Create a better future at a higher starting point

Create a better future at a higher starting point

——The Two of China Criminal Judicial Reform and Development and Outlook Symposium Two

At about 4 pm on September 24th, focusing on the theme of "reform and development and prospects of criminal judicial system mechanisms", the new era of China's criminal judicial reform and development seminar began the theme discussion of the second unit.

The trial -based litigation system reform, investigation and supervision and collaboration and cooperation mechanism, confession and punishment from the broad system, the reform of the case handling mechanism, the compliance reform of the enterprise involved, the judicial system of the juvenile of Chinese characteristics ... Focus on these criminal judicial reform keywords, Participants discussed the theoretical foundation, theoretical innovation, and practical significance behind the reform.

On the afternoon of September 24th, in the new era of China's criminal judicial reform and development and outlook seminar, the theme seminar of the second unit of "Criminal Judicial System Mechanism" in the second unit of the seminar of China. Speaking.

Evidence is king

Ensure that the quality and efficiency of the case can stand the inspection

Promoting the reform of the litigation system centered on trial, prompting judicial personnel to establish the concept of legal inspection and ensure that the factual evidence of investigation and review of cases can stand the legal inspection. One of the important issues.

"With the continuous advancement of the reform of the litigation system centered on trial, the rules for collecting and fixed evidence are more stringent, the rules of evidence review and judgment are more specific, the rules of illegal evidence exclusion are more detailed, and the difficulty of illegal evidence exclusion and other issues are largely to a large extent. After being resolved, the staff handling staff of the judicial organs attaches more importance to collecting and using objective evidence. The old concepts such as the heavy confession have been effectively reversed to a large extent, and the quality of the case is more guaranteed. "Zhou Jiahai, deputy director of the Supreme People's Court Research Office, said in his speech.

How to better implement the rules of evidence? From the perspective of Professor Long Zongzhi, a professor at the School of Law of Sichuan University, the facts must be determined strictly in accordance with the evidence standards. "For cases that do not meet the standards of evidence, we must effectively implement the principles of suspicious crimes and innocence.

Professor Long Zongzhi, a professor of Law School of Sichuan University, spoke through remote video.

Talking about strengthening the source of illegal collection of torture and violent evidence collection such as torture and violence, many participants mentioned that traditional investigation and supervision focused on post -post supervision. It is often huge. Therefore, the construction of investigation, supervision and collaboration and cooperation mechanism is of great significance.

In October 2021, the Supreme People's Procuratorate and the Ministry of Public Security jointly formulated and issued the "Opinions on Improved Investigation and Supervision and Cooperation Cooperation Mechanism", established 14 collaborative cooperation mechanisms, and jointly established investigations, supervision and collaboration and cooperation office. At present, it has achieved full coverage of investigation, supervision and collaboration.

"Investigation, supervision and collaboration and cooperation with the establishment of the office, the supervision of the supervision gate moved forward, and the supervision and correction of the post -incident turned to the" forefront and cure the disease. ' The golden period 'collection of key evidence plays an important role in investigating the case, and also provides the foundation and space for the deepening of the new type of prosecutor's relationship. "During the discussion The supervision of investigations and supervision restricts, effectively prevent problems such as arrest, and prosecution with illness.

Miao Shengming, a member of the Supreme Prosecutor's Inspection Commission and the head of the First Procuratorate, said in a discussion: "Construction of the criminal allegations system with evidence as the core. Although the procuratorial organs and public security organs have their own division of labor, they belong to the" prosecution ". The core of deepening the mutual restrictions of the police is the restrictions of arrests and arrests, complaints, and non -complaints. The meaning is to jointly establish evidence standards, conviction standards, and prosecution standards that meet the trial requirements. "

Cooperate

Build a new type of investigation and warning relationship

The advancement of criminal judicial reforms such as trials and confession and confession and confession and penalties cannot be separated from the in -depth participation of lawyers.

In late December 2020, less than a week before the New Year's Day in 2021, the leaders of the Supreme Procuratorate came to the National Lawyers Association to ask about the work with the Ministry of Justice, the National Law Association, and the representatives of the lawyers of the National Law Association to build a community of legal profession with Chinese characteristics.

A lawyer who participated in the above -mentioned joint meeting also appeared at the meeting of the seminar. He was Li Guifang, a consultant to the Criminal Professional Committee of the National Law Association and deputy director of Beijing Deheng Law Firm. He believes that the "confession and punishment system is a major innovation of my country's criminal judicial system, which has brought major changes to my country's criminal litigation concepts, litigation mechanisms, litigation structures, and litigation models. , Deepen the exploration of legal theory and criminal judicial practice. "

It is also concerned about the innovation of criminal proceedings such as the guilty of confession and confession, as well as the audience at the scene. In the question session, Xie Yan, an associate professor of the School of Criminal Justice at the University of China and Law, asked Miao Shengming: "In recent years, the reform measures of procuratorial organs have been constantly promoted to ensure that these measures are standardized and normalized?" Briefly sort out the mechanism that is conducive to criminal judicial reform measures in recent years to be more standardized and normalized. These mechanisms are mostly the results of Narno's wisdom.

The theme seminar of the second unit "Reform and Development and Prospects of the Criminal Judicial System Mechanism" on the theme of the on -site guest question interactive session.

The special speakers of the second unit are judges, prosecutors, police officers, lawyers, scholars, etc. They have different occupations, but they are very concerned about criminal judicial reform and promote the formation of new types of investigations, complaints, trials, and debates. After the keynote speeches and questions, the guests of the meeting basically reached a consensus: the effective operation of the criminal proceedings system was based on the benign interaction of the three major litigation functions of investigation, complaints, and trials. The realization of the two major values ​​of crime and guarantee of human rights is also inseparable from the cooperation and efforts of both parties.

The collaboration and efforts of all parties for investigation, complaints, trials, and debate have also been recognized by most audiences. One of the key reasons is that the criminal judicial reforms such as confession and punishment from the wide system are all penetrated the concept of justice and judicial justice as the civilian consciousness, in line with historical laws, and in line with the spirit of modern rule of law.

More upper floor

Criminal judicial reform is expected in the future

In the new era of criminal judicial reform, it has never been a woodless, water -free water.

"In 1984, Shanghai Mayor Ning District Court established the first juvenile court in the history of New China. In 1986, the Procuratorate of the Changning District Procuratorate set up a juvenile indictment group. The process of growth in the past 40 years has come to a long time.

Since the 18th National Congress of the Communist Party of China, there have been major achievements in juvenile justice -the reform of the institutional mechanism has made significant progress, the judicial work has achieved remarkable results, and the legal system of minors has been continuously improved. Among them, minors have special institutions and organizations; forced reports, inquiry and other judicial practice are exposed to be adopted by legislation; the principles of priority, special, and two -way protection are implemented; Minor grading intervention system ...

Greyed on the changes and improvement of the system, Song Yinghui proposed more soberly that in terms of judicial development of minors, it is still necessary to solve the problem of coordination of the legal system, how judicial protection is integrated into the other five major protection mechanisms, etc. Essence

"Judicial protection of minors is a special field from crime governance to social governance." Xiong Qiuhong, dean and professor of litigation law and professor of the Chinese University of Political Science and Law, said in the comments that minors are special groups, how to strengthen the rights and interests of special groups, how to strengthen the rights of special groups Protection does need more attention.

Li Yuhua, the dean and professor of the School of Law of the People's Public Security University of China, focused on the compliance system of corporate compliance involved in the case. In the past two years, the "corporate compliance reform involved in the case" rose at the beginning of the wind, and a pond of Chunshui lived.

"With the compliance reform of the enterprise involved in the case, there are more and more enterprises, cases, regions, and judicial cases involved. Some universal issues need to be responded to the criminal procedure law, and the demand for legislation to make corresponding modifications is becoming more urgent. "Li Yuhua believes that the Criminal Procedure Law should be clear when the amendment of the Criminal Procedure Law should be clear: it is necessary to transform from the two centers from the center of nature to the natural person and the unit (enterprise). In addition, legislation should also consider the relationship and connection between the corporate compliance reform and confession and confession of the case involved in the case, and respond to the issues that are not prosecuted in the attached conditions involved.

Zhang Jianwei, a professor at the School of Law of Tsinghua University, mentioned in the comments that the corporate compliance reform involved in the case is a useful exploration in the field of rule of law and an upgraded version of the prevention of corporate crimes and re -crimes. "The biggest compliance is to strictly implement the relevant laws and regulations such as criminal law."

But he came to the path, Cang Cang Heng Cuiwei. "The judicial reform is like a wave of waves, there are tide, and there are tide. The judicial organs stand up to the Tao, and there are many remarkable results. We are here today, pursue the trajectory of criminal judicial development, right The future development of criminal justice in my country has made a look at the results of criminal reform and development. "Zhang Jianwei said. (Author: Shi Zhaoyu's single pigeon picture: Cheng Ding Zhongxinyu Zhang Zhe)

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