautions in handling cases, strictly observing the law enforcement style and discipline, and managing and using police cars and firearms and ammunition police equipment. As of October 2012, the Supreme People’s Procuratorate has organized eight centralized inspection activities, and inspected 271 procuratorates in 29 provinces (autonomous regions and municipalities) and 53 procuratorial offices stationed in supervision places. 32 provincial procuratorates, 380 municipal procuratorates and 2,678 county procuratorates have carried out procuratorial supervision activities for more than 137,000 times.
In the past five years, the system of procuratorial supervision has been initially formed, the scope of supervision has been continuously expanded, the methods and means have been continuously innovated, the application mechanism of supervision results has been continuously improved, and the function of procuratorial supervision has become increasingly prominent. Practice has proved that the procuratorial supervision system, as an important part of Socialism with Chinese characteristics’s procuratorial system, plays an increasingly important role in promoting the implementation of work, standardizing law enforcement activities, strengthening team building and maintaining the procuratorial image.
Representative evaluation
Sheng Yafei
Lan lingli
Wang gang
Sheng Yafei, deputy to the National People’s Congress and secretary of Shanghai Songjiang District Party Committee:
As a judicial organ, prosecutors should be empowered to dare and be good at supervision, otherwise they will not be able to shoulder the responsibility of legal supervision. Of course, this power should be supervised, and it is more strict supervision, otherwise it will easily lead to problems. In recent years, procuratorial organs have vigorously promoted internal supervision, which is very important and meaningful. Only when external and internal supervision are done well can the credibility of the judiciary be improved.
Lan Lingli, deputy to the National People’s Congress and county magistrate of Jingning She Autonomous County, Zhejiang Province:
In recent years, procuratorial organs have vigorously solved privileged thoughts and overbearing styles, effectively preventing and correcting all kinds of behaviors and unhealthy practices that harm the interests of the masses. It is suggested that procuratorial inspectors should be strengthened, and those who have caused adverse effects and losses due to prevarication and delay or even dereliction of duty should be investigated for responsibility. At the same time, strengthen the education of law enforcement concepts and guide prosecutors to pay more attention to the protection of human rights.
Wang Gang, deputy to the National People’s Congress and chairman of Xinyihe Group Co., Ltd.:
Procuratorial organs bear the heavy responsibility of promoting the process of democracy and the rule of law, not only to strengthen legal supervision, but also to strengthen self-supervision. In recent years, procuratorial organs have continuously strengthened their internal supervision, such as upgrading the investigation power of duty crimes to a higher level, carrying out synchronous audio and video recording of interrogating duty criminal suspects throughout the process, and carrying out the procuratorial supervision system, etc., strictly regulating law enforcement behavior, seriously solving their own violations of laws and regulations, and better preventing the abuse of procuratorial power. (Written by our reporter Awaken Wang)