How to develop recognizable boutique cases?

Take the lead in carrying out a barrier -free environmental construction public interest lawsuit, support the "Hangzhou Women's Express Courier and Slander Case" victims to sue public prosecution, and make decisions on the defense case of Zheng Chunping's legitimate defense case in accordance with the law ... In recent years, Zhejiang Hangzhou procuratorial organs have strengthened their awareness of boutique and paid close attention to grasping. The quality of the case has a number of typical cases. Since 2018, the cases of Hangzhou Procuratorate have been selected as the instrumental cases and typical cases of the Supreme People's Procuratorate.

The boutique case is the "mirror" of refracting the level of procuratorial business, which is the "ruler" of the quality of the case. In the provincial capital cities, in the face of a large number of cases, the challenges of new types, major and difficult and complicated cases, how to handle high -quality cases with Hangzhou -Hangzhou examinations have become the key. "Hangzhou Procuratorate has worked hard on refined, and does articles on normalization. From cases to cases, we continue to 'Code" Liang Hangzhou Prosecutor's Case's "fine' business card."

Wisdom Case

Realize the dynamic integration of case handling and case summary

On the afternoon of June 1 this year, the criminal prosecutor police officer of the Hangzhou Procuratorate held a "brainstorm". Sang Tao, a national procuratorial business expert and the prosecutor of the Fuyang District Procuratorate of Hangzhou City, carefully explained "several issues in the collection and review of criminal proceedings".

This is a microcosm of the Hangzhou Procuratorate to create a "practical training" special education and training brand. Through real cases, real persons, and real scenes, "analysis of one case, one case, one analysis" in the form of "prosecutor and prosecutor" Essence

The Hangzhou Procuratorate held a large class of "practical training", focusing on the theme of "Public Public Prosecution Skills Training" and combined with specific cases.

According to reports, after more than two years of practice, the "practical training" has achieved full coverage of the "four major procuratorials" and "top ten business" and is constantly innovating. In 2020, the Hangzhou Procuratorate established a learning mechanism of the procuratorate of the city's two -level procuratorate in the city, focusing on the refining of high -quality cases, inviting to undertake prosecutors and related personnel to communicate with "case teaching" and "discussion teaching" to enhance the case awareness. Improve case mining level. At present, the court has launched the "True True Case True Training" model to move the court to the classroom. The prosecutor will debate around the focus of focus, and invite procuratorial business experts and outstanding public prosecutors to comment.

"It's not enough consciousness. If you want to plant" Golden Seeds ", you can't do without the strong blessing of 'Good Land". "The relevant person in charge of the Hangzhou Procuratorate said. As early as 2018, the Hangzhou Procuratorate introduced the "Ten Opinions" on boutique cases, and proposed to start from the aspects of adaptation, refined case handling, and strengthening summary transformation. The "Hangzhou Standard Specification" system of the Great Prosecutor's Procuratorate realizes the dynamic integration of the case handling and the discovery of the case.

As a result, the excavation of Hangzhou Procuratorate's boutique case entered the "fast track". Taking criminal prosecution as an example, the Hangzhou Procuratorate stipulated in the "20 Opinions" of the "20 Opinions" to improve the quality and efficiency of public prosecution, and strengthen the quality and efficiency of case handling through early intervention of cases, level review guidance and simplified cases, and refinement of the rebirth. Management and the full process of quality control throughout, review, arrest, review and prosecution, etc., to achieve the summary and common promotion of procuratorial case handling and cases.

"The procuratorial work of the Hangzhou Procuratorate of the Procuratorate of Hangzhou City has only been explored for more than four years, and 11 typical cases have been written into the highest procuratorial work report. This is the best proof." Bi Ke, deputy director of the sixth procuratorial department of the Hangzhou Procuratorate Come and say emotion.

Carving

Promoting the source of complaints to highlight case value

The country's first case of "Single Swipe Stir -fried Letters", the first coding library in the country, and the nation's first WeChat unblocking case ... Hangzhou, as the "Internet capital", has emerged endlessly. In order to accurately crack down on cyber crimes, the Hangzhou Procuratorate regulated business experts in the city and specially established a "special forces" that gathers the elites of the city's case handling. By setting up an external expert "think tank" and strengthening prosecutor's linkage, we will concentrate their efforts to solve cyber crimes. Professional problems.

When applying for a WeChat unblocking case, Pan Yingying, one of the members of the "Special Forces", encountered a "problem": WeChat unblocking is not the behavior listed in the judicial interpretation. Intersection

"Strictly cracking down on WeChat unblocking black and gray industries, it is of great significance to cut off the entire criminal chain and crack down on upstream and downstream cyber fraud crimes." Other members of the "Special Forces" gave the answer as soon as possible. Under the allegations of the procuratorial organs, Gao and Zhang were sentenced to punishment for the crime of helping the information network.

Not only in the case of cyber crime, the Hangzhou Procuratorate also proactively actively found problems and management loopholes from the case handling in the case, and promoted the governance of the source of complaints through the issuance of procuratorial proposals. In addition, the hospital has achieved the effect of "handling a case and governing one" effect through the case of "detonating" case supervision effects.

In January 2021, the Hangzhou Procuratorate deployed the special supervision operation of procuratorial public interest litigation in the information -free field in the city's procuratorial organs, focusing on the existence of high -frequency matters and service scenarios involving disabled people and the daily life of the elderly in travel, work, cultural and entertainment. The incubation -free environmental construction is illegal, and key supervision is carried out on this.

In May 2021, the procuratorial organs of Zhejiang Province urged the standardized cases of public interest -free environmental public interest litigation cases for the establishment of an administrative public interest litigation of barrier -free environmental construction. As of March this year, the special operation found a total of 16 illegal points involved in the case involving 6 districts, counties (cities), and 8 cases of administrative public interest lawsuits. Cash and other illegal circumstances; 8 prosecution proposals for public interest lawsuits to relevant functional departments to issue 8 prosecution proposals to urge them to fully perform their duties in accordance with the law, and multi -dimensional to promote the construction of information -free environmental construction. Draw the finishing touch

Refine typical elements and strengthen demonstration leadership

In 2020, after the "Hangzhou Women's Courier was slandered", under the guidance of the Supreme Procuratorate and the Zhejiang Provincial Procuratorate, Hangzhou Procuratorate quickly responded to actively actively actively promoted the effective effect of "rigid" supervision with "flexible" procuratorial proposal. The thirty -fourth batch of the Supreme Procuratorate, "Typical Cases of the Congress of the Congress of the Communist Party of China since the 19th National Congress of the Communist Party of China" and so on.

In the process of handling the case, the procuratorial organs actively transmitted the concepts of "people -centered", "win -win win -win and win -win", "supervising and handling cases in the case", highlighting the leading role of prosecutors in creating boutique cases. In the stages of various lawsuits, such as early intervention, review and prosecution, and case trial, they pay close attention to factors such as legal policies, value -oriented, social conditions and public opinion, which not only responds to the new requirements of personality protection in the civil code, but also awaken the "sleeping asleep sleeping as defamation in the criminal law. Terms.

In recent years, Hangzhou Procuratorate has focused on refining typical elements from fine cases, improving the replication and promotionability of boutique cases, and prying procuratorial supervision and implementation with boutique cases.

In order to effectively solve practical problems such as the hidden hidden clues of minors and difficulties in the collection of evidence, the Hangzhou procuratorate pioneered the compulsory reporting system of the minor to infringe, and the system was later written into the Protection Law of the Minor. Among them, the city's procuratorial organs found and handled the mandatory obscenity case and the case of Li Mou's child molestation in children's cases, such as the case of compulsory reporting system of minor cases, provided guidance for sexual assault criminal cases of sexual assault.

At the same time, the Hangzhou Procuratorate has carefully done the "second half" article that uses fine cases to lead high -quality development, and actively builds a large pattern of procuratorial business, information, publicity, and investigating the "one game of chess" -normalization of case compilation and selection work, and continues Output Hangzhou inspection case "White Paper"; regularly compile various types of fine cases to improve the fine case resource library; launch the "Speaking Case", "Legal Risk" and "Big Data Cases" and other boutique case series columns on the official WeChat "Hangzhou Procuratorate". Hangzhou Procuratorate Good Story.

"From the case to the case, it is the improvement of the concept of handling the case, and it is also the jumping of the quality and efficiency of the case, and it is also the leading leadership of the case for the case!" Ye Weizhong said that in the next step, the Hangzhou procuratorate will continue to dig deep into the case of the case, and promote the fine case in " The "volume continues to rise, continuously breakthrough in" quality ", promotes high -quality legal supervision, and enables running for the construction of a common prosperity demonstration zone.

Gongshu: "One -stop" communication promotes the substantial resolution of controversy

"If there is no procuratorial organs, I don't know when I can live in a new house." Recently, when I talked about this 4 -year case, Ni Mou, who had finally solved the knot, choked. Because of the well -promoting resolution of administrative disputes, Ni complained that the government information disclosure supervision case of the Zhejiang Provincial Cultural Relics Bureau was selected as the highest prosecution "prosecution for private affairs" -the typical cases of administrative procuratorial and the people.

In 2017, Ni was placed to a nearby plot due to the renovation of farm houses in the village. In 2018, the plot was identified as a thousand -year -old Zhang An old city site. It needs to be developed in time. Ni's resettlement house construction was suspended. As a result, Ni applied for government information disclosure to the Zhejiang Provincial Cultural Relics Bureau. Ni filed a lawsuit in the court because of doubts about the content of the public information, but the court ruled to be rejected by the court because of the time limit of the prosecution, and his application was rejected.

In November 2020, Ni applied for supervision to the Procuratorate of Gongshu District of Hangzhou. The procuratorial organs were reviewed that the court rejected the prosecution on the grounds that the prosecution period was not improper, and then made a decision that did not support the supervision application in accordance with the law.

It is not the end point for not supporting supervision applications. "Ni Mou's failed to implement the house and many years of snails in the worn -out old houses, we must protect their legitimate rights and interests." Gongshu District Procuratorate decided to promote the substantial resolution of administrative disputes and set up a case handling team.

Through investigation and obtaining evidence, listening to the demands of the parties, and visiting relevant administrative agencies, the case handling team clarified Ni's substantive appeal in "Implementing the resettlement houses as soon as possible" and "requiring the government to explain the archeological work and use of the site."

The Procuratorate of Gongshu District held a public hearing to build a "one -stop" communication bridge for all parties.

In order to effectively resolve contradictions, in March 2021, the Procuratorate of Gongshu District held a public hearing to build a "one -stop" communication bridge for all parties. At the hearing, the cultural relics department explained the development of the site and subsequent plans. After Ni fully expressed the demands, the relevant administrative agencies also promised to accelerate the resettlement work in different places.

In the end, the parties of the controversy reached an agreement on the problem solutions, and Ni expressed a complaint on the spot. After the hearing, the case handling team coordinated the local street for Ni to complete the approval procedures for resettlement housing, and supervised the issuance of compensation for resettlement in different places.

[Typical significance] In the case, the procuratorial organs did not simply make a decision on the decision of the application for supervision, but to carry out administrative dispute resolution from the substantive demands of the parties, and do good things for the people and do good things. When a public hearing was held, the prosecutor carried out the interpretation of the law and the publicity of the law, and helped the case to end the affairs. West Lake: After applying for compulsory execution, a lease contract emerges

"Thanks to the procuratorate to support me, it has safeguarded my legitimate rights and interests." Recently, Hu in Hangzhou, Zhejiang Province finally showed a smile.

In November 2011, Hu was lent to Dong Mou 8 million yuan. Dong mortgaged with real estate and registered for mortgage in December of the same year. After the loan expires, Dong Mou did not repay, and Hu Mousu ​​sued him to the court. Subsequently, Hu's application for mandatory execution based on the court's decision hoped to mortgage the right to pay priority to his claims.

At this moment, Mao issued a contract with Dong to rent the mortgage real estate for 20 years, and the one -time payment of 4 million yuan in rent. Based on this, the executive judge carried out rent auctions on the mortgage property, and was sold at a low price after three streams. Hu believes that there is a problem with the lease contract, and then applied for supervision to the West Lake District Procuratorate in Hangzhou in June 2020.

After investigation, the prosecutor found that the lease contract was signed on April 1, 2011, but the actual payment of the rent was on March 29, 2012, and the one -time payment of 20 years of rent was 4 million yuan, which was obviously inconsistent with common sense. Through further investigation of bank transaction records, the prosecutor found that the transfer record of 4 million yuan of rent was actually "payment", and there was a record of suspected regular payment of interest after transfer. The lease contract is legal and valid and violates legal procedures.

The Procuratorate of the West Lake District was reviewed that the executive judge may be suspected of crime and then reported the clues to the Hangzhou Procuratorate. The two -level procuratorate linkages, civil procuratorial and criminal investigation cross -departmental integration cases, and finally verified that the lease contract between Mao and Dong was maliciously colluded with forgery. Executive judges illegally confirmed that Hu Mou suffered major losses and seriously damaged judicial credibility. In February of this year, Dong and Mao Mou were sentenced to prison for the crime of refusing to implement the verdict and ruling.

As of now, Dong and Mao Mou have refunded 820,000 yuan. The property involved was purchased by the goodwill lessee, and the corresponding funds have been paid to Hu Mou. In April this year, the case was released by the highest inspection as a typical case.

[Typical significance] In the case, the procuratorial organs promoted the review, investigation and investigation work simultaneously, and seriously investigated the criminal liability of the executed person and outsiders who refused to implement the judgment and ruling. Ensure that the "three effects" of the case handle are organically unified.

Yu Hang: The case of "separation" obscenity case promotes the governance of the Internet industry

Together with criminal cases, it promotes Internet companies to conduct self -inspection and rectification of the network products and services it provides, and actively solve problems in the protection of minors' network protection.

It was due to the obscenity of children in 2019. At that time, the defendant seduced a girl under the age of 10 to take nude photos and videos to "separate" the girl. After inspecting the defendant's mobile phone, the prosecutor of the Yuhang District Procuratorate in Hangzhou found that there were other girls who were killed.

After investigation, these girls and defendants used a short video app, and the defendant used the functions of software to push and private messages to gradually deceive children's trust and eventually infringe them through the Internet.

"Why can these children register for the app? Why are parents in the drums? Why is the information of the children pushed?" Faced with a series of questions, the prosecutor handling the case aware that there may be loopholes in the supervision of the app involved in the case, so this will be this. The clues of public interest litigation are reported to the highest prosecution step by step. Under the guidance of the highest prosecution, the Hangzhou procuratorial organs fully solicited and attracted the opinions of all parties, and took the case as a breakthrough, actively and steadily carried out civil public interest lawsuits, promoted network operators and Internet companies to improve industry norms, and effectively strengthened personal information about minors to minors. Network protection.

In March 2021, the Yuhang District Procuratorate sued a short video company to infringe on the civilian public interest lawsuit of children's personal information, and the case was issued after the court issued a mediation letter. The company has no objection to the demands such as stop infringement, apology, elimination of impact, and compensation losses proposed by the procuratorate, and has conducted comprehensive rectification of existing problems. After the implementation of the Civil Code and the revision of the Protection Law of the Minor, the procuratorate's first case of civil public interest litigation proposed by the procuratorial organs for the "Minor Network Protection". In March of this year, the case was selected as the thirty -five batch of guidance cases of the Supreme Procuratorate.

Up to now, the company involved in the case has made 36 major items and more than 70 small items. For example, the key implementation of the "Guardian's Agreement" rules, formulating separate children's personal information protection rules, user agreements, and creation of independent algorithms involved in the content of minors involved in the content of minors. Essence

[Typical Significance] Procuratorates take the case as a breakthrough, actively and steadily carry out civil public interest lawsuits, promote network operators and Internet companies to improve industry specifications, assume good social responsibilities, and effectively strengthen network protection for personal information of children.

Fuyang: 0571 phone fraud is no longer rampant

"When I received a call from the 0571 area code, I didn't expect to be a fraud phone call, not to mention that the other party could still tell my real information." Recently, Mr. Zhang in Fuyang District, Hangzhou City, Zhejiang Province talked to reporters that he was deceived. experience. After investigation, in June 2021, Zeng Mou was instructed to rent a private house in Fuyang District with others to apply for 60 fixed phone numbers in the name of online broadcasting and installed a telephone converter. Subsequently, in just 4 days, more than 30 people were deceived because they received a call from the 0571 area code 0571, and more than 100 million yuan fell into the pockets of criminals.

The Fuyang District Procuratorate assigned the prosecutor to involve the investigation in advance. Through comprehensively inspecting the information of the case, it was proposed that the case should be qualitatively changed to the crime of helping the information network crime activities, and guided the public security organs to clarify the subsequent investigation direction.

The prosecutor of the Fuyang District Procuratorate checked the non -detained digital monitoring system.

During the review and arrest stage, the prosecutor combined the criminal plot of Zengmou, evaluated its social danger, and made decisions of arrest in accordance with the law. During Zengmou's bail pending trial, the hospital relying on the non -detention digital monitoring system developed by Hangzhou to achieve real -time supervision of Zengmou, a non -detained person in different places.

"Not catching" is not equal to "not complaining." After the case was transferred to the Fuyang District Procuratorate for review and prosecution, the prosecutor believed that the criminal method of handling a fixed telephone number and transforming into a regional code to implement telecommunications fraud should be criminally cracking down on time. In November 2021, the Fuyang District Procuratorate filed a public prosecution. In the end, Zeng Mou was sentenced to ten months in prison for helping the information network crime activities for helping the information network crime.

During the handling of the case, the prosecutor found that there was a loophole in the local telecommunications security management, and then issued procuratorial suggestions to the telecommunications department to promote risk prevention. In January of this year, the case was selected as a typical case of telecommunications network fraud and their associated crime cases to be implemented with less caught prosecution.

[Typical significance] In combating the crime of governance of telecommunications network fraud, the procuratorial organs accurately grasped the relationship between strictness according to law and less caught and caught prinerous judicial policies, so as to be strict and strict, and at the same time conform to digital reform reform It is required to actively use digital means to help reduce pre -trial detention rates.

(Prosecutor's Daily Fan Yuehong Shi Ji Zhao Yun Zhang Yongrui Wang Xinyu Cai Yizheng Shen Ling)

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