Precise protest, be judicial justice guardian

The dark day passed, and the life of Yang Ming (pseudonym) finally returned to normal. In July 2020, the first trial of the Tianjin Procuratorate (hereinafter referred to as Tianjin 1 Branch) found that the defendant Li was suspected of other crimes during the protest, and it was suggested that the second instance court issued the case back to the retracement. After the procuratorial organs supplemented the prosecution, Li was converted to the crime of robbery, rape, forced obscenity, and punishment, and was sentenced to 20 years in prison.

Yang Ming was one of the victims found in the later stage. Like Yang Ming, due to the protest of the procuratorial organs, cases of legitimate rights and interests have been effectively protected and judicial justice is maintained in practice. Under the guidance of Xi Jinping's thinking of the rule of law, the procuratorial organs gave full play to the legal supervision functions and conducted strong supervision of criminal trial work. In June 2021, the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Age" issued by the Party Central Committee inspired the losses of prosecutors to do a good job of criminal trial supervision. The most important and effective means of prosecution as supervision has played an important role.

What changes have taken place in criminal protest after the reform of the procuratorial organs? What results have been achieved? What are the problems? How should the procuratorial organs do a good job of criminal protest work in the "Quality Construction Year"? The reporter recently interviewed this.

reform

Can not cut off the case handling and supervision

"After the reform of the internal institution, the criminal prosecution forms four departments in accordance with the requirements of ordinary crimes, major crimes, duty crimes, and economic crimes. According to the requirements of the" Capture ", the protest work naturally attributes to different sectors according to the crime." The person in charge of the Second Procuratorate explained. This change demonstrates the professional configuration advantage of criminal prosecution, but it is also found in practice that overall coordination and guidance need to be carried out in the protest work. The person in charge told reporters: "For example, the application of laws, judicial interpretations, and overall grasping of criminal protest data for criminal protest work, etc., all need to be led by a specific department." To this end, in July 2020, the Supreme Procuratorate set up a criminal trial supervision team in the Second Procuratorate to provide comprehensive business guidance to the comprehensive business of criminal trial supervision. In accordance with the principles of the upper and lower correspondences, in procuratorial organs at all levels, the procuratorial department of the felony is generally undertaken the task of guiding the comprehensive business guidance of criminal protest.

In the early days of the reform, a problem that could not be ignored was that criminal protest data declined compared with previous years, and the protest work was slightly weakened. "After the reform of the" Catching and Capture ", for the prosecutor, it is a hard requirement for approval and prosecution cases. The tendency of trial supervision. "The person in charge introduced that the highest prosecution party group attaches great importance to this and emphasizes that the trial supervision must be placed in the same important position and prosecution. "The concept of supervision.

"The core of this concept is to require prosecutors to unable to cut cases and supervision. The case handling should be used as the basic channels and means to implement legal supervision. At the same time, they should pay attention to case handling in legal supervision and overcome the wrong tendencies such as one -sided case handling and false supervision. "The person in charge explained.

In December 2020, the National Procuratorate's criminal protest work site promotion meeting was held in Haikou City, Hainan Province. Participants carried out in -depth exchanges and discussions on the update of the concept of protest work and jointly doing a good job of criminal protest work. This is the first conference to implement the first -time specializing criminal protest work after implementing the case of "arresting and complaints".

The emphasis on work and the update of ideas have improved the number and quality of criminal protest. Data show that in 2021, the procuratorial organs filed a protest of 8,850 criminal referees who believed that they were indeed wrong. The court has concluded 6,380 cases, of which 4,330 were re -judged and returned to retrial, with a adoption rate of 67.9%, an increase of 1.2 percentage points year -on -year. Since 2021, the Supreme Prosecutor's Second Procuratorate has held five criminal cases that protest to the Supreme Law. As of now, three have been reviewed by the Supreme Law and instructed the lower courts to re -audit.

Effect

Promote the concept of judicial concepts through protest

As the most rigid trial supervision method, the whole society has more expectations for criminal protest. So, what effect should the protest work achieve?

"From the perspective of the micro level, there are errors that have wrong referees to correct the correct rights and interests of the parties through the correction of the law; from the macro perspective, the judicial justice is promoted by the protest, and the law is implemented and the law of the rule of law is established." The person in charge of the Second Procuratorate said.

Qi Yingping, a prosecutor Qi Yingping, who handled Li Mou's robbery, rape, and forced prosecution against the prosecutor of Li Mou, told reporters that the first instance of the case was determined that Li Mou had to criminal theft, but the technician broke Li's computer hard disk and found that Yang Ming included Yang Ming. Many of the indecent videos and photos of the victims. In addition, Li also purchased psychiatric drugs many times, and he and his family did not have such diseases. He also consulted the lawyer online. If he implemented rape and robbery after the medicine was pressed, how would he sentence ... "Li's many suspicious behaviors explained that his problem is not as simple as theft, and it is likely to involve other crimes. "Qi Yingping told reporters that the prosecutor collected all the criminal evidence and verified the testimony of a number of victims, and suggested that the court of the second instance issued the case back to the re -trial, and the procuratorate supplemented the prosecution. In the end, the court identified eight criminal facts of Li, and sentenced Li to for 20 years in prison for robbery, rape, forced obscenity, and punished him for 20 years in prison and deprived of political rights and fines. In the process of obtaining evidence, prosecutor assistant Chen Bo learned that Yang Ming and other women were difficult to eliminate the psychological shadow after suffering. In response to this situation, Tianjin First Branch actively communicated with the Tianjin Women's Federation, asking professional psychological counselors to conduct psychological guidance for the victims and open up their hearts for them.

Choose a typical case that has a typical case of correction, innovation, progress, and leading role in judicial concepts, and promotes solutions to one aspect, one area, a period of judicial concept, policy, and guidance through the case of protesting cases. Higher requirements.

Together with cruel means to deliberately hurt the death of death, should the court make a judgment of the defendant's death penalty and restricting the sentence to minimize the sentence? Should the court be protest? The Sichuan Provincial Procuratorate gave support opinions after reviewing the case of the Panzhihua City Procuratorate's protest.

"The court of first instance took into account Wang to compensate and obtained the understanding of the victim's family members. He was sentenced to two years of execution and restricting the sentence of the death penalty. The case belongs to a major and difficult case. The hospital formed a case with the prosecutor Feng Jian as the prosecutor, which focuses on "whether Wang deliberately hurts whether the death of a person should be sentenced to death immediately" "whether the compensation plot is sufficient to affect the sentencing". Wait for the focus of controversy, supplement and improve evidence.

Wang Mou's second instance trial scene

The procuratorate believes that Wang has been controlled and used to use two minors to sell drugs for a long time, and forced them to take drugs, because he was afraid of being beaten to death to death, the crime was despicable, the means were extremely cruel, and the social impact should be sentenced to death. Essence The premise of compensating the family members of the victims was to ask the family members of the victims to issue an understanding letter, not sincere regret. The victim's mother can give the child to drug dealers for 100 yuan drugs, and the credibility and effectiveness of the understanding of the understanding of the book are obviously problems. In the end, the Sichuan Provincial High Court adopted the prosecution's protest opinion and sentenced Wang to death for intentional injury.

"It is very cautious to apply the death penalty to the case of intentional injury to the death of death. It is necessary to comprehensively judge the facts of the facts of the case. This case has further clarified the specific criteria for the death penalty of the death penalty of intentional injuries." The prosecutor handled the case emphasized that the prosecutor of the case emphasized Essence

Link

Procuratorial integration+judicial integration+social governance

Chen Guoqing, deputy prosecutor of the Supreme Prosecutor, pointed out at the National Criminal Anti -Prosecutor's Promotion Association that doing a good job of criminal protests, the superior procuratorate must give full play to the advantages of "prosecution integration" to form a synthesis of protests, and do a good job of follow -up supervision and continuous supervision.

The protest of the Sichuan procuratorial organs belongs to the "superior student" nationwide. Regarding the secrets of them, Wang Xiaolan, director of the Second Procuratorate of the Sichuan Provincial Procuratorate: "In recent years, the Sichuan Procuratorate has established mechanisms such as the" Pre -Request "Revelation of Revolution. Guidance. "She explained that this guidance was not a simple listening report, but to conduct substantial research and judgment, and held a joint meeting of prosecutors to give preliminary intentions to support to support protest or not support. If it supports protest, the superior procuratorate will also give specific guidance to the next work of the lower procuratorate.

The reporter noticed that the "procuratorial integration" in the protest work has also led to the "four major procuratorial" and "top ten business" internal integration performance process. “因为每一起拟抗诉案件都会提交检委会讨论，而检委会委员来自各个检察业务条线。与案件有关的很多工作可以同步部署，及时推进。”王小兰举例说，在王某案件中， Another surviving child is a factual orphan, and the procuratorial department of the minor is required; judicial rescue and assistance to the child are accused of complaining to the procuratorial department. These tasks are carried out simultaneously while launching a protest procedure.

Cui Yourong, director of the First Procuratorate of Tianjin No. 1 Branch, also feels the same. "Li Mou's robbery, rape, and compulsory obscenal appealing case can be successful, and the cooperation of the procuratorial technology department is indispensable." Cui Yourong introduced that since this year, the Tianjin Procuratorate has deviated the case guidance of the case to the branches. It is also gradually established, and the close cooperation between the upper and lower third -level procuratorates makes the protest work more solid and effective.

Zhang Jianwei, a professor at the Law School of Tsinghua University, has been paying attention to changes in criminal protest. He believes that the "Integrity Integration" case plays the role of review and check in in the protest work: "For legal protests, the superior procuratorial organs will actively support it. The reasons for protests are adjusted in time to ensure the quality of the protest. The superior procuratorate believes that the protest is improper, and the protest will be withdrawn when reviewing the protest case. "Zhang Jianwei said that the criminal protest work has formed a subordinate procuratorate to actively propose and the superior procuratorate carefully supported by the procuratorial institutes with caution support pattern. "The characteristics of the public security before the procuratorial work, and the later court, the characteristics of the protest work are particularly prominent. To handle a protest case, it can not only clarify the evidence collection standards of such cases, but also the standards and judicial policies applicable to the unified laws between the courts. The scale of grasping. "Wang Xiaolan believes that the protest work plays a positive role in the process of promoting law enforcement and judicial integration.

In addition, the procuratorial organs issued to the relevant units in the way of procuratorial advice on social governance issues found in the protest to promote traceability governance. "The Supreme Prosecutor's Party Group has repeatedly emphasized that the case can not be handled on the case. It is necessary to take Xi Jinping's thinking as the leader, deepen the ability to perform their duties, summarize the laws behind the case, promote traceability governance, achieve case supervision and precise supervision, and work hard to handle a case. It is solved by governance, and the person in charge of the Second Procuratorate said.

Complete

Lead the new pattern of protest with precision supervision

The Supreme Procuratorate will determine the "quality construction year" of the procuratorial work in 2022. How to further do a good job of criminal protest work to meet the new requirements of criminal protest work in the new era?

At the National Two Conferences of the country this year, Huang Qingxue, a representative of the National People's Congress and an academician of the Chinese Academy of Engineering, proposed to the Supreme Procuratorate that the procuratorial organs should increase the number of protest cases and allow the protest to play its due effect. Wang Xiaolan told reporters: "In the past few years, some prosecutors had issued issues such as the admission rate of protest opinions and did not dare to protest or are unwilling to protest. Prosecutors. "In order to solve this problem, the procuratorial organs from all over the country are exploring solutions. The Sichuan Provincial Procuratorate issued documents such as the "Opinions on Further Strengthening and Improve Criminal Trial Supervision", put forward specific improvement measures, and at the same time optimized the weight of the protest work in the assessment, and mobilized the enthusiasm of everyone's protest work. In 2021, Sichuan Procuratorate proposed 384 criminal protests, and the number of protest cases ranked among the forefront of the country.

The problem of solving the problem of protest, how to resist, and the highest prosecution proposed accurate supervision.

"The requirements of precision supervision have a spurring role in improving the quality of the protest work, but it is not easy to achieve precision supervision. Prosecutors' experience, legal literacy, and judgment ability will affect the judgment of the case." Zhang Jianwei suggested that the procuratorial organs can Summarize the problems of the current protest work at this stage and propose solutions targeted. At the same time, he believes that precision supervision must also strengthen the awareness of the prosecutor's responsibility, and when the research and judgment of the facts of the facts, the application of evidence, and the application of the law can support it, it is necessary to adhere to the position of their prosecution. Expectation of the legal supervision role of procuratorial organs.

From the perspective of Liu Renwen, vice chairman of the China Criminal Law Research Association and director of the Criminal Law Research Office of the Chinese Academy of Social Sciences, doing a good job of criminal protest, prosecutors must always adhere to an objective and fair position. The guardian can be objective and fair. "The procuratorial organs should also listen to the opinions of lawyers, parties, courts, and relevant departments to improve the level of handling cases." Liu Renwen suggested that you can invite people's congress deputies and CPPCC members to observe and evaluate the trial of protest cases. The supervision of criminal trial supervision was proactively under the supervision of all sectors of society and the people. When a protest case is confused, relevant experts can also ask experts to carry out professional arguments and discussions.

In the protest work, strengthening the communication and coordination of the prosecution law, and the realization of "win -win and win -win" is an important way to do a good job of precision supervision. "Unknown or unclear. For some understanding of different understanding, strengthening communication on the law can solve the differences in understanding of legal applications, evidence acceptance, and policy grasp to achieve the purpose of ensuring the correct implementation of the law." It is also an important reason why the procuratorial organs have adhered to the meeting of the Court of Court Judicial Committee.

In practice, in the case of the applicable confession and confession from the wide system, after the court adopted the sentencing proposal, the defendant filed a case of appeal without a legitimate reason. Cui Yourong said that for this situation, according to the requirements of the highest procuratorate, they prudent protests and strengthened the application of the interpretation of the application of confession. If the defendant pleaded guilty, and there was no justified case, which caused a obvious improper torture case, the procuratorial organs should also file a protest.

A case is better than a dozen files. In order to give full play to the reference role of the instructional cases, the Second Procuratorate is leading the selection of excellent cases of criminal protests in the national procuratorate, and the compilation of criminal protest guidance cases is carried out simultaneously.

"In addition to strengthening business guidance, we are also jointly developed the intelligent auxiliary case handling system with the Supreme Procuratorate Information Center. We hope to use the procuratorial big data to improve the quality and efficiency of the trial supervision in the new era." The person in charge of the Second Procuratorate said.Expert voice

Zhang Jianwei, a professor at the Law School of Tsinghua University: Precise supervision must also strengthen the awareness of the prosecutor's responsibility, and when the research and judgment of the facts of the facts of facts, the application of evidence, and the application of the law can standIt is also in line with the society's expectations of the legal supervision role of procuratorial organs.

Liu Renwen, director of the Criminal Law Research Office of the Chinese Academy of Social Sciences: Prosecutors must always adhere to an objective and fair position. Only by regarding their responsibilities as the guardian of national laws and fairness, can they be objective and fair.

(Prosecutor's Daily Author: Cui Xiaoli)

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