[Law Exchange] Following the concept of being able to move the procuratorial concept to improve the quality and efficiency of light crime governance

■ Improve the level of light crime governance and quality and efficiency, which means that we must reform the governance methods that are not adapted to the crime situation, build a complete light crime governance system, and improve the degree of modernization of light crime governance. This is the only way to promote the modernization of national governance and improve national governance efficiency.

■ With the deepening of the governance of light crimes, as a non -supervisory punishment enforcement method, the role of community correction in minor crime cases will become increasingly prominent. Procuratorial organs should actively explore new models such as community correction inspection procuratorials, consolidate supervision joint efforts, implement scientific and technological empowerment, and promote the standardization and effectiveness of community correction supervision.

Special professor of Shenzhen University

Bian Jianlin

With the significant changes in the criminal structure of my country's criminal cases, the number of light crimes has increased significantly, and it is undoubtedly significant to improve the level of light crime governance and quality. As a national legal supervision organs, the procuratorial organs have a special status and important capabilities in crime governance. They should pay attention to and play the key role of procuratorial organs in the governance of light crimes, improve the level of light crime governance, and promote the scientific development of light crime governance.

The proportion of minor crimes continues to rise

Occupy the criminal structure dominant position

The total crime is the most intuitive reflection of the crime. In the past 20 years, the total number of criminal cases in my country has been increasing. Procuratorate has accepted review and prosecution to prosecute criminal criminals from 824,000 in 1999 to 2.2 million in 2019, showing my country's overall criminal situation. However, it is not enough to pay attention to the total amount of crime. It is necessary to comprehensively and accurately grasp the crime trend, and it is necessary to analyze the internal structure of the crime.

According to the provisions of the Criminal Law, severe criminal criminals generally use three years in prison as the starting point of prison, corresponding to it, and the Criminal Procedure Law is also based on the judgment criteria for whether the case can be applied to the case. In order to fit the spirit of criminal legislation and adapt to criminal judicial practice, theoretically, it is advisable to use three years in prison as the boundaries of felony and light crime. Anyone who sentences to three years in prison and below is a minor crime. Among them, those who are detained or below are micro -crime. According to the above division standards and related data, it can be found that the criminal structure in my country has changed significantly in recent years: the number and proportion of felony continue to decline, and the number and proportion of light crimes have continued to rise. Serious violence such as intentional homicide and robbery is a typical felony. Related data show that from 1999 to 2019, the procuratorial organs sued severely violent crimes from 162,000 to 60,000. In contrast, the defendant was sentenced to three years in prison and the proportion of light crimes below the punishment increased from 54.4%to 83.2%. It can be seen that although the total criminal crimes in my country have continued to increase, it is a manifestation of great harmful and severe felony cases that have gradually decreased. More importantly, the proportion of minor crimes has continued to rise, occupying the dominant position of the criminal structure.

In the process of slight crime growth, the proportion of new types of minor crimes is particularly prominent. Since 1997, nearly 80%of the Criminal Law and Eleven Criminal Law Amendments have been criminals. Taking the crime of dangerous driving as an example, in 2019, the crime of dangerous driving replaced theft became the first crime of criminal prosecution. From January to September 2021, the national procuratorate handling data showed that the crime of dangerous driving continued to rank first, accounting for about 20%of the number of all prosecutors. Other new types of minor crimes, such as high -altitude parabolic crimes, have also increased. Minor crimes, especially new types of minor crimes, have become the focus of crime governance.

Improve the importance of light crime governance and quality and efficiency

Promoting the modernization of the national governance system and governance capabilities is my country's important development goal. Crime governance, as an important part of national governance, directly affects the realization of national governance's modernization goals. The national order is well -established, the society is stable and peaceful, and the people's lives and fun are the ideal state of criminal governance. The governance of a large number of minor crimes that dominate the criminal structure is the key to the modernization of criminal governance. Improving the level of light crime governance and quality and efficiency means that we must reform the governance methods that are not adapted to the crime situation, build a complete light crime governance system, and improve the degree of modernization of light crime governance. This is the only way to promote the modernization of national governance and improve national governance efficiency.

The people in the new era have new requirements and new expectations for social governance. Although slightly criminal cases are less harmful than criminal cases, mild crimes have the characteristics of common multiple and large quantities. In daily life, the people who are most likely to be in contact with the people are often not felony cases, but often minor crime cases that often occur around them. Because of this, the people's personal feelings of crime governance and social safety are basically produced through these minor crimes. Therefore, improving the level of light crime governance and quality and efficacy are a practical response to the people's higher security expectations. It is an inevitable measure to maintain social justice, promote good justice, and strive to make the people feel fair and just.

Light crime governance is facing new problems and challenges. Different from felony cases, minor crime itself is less harmful and lighter, the criminals are more likely to confess and regret, the probability of re -crime is low, the social relationship is better, and the social relationship is better. Therefore, it is necessary Adopt a special governance method that conforms to its characteristics. However, my country does not have a clear severity of crime, and insufficient awareness and effectiveness of accurate governance. Affected by the inertia of long -term felony governance, my country's light crime governance has not yet formed a complete and special governance system. In judicial practice, the phenomenon of minor criminal case procedures occur when the applicable is not smooth enough and the execution of the punishment is too strict. In addition, the current new types of minor crimes have increased significantly. These new types of minor crimes are late and new. The legislative regulations and judicial experience are insufficient, and the governance of light crime is facing certain challenges. Improve the level of light crime governance and quality is an inevitable choice to solve problems and cope with challenges. The procuratorial organs are in the governance of light crime

Responsibility and role play

Activating procuratorials is an important innovation of procuratorial concepts, and the ideological orientation of the procuratorial organs in the new era and new stage. As a prosecutor of crime and the supervisor of the lawsuit, the role of procuratorial organs in the governance of light crime is very critical, and it is an important force to improve the level of light crime governance and quality. In the process of participating in the governance of light crime, the procuratorial organs should follow the concept of procuratorial procuratorials, enhance their sense of responsibility and mission, actively actively show the procuratorial responsibility and governance wisdom, and help the governance of light crime. In the face of a new situation of light crime governance, the procuratorial organs should be based on the procuratorial functions, and effectively play a role in the following aspects:

Deepen the implementation of less prodigal judicial policies to arrest and prosecute the criminal detention. In April 2021, the Central Committee of the Central Committee comprehensively governed the country in accordance with the law to include the "persistence to catch less caught and be caught and sucks criminal judicial policies" into the key points of the year, marking that the prosecutor's concept of prosecutor is rising into the party and the country. Criminal judicial policy. In January 2022, the National Prosecutor (Expansion) meeting was held, and the Attorney General Zhang Jun emphasized that it was necessary to "deepen the implementation of less and prosecute the criminal judicial policy." "Capture" and "Be careful" are all requirements for the application of compulsory measures. In judicial practice, it has special functions for the implementation of minor crimes and cautious detention: due to the lighter crime and the small subjective malignant of the criminal suspect, the application of reducing the compulsory measures to reduce detention and strengthening the protection of judicial human rights are conducive to promoting the promotion Its transformation can better help them return to society; detention requires a lot of judicial resources. If the detention rate is high, the original limited judicial resources will be more tense, reducing the detention ratio of minor crimes, which is conducive to saving judicial resources and realizing optimized allocation , To allocate this part of the resource to the handling of felony cases; reducing the application of detention can reduce the hostility and confrontation of the suspect, thereby reducing the opposite of society and promoting social harmony and stability. Based on this, the procuratorial organs should further deepen the implementation of less caught and clarifying the criminal judicial policy. Specifically: First, pay attention to the update of the concept of lawsuits. The procuratorial organs should fully realize that less arrests are deepened by the criminal policies of Kuan Yan and Yiji, and strive to update their concepts and implement it effectively. Second, strengthen the need for detention. For minor criminal cases, procuratorial organs shall establish a more detailed and scientific and feasible review standards. During the review, the procuratorial organs should focus on social danger, rationally use hearing procedures to carry out substantial reviews, and make decisions accurately in accordance with the law. At the same time, a regular review mechanism should be established, the full review of the entire process should be implemented, and unnecessary detention measures should be changed in a timely manner.

Use the right of prosecution to achieve a minor crime diversion before trial. The governance of light crime requires the coordination of legislation and judicial coordination. At present, my country's criminal legislation is becoming more and more stringent, and the phenomenon of light crime is more prominent. In this regard, justice must have a response, we must pay attention to the establishment of a lawsuit mechanism of the separation, simplification, and fast -moving roads, and to do a good job of minor crimination cases. Procuratorate enjoying prosecution tailoring is one of the important features of the modern public prosecution system. The procuratorial organs correctly exercise the right to prosecution, attach importance to the necessity and rationality of the prosecution, and make decisions of not prosecution in accordance with the law in accordance with the law on qualified cases. Give full play to the pre -trial diversion and filtering of minor crime cases is an important part of the governance of light crime, and it is also an inevitable trend of the development of litigation. At present, it is necessary to strengthen the application of non -prosecution under the current legal framework. The procuratorial organs should deepen the implementation of less caution of criminal judicial policies, further unify the application standards for not prosecution, and refine the explanation of the "minor crime plot" in the legislation. Accuracy. At the same time, the applicable procedures should not be simplified, and the enthusiasm of the procuratorial organs should not be prosecuted. In addition, the procuratorial organs can also use the case guidance system to increase the relevant cases that have not been prosecuted in the application of minor crime cases, increase guidance, and promote the application of law.

Implement the system of confession and punishment from a broad system, and improve the level of sentencing of minor crime cases. The amendment of the Criminal Procedure Law in 2018 officially established a system of confession and punishment from the wide system and comprehensively promoted in practice. In the system of confession and punishment, the proposal of sentencing is no longer unilaterally made by the procuratorial organs. Instead, it is generated by the control and defense negotiation. It is a concentrated manifestation of the two parties. Huge difference. Because of this, the proposal of grasping torture has become the key to implementing the general system of confession and confession. The level of sentencing suggestions for improving the crime of confession and confession. Whether it is the implementation of the system of confession and punishment from the broad system, or the development of the development of light crime, it has practical necessity. On the basis of implementing the "Guidance Opinions of the People's Procuratorate's Crime Crime Cases and Penalty Cases", the procuratorial organs should further do a good job in sentencing the crime of confession and punishment. Essence Most of the cases of confession and confession are simple cases, sufficient evidence, and not controversial. Procuratorate should generally make proposals to determine torture. To this end, the procuratorial organs should refine the guidelines for sentencing, strengthen capacity training, and make full use of auxiliary methods such as big data to improve the quality of programs for sentencing crimes for confession and confession. Second, procuratorial organs shall strengthen the protection of rights in the process of generating torture. Although the case of light crime is mild, the procuratorial organs cannot ignore the prosecutor's right to guarantee the right to confess and confess their punishment. The procuratorial organs shall effectively fulfill their rights to inform the obligations and actively explore the evidence to open the system to ensure the right to know the prosecutor. It is necessary to respect the subject's position of the lawsuit of the prosecutor, respect the autonomous autonomy of the prosecutor, and protect the right to choose and express the right to the prosecutor. We must pay attention to the participation of defense lawyers and lawyers on duty, listen carefully to the opinions of the defense, and ensure that the lawyers perform their duties in accordance with the law.

Strengthen criminal enforcement supervision and the last level of good crime governance. Criminal execution is the last stage of criminal proceedings and an important part of the realization of punishment. In order to ensure the correct implementation of mild crimes, procuratorial organs shall strengthen criminal execution of legal supervision and put the governance of light crime in the last level of the lawsuit.

In June 2021, the Party Central Committee specifically issued the "Opinions of the Central Committee of the Communist Party of China on strengthening the legal supervision of procuratorial organs in the new era" (hereinafter referred to as the "Opinions"), and put forward new requirements for strengthening the legal supervision of the procuratorial organs. The content of criminal execution supervision in the "Opinions" should be used as a strong guidance for the enforcement supervision of minor criminal cases as a procuratorial organs. For example, the "Opinions" pointed out that it is necessary to "improve the work mechanism of the combination of procuratorial places such as prisons, detention centers and other regulatory places. The "Division+Tour" prosecution model has achieved complementarity of two procuratorial methods, which is conducive to the formation of more comprehensive and efficient supervision. In the next step, the patrol prosecution method should be improved, the functional positioning and refinement of case handling procedures should be clearly improved. Based on this, the organic combination of the procuratorial and inspection prosecution is promoted to strengthen the legal supervision of minor criminal cases in prisons and detention centers. For another example, the "Opinions" pointed out that we must "strengthen the supervision of community correction." With the deepening of light crime governance, as a method of implementing a punishment for non -supervisors, the role of community correction in minor crime cases will become increasingly prominent. Therefore, community correction will become a key area for procuratorial organs to strengthen the implementation of mild crimes. Procuratorial organs should actively explore new models such as community correction inspection procuratorials, consolidate supervision joint efforts, implement scientific and technological empowerment, and promote the standardization and effectiveness of community correction supervision.

(The authors are special professors from Shenzhen University, Li Yanling, a doctorate student at the School of Criminal Justice at the School of Criminal Justice of China University of Political Science and Law)

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