In April, 2022, the Supreme People's Procuratorate and the Ministry of Public Security jointly issued the revised provisions on the standards for filing and prosecution of criminal cases under the jurisdiction of public security organs (II) (hereinafter referred to as the standards for filing and prosecution (II)), which shall come into force on May 15. Among them, there are 23 charges involving the jurisdiction of supervisory organs. Combined with the practice of handling cases, the author gives some views on how to accurately understand and apply them. Compared with the standards for filing and prosecution (II) (hereinafter referred to as the original standards for filing and prosecution (II)) issued in may2010 and november2011, the standards for filing and prosecution (II) for prosecuting five non-state functionaries' job-related crimes, such as bribery, adopt the same criminalization standards as those for job-related crimes, such as bribery. Other crimes involving public officials in the exercise of public power, including the crime of breach of trust and damage to the interests of listed companies, which were investigated by the supervisory authorities according to law, were revised, and the prosecution standard was deleted for the crime of illegally operating similar businesses and the crime of illegally making profits for relatives and friends. The three charges, including the crime of illegally using funds, have not been amended, and the original provisions will continue. As for how to apply the charges under the jurisdiction of supervisory organs in the standards for filing and prosecution (II), according to the provisions on the time effect of applying criminal judicial interpretation issued by the Supreme People's court and the Supreme People's Procuratorate on December 7, 2001, if the acts before the implementation of the new judicial interpretation are handled after the new judicial interpretation, there are two situations: if there is no old judicial interpretation, the principle of "renewal" shall be adopted; If there are new and old judicial interpretations, the principle of "from the old and from the light" shall be adopted. Specifically, it can be divided into the following situations. The application of the standard case of raising the amount of prosecution. The standard amount of prosecution for the crime of illegally granting loans, the crime of absorbing customers' funds and the crime of illegally issuing financial tickets was raised from more than 1million yuan to more than 2million yuan. The direct economic losses caused by the crime of illegally granting loans, the crime of absorbing customers' funds and not entering them into accounts, the crime of illegally issuing financial bills and the crime of illegal bill acceptance, payment and guarantee are increased from more than 200000 yuan to more than 500000 yuan, which is one of the cases to be filed for prosecution. Compared with the original standard for filing and prosecution (II), the amount of filing and prosecution is increased. If the perpetrator files a case for investigation in accordance with the original standard for filing and prosecution (II) before the implementation of the standard for filing and prosecution (II), but the amount involved does not meet the standard for filing and prosecution (II), he shall be transferred to trial after the investigation. After the trial, he shall not be transferred for prosecution, but shall be given administrative sanctions according to law. If the judicial organ finds that the amount of prosecution has not been reached and makes a decision not to prosecute or declares not guilty when reviewing the prosecution and trial according to the standards for filing and prosecution (II), the supervisory organ shall re examine the original administrative sanction and maintain the original administrative sanction if it considers that the facts of the original administrative sanction are clear and the qualitative treatment is appropriate; If the facts of the original administrative sanction are clear, but the qualitative treatment is improper, it shall be corrected in time and a decision shall be made to change the administrative sanction, or the original administrative sanction shall be revoked and a new decision shall be made. The application of the standard case of reducing the amount of prosecution. For the crimes of bribery of non state functionaries, the prosecution standard is reduced, and the same criminalization standard as the duty crimes of state functionaries such as bribery is adopted. Among them, the prosecution standard for natural person crimes of five crimes, including bribery of non-state functionaries and job embezzlement, was reduced from more than 60000 yuan to more than 30000 yuan. The prosecution standard for units suspected of offering bribes to non-state functionaries remained unchanged at 200000 yuan. In the crime of misappropriation of funds, the standard of prosecution for not paying back or engaging in profit-making activities for more than three months was reduced from more than 100000 yuan to more than 50000 yuan, and the standard of prosecution for engaging in illegal activities was reduced from more than 60000 yuan to more than 30000 yuan. According to the principle of "from the old and from the light", if the above-mentioned criminal acts are committed before the standards for prosecution (II), the original standards for prosecution shall still be followed; If the above-mentioned criminal acts are committed after the filing and prosecution standard (II), the cases of more than 30000 yuan but less than 60000 yuan shall also be filed for investigation according to the new prosecution standard, and the interpretation and reasoning of the law shall be done well. The application to the case of adding relevant prosecution situations. The crime of breach of trust impairing the interests of listed companies has increased the number of shares issued by enterprises or company, enterprise bonds and depository receipts, and the crime of financial staff buying counterfeit money or exchanging counterfeit money for currency has added a kind of prosecution situation and a cover clause, that is, the total face value is more than 2000 yuan or the amount of money is more than 200 pieces (pieces), and they have received administrative punishment for holding and using counterfeit money within two years, and also hold and use counterfeit money; In other cases where the possession or use of counterfeit money should be investigated for criminal responsibility, the legal net of accountability should be further established. If a public official commits the above-mentioned acts before the standard for filing and prosecution (II), and the acts continue after the implementation of the standard for filing and prosecution (II), he shall be investigated for criminal responsibility in accordance with the standard for filing and prosecution (II). Application to the case of deleting relevant prosecution situations. Since the crime of illegally operating similar businesses is the crime of illegally making profits for relatives and friends, the crime of dereliction of duty of personnel of state-owned companies, enterprises and institutions, the crime of abuse of power of personnel of state-owned companies, enterprises and institutions and other dereliction of duty crimes are the crimes under the jurisdiction of the supervisory organ and the public security organ respectively for different criminal subjects. In February this year, the state Regulatory Commission issued the opinions on Several Issues concerning the application of law to the handling of cases of malfeasance by managers of state-owned enterprises, which stipulated that the state regulatory commission and the "two Supreme People's congresses" should issue new prosecution standards, and the cases before the introduction of the new regulations can be handled with reference to the original prosecution standards for filing cases (II). Cases after the introduction of the new regulations should be handled according to the principle of "from the old and from the light". The application to cases with increase or decrease of prosecution. The prosecution standards for the crime of trading with unpublished information have been greatly changed. While appropriately raising the amount standard, the standards for criminal means, circumstances and harmful consequences have been added, and some prosecution cases have been deleted. Among them, in the crime of luring investors to buy and sell securities and futures contracts, the amount of direct economic losses caused to investors is increased from more than 50000 yuan to more than 500000 yuan, the "accumulated" of the accumulated amount of profits or avoided losses is deleted, and the criminal circumstances are added, that is, although the above amount standard is not met, investors are lured to buy and sell securities and futures contracts for many times. For those who commit the above-mentioned criminal acts before the standards for filing and prosecution (II), it is necessary to compare the old and new judicial interpretations and decide whether to file a case and transfer it to the judicial organ from the perspective of benefiting the investigated person. (zhangjianfeng, Shanghai Songjiang District Commission for Discipline Inspection and supervision) (outlook new era)