The process of handling the case is reduced, and the "construction period" must be grabbed

After the "case-comparison ratio" indicator effectively reduced the case handling link and reducing the people's lawsuit, the Chongqing procuratorial organs noticed that the "anti-management" problem of the drag period of the case was gradually prominent. To this end, the Chongqing Procuratorate opened a special operation of the "100 -day Tackling" of the Civil Bank's prosecutions for a long time -

In the new era, the Party Central Committee proposed a proposition of high -quality development, and the Supreme Procuratorate will also be determined as "quality construction year" this year. It is a political question that the party's central government decision -making and the highest procuratorial deployment to promote the high -quality development of procuratorial work is a political question that procuratorial organs in various places must answer.

Since the implementation of the "case-comparison" indicators across the country, some unnecessary cases can be reduced, which effectively reduces the public lawsuit. However, in a discussion with private entrepreneurs, He Hengyang, secretary of the party group and prosecutor of the Chongqing Procuratorate, noticed the concerns of the participants -some civil administrative procuratorial supervision cases, especially cases involved in enterprises, not only increased the case for a long time, not only increased not only increase The cost of rights protection of the enterprise also caused the company to miss the business opportunities.

"The results of the procuratorial case are not effective." In He Hengyang's view, this problem is related to the high -quality development of procuratorial work. "Procuratorial cases cannot pick 'soft persimmons'. The more difficult cases, the more difficult it is to highlight the expectations of the people's expectations for procuratorial cases, the more concentrated their energy. The Chongqing Procuratorate is brewing to carry out a special work -from January to April this year, and carried out a special operation of the "100 -day tackling" of civil administrative procuratorials for a long time.

Where is the case where the case is?

"Director Xu, according to our statistics, in the case handling system, a total of 1,145 cases have not been concluded." Shortly after the New Year's Day this year, Lei Mingyue, assistant to the prosecutor of the Chongqing Procuratorate, submitted a copy of the civil prosecution director Xu Yan Investigation reports of the case of administrative procuratorial cases did not conclude.

After further understanding, Xu Yan discovered that in 1145 cases, there were 1004 cases showing "repetitive acceptance and unqualified recording and other procedurals. This number made Xu Yan bandy: "Some cases have been concluded by the entity. Why do some people unwilling to click 'Conclusion' in the national procuratorial business application system?"

"The most direct reason for the" in the case of 1004 such "in the case of 1004 cases is not enough responsibility." Xu Yan introduced that some complicated application for the number of cases of the Civil Bank's procuratorial supervision involved many dossier materials. … The workload is not small. Some organizers believe that as long as the case is completed, the documents are issued, and archives are not important.

"This job is not optional!" Xu Yan explained that if the case is displayed in the system as "in the system", the vision of the quality of the case cannot be entered, and it will become the "black number" of the case quality review of the case. , Dodge quality evaluation, this is a "anti -management" operation.

After 1145 cases of unreasonable case deducting 1004 procedural unreasonable cases, the remaining 141 long -term unreasonable cases seem to have reasonable reasons -suspended review. According to relevant regulations, after the procuratorial organs accepted the application of supervision, considering the special nature of the case, the suspension of the censorship system was specially set to cope with objective obstacles in the case handling. After the special situation is eliminated, the review period is calculated again, which mainly includes the following situations: first, the death of natural persons who apply for supervision, you need to wait for the heir to indicate whether to continue the application for supervision; Rights and obligations are affected by people; the third is that the case must be based on the results of another case, and the other case has not yet been concluded; the fourth is that other situations that can suspend the review.

Among them, the fourth paragraph "Other situations that can be suspended for censorship", in the technical language of the bottom of the pocket, make up for the incomplete incompleteness of objective summary, and achieve the system of the system. However, in specific practices, some organizers should apply the suspension of censorship at will in order to alleviate the pressure of case handling, or for "slow work and fine work". "There are 94 cases that have not been completed in a year, accounting for 66.67%, and there are 21 cases of more than three years." Xu Yan discovered.

However, after a detailed screening, it was found that there were not many cases that really met the suspension of review requirements. There were only 27 cases. Most of the cases did not meet the applicable conditions. There is a civil procuratorial supervision case handled by a grass -roots procuratorial organs, and the organizer plans to make a decision that does not support the application of supervision, but because he is worried that he will not work well, other facts that have no substantial influence with the results of the case will overly verify For 259 days.

"The business ability is not strong, and the case" stays in one hand '. "" Worried about the case, the case is not good, and the slow work is done, so he dragged it all the way. " These "considerations" that do not have much to do with the case itself are obviously incompatible with the new era of procuratorial work in the new era.

Promotion war to "anti -management"

In response to the procedural accumulation caused by the unqualified recording case system, He Hengyang explicitly stated at the party group of the hospital that small details reflect the true ability! It is necessary to accurately fill in the case card in the same important position as the entity of the case, and effectively strengthen the case management awareness of the case process.

"Resolving these 1004 procedurals is not as simple as a little mouse. There are a lot of work behind it." Chen Zude, a full -time member of the Procuratorate of the Procuratorate of Chongqing City, told reporters that in order to ensure the cleanup, the Chongqing Procuratorate has established the city's city to establish the city in the city The procuratorial organs' accumulation of accounts and the clean -up and supervision mechanism, one case, one account, one house and one list, and implement the case -by -case resolution and sales number. In order to achieve timely and effective case management, the Chongqing Procuratorate turned its attention to big data. The six procuratorials of the hospital developed a software that conducted instant supervision of the time limit for the case handling. Relying on the national procuratorial business application system 2.0, the intelligent discovery clues were intelligently discovered, and the case management department and the case handling department were feeded to urge the investigation and rectification.

After cracking the procedural accumulation, the special operation of the "Hundred Days of Tackling" ushered in a hard bone -how to handle 141 physical accumulation? Xu Yan introduced to reporters that the physical accumulation appeared in the provincial procuratorial organs, and the number of physical accumulation in Chongqing Procuratorate was more than the total of the 5 branches.

This is closely related to the pattern of the Procuratorate of the People's Republic of China. For a long time, the provincial and municipal procuratorates have undertaken the main protest supervision tasks due to the "upper resistance" system design, and in the provincial and city -level procuratorates. In particular, since the pilot reform of the court's trial function positioning, civil administrative procuratorial supervision cases have shown a "inverted triangle" case in case of cases. Some cases with complicated cases are often concentrated in provincial procuratorial organs.

On the one hand, the per capita cases of provincial procuratorial organs remain high. On the other hand, the procuratorate of grass -roots civil banks has caused insufficient work experience and weak supervision forces due to a small amount of case handling. How can contradictions be resolved? The work mechanism of the procuratorial integration enlightened the idea. It is understood that the six procuratorates of the Chongqing Procuratorate adopted the work method of "on behalf of the case", and the grass -roots civil administrative prosecutors participated in the case in batches. Apply.

According to statistics, since 2021, the six procuratorials of the Chongqing City Procuratorate have adopted the potential of "on behalf of the case" and the rotation training of jobs. 24 people have assisted 468 civil administrative cases.

"This round of training allowed me to quickly improve the business ability in training and timely overcome the ability to panic. The cases accepted by the Municipal Procuratorate were complicated and involved in a wide range of cases, so that I could use the knowledge of books to actual cases, which benefited a lot." From Du Min, a rotor at the Wuxi County Procuratorate, said in the harvest.

After the cleanup of special operations, as of the end of June this year, the procedural cases caused by repeated acceptance and unconstrained recording have all been regulated; in the 141 entities have not ended, except 6 cases need to wait for criminal case handling to deal with criminal case treatment. As a result, the remaining 135 pieces have been settled.

Specify "suspend review" applicable

The number in the special operation of the "Hundred Days of Tackling" shows that the "other situation that can suspend the review" is as high as 80.85%of the applicable rate in the physical failure case. The suspension of censorship does not meet the conditions. This gives Xu Yan alert: If the institutional constraints of suspended censorship cannot be established at the level of the prosecution optimization operation mechanism, the "entity is not knotted" may occur when the gourd floats the scoop.

In fact, the restrictions on the discovery of the suspension of the censorship have long been passers -by. Wang Xuehua, deputy director of the department, introduced the past experience to reporters.

As early as 2018, the Procuratorate of the First Branch of the Chongqing Procuratorate found that there were a large number of improper applications in the case of the case handled by the department, which extended the period of handling the case in disguise and seriously affected the quality of the case. As a result, the hospital stipulates that the organizer must explain the specific reason to the person in charge of the department if he wants to apply the suspension of the review.

Establishing a scientific and sound procuratorial right operation mechanism to ensure that the procuratorial cases are fair and fair is an important task for political and legal reform in recent years. After some comprehensive considerations, the six procuratorials of the Chongqing Procuratorate began to explore the mechanism of "first -level" mechanism for suspended review and approval.

▶ For the situation of compliance, the organizer needs to apply the suspension review system. The main person in charge of the department shall be reported to be approved by the leaders of the branch management;

▶ If the organizer shall be reported to the main person in charge of the department after signing the review period due to the deduction of the review period due to the transfer, appraisal, evaluation, audit, and expert consultation.

▶ When handling administrative procuratorial supervision cases, if you need to investigate and verify, substantially resolve administrative disputes, and other special circumstances, the review period needs to be extended, and the prosecutor is approved by the Attorney General.

Unexpectedly, this reform also has an overflow effect. In the case review, if the evidence related to the case appears in another trial procedure, the verdict is generally waited. The identification of relevant evidence from the judgment can not only reduce the duplicate labor of the organizer's investigation and review evidence, but also ensure the evidence's proof ability. For a long time, this is a common consensus.

"If you can solve the evidence problem through other channels, you should take the initiative to investigate and review the evidence and refuse to wait for the lying level." Said Zheng Dubo, a prosecutor of the Procuratorate of the Jiulongpo District of Chongqing.

When handling an administrative non -lawsuit case of procuratorial supervision, Zheng Duobo encountered trouble. Due to whether the court review procedures in the supervision matters, whether the specific factors such as overdue and the specific administrative behavior procedure were not approved in time, he could not find evidence for more than two months.

The case is about to overdue soon, what should I do?Before it was replaced, the relevant evidence could not be retrieved, and the review was naturally suspended."Although there are difficulties, it can still be resolved by the subjective initiative." In the end, according to the provisions of the cases of the procuratorial organs and the land departments, Zheng Duobo found the relevant evidence from the relevant administrative organs, and finally settled the case within the deadline.

Looking back on the changes in the special operation, He Hengyang said that small incision ushered in major changes.The procuratorial organs of Chongqing cleared a large number of civil banks through 100 days to solve the problem of the "boss difficulties" that plagued the procuratorial work of the People's Bank of China. The quality and efficiency of the case were effectively improved."The development of special work has also changed the appearance of the Chongqing Civil Bank's procuratorial line to change." (Prosecutor's Daily Yu Xiao Ning)

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