From "use" to "good use", stimulate the fundamental value of guiding cases

use as you learn

Stimulate the fundamental value of guidance cases

Jiangsu: Grasp the case application

Improve the quality and efficiency of judicial cases

A few days ago, Zhang Chenghua, a member of the Party Group of the Procuratorate of Yangzhong City, Jiangsu Province and a full -time member of the Prosecutor's Committee, took an example of an execution supervision case in Jiangsu's bank as an example. Case lessons. This is a case handled by Zhang Chenghua himself, and was selected as a guiding case of the 28th batches of the Supreme People's Procuratorate.

A case is better than a dozen documents, and the guidance case is a vivid textbook for the rule of law. Let the prosecutor tell the process of handling the case, analyze the focus of disputes, and sharing the case for handling is the key project carried out by the Party Group of the Jiangsu Provincial Procuratorate this year- "Guiding Cases Grass -Stripes" activity.

"The fundamental value of guiding cases lies in the application. We regard case guidance as an important starting point for strengthening the professional construction and high -quality development of service, and give full play to the guidance cases in the judiciary, serving the overall situation, promoting strict justice justice, leading leadership The important role of social rule of law awareness and other aspects.

will use:

From "hidden application" to "explicit application"

The guiding case is the "boutique" in procuratorial products, which is of great significance to serve the overall situation, improve the level of judicial standardization, and lead the awareness of social rule of law. Strengthening case work is the core. Are these guiding cases applied in judicial cases? What is the effect of application?

"In the judicial handling case, some procuratorial police officers did not want to use, unwilling, or dare not to use it." Tan Dajin, deputy director of the Legal Policy Research Office of the Jiangsu Procuratorate of Jiangsu Province. In response to this, in November 2020, the hospital issued the "Work Measures for the Application of Jiangsu Procuratorate to Strengthen the Application of Guiding Cases" (hereinafter referred to as the "Measures"), which clearly stipulates the applicable situation, application, and applicable carrier of guiding cases. Essence

The "Measures" requires that prosecutors have a lot of controversy about the application of the law and grasping policies in the case of handling the case. Four situations are planned to be submitted to the procuratorial committee to discuss, which must be forced to retrieve and inquire whether there are guiding cases that can be referred to. Anyone who refers to the application of the case number, name, the purpose, and reference reason for the case in the case review report; those who are cited in legal documents such as the indictment and the protests, will be used as the basis for the interpretation of the interpretation. At the same time, the Measures stated that the application of guidance cases is incorporated into the important part of the evaluation and prosecutor's assessment. In addition, the Jiangsu Provincial Procuratorate established a case system, including announcement cases, typical cases, press conference cases, and submitting the supreme procuratorate guiding case alternative case system, and encouraged the case -handling personnel to handle boutique cases.

The "Measures" make the application of guidance cases a rigid constraint, from possible "hidden applications" to well -checked "explicit applications". From April to December 2021, Yang Jiayou, deputy director of the Procuratorate of the Procuratorate of the Huai'an District Procuratorate in Huai'an City, found in the case of Chen Moumou and Ren Moujia. (Son of Ren Mo) illegal command ... is the statement of the direct cause of the accident ", but it was not mentioned in the responsibility of the accident liability for the identification and handling suggestions of the accident. He retrieved and found that the case was similar to Song Moumou and others in major liability accidents (No. 95) in basic cases and legal relations. According to the guidelines No. 95 of the Inspection Case, Yang Jiayou took the initiative to carry out self -replenishment investigations, accurately distinguished the responsibility of accidents, and finally investigated the criminal responsibility of Chen Moumou, the person responsible for the main responsible person, and did not sue at Ren Moujia according to law. In the review report of the case submitted to the meeting of the Prosecutor's Committee of the hospital and the "Notice of Supplement Transfer to the Prosecution" issued to the public security organs, Yang Jiayou clarified the process of performing duties No. 95 for the application of the application.

According to statistics, from 2021 to May this year, there are 241 cases in Jiangsu Province's procuratorial organs. In order to continue to promote the application of guidance cases, in 2021, the Jiangsu Provincial Procuratorate developed guiding case development as a training textbook for procuratorates in the province. At present, the development of 18 guiding case courses has been completed. This year, the hospital combined the "guidance case grass -roots tourism" and the grass -roots institute's thinning work and organized the same hall training. At present, 13 grass -roots hospital tourism work has been completed.

Make a good use:

From reference application to upgrade and perfect

"Guiding cases are written in the aspects of case handling ideas, methods of handling cases, and collection of evidence, which is conducive to prosecutors to learn from the reference, which is very useful to improve the ability of judicial cases." Experience.

According to Shi Jifeng, in recent years, crimes involving telecommunications network fraud have been prominent. Most of these cases have the characteristics of corporate operations, many suspects, many victims, long crime duration, and complex funds involved in the case. Essence Zhang Kaimin, including Zhang Kaimin (No. 67), such as Zhang Kaimin, in the 18th batch of guidance cases of Supreme Prosecutor's Eighteenth batch of guidance cases, accurately identify the facts of the crime around the correlation between the victims and the telecommunications fraud criminal organization. Inspiration.

"On the basis of learning from learning, we focus on evidence such as performance data, online chat software records, and fraud funds around the telecommunications network fraud gang, and guide investigators to collect objective evidence such as electronic data and book evidence in time, and timely timely Special issues such as flowing and other specialized issues entrusted third -party accounting firms to issue special audit reports as a reference to accurately identify each defendant's fraud objects and amounts. "Shi Jifeng introduced that the application of guiding cases also laid a solid for pursuit of stolenum damage and damage. The basics. Since 2021, the Xinwu District Procuratorate has accumulated more than 53 million yuan in economic losses for the masses in handling crime -related crimes. From learning to flexible applications to upgrading and improvement, prosecutors have continuously renewed their case handling system, and then shared the growth of judicial cases by sharing growth and shortcomings. As of June this year, the procuratorial organs of Jiangsu Province have been selected as the highest procuratorial guidance case.

"Compared with criminal prosecution, civil prosecutors and administrative procuratorials are relatively weak. These two guiding cases are useful for reinforcement work shortcomings." Zhu Yiyan, director of the Legal Policy Research Office of the Suzhou Procuratorate, introduced. As a result, it was difficult to supervise, and it was difficult to discover the case supervision clues based on the papers and written censorship alone.

In November 2019, the Kunshan Procuratorate found major controversy in the case of industrial and commercial registration disputes. According to research, it is believed that the case and the highest procuratorial company issued by the case 5 months ago said (Inspection Case No. 57), there are similarity in clues to find paths and laws of law, and survey methods can also be used for reference. The court was guided by this to highlight the issues of disputes in administrative lawsuits. Through joint investigation of multiple departments and cross -regional regions, the key evidence of overthrowing the original judgment was successfully obtained.

The Suzhou Procuratorate filed a protest to the city's middle -level court, and the court ruled that the Kunshan Court of Kunshan City was retrial. The Court of Kunshan Court of Court ruled that the original administrative judgment was revoked.

consensus:

From case learning to promoting the governance of the source of complaints

Guiding cases pay attention to social hotspots and solve the problems of judicial practice, and they have their own "traffic." By making good use of these cases, it plays an important role in condensing legal consensus, leading the awareness of social rule of law, and promoting the governance of the source of the source of the sources.

According to statistics, after the launch of the 11th batch of instructional guidance cases in the Supreme Prosecutor, eight cases in Jiangsu refer to the rules of handling the guiding cases. In the case of insulted children's cases handled by the Procuratorate of the New Taipei District of Changzhou, the court of first instance determined that the evidence of obscenity in public places was insufficient, and Qian was sentenced to three years in prison. The procuratorial organs explained in the protest that they believed that the children's lounge in the case of Qianmou's pols and children's case and the school dormitory in the school dormitory in the case of Qi Mou and the case of obscenity of children (42) were consistent. The case explained the substantive interpretation of public places, and sent a member to present the court meeting of the court. In the end, the court adopted the opinions of the procuratorial organs and made a judgment.

Since then, the spirit of the guiding case has been expressed to the greatest extent in the judgment of the Changzhou category case. The court determined that the children's rest room was a public place, which ensured that the law was unified. Based on this, the New Taipei District Procuratorate also promoted the functional departments to carry out special centralized rectification of the off -campus custody agencies in the jurisdiction, carried out inquiry inquiries and established a compulsory reporting system for violating cases of minors. A mother said to the prosecutor: "A case has caused so many good systems. Thank you for the procuratorial organs! We will also give their children more family safety education in the future, keep the first line of defense, and create a safer environment for children."

"A few days ago, the Standing Committee of the Nanjing People's Congress just went to our hospital for legislative investigation." In early July this year, the organizer of the blooming water company contaminating the environmental criminal civil public interest lawsuit (No. 86) and the Nanjing Gulou District Procuratorate Prosecutor Zhang Peihua told reporters.

In this case, the Gulou District Procuratorate not only creative uses "cash compensation+alternative repair" and other methods to seek "optimal solution" of public interest lawsuits. ", And supervised, also proposed legislative suggestions to formulate the implementation regulations on the implementation of the Yangtze River Ecological Environmental Protection of Nanjing City, and was adopted by the Standing Committee of the Nanjing People's Congress. The legislation is currently underway.

Source: Procuratorial Daily

Author: Lu Zhijian

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