Ten Dimensions of Promoting the Modernization of Civil Prosecutorial Work
2023-08-16
The Procurator General of the Supreme People's Procuratorate, Ying Yong, pointed out at a seminar for prosecutors recently held that we must adhere to the basic pattern of legal supervision of the "Four Major Prosecutors", fulfill legal responsibilities in accordance with the law, and promote the comprehensive, coordinated and full development of the "Four Major Prosecutors". As an important component of the "Four Major Prosecutors", the author believes that the next step should be to increase supervision, achieve effective supervision, and promote the modernization of civil prosecution work from the following dimensions. Firstly, coordinate the quantity and quality of supervision. In 2022, the national procuratorial organs accepted a total of 316000 civil prosecution cases of various types and proposed 147000 supervisory opinions, which to some extent formed a scale effect and improved the quality and efficiency of supervision comprehensively. However, compared to the increasing judicial needs of the people and the actual civil judicial work, the strength of civil procuratorial supervision is still insufficient. According to the relevant requirements of the Supreme Procuratorate Party Group, promoting the modernization of civil procuratorial work must achieve the unity of "quantity with quality" and "quality with quantity", continuously expand the breadth and depth of supervision, and truly achieve effective supervision. Secondly, coordinate public supervision and private remedies. The above speech clearly points out the business attribute of combining civil procuratorial public power supervision with private right relief, and points out the direction for promoting the modernization of civil procuratorial work. Next, the civil prosecution should strengthen the supervision of the court's judicial and enforcement powers, and effectively ensure the unified and correct implementation of civil laws; We must handle every case with high quality and efficiency, and strive to make the people feel fairness and justice in every judicial case by strengthening private remedies. Thirdly, coordinate the supervision based on application and authority. Supervision based on application and supervision based on authority are the two main ways for civil prosecution to initiate supervision procedures. Guided by the concept of active performance of duties in accordance with the law, it is necessary to accurately grasp the boundaries between the two initiation methods, ensuring that civil procuratorial supervision is neither absent nor offside. As Tong Jianming, the Deputy Prosecutor General of the Supreme People's Procuratorate, pointed out in an interview with People's Daily Online, it is necessary to actively perform duties in accordance with the law in "passive acceptance," "active supervision," and "source governance. For civil prosecutions, on the one hand, it is necessary to accurately grasp the characteristics of the majority of effective civil judgment cases being supervised based on application. In handling cases, attention should be paid to enhancing judicial experience through measures such as investigation and verification, public hearings, etc., to ensure the effectiveness of supervision; On the other hand, it is necessary to accurately grasp the characteristics of judicial illegal supervision and execution supervision cases that are mostly supervised by authority, strictly and prudently exercise the active supervision power in accordance with the law, and effectively solve the problems of more flawed supervision, insufficient supervision of similar cases, and deep supervision. Fourthly, coordinate the supervision at the same level and submit it to higher authorities for supervision. For the supervision of effective civil judgments, peer supervision mainly refers to the issuance of retrial procuratorial suggestions by the same level court, while requesting higher level supervision mainly refers to requesting a higher level procuratorate to protest. There is no distinction between the advantages or disadvantages of these two supervision methods, and both should be rigid and effective
Edit:Ying Ying Responsible editor:Shen Chen
Source:jcrb.com
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