Technical assistance in handling cases, solving problems

2023-03-01

A few days ago, the Supreme People's Procuratorate issued six typical cases of "giving full play to the role of procuratorial technology to improve the quality and efficiency of handling civil procuratorial cases in the new era". With the "document inspection technology to assist in handling cases" as the incision, the Supreme People's Procuratorate told the case handling story of realizing accurate supervision of civil procuratorial work with procuratorial technology. "In the current civil procuratorial handling, procuratorial technology is playing an increasingly important auxiliary role." Feng Xiaoguang, director of the Sixth Procuratorial Office of the Supreme Procuratorate, said that the deep integration of civil procuratorial and procuratorial technology has greatly improved the efficiency of civil procuratorial supervision. No matter how deep it is hidden, it is impossible to escape the capture of the truth by procuratorial technology. From the handwriting, is it necessarily true that it is consistent with the writing habits of the parties? In the face of the "fake lawsuit" carefully designed by both parties to the lawsuit, how can the prosecutor find the clues of the fake? In the face of the conclusive appraisal opinions in the file, how do the procuratorial technicians eliminate the false and retain the true? In this batch of typical cases issued by the Supreme Court of Inspection, the vivid case practice has answered the above questions. Different from the previous style of focusing on the application of law and the interpretation of jurisprudence, this batch of typical cases focus more on the identification of facts through procuratorial technology, revealing the path and method of integrating procuratorial technology into civil procuratorial handling. Why should we make such adjustments to the production and development ideas of typical cases? Why should procuratorial technology be introduced in civil procuratorial cases? "In handling civil procuratorial cases, we should not only review the correctness of the application of the law, but also pay attention to the accuracy of the determination of the facts of the case." In the view of Hu Sibo, associate professor of the Institute of Procedural Law of the University of Political Science and Law of China, and executive deputy director of the Procuratorial Basic Theory Research Base jointly built by the Supreme People's Procuratorate and the University of Political Science and Law of China, civil legal cases are not isolated islands limited to legal logic and legal theory, but also with other majors The fields are closely related and closely related to social development, showing an increasingly complex trend. "In the case coming into the perspective of civil legal supervision, many controversial facts involve specialized issues, and many of them are beyond the scope of general prosecutors' knowledge reserves. Prosecutors uphold an objective and impartial position to achieve accurate supervision, and urgently need the involvement of procuratorial technical forces." Feng Xiaoguang said that in recent years, the number of cases handled by civil procuratorial supervision has continued to grow, and the types of cases have become increasingly rich, and relevant specialized issues Technical evidence has increased. The technical evidence review, which mainly appeared in criminal public prosecution cases in the past, now also plays an important role in civil procuratorial cases. The case of a dispute over a house sale contract in Hepu County, Guangxi Zhuang Autonomous Region is a concentrated reflection of the above views. "It is inclined to think that the handwriting of 'Luo Moulie' on the Real Estate Sale and Purchase Contract on November 14, 2013 is not written by the same person as the handwriting of the sample 'Luo Moulie'." With regard to the tendentious opinion that is crucial and determines the direction of the trial, the prosecutor has no small doubt - is the appraisal opinion scientific and reliable? Why should we use the expression of "tendentiousness" instead of the definite appraisal opinion? After careful examination of the samples and test materials, the procuratorial technicians believed that the original identification had obvious problems such as insufficient samples, insufficient identification basis, and lax analysis and demonstration, and finally made the following conclusion: "There are major problems in the original identification

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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