Attorney General's Vision | Shi Ying: The high -quality development path of the procuratorial work of minors in the new era

The high -quality development path of the procuratorial work in the new era of minor procuratorial work

Shi Ying

Secretary of the Party Group and Attorney General of the People's Procuratorate of Anshun City, Guizhou Province

Second -level senior prosecutor

Abstract: As a national legal supervision organs, the procuratorial organs, relying on the entire process of handling functions to participate in the judicial protection of minors, and rely on supervision functions to promote the protection of minors in all aspects. In the new era, there are new and higher requirements for legal supervision work. Procuratorate must continuously update the judicial concept, improve the work system and mechanism, standardize the operation of unppaced business, strengthen the effect of supervision and handling cases. "The system, actively promotes the solution of new problems, and promote the scientific development of the protection of minors with the transformation and upgrading of the unsuitable work, and the improvement of quality and efficiency.

Keywords: minors' prosecutors can move the "five major protection" of innovation to perform their duties

full text

Protection of minors is a basic project and hope project, and it is also an extremely complicated system engineering. It requires high attention, coordination and common participation of departments, industry organizations, social organizations, and people's groups at all levels. The revised "Protection Law of the People's Republic of China" and "The Law of the People's Republic of China Prevention of Minors" (hereinafter referred to as the "Two Laws") determined the principles that were most conducive to the healthy growth of minors, and built the characteristics of Chinese characteristics Minors protect the "six systems" and respond to social concerns in a timely manner. As a national legal supervision organs, the procuratorial organs are the responsible subjects and supervisory subjects that promote the implementation of the "two laws" and bear the special important responsibility of the protection of minors in the new era. The Supreme Prosecutor's Party Group and the Attorney General Zhang Jun attach great importance to the procuratorial work of minors, asking the procuratorial organs to firmly establish and effectively implement the protection principle of "the most conducive to minors", and maximize to block cases involving minors entering judicial procedures in accordance with the law. It may not occur cases involving minors. Therefore, it is not only the political responsibility of the procuratorial organs, but also the basic requirements of the procuratorial authority in the new era. It helps the construction of the country and enhance the implication of the national governance system and the modernization level of governance capabilities. It is related to social stability, national development, and national revitalization.

How to comprehensively implement the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Era" as an opportunity to better promote the implementation of the "two laws" and related policies of minors to protect the quality In effect, the procuratorial organs of various places need to focus on the high quality of the case -proceed cases itself, to explore and innovate in combination with actual exploration, expand the scope of functions, improve and improve the mechanism, and strengthen the effect of unsupervised supervision and handling cases. The system, better achieve high -quality advancement of minors' protection work, and fully coordinate and develop.

1. Practical experience of Guizhou Anshun's unprovable work

The Anshun Procuratorate has always adhered to the unpaid work concept of "performing duties in accordance with the law, lenient, strict, two -way protection, and comprehensive protection", continuously explores and practice in performing duties, actively innovate in practice, summarizes and refine it in innovation, and better achieve judicial case handling case handling cases. Combined with the ability to perform duties, promote the in -depth integration of judicial protection and "five major protection", achieve the effect of "1+5> 6" procuratorial performance, and provide procuratorial wisdom for the modernization of local social governance systems and governance capabilities. A grass -roots hospital in the jurisdiction has been rated as a demonstration construction unit of the national unpaid social support system. A grass -roots courtyard's "unproofed studio" has won the honor of "National Civilized Post in the country" and "Advanced Capture for Rights and Interests of Women and Children in the Country". The agency innovatively carried out the "brand" of the "brand" of the "Inspection and Lighting the Future", and continuously created the "business card" of Anshun without inspection.

(1) Promote the professionalization, professionalization, and standardization of unsuitable work

First, pay attention to professional construction. Optimize the functions of the case handling agency, clarify the special institutions and specialized personnel to handle cases involving minors, timely deploy and enrich the power of first -line case handling, unpaid work on the original basis, and effectively solve the problem of "special personnel". Second, improve the level of professionalization. Adhere to improving the comprehensive comprehensive judicial protection capabilities of minors, and organize unpaid police officers to participate in skills training such as teacher qualifications, psychological crisis intervention, and family education guidance. Third, strengthen standardization operations. Pay attention to the construction of the integrated mechanism of the procuratorial mechanism, comprehensively promote the experience of "Xiangyanghua" in Pingba in the municipal area, realize the integration of institutions, personnel, and publicity work, and uniformly regulate the publicity of the rule of law, criminal prevention, assistance and assistance and other work.

(2) Highlight two -way judicial protection of minors involved in the case

First, effectively implement special procedures and improve the effectiveness of unpaid case handling. Strengthen the cooperation with the public security organs, supervise the public security organs to conduct a comprehensive social survey and transfer investigation reports with the case to enhance the work of social investigation; rationally improve the proportion of the applicable ratio of unsuitable prosecution in accordance with the law. , Personalized attachment conditions, relying on the power of observation bases, social workers and other forces to improve the effectiveness of help in teaching; unite public security, courts, judicial, social organizations, etc., build a suitable adult team, ensure professional and standardized, and effectively give play to the education of adult education. The role of supervision, communication, and soothe, implement a suitable system for adults; collaborate with public security organs to regulate the sealing of criminal records of minors. Second, improve the protection mechanism, and the judicial protection is organically integrated with the "five major protection". Lead or jointly formulate work specifications such as the "Implementation Plan for the Judicial Protection of the Underworld of Anshun City" to ensure the effective development of judicial protection work of minors; the establishment of 3 educational care bases for the establishment of love enterprises to achieve "procuratorial+social workers+caring enterprises "Trinity to strengthen the inspection and help of the minors involved in sin; realize the" one -stop "inquiry of the" one -stop "inquiries of the minor victims, and adhere to the principle of inquiring the minor victims; The family education assessment and family education guidance of the underage involved in the crime; the establishment of the case of the case of infringing the case of infringement of minors, and comprehensively investigated the case of the unit involved in the case and the inquiry system of the inquiry. Third, actively participate in social governance, combine judicial handling cases, and urge the people to resolve the difficulties of the benefits of minors through procuratorial advice, public interest litigation, joint supervision and other methods to urge the people to protect the people with strong concern and social response. (3) Realize the education of all -round immersive law education with dots

First, create a publicity and education position. Take the work of continuously doing the work of the vice president of the rule of law, promote the special work of "sending the law into the campus" of the prosecutor's police officer, and develop and strengthen the "first class" of the rule of law education for young people; "Rule of Law Education Practice Base", freely organize minors to conduct warning education and rule of law education, and make them into the "second class" of young people's rule of law education. Second, carry out the theme education -based law. Joint relevant departments to carry out a series of large -scale adolescent law -popularization activities of the "Inspection Cup" to provide more "customized" and "menu" rule of law education. Build the "Internet+Procuratorate" law model. Third, set up the "Huahua Theory" online classroom, realize the normalization, convenient, and real -time publicity of the rule of law, and give full play to the role of "grasping the front end and governing the disease" of the rule of law, education and guidance in school teachers and students to improve the awareness of the rule of law in the rule of law , Self -protection and monitoring ability.

Second, the factors that hinder the high -quality development of unsuitable work

In conjunction with the practice of Anshun Procuratorate in Guizhou, the procuratorial organs focus on supervising the main careers of the case, actively extend their duties, and explore and promote the development of minors' procuratorial work. The results are obvious, but there are still some difficulties and problems in practice.

(1) The concept of performing duties is not in place

The main manifestations are that some procuratorates do not have enough to study, master, and use the "two laws"; the implementation of the special judicial protection system of minors in the supervision handling case is not in place, and there is a phenomenon of criminal crimes for ordinary criminal cases. The policies of the "less caught and caught" policies of the crime of minors are not grasped enough. Improve the quality and efficiency of case handling; the individual involved in the shortcomings involved in the judicial protection of minors widespread concern, and actively study and resolve and respond in a timely manner. The team builds professionalism and insufficient stability. Some grass -roots procuratorial organs have poor publicity and procuratorial functions, which leads to the low awareness rate of the procuratorial work of the procuratorial organs for the procuratorial organs. Not strong consciousness.

(2) Une balanced work development and advancement

First of all, some grass -roots hospitals have no special institutions to carry out prosecutors of minors, and only one prosecutor and unpaid cases are arranged for only individual grassroots institutions, which seriously affects the launch of unsuitable work. Secondly, the focus of the unprepared inspection business of individual grassroots institutes is limited to criminal prosecution. The expansion of minors, administrative, and public interest litigation procuratorial business ideas, and not much advance measures, which is not conducive to the scientific development of unprocessed business. Finally, the unprepared case -handling staff of some grass -roots institutes are limited to handling cases, supervising and negotiating supervision, can use the narrow thinking of innovating their duties, and ignore the "second half of the article" of unsuitable supervision and supervision. To a certain extent Play.

(3) Weak items integrated into the "five major protection"

Some grassroots courts continue to implement the implementation of the "No. 1 Procuratorate", and there is still a gap in promoting the normalization of the campus construction of the rule of law. There are obstacles to coordinate, and the effects of cooperating together to jointly maintain the legitimate rights and interests of minors; in some places, stable, professional judicial social workers and lack of personnel; And there are still blank parties in assistance and education management services. A considerable part of the school's rule of law education function departments did not cooperate with each other to affect the quality of the work. (4) The lack of professionalization and professionalization of the team

The concentrated and unified handling of the unparalleled business must master prosecutors who need to engage in the procuratorial work of the minor must master the practice and legal knowledge of criminal, civil, administrative, and public interest litigation. Related professional knowledge such as family education, care monitoring. In particular, in the face of the new period of the procuratorial work of minors in the new era, some procuratorial cases can move the problem of innovation and actively promote the insufficient ability of unsuitable work. The ability to perform duties and continuously enhance the level of unsupervital supervision and supervision case.

Third, the development path of unpaict work in the new era

The procuratorial organs in the new era should always be based on the duties of supervision and case handling functions, focusing on the focus of "transformation of ideas, supervision of case handling, consolidating teams, and integration of development". Protection of minors is more scientific and high -quality.

(1) Pay attention to the transformation of ideas and promote the transformation and development of the unpredictable work

The procuratorial organs, as the only political and legal agencies to participate in the entire process of judicial protection of minors, have special and important responsibilities and status in the national protection pattern of minors. The responsibilities and tasks are more heavy and the leading responsibilities are more clear. To promote the transformation and development of unpredictable work, the judicial concept must be updated, focusing on the "four transformations" -Sthebly handling of criminal cases of minors, educational rescue of crime involved in minors, and fighting against minors' crimes, protecting and rescue of minors to protect and assist in minors. The victims have changed together; from the emphasis on the gentle treatment of the crime of minors, to the accurate help, punishment in accordance with the law, effective constraints, promoting protection, and changing; The means of judicial protection are comprehensively carried out; from focusing on carrying out crime prevention, to more active promotion of social governance innovation. For example, in the full coverage of the "one -stop" inquiry center, some procuratorial organs have been built, but the utilization rate is not matched with the amount of cases. By summarizing and analyzing Try to apply. For another example, in the establishment of an educational and care base, the higher -level procuratorial organs need to increase the guidance of the next guidance, strengthen communication and cooperation with functional departments such as education, industry and commerce federations, and clarify the specific criteria for observation bases, caregivers, and observation objects. The specific form of observation education, clarify the difficulties, problems and risks in the education education, and make improvement measures for targeted formulation.

(2) Strengthen supervision and handling cases and promote the high -quality development of unpaid business

The procuratorial organs fulfill their duties of minors. The most important starting point is to handle the case. It is upside down to discuss the protection of minors from handling cases. We should adhere to the centers of handling the case, give play to the unified concentration of the unified centralized process of handling the advantages, and integrate the use of the "four major procuratorial" functions to achieve the maximum governance value of the legal supervision of minors. First of all, do the case for "seeking extremes". For example, the realization of sexual assault cases in advance involvement in the full coverage of cases; comprehensively carried out the examination of the need for detention of criminal cases involving minors. Secondly, insist on being able to perform innovative performance. For example, the orderly promotion of minor people and administrative procuratorial work, while carefully proposing the proposal of the eligibility of the guardian in accordance with the law, actively explore the recovery of support for support, change the right to visit, and support sexual assault. Waiting for work; for example, handle food and drug safety, tobacco and alcohol sales, Internet cafes and other public interest lawsuits involving minors, such as product quality, personal information protection, playground facilities and other key areas of public interest lawsuits Essence Finally, pay attention to the selection of trees and cultivating typical cases. In the process of handling the case, the implementation of the implementation of the duties of the functional departments and the implementation of the duties of duties, promoting the modernization requirements of the social governance system and governance capabilities of minors, the cases are made into a typical example, and the effect of "handling a case and governance" effect.

(3) Incorporating the "Five Protection" systems to help the quality and efficiency of unpaid work

Actively adapting to the new situation of the protection of minors, and the deep integration of judicial protection with other "five major protection" is a necessary choice for improving the procuratorial work of the minor and an important path to promote the protection of minors. For example, innovation and practical family education guidance. In the procuratorial handling case, the family education evaluation involved in the case was fully covered. According to the different cases and the specific problems in the supervision and performance of the case, due to the policy, and focusing on tracking guidance, to ensure that the "Supervision Order" and "Family Education Guidance Order" is not "Once it is issued" reflects the effect of supervision. For another example, relying on supervision to handle the case and paying close attention to the implementation of the "No. 1 Procuratorate", promoting the sexual assault cases of campus must achieve a compulsory report and inquiry for each case. For another example, based on the actual situation of supervising the case, explore the establishment of a minor protection workstation or designated personnel in the grassroots towns and towns to handle the protection of minors' protection related affairs to help open up the government's "last meter". And combined with the actual work of the work, rely on innovation to build unbroar brand brands, etc., expand ideas and methods, improve the institutional mechanism, and deeply integrate judicial protection into other "five protection" systems to promote the quality and efficiency of minors' protection. (4) Pay close attention to the construction of the team and build the cornerstone of the development of unpredictable work

First, pay attention to the construction of a professional team. Comprehensively implement the construction requirements of unique business institutions and case handling teams, try to enrich the high political quality, the prosecutor's physical and mental characteristics, and the prosecutors who are familiar with the physical and mental characteristics of the minors, and the prosecutors who like the procuratorial business of minors to the unsuccessful team. Explore and cultivate a group of unprecedented case handling teams specializing in case handling, diligent communication, good coordination, and helping teaching, and promoting professionalism. Second, pay attention to the improvement of professionalism. According to the characteristics of the unbound line, combined with the actual and needs, the job training, skill competitions, and actual combat training are carried out in a timely manner. While paying attention to legal professional knowledge, the practice of procuratorial case handling, strengthen the professional knowledge of sociology, psychology, education, and other professional knowledge. The rotation training, focusing on building a new era composite unpaid personnel, and relying on the conduct of typical case selection trees and unpaid business research, etc., to promote the improvement of unpaid personnel. Finally, pay attention to professional ethics. While continuously improve the professional style and professional literacy of unpaid case handling personnel, strengthen supervision and management, strengthen the motivation of functional, civilized, fair, efficient, integrity, and standardized functional performers, and ensure the organic unity of supervision of political effects, social effects, and legal effects.

*This article was published in August 2022, "Chinese Prosecutor" magazine (judicial practice)

Preparation | Han Bin

Edit | Yu Yingying

Review | Wu Ping

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