Proficient in deeply understanding the spirit of the rule of law from specific legal provisions

2024-05-29

The spirit of the rule of law is the soul of the rule of law. The performance of procuratorial duties in handling cases is the process of applying legal provisions from abstract norms to specific facts, from general provisions to individual applications. To apply the law correctly, it is necessary to not only understand the provisions of the law, but also to grasp the spirit of the rule of law contained within it, knowing its nature and its reasons. The spirit of rule of law is the legal core that governs legal provisions, providing value guidance for the application and implementation of legal provisions; Legal provisions are the external carrier for implementing the spirit of the rule of law, providing institutional soil for the realization and innovation of the spirit of the rule of law. To effectively and efficiently handle every case, it is necessary to be adept at deeply understanding the spirit of the rule of law from specific legal provisions, and ensure that the conclusions of case handling can withstand the test of law, history, and the people. Legal norms are systematic. Be good at deeply understanding the spirit of the rule of law from specific legal provisions, and dialectically grasp the relationship between legal norms and legal provisions. The legal system includes numerous departmental laws, with each law containing several articles. The relationship between departmental laws and articles, as well as between articles, is not isolated, but rather an organic whole. From the perspective of departmental law, applying a legal provision often means applying a law. A legal provision must be understood and applied throughout the entire law. Taking the Criminal Law as an example, the accurate application should be based on both the specific provisions and the general provisions. In the handling of specific cases, the social harm should be comprehensively measured with the factual circumstances and subjective malice. From the perspective of the legal system, some cases often exhibit the characteristics of criminal offenses, civil infringements, and administrative violations. It is necessary to understand the essence and essence of relevant departmental laws, coordinate the use of various departmental laws, find the best case handling strategies, and achieve the best case handling results. When the law and time change, governance is achieved. Be good at deeply understanding the spirit of the rule of law from specific legal provisions, and dialectically grasp the strict rule of law and the relationship between law and time. Once laws are formulated, they remain relatively stable, but with the development of the economy and society, new situations and problems will inevitably arise during the implementation process. The application of law should keep pace with the times and keep up with the higher demands of the people for fairness and justice, while understanding the spirit and principles of the rule of law. In recent years, some criminals have coerced girls to take nude photos and upload them through online chatting, seriously infringing on the personal dignity and physical and mental health of minors. The Supreme People's Procuratorate has issued guiding cases, establishing the principle of prosecution that non physical contact indecent behavior is considered as an offline crime. Some lawbreakers use the Internet to insult and slander others. The speed and breadth of dissemination are different from the traditional crimes of insult and slander. The procuratorial organs are promoting the conversion of private prosecution to public prosecution, increasing the intensity of punishment, and using the power of governance to promote online clarity. Prosecutors should not only adhere to strict law enforcement and fair justice when performing their duties in handling cases, but also ensure that the law is in sync with the times and can be moved at any time, better combining static legal provisions with vivid case handling practices. The vitality of the law lies in its implementation. Be good at deeply understanding the spirit of the rule of law from specific legal provisions, and dialectically grasp the relationship between legal authorization and lawful performance of duties. As a national legal supervision agency, the procuratorial organs bear the sacred responsibility of ensuring the unified and correct implementation of national laws. On the one hand, we must adhere to the principle that "legal responsibilities must be fulfilled". Fulfill the constitutional and legal empowerment in accordance with the law, and turn "laws on paper" into "laws in action". Article 20 of the Criminal Law established a clause on legitimate defense, but it was rarely used in previous judicial practice. The procuratorial organs handle a series of exemplary justifiable defense cases in accordance with the law, activate Article 20 of the Criminal Law, guide and reshape the concept of justifiable defense, and promote the deeply rooted belief that "the law cannot make concessions to illegality". On the other hand, we must adhere to the principle of "not acting without authorization". All procuratorial duties must be based on constitutional and legal empowerment, adhere to functional boundaries, do not deviate from procuratorial functions, do not exceed procuratorial powers, do not act on behalf of other departments, and cannot break through legal provisions and innovate. Judicial policy is an extension of the spirit of the rule of law in judicial practice and plays an important role in guiding the application of law. Be good at deeply understanding the spirit of the rule of law from specific legal provisions, and dialectically grasp the relationship between legal provisions and judicial policies. In practice, some legal provisions are relatively principled, but the performance of procuratorial duties in handling cases is relatively specific and detailed, and the investigators lack clear and targeted guidance. This requires the coordinated implementation of legal provisions and judicial policies. Combining leniency and severity is a basic criminal policy in China, which requires that according to the law, one should be strict, lenient, and punished appropriately. We will always maintain a "strict" deterrence against serious violence, black and evil forces, and enhance the sense of security of the people. At the same time, if the harm to society is relatively small, the subjective malice is not deep, and the offender admits guilt and punishment, they shall be dealt with leniently in accordance with the law. To adapt to the changes in the structure of criminal offenses, draw on the experience of "drunk driving" governance, adhere to the combination of punishment and governance, strengthen research on the governance of common and frequent misdemeanors in practice, and promote the construction of a Chinese characteristic misdemeanor governance system. To be good at deeply understanding the spirit of the rule of law from specific legal provisions, it is fundamental to fully implement the principle of "taking the law as the criterion". (Lai Xin She)

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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