Prosecutor's Daily Review: Comprehensively and accurately grasp the dialectical relationship between wide and strict and strict
Author:Supreme inspection Time:2022.08.22
"The width is good, mighty to the width, politics is peace." Kuan and strict, have always been a specific and historic unity. With the continuous development of the economy and the changes in the social security situation, judicial cases should use criminal policies to use foot wide and strict, as well as width according to law, and strictness. However, in practice, some places have a one -sided and simple understanding of the dialectical relationship between width and strictness. There is a phenomenon that occurs when width is not wide, strict, or even blindly or even. Affects the sense of security and happiness of the people. As a national legal supervision organs, the procuratorial organs must comprehensively and accurately grasp the dialectical relationships of broadness and strictness from the high degree of politics. There are wideness, width and strictness in strictness, and the width and strictness.
To comprehensively and accurately grasp the dialectical relationship between wide and strict and strictness, it is necessary to continuously improve and use political wisdom. Kuan Yan Xiangji is a basic criminal policy proposed by the Party Central Committee. It is a summary of my country's long -term practice in the long -term practice of punishing criminal crimes and maintaining social stability. Prosecutors should effectively strengthen political judgment, political understanding, and political execution, integrate risk prevention, security, stability, and promoting development into daily life. The changes in the law and order are accurately grasped the criminal policy of lenient and strictness, from the spiritual connotation and practical requirements of the strict and strictness in each judicial handling, and realize the transformation from handling cases to promoting sources of complaints and system governance. Pay attention to the organic unification of political effects, social effects and legal effects.
To comprehensively and accurately grasp the dialectical relationship between wide and strict and strictness, we must ensure that the width and strict "mutual help" and "equivalent" in judicial practice must be guaranteed. Crimes that endanger national security, severe violence, black involving evils and evils, etc., especially the crime of disadvantaged groups such as women, children, elderly people, disabled, etc. Crime must be strict when strictness, and the arrest is arrested, prosecuted in accordance with the law, and severely cracking down on it. For light injury cases caused by marriage, family, neighborhoods, or occasional contradictions, we must take care of the law, carefully detain and pursue prosecution, so as to arrest less and prosecute, focus on resolving contradictions and disputes, and reduce social confrontation. In the case of light crime cases, there are situations that are dealt with from the law according to law. There are also situations in which felony cases are treated with light treatment. They must be treated dialectically and analyzed specific issues. When handling crimes involving enterprise production and operation, key positions such as criminal business operators such as criminals confess and confess their punishment and the social harm is not great, and there are positive performances to ensure the re -production and production. For corporate leaders who have a leading role in the case, seriously undermine the market economy order and competitive order, criminal responsibility shall be strictly investigated in accordance with the law. After making a decision on the enterprise involved and the person in charge of the case and the person in charge, it is necessary to put forward rectification opinions and promote the compliance construction of the enterprise through the case, etc., to truly implement the criminal policy of lenients and strictness.
To comprehensively and accurately grasp the dialectical relationship between wide and strict and strict and strict and strict, and also have a rigorous and perfect institutional mechanism as support and guarantee. First of all, there must be strict and scientific assessment standards. For prosecutors who strictly implement the criminal policy of lenients and strictness, the assessment indicators can make encouragement evaluations to support the prosecutor's responsibility to perform their duties, but it must not be determined to confess and punish the convicted and punishment from the aspiration and the lower indicators. Secondly, there must be a comprehensive mechanism for connection and cooperation. If you do not arrest suspected light crime, you can use electronic bracelets, big data and other scientific and technological means for supervision; if you do not prosecute in accordance with the law, administrative penalties should be given to the competent authority in time for punishment. In addition, the system of judicial case responsibility must be improved. After the procuratorial organs make decisions of not arresting, not complaining, or changing the compulsory measures according to law, some cases occur in cases of criminal suspects obstructing lawsuits or even crimes. During the accountability, they should be reviewed in accordance with the law. If the prosecutor is improperly held accountable, the superior procuratorial organs should take good care of the responsibilities, and beware of the "negative risk aversion" psychology in the case of handling the case.
The soldiers are not ascendant, the water is not normal, and the wonderful use of the water exists. In the new era, procuratorial organs and all prosecutors at all levels should strengthen political awareness, the rule of law, and the procuratorial consciousness, actively implement the criminal policy of leniency and strictness in accordance with the law, comprehensively and accurately grasp the dialectical relationships of broadness and strictness, and better achieve punishment of crime and resolution of contradictions. , Organic unity of promoting social harmony, creating a good environment for the rule of law for the high -quality development of the economy and society.
Source: Procuratorial Daily
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