Promoting the Modernization of Criminal Prosecutorial Philosophy through the "Five Enhancements"
2023-05-23
Handling cases is not only to punish crimes, but also to protect the people, promote the concept of criminal prosecution, and better guide procuratorial practice. Ultimately, it should be implemented in specific case handling. Prosecutors should enhance their sensitivity, overall perspective, initiative, people-oriented, and the integration of reason and law in handling cases, taking "no litigation in the world" as their responsibility, and strive to reduce and avoid litigation among the people. Enhance the sensitivity of handling cases, following unified laws while also paying attention to different people. In some cases, after making decisions such as not approving arrests or prosecuting, the parties and their close relatives do not understand, leading to continuous appeals, petitions, and even behaviors such as gathering crowds to cause trouble and opposing justice. Although from a professional perspective, the decision to handle it is correct, it is difficult to say that it was successful from the perspective of the effectiveness of the case. Therefore, to enhance the sensitivity of handling cases and interpret legal reasoning, it is necessary to "go to the heart" and "speak to the heart". Prosecutors should not hide the law and reason in their hearts, but should clarify the facts, explain the legal principles, and explain the reasons. They should clearly explain the difficult French language in a way that the masses enjoy. We must conscientiously practice the "Fengqiao experience" of the new era, change the habit of "sitting in court to handle cases", and take the initiative to incorporate the interpretation and reasoning work into village committees and doorsteps for elderly, weak, remote residents, and disabled parties. If necessary, respond to concerns in a timely manner through public hearings, court education, expert testimony, and other means, effectively demonstrate the process of fairness and justice, and play a role in judicial division, dispute resolution, and value guidance. Enhance the overall perspective of handling cases and proactively consider value orientation and criminal policies. Handling cases is not only to punish crimes, but also to protect the people. It is necessary to "occupy a corner and plan for the overall situation" and "sit on the side of the people with your butt up", truly laying the foundation of the Party's governance. This is the overall perspective that prosecutors should have in fulfilling their duties. In the specific handling of each case, fairness and justice should be better and faster achieved. A large part of the cases handled by procuratorial organs are "small cases", which are common, frequent, and simple ordinary cases around the masses. If we perform our duties well in supervising small cases, the people will have full trust in the procuratorial organs and the socialist judicial system; If not done well, it can easily lead to dissatisfaction. For example, some legitimate defense cases, although small, are widely concerned by society. When handling such cases, prosecutors need to have a thorough understanding of the causes, timing, and intentions of defense, accurately identify legitimate defense and excessive defense, and respond to social concerns in a timely manner. This is not only to defend the spirit of the rule of law that "the law cannot make concessions to illegality", but also relates to the legitimate rights and interests of legitimate defenders and those who act bravely, promotes social integrity, and is more related to people's aspirations. Therefore, prosecutors should treat each case as a matter of vital interest to the people, actively consider it from a value oriented and criminal policy perspective, and think about what we encourage, oppose, advocate, and prohibit in our era. Enhance the initiative of handling cases, trace the root cause, and actively integrate into national governance. Legal supervision is a concept that requires proactive action, both semantically and definitively. These all require "active" and "flexible" rather than "passive" and "lying flat". The key to "active" case handling lies in carefully analyzing the problems behind individual cases and similar cases, tracing the root cause, and actively integrating case handling into national governance
Edit:Ying Ying Responsible editor:Shen Chen
Source:jcrb.com
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