[Local Procuratorate] Nanjing, Jiangsu: Judicial case handling is the best business card for procuratorial organs
Author:Chinese prosecutor Time:2022.07.23
Since 2020, the procuratorial organs of Nanjing City, Jiangsu Province have been selected as a total of 5 supreme procuratorial guidance cases, 26 typical cases, 4 boutique and excellent cases. "".
This set of data has strongly proved a sentence: judicial cases are the best business card for procuratorial organs!
In recent years, the procuratorial organs of Nanjing have been guided by the procuratorial concept of the new era, and the cultivation of case cultivation as the starting point. Promote the economic and social development of procuratorial services.
Focus on focusing on accurate efforts
The procuratorate of Nanjing City focuses on strong work style, re -implementation, and efficiency capacity, focusing on the three major accurate efforts to continue to supply high -quality source water for the case work.
Focus on the maximum point to serve people's livelihood. As my country enters an aging society, the central government has deployed and implemented the national strategy of aging population, promotes the cooperative development of the aging cause and industry, and the development of the pension industry is inseparable from the support of the financial system. The Nanjing Procuratorate and Jianye District Procuratorate handled Cao Mou's establishment of a series of corporate fundraising fraud cases such as Jiangsu Aiwang Investment Co., Ltd., which involved more than 13 billion yuan. Effectively maintain the vital interests of the elderly participating in fundraising, and punish illegal financial activities such as fund -raising in the name of investment in the pension industry in accordance with the law.
In the case of fund -raising fraud, the prosecutor checked the case document
Scientific and technological innovation is the strategic support of national development, and intellectual property is the foundation of the development of high -tech enterprises and has major commercial value. In the Yuhuatai District Procuratorate, in the case of a country's integrated circuit design Co., Ltd., Xu, and Tao's invasion of the copyright case, the electronic data collection, review, sealing, and evidence method of the chip source code involved in the chip source code is "At the same time, ensure that the evidence of the case has legality, authenticity, and correlation, not only successfully handle the case, but also protects corporate chip intellectual property rights in all aspects. Case.
In the case of violations of copyright, the case handling team discussed the case
Drugs not only endanger people's physical and mental health, destroy the happiness of the family, but also easily induce various criminal activities and disturb the order of social security. The current means of drug -related crimes is diversified and hidden. The case of Humou's trafficking and drug -making cases handled by the Qinhuai District Procuratorate actively guided the public security organs to conduct investigating experiments, and used the country's unconventional native plants as raw materials. Selling, it is determined that its behavior constitutes the crime of trafficking and transportation, and provides samples for handling this new type of drug cases. The case was selected as the 37th batch of guiding cases of the Supreme Procuratorate.
Holding He Mou's Sale and Manufacturing Case Case Research Association
In 2020, at the time of the most tight epidemic prevention and control, through the successful handling of four typical cases of immune -related cases, it helped serve the city's epidemic prevention and control and economic and social development.
Focus on new growth points to break through innovation. After the procuratorial reform, the Supreme Procuratorate officially proposed the "Four Procuratorates" comprehensive coordination and full development concept. Public interest lawsuits and civil support prosecution became new hotspots. While these new areas have given the procuratorial functions new connotation, they also brought new new connotations to the procuratorial case. Opportunities and new challenges. Qiu Moumou, which was processed by the Procuratorate of Jianye District, infringed the Heroes and Honor Cases. This case also fulfilled the function of criminal procuratorial and public interest litigation, and became the first after the "Criminal Law Amendment (11)" added the first after the reputation of heroes and martyrs and honors. The case provided a reference for the "heroes martyrs" who correctly understood the reputation of heroes and martyrs and the crime of honor. The case was selected as the 34th batch of guidance cases and the top ten typical cases of the top ten prosecutors.
Public hearing
In the Gulou District Procuratorate, in the handling of civil public interest lawsuits in the pollution of the environmental pollution of the blooming water company, it creatively proposed the "cash compensation+alternative repair" method, promoted the case reaching mediation, and provided a practical example for the handling of similar cases. The 23rd batch of guidance cases.
Drushu District Procuratorate attended the trial of the mediation court of the Yangtze River Water Sports Pollution Case
An 80 people such as Anmoumin handled by the Procuratorate of Xuanwu District and an environmental company confirmed the support of the labor relationship dispute support case. It is a successful case of the procuratorial organs using supporting the function of prosecution and protecting the legitimate rights and interests of workers. Guidance case.
Representatives of sanitation workers went to the procuratorate to apply for support to prosecute the prosecution
Focus on the program details to carry out tackling. In practice, the focus of procuratorial supervision often focuses on the application of laws and evidence, and it is easy to ignore some "fine branches" in procedures with low attention, and these are exactly the "rich mining area" that finds case clues.
The report of the suspended criminals such as the announcement of the prosecutor of the Nanjing Procuratorate, Cai Mou, etc., and other 12 people's suspension supervision cases, based on the procedural issue of "referee document delivery" as the starting point, increased the papers, retrieved the original files, focused on physical review, field on the spot Visit the executive authority to investigate and verify the actual performance of each criminal, clarify the facts, eliminate differences, and accurately apply the law. At the same time, the integrated refinement and summary is carried out with a point with a point, merging the "similar items", and carefully polished and refined. In the end, the case was selected as the 19th batch of guidance cases of the Supreme Procuratorate. Carry out investigations and verification of torture cases
In the case of the Yubai District Procuratorate, in the application for investigation and supervision, internally coordinating the internal procuratorial force, coordinating relevant functional departments, and answering the applicant's questions face -to -face through a simple public hearing method, to maximize the effect of intensive comprehensive case handling to meet the people's full expression of fully expression The pursuit of demands and procedures for openness and justice promotes the source of the source of letter and visit.
By striving for support from the "outer brain"
The wise man moved by his strength, and the wisdom moved. Relying on the city's rich university resources, Nanjing Procuratorate established a working system for "internal agglomeration and external forces".
In the process of handling public interest litigation cases, a large number of professional issues such as the ecological environment restoration method, the cost of repair, the mediation method and the theoretical basis, as well as a series of practical practices such as crimes in criminal cases, law applications, rules refinement, etc. Operation difficulties, organize experts and scholars to diagnose the pulse, highlight the role of expert think tanks, and comprehensively promote the work of procuratorial cases.
Regularly convene a joint meeting of case work, invite experts from the research office of the Jiangsu Provincial Procuratorate to teach, organize case training and competition activities of the city's procuratorial organs, set up cases to write a talent pool, and comprehensively improve the ability level of prosecutors to refine the law and prosecutor rules.
In recent years, the procuratorial organs of Nanjing have taken advantage of the case promotion of cases to adopt a variety of methods such as face -to -face reports and cases. , Ensure the correct direction of case research.
Strengthen application leading practice
The life of guiding cases lies in the application, and the value lies in guidance. Nanjing procuratorial organs actively implement the compulsory search system, in -depth research on the rules of case handling cases, and in the process of handling cases, controversial and great influence, from various aspects such as case facts, laws, evidence and other aspects, inquiry and comparison The similarities between the case and the instruction case are made to make accurate judgments. Since 2020, the procuratorial organs of Nanjing have handled 35 cases with reference to applicable guiding cases, ensuring that the laws of similar cases are basically unified, the standards of tailoring are basically the same, and the results of the treatment are basically the same.
At the same time, in the review report, retrial prosecution proposal, public prosecution opinion in court, and court response, the guidance cases were fully used to cited legal disputes and disagreements as a support for interpretation. Liu Moumou's civil appeal case handled by the Jiangning District Procuratorate, in accordance with the case of the 23rd batch of guiding cases of the Supreme Procuratorate No. 87, further verifies the fact that the original trial of the original trial was suspected of criminal crimes. The new evidence is enough to overthrow the original mediation, which is a false lawsuit of the "routine loan" type.
Through in -depth research on case work in the past two years, the city's procuratorial organs have formed a dual promotion mechanism for the application, guidance and cultivation of guidance cases, in handling new, difficult, and complex cases, and conducting cases of compulsory retrieval work to provide reference for handling cases. At the same time, the cultivation of key cases of cultivation, drawing on the experience and rules of case handling of guiding cases, and empowering the work quality and efficiency of the case.
"Do a good job of handling the case '" the second half of the case', pay attention to the timeliness and leadership of case cultivation, promotion, and timely lead the law enforcement justice through cases, promote the modernization of municipal governance systems and governance capabilities, and strive to cultivate and propagate high -quality cases, typical case cultivation and publicity Explore the characteristics of Nanjing. "Said Huang Limin, secretary of the party group and prosecutor of the Nanjing Procuratorate.
Source | Nanjing Procuratorate
Edit | Wang Jirong
Review | Wu Ping Zhao Aiguo
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