The person in charge of the Supreme Procuratorate of the Supreme Prosecutor's Sixth Procuratorate on the 38th batch of guiding cases of the Supreme Procuratorate Answers Answers

Strengthen the supervision of civil referee

Lay by the people's good life

——The person in charge of the Supreme People's Procuratorate of the Supreme People's Procuratorate shall ask the reporter from the 38th batch of the 38th batch of the highest prosecution.

The highest prosecution recently released the thirty -eighth batch of guiding cases with the theme of civil -effective referees. The reporter interviewed Feng Xiaoguang, a member of the Supreme Prosecutor and Director of the Sixth Procuratorate of the Supreme Prosecutor's Office and the director of the Sixth Procuratorate on the relevant background of the case selected by the case and the procuratorial organ.

Reporter: This year is the second anniversary of the promulgation of the Civil Code. At this time, what considerations are based on the publication of the guidance and guidance of civil juice supervision?

Feng Xiaoguang: On the second anniversary of the promulgation of the Civil Code, the highest prosecution publishes the 38th batch of guiding cases with the theme of civil -effective referee supervision, mainly in the following aspects:

The first is to further deepen the people -centered judicial concept, and protect the various civil rights confirmed by the Civil Code into the implementation. In the new era, the awareness of the rights and the rule of law of the people's rights is increasing, and it is generally hoped that the protection of rights is more fully and effective. As a declaration of the people's rights in the new era, the Civil Code is based on civil rights as the "Scripture" and the protection of civil rights as "Wei". There are many institutional innovations in protection, which further enriches the scope and connotation of civil rights.

However, the law of apprenticeship is not enough. How to protect the protection of the people's rights to the people is a major test of the due diligence of the procuratorial organs. The supervision of civil referees is the procuratorial organs' effective civil judgment and ruling of the court. It is the basic work and core content of civil prosecutors. It focuses on reflecting the ability of procuratorial organs to apply the value of civil law such as civil laws and the value of correction. On the occasion of the second anniversary of the promulgation of the Civil Code, through the release of this batch of guidance cases, the issues that have greater controversy in legal practice in judicial practice, I hope to maximize the consensus, further unify the judicial judgment standards, and respond to the people's relevant rights in a timely manner The demand for the rule of law in protection is promoted to the implementation of the rights confirmed by the Code of the Code, and the implementation of the judicial concept of the people's supremacy into the entire process of judicial cases and all links, so that the people can truly feel fairness and justice.

The second is to further demonstrate the combination of civil procuratorial public rights supervision and private rights relief attributes, and effectively safeguard the legitimate rights and interests of the people. The core of the monitoring of civil -effective referees is the supervision of the public power of civil judgment, but from the perspective of business attributes, the supervision of civil effectiveness referee is based on the facts of the case and the application of civil law. Problems of legitimate rights and interests. For example, No. 157 Chen Mou and Xiang Gui House Leasing Contract Society Anti -Comment in the face of the parties exhausted in various ways to lift the contract without the results of the contract. It also relieved the parties' dilemma in defending their rights, and effectively protected the legitimate rights and interests of the parties. By issuing guiding cases in this batch, we hope to further guide civil prosecutors at all levels while supervising and correcting wrong judicial referees, and effectively exert the function of the relief of the rights of the parties and implement the spirit of the Civil Code.

The third is to further ensure the implementation and correct implementation of the Civil Code and contribute to the high -quality development of the economy and society. High -quality development requires a high level of rule of law. Only under the "largest convention" of the rule of law, can the majority of people enjoy a more realistic sense, happiness, and security. It is hoped that the guidance cases are issued in this batch, and the localities are guided to promote the correct and unified implementation of the people's codes through supervision work, and achieve win -win win -win results. At the same time, the prosecution proposals of the category of cases discovered are actively integrated into social governance. System and governance capabilities modernization contribute to procuratorial forces.

Reporter: In recent years, civil procuratorials have been emphasizing precision supervision. How can this batch of guiding cases reflect precision supervision? How will civil prosecutors do a good job of precision supervision in the era of civil science?

Feng Xiaoguang: Civil legal relations are complicated. Procuratorate must focus on outstanding issues and accurately perform supervision duties. The "essence" of precision supervision is a typical case that requires procuratorate to focus on the concept of the rule of law and judicial activities. Judicial concepts, policies, and guidance issues; "quasi" is to determine the facts of the case clearly and the law is correct. Based on this, choose appropriate supervision methods according to the specific situation of the case. Specifically, precision supervision requires that procuratorial organs will strive to achieve accurate discovery, accurate review, and accurate treatment in the censorship of civil -effective referee supervision cases.

Accurate discovery is the prerequisite and foundation of the precision efforts of civil procuratorial supervision. The procuratorial organs need to accurately grasp the basic laws of civil and commercial litigation activities, understand the development dynamics of related economic and social fields, and then accurately discover problems in the operation of trial rights. Generally speaking, civil and commercial cases are the true portrayal of economic and social, and the true reflection of changes in the elements of economic infrastructure in the field of upper -level construction. Therefore, in the case of civil and commercial cases, the procuratorial organs need to be sensitive to law and policies in cases of abnormal borrowing behavior in case 155 and "one -bedroom and two sale" in case 156 cases. It is also necessary to find out the issues that need to be improved and amended during the operation of civil trial rights, such as the "trial" or improper exercise of free tailoring in cases in case 154 and 156. The premise and foundation of precision supervision. At the same time, we must also strengthen their duties and enhance the awareness of active discovery of case clues. For example, the clue of the case No. 156 of the case is that the procuratorial organs actively discovered in another case, and then actively supervised the civil referee involved in the duty and actively fulfilled the active performance Procuratorial supervision function. Precision review and precise treatment are important processes and methods to achieve precision supervision. When prosecutors are required to adhere to the "precision supervision thinking" and craftsmanship, adhere to an objective and fair position, and select appropriate supervision methods based on the content of the review. For example, a small loan company No. 156 a small loan company and a real estate company borrowing contract dispute against the protest case. After investigation by the procuratorial organs, it was found that the information consulting service department was established by a small loan company. "Two brands", the consulting fee and service fee charged to a home company nominal the information consulting service department are actually interest charged by a small loan company on behalf of a small loan company. It aims to avoid national financial supervision and obtain high interest rates in violation of regulations. Under the premise of accurately reviewing a small loan company in this case, there is an avoided industry supervision, a disguise to collect high interest, and disrupting the national financial order, the procuratorial organs believe that through the case correction, it can play a role in using the legal effects and amplify the legal effect. How to identify and supervise local financial organizations to issue loans in violation of regulations, further maintain normal transaction order, and purify the financial environment to play a guidance role, and then propose accurate supervision of protest methods. The same is true of several other cases. The procuratorial organs through reasonable selection of prosecution or retrial procuratorial proposal methods to supervise correction and correction of the spirit of the Civil Code and regulations that do not consistent with the provisions of the Civil Code. Related regulations for the termination of the contract.

In the era of the Civil Code, in order to further accurate supervision, we will continue to deepen the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorate in the New Era", taking the opportunity of "Quality Construction Year", to strengthen the supervision of civilian referee supervision The supervision work is to further strengthen their duties, and focus on strengthening the handling of civil procuratorial cases in the fields of civil loans, buying and selling contracts, and construction engineering involving people's livelihood, closely related to economic and social development. Based on the legal provisions of the Civil Code of the Civil Code, comprehensively consider the law, rationality, and affection, to supervise and promote fairness, and strive to achieve the "same frequency resonance" of the Civil Code learning and implementation of the accurate supervision of the civil procuratorial accurate supervision. Economic and social policies and important role in advancing social integrity and morality.

Reporter: The guiding cases of this approval are not only the prosecutor's response cases, but also the cases of the procuratorial agency proposed by the procuratorial organs. What are the supervision methods of the procuratorial organs and how to choose the appropriate supervision method?

Feng Xiaoguang: The guiding cases of this approval embodies the diversification and three -dimensional supervision pattern of procuratorial organs. According to the provisions of Article 50 of the People's Procuratorate's Civil Procedure Regulations, the supervision method of procuratorial organs' supervision of civil juvenile supervision cases includes a protest, submitting procuratorial suggestions, proposal proposals, and response to prosecution. Among them, for the court's effective referee existing in the "Civil Procedure Law of the People's Republic of China" one of the cases stipulated in Article 207, such as the lack of evidence proof of the basic facts identified, and the applicable law is indeed wrong. The court proposed a retrial prosecution proposal or protest. There are three cases in the guiding cases of this approval of this approval of prosecution, and one case is to supervise the prosecution proposal by retrial.

How to choose appropriate supervision methods? As mentioned in the "precision supervision" just mentioned, choosing a suitable supervision method is a specific manifestation of precise treatment. Generally speaking, if the referee is wrong in applicable laws, it has certain guiding significance for the handling of similar cases, and has correction, innovation, progress, and leading value. "Noodles" in related fields. For example, cases No. 154, 155, and 157 are supervised by protest. The procuratorial suggestion is an important way for the procuratorate to supervise the same level of supervision at the same level. Compared with the "rigidity" of the protest, the retrial procuratorial proposal has the characteristics of flexible and negotiated. If the referee is only wrong in facts or violates the legal litigation procedures, such cases are supervised by procuratorial agencies at the same level by reviewing procuratorial proposals. Compared with the prosecutor's prosecutor's prosecutor's prosecution, it can promote the court to give full play to the internal trial internal trials. The role of the supervision mechanism is conducive to saving judicial resources. For example, case 156 is a typical case for procuratorial organs to supervise the prosecution proposal through retrial procuratorials. In general, in the process of supervision, according to the supervision content of the effective referee, the procuratorial organs rationally choose the appropriate supervision method, and will propose to supplement and organize the prosecution proposals of retrial. The three -dimensional civil procuratorial supervision pattern, strives to make precise supervision and deepen.

Reporter: There are two cases of guiding cases in this batch of cases focusing on private lending disputes. What are the considerations? In the case of civil lending disputes, how does the procuratorate promote the governance of related industries?

Feng Xiaoguang: In recent years, with the development of economic and social development, the number of civil lending disputes has been in a high incidence, and the proportion of civil prosecutors is very high. At the same time, the main body of civil lending disputes is increasingly diversified, legal relationships are complicated, and the facts of the case are also intricate. There are many difficulties in handling such cases. Therefore, we hope that through the release of this approval case, we will not only guide some common laws of law or difficulty in handling cases, and guide procuratorial organs to better promote social governance of related industries and help maintain transaction security and financial order.

The first is to focus on the difficulties of supervision and refine the guidance of the case. In the case of civil lending disputes, the parties used to prove that the licenses such as the debit or receipt of the loan or repayment are often orphan or the flaws of the existence of existence or content. Become a difficulty of supervision. For example, seven people, including Li Mourong No. 154, and Li Mouyun's civil loan dispute against the law, repayment vouchers are not only solitary certificates, but also contradictions between the four appraisal opinions. After review, the procuratorial organs believe that the appraisal opinions do not directly become the basis for judgment. Otherwise, the appraisal is out of the trial procedure, and the parties cannot defend them. Through the supervision of the case, the procuratorial organs further clarify that the case of similar civil loan should consider the appraisal content, appraisal procedures, appraisal qualifications, and whether the parties can fully exercise the right to claim at the key node. Evaluating the information to prevent the occurrence of "review by the book".

The second is to strengthen their duties and promote industry governance. Cases of private lending disputes not only show high and difficult characteristics, but also closely related to national economic policies and financial order. At present, some small loan companies deviate from the original intention of effective allocation of financial resources and guiding funds, especially private funds to meet the real economy, "agriculture, rural areas", small and micro enterprises, and low -income people in cities. In principle, illegal lending and even violations of regulations, and even violated national real estate regulation measures in the form of down payment loans and business loans illegal to buyers to lend. This not only increases its own operating risks, but also increases social financial leverage, increases financial risks, and even endangers national financial security. For example, in the case of a small loan company No. 156, a small loan company with a real estate company borrowed contract dispute and protest case, a small loan company avoided supervision, and by setting up a related company, the principal of the pre -deduction borrowing was established Means to damage the legitimate rights and interests of the borrower. In addition, there are multiple layers of nested high -profile loans in judicial practice to disturb the financial market order. In response, the procuratorial organs should strengthen the supervision of case litigation on the one hand. Standardize operations. On the other hand, the procuratorial organs should be more "big in the country", based on the case review cases and industry issues, accurately understand the requirements of national financial regulatory policies and judicial practice requirements, actively integrate into social governance, and actively develop social governance to relevant regulatory departments to the relevant regulatory authorities. Procuratorate proposes to promote related issues, and maintain financial order and financial security in accordance with the law.

Reporter: The Supreme Procuratorate's guidance cases are both houses that ordinary people are generally concerned about, and they often occur in rent disputes. How can I consider the selection of these "small cases" as guiding cases?

Feng Xiaoguang: The so -called people's livelihood has no trivial matter and civilian. Some cases in this batch of cases are not large involved in the case. For example, the case of Chen Mou No. 157 and Xianggui House Lease Contracts and Active Cases. Although the rent is not high, the parties have been rented out of the house from the beginning of the decoration. People block, the lessee almost exhausted all the contracts to terminate, such as negotiation, litigation, issuing notice, etc., but the lease contract cannot be lifted, and the rental house cannot be used. It is a big thing that is difficult to work hard to solve the role of civil prosecutions. Therefore, the guiding cases of these batches focus on the small cases around the people, that is, we must implement the people -centered judicial concept to reflect the political attributes of civil prosecutors as the people. In the new era, the people's demand for democracy, the rule of law, fairness, justice, safety, and environment is increasing, which is also concentrated in civil cases. Civil cases involve a wide range of cases and a large amount of cases, which are closely related to the lives of ordinary people. Regardless of the size and disputes, even the so -called "small cases" are related to the vital interests of individuals and families for the parties. They are "big things". By issuing guiding cases in this approval, we hope that civil procuratorial departments at all levels can always adhere to the people's feelings for the people in the case of the case, and to use their hearts to handle these cases. Let the people feel the sun of the rule of law from the specific cases.

(Yu Xiao)

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