[Procuratorate] Jiao Qianqian: "Care" in the Baicheng Procuratorate entered a new stage

"Care" into a new stage

Jiao Qianqian

Secretary of the Party Group and Attorney General of the Baicheng People's Procuratorate of Jilin Province

Based on the city's procuratorial organs' "Care" Work Forum, the Baicheng Procuratorate did not sue the work to enter a new stage of development, that is, from the past heavy quantitative type to high -quality development.

For more than a year, especially since this year, the city's procuratorial organs have taken a firm pace on the way to implement less caught and caught prinerous judicial policies, leaving a solid footprint, precious experience, and lessons. Essence

What is "cautious"?

Regarding the connotation of "cautious complaints", the highest prosecution did not give a clear answer. According to my limited reading scope and practice depth, there are the following four views in academic and judicial practice:

The first point is that "cautious" is "cautious prosecution." Some prosecutors and prosecutors at the grassroots court held this view. We have a tradition of "dying and chaos", and at the beginning of implementing less caught and prudential judicial policies, emphasizing that "prosecution is not prosecuted" has a certain positive significance for preventing the abuse of non -prosecution. Prosecutors, cautiously exercise the right to decide in their hands to prevent the "hidden expansion" of non -prosecution rights. When not prosecuted, they must fully consider the acceptance of relevant agencies and the public, and ensure that they are caught with caution and prosecuted criminal judicial policies. Essence

The second point is that "cautious" is "prosecution". Professor Bian Jianlin gave the definition of caution in the article "The Practical Inspection and Development of Prudential Protection" ("People's Procuratorate" 2022, 2022): "The prosecutor refers to the prosecutor's prosecutor's prosecution, which fully prosecutes, and fully prosecutes, and fully prosecutes, fully prosecution and fully fully prosecution, fully, fully prosecution, fully prosecution, fully prosecution, and fully prosecution, fully, fully prosecution, and fully prosecution. Using prosecution tailoring, strengthening the review of the necessity of the prosecution during the review and indictment, for the prosecutor who meets the requirements of the prosecution but did not pursue prosecution, make a decision not to prosecute as much as possible. "

The third point of view is that "caution" is "cautiously prosecuted+prosecution." At the meeting of Yinchuan, the highest prosecution, Yinchuan did not prosecute the seminar group, Zhang Jianwei, a professor of Tsinghua University, put forward this view, and I was present at the time. This view seems to be more stepped on the basis of simply "cautious prosecution" or "cautious prosecution", and it is more "comprehensive". , Achieve the beauty of both.

The fourth view is more vague. Fan Chongyi pointed out in "Adaptation to the Ecological Change of Criminal Ecology" ("Prosecutor's Daily" December 30, 2021) pointed out: "Careful complaint refers to exercising the right to prosecute in accordance with the law, which meets the legal conditions in accordance with the law. The full application is relatively non -prosecution, and the role of pre -trial and diversion role in review and prosecution. "Professor Fan Chongyi's" prosecution tailoring "in the concept of caution is" exercise according to law ", not" exercise carefully "or" cautious exercise " It is not clear that it is "cautious" or "prosecution", but the spiritual essence in the text is "prosecution".

The most basic concept is often the most complicated and difficult to clarify. What is "cautious"? In my thinking, I gradually shaken the views of "cautious complaints" including "prosecution" and "cautious prosecution", and then more tended to "cautious" and "cautious prosecution." In my opinion, maybe "cautious complaints" are not so complicated. It is much simpler to understand the word "cautious". "Be careful" means cautious and cautious. "Loch", "Said the Words" interpreted as: "Complaints, sueds." From the words. "The original meaning of the complaint is narrative, claim, and extended to" accusations ", such as lawsuits, complaints, and appeal. The direct stitching of the word "cautious" and "voting" is "prosecution" or "cautious prosecution", that is, "cautious" is "prosecution".

The above -mentioned "caution" is the interpretation of the "cautious prosecution" to consider in the case of less caught and caught prudence. The chief of the Supreme Procuratorate One Hall pointed out: "The essence of less arrest and princess is strict, accurate, and standardized to grasp the statutory conditions of arrest, prosecution, and detention. Within the limit, reflect the requirements of the humility and prudent criminal law, achieve the best balance between punishment of crime and guarantee human rights, and maximize the role of criminal justice on the harmony and stability of society. " "Qianzhuan" and other words all reflect the spirit of prudent prosecution, that is, "cautious" is "prosecution".

From the composition of Chinese words, the "less" and "caution" in "less caught princess" should be synonymous or synonymous, that is, less arrest, less detention, and less prosecution. Professor Fan Chongyi pointed out in the concept of cautious complaints that he "fully applied" to not prosecution, and he also achieved "less prosecution". Therefore, Fan Chongyi's "caution" should be understood as "prosecution".

Based on the above thinking, I read the articles I have read before. I thought I could find the theoretical support of my own point of view, but found that Professor Bian Jianlin and Dr. Cheng Qian had clearly proposed in an article in the 5th issue of "People's Procuratorate" 2022. The "cautious complaint" is the point of view of "prosecution". I can't help but laugh at myself and be ignorant. I used to read the flowers and watched the sesame seeds and lost the watermelon.

Of course, the "less" in "less caught" is not the better the capture and prosecution, but the better than the "heavy punishment" thought, that is, those who can not catch, can not be arrested, and can not complain; In short, it is necessary to seek facts, less, and less, rather than violating the law of non -prosecution, and artificially increase the rate of no prosecution.

How high does not prosecute?

This is a topic facing or about to face national procuratorial organs, and it is also a question that must be answered. But so far, no authoritative agency or experts can give clear answers. The answer is to resolutely implement the spirit of less caught prudence and prosecutor's criminal judicial policy, bravely explore practice and stable control. It should be said that the height of the non -prosecution rate is not only able to decide by the procuratorial organs, and it cannot be completely determined by the procuratorial organs. The non -prosecution rate has its inherent regularity. There are many factors that affect the non -prosecution rate, such as criminal ecological changes, the "local standards" of the investigation organs transferred to the "local standard" and the public acceptance of the public. It is a straight line rising or falling, but a wave -shaped curve.

The more a little criminal crime of a place, the higher the prosecution agency in this local procuratorial organs; otherwise, the more felmic crimes in a place, the more large cases, and the more economic crimes involved in the crowds, the lower the non -prosecution rate will be; The standards for transferring the review and prosecution of the local investigation organs are low, and the higher the procuratorial organs will not prosecute the rate; on the contrary, a local investigation organs have made non -penalties for some light punishment cases. The lower the agency's prosecution rate will be lower.

The above "laws" do not say that the non -prosecution rate of heavy cases and large cases must be very low, and there must be a high place without prosecution in the places with many cases and small cases. In the case of 80%of the national criminal criminal lighter and criminal criminals, the "space" of procuratorial organs in various places is very large. What kind of non -prosecution rate has reached, and the procuratorial organs can calmly control it. Even in the vast majority of minor crimes, it is impossible to make decisions of no prosecution on all minor crimes. For example, in Baicheng City, which is relatively large crimes such as dangerous driving, illegal hunting crimes, and illegal occupation of agricultural land, some crimes only establish cases of cases. The prosecution must be "selected light and small, small and small", and controlling the non -prosecution rate in a moderate range. It is neither artificially lowering the non -prosecution rate, nor all light crimes. In the case where the procuratorial organs can perform their duties and achieve "cautious complaints", the rate of not prosecution will not rise and fall.

The so -called "big ups and downs" must also be dialectical. Sometimes the high non -prosecution rate can force the investigating authority to change the concept of law enforcement, improve the quality of the case, and put some cases that should not be transferred to the procuratorial organs for review. Punishment eventually prompted a decline in non -prosecution rate. There is no need to worry too much about the "ups and downs" that are not prosecuted by a few grass -roots courtyards or some and cities. It will not set off the waves of the sky, nor will it decide that the tide is ups and downs. As long as you meet the spirit orientation of the "caution" spirit and less caught, be careful to complain about criminal judicial policies, encouragement and support should be encouraged.

Is it precise enough?

"Careful prosecution" requires that every case of our case must first review the "required for prosecution" to make a "second half of the article" after making a decision without a prosecution. In this regard, I have discussed in the article "Not Prosecuting" Beginning to Gu Gui ", and I won't repeat it.

"Careful prosecution" requires not to prosecute more accurate. At present, the Baicheng Procuratorate does not have the first place in the province. In July of this year, the research team of the Jilin Provincial Hospital conducted a thorough "physical examination" of Baicheng's non -prosecution work, and reposted the "Report on the Investigation Report on the Insufficient Prosecution of the Baicheng Region" to the province. The "Report" affirms that the Baicheng Procuratorate has implemented less prudential judicial policies, especially the results of the "caution" work, and also pointed out the existing tendencies. The "physical examination" of Jilin Provincial Court also prompted us to "self -examination". The Baicheng City Academy conducted in -depth analysis at the "Care" Work Forum. I read all the prosecution and non -prosecution legal documents in the first half of the city's two -level hospitals in the first half of the year. I did not find that the legal boundary should be prosecuted and did not prosecute. There are indeed problems with accurate prosecutions. In response to these issues, Baicheng City Court will come up with specific improvements.

If you do not prosecute the work, you must focus on two issues.

The first question is the boundaries that strictly distinguish the relatively non -prosecution and absolutely non -prosecution, and doubt and not prosecution. In practice, the vast majority of non -prosecution are relatively non -prosecuted, and there are very little non -prosecution or no prosecution. Is there a case that absolutely does not prosecute the wrong prosecution as a relatively non -prosecution case? It is also a "wrong case" to make a relatively non -prosecution decision to make absolutely not prosecution or doubt. If there are places, the instinctual push -kicking behavior of the police enforcement process is determined to be violently attacked the police, and then sued or relatively non -prosecution with the crime of attacking the police. Playing birds with homemade slingshots, the birds have not been reported, and the investigation organs have established a case. There are also a small amount of "supermarket theft" and so on. Should the above cases sue or make a decision to prosecute or make a relatively non -prosecution decision? The "plot is significant" stipulated in the interpretation of the criminal law and criminal law, and it is not considered to be a specific situation of crime (including not dealing with criminal treatment) (the top ten business series of the national procuratorial organs, "General Theory of Criminal Prosecution Business", pp. 252) Execution, how can there be no specific explanation of the "significant plot"?

Article 13 of the Criminal Law stipulates crime and non -crime from two aspects: "Everything ... in accordance with the law, which should be punished by punishment, are crimes, but the circumstances are significantly harmful and do not think it is crime." How to understand "how to understand" But the book stipulates that the theoretical world has different views, and it is difficult to grasp in practice. The composition of crimes in my country is a crime composition of "four elements". The four requirements are in line with the composition of crime and set up crimes. my country's criminal law is a combination of qualitative and quantitative, conviction and crime. We are used to using points to handle the case. We do not look at the general rules. The use of criminal law general rules does not mean that in the case of the establishment of crimes stipulated in the criminal law (composition of crime), it is directly identified or declared innocent based on the book identification or declaration. "Dan Books" are not specific standards for identifying or declarations of innocence. Procuratorate can only believe whether the behavior is criminal according to the criminal composition stipulated by the criminal law. The constituent elements of the crime are jointly stipulated by the General Principles of the Criminal Law and the Criminal Law, not only stipulated by the provisions of the Criminal Law. Gao Yunzhang, the "Book Regulations and Criminal Constitutional theory" ("Prosecutor's Daily" November 1, 2017), " Those who are completed at one time require the referees' attention to the norms and facts, and can be repeatedly demonstrated by multiple times. At least it shall go through the rules of the criminal law. Evaluation, eventually concluded whether it conforms to the conclusion of crime. The type of crime stipulated in the provisions of the Criminal Law is a kind of outline, an image image, which is externalized on the composition of the crime after the judgment of the criminal law. Grasp; the provisions of the criminal concept in the general provisions of the Criminal Law are a substantial thing of crime. After the judgment of the concept of crime, internalization is internalized in the composition of crime. In the concept of crime, the composition of the crime lost its support and did not have the foundation; after leaving the composition of the crime, the concept of crime became an empty abstraction and fell into nothingness. "

In addition, Jin Shi and Zhang Yuan interpreted the "significant plot" ("Prosecutor's Daily" on August 10, 2022) in four aspects of "The Limit" of "Equipment of Crime"). ", Can be compared with the above reference: (1) The legislative intent of the" significant plot "and related judicial interpretations, adhere to the legal principles of criminal punishment, and based on the correct application of the provisions of the division; (2) comprehensively consider crime crimes Time, place, place, environment, means, methods, objects, objects, criminal consequences, crimes, criminal motivations, etc., accurately refine social harm; (3) extensively contact, carefully study typical cases, and continuously accumulate the "plot plot correctly The practical experience of significant mildness; (4) Because the "significant plot" is in the junction zone that is unclear in crime and non -crime, if according to the criminal law points, it can be clearly identified as a crime or clearly determined that it does not constitute a crime, it is not "The plot is significantly mild."

The second problem is to strictly distinguish between weight and lightness, the main and obedience, and the differences in different situations. The Jilin Provincial Court pointed out in the "Report on the Work of Not Prosecution in the White City Area" pointed out the outstanding problems in our existence in the work of not prosecution. , A standard for ordinary farmers and party members and cadres, the lack of meticulous gradient distinction between the amount of crime, and the difference between the primary criminals in the common crime and the difference between the criminals. " Under the premise, pay attention to the number of land area, insufficient attention to land, land, and forest species, and insufficient attention to ecological restoration. "In practice, if the crime is harsh, social danger, and refusal to confess and confess, prosecution is chased according to law. , Protect the legitimate rights and interests of the victims, and safeguard social fairness and justice; for comprehensive considerations of whether the criminal means are harsh, the harmful consequences, whether they will refund the claims, whether the victims are faulty, etc. The necessity of prosecution, whether to make a decision to prosecute in accordance with the law. For common crimes, according to the status and role of criminal suspects in common crimes, it is necessary to resolutely prosecute the prosecution of the primary criminals. The non -prosecution proposed by the Baicheng City Institute must be "selected and small, the light, and the light," is not simply a small amount of crime and a minimum sentence of possible sentences.

Does the concept enter a new stage synchronously?

The Baicheng Procuratorate took the lead in entering the new stage of "cautious complaint", to a certain extent, "being entered", that is, it is the non -prosecution practice and a new situation of rapid development. Phase, and the head is still in the "old stage". The main manifestation is in terms of ideas:

Some comrades' traditional concepts of "punishing crimes and maintaining safety" are deeply ingrained, and the consciousness of exercising non -prosecution tailoring is weak, and insufficient prosecution is insufficient;

Some comrades, especially the prosecutors and deputy prosecutors, also have the way of thinking and practices of "almost", "I think it can", "XX says". Since last year, some grass -roots institutes have provoked the case due to letters and visits and prosecution, which may eventually lead to innocence in the court. The lessons are extremely profound and enough to be alert. Similar "tragedy" can no longer occur in the Baicheng Procuratorate. Some comrades are "serious on the left". For example, when dealing with cases or discussing cases, they are used to putting forward the opinions of crime, and their opinions have been rejected many times or not alert;

Some comrades still die to handle cases, leading to mechanical cases and simple case handling, only pursuing legal effects and ignoring political and social effects;

Some comrades are accustomed to written, unilateral and closed case handling methods, and they are not good at reviewing cases in public hearing;

Some comrades did not "not sue" after not prosecuted, and did not do the "second half of the article" that did not prosecute;

An individual grassroots prosecutor exists as a prosecutor in any department. Why bother to the idea of ​​being responsible for the criminal inspection, the new situation of the concept cannot keep up with the development.

As raised the problem, the problem is solved, and the other half depends on each prosecutor to solve the practice of the case. The Baicheng City Institute must be positive through the "Hundred Cases Exhibition · Ten Case Selection" and other methods. The Baicheng City Institute is transferred from the grass -roots hospital to prosecutors to give priority to comrades who have won awards in various procuratorial business competitions. By analyzing typical cases of negative faces every week, especially the typical cases that occur around us, we will carry out large -scale learning and training in the city's two -level criminal inspection police officers, and constantly change the concepts, improve the adaptation of "cautious complaints" to enter the new stage. ability. The Baicheng City Institute should implement the non -prosecution fault -tolerant mechanism, as a responsibility, and introduce specific disciplinary methods to cause serious quality issues such as serious and irresponsible. People and relevant prosecutors seriously hold accountable. If the deputy prosecutor who does not adapt to criminal procuratorial work in charge of criminal procuratorial work shall timely adjust the division of labor; the prosecutor who has a serious sense of responsibility should be retreated to the end, and will not be arranged to other positions as prosecutors. Strictness is love and the biggest protection. The Baicheng City Institute hopes that through strict discipline and rules, it will help change the concept and improve their ability. The purpose is to achieve the "two leap -up development" of people and procuratorial causes.

The "cautious complaint" enters a new stage. It is required that each prosecutor, especially the prosecutor, deputy prosecutor, and comrades of the criminal procuratorial department, must figure out the basic theoretical issues of "caution", update the concept in a timely manner, and continue to improve the case handling ability. At the same time, the guidance of the Baicheng City Institute must follow up simultaneously. In short, we must use the vivid Baicheng Procuratorate to catch the practice of causing prudence, strictly prosecute the necessity review, and do the "second half of the article" that are not prosecuted, calmly and stable control of the non -prosecution rate, eliminating doubts about the high and low prosecution rate. In response to question with high prosecution rate, consciously follow the forefront of the new stage of "caution".

Source | Baicheng Procuratorate

Edit | Wang Jirong

Review | Wu Ping

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