Political and legal organs shall strictly implement the "three provisions" and standardize the employment behavior of resigned personnel

2021-09-26

For some time, "human cases", "relationship cases" and "money cases" have seriously affected law enforcement and judicial justice. In violation of the "three provisions" on preventing judicial intervention, judges and prosecutors illegally engage in the profession of lawyers and act as judicial brokers after leaving office, which has become a chronic disease that must be rectified. During the education and rectification of the first batch of political and legal teams in China, relevant departments around the country moved at the hearing of the order, set off a self revolution of political and legal teams in the form of scraping bones and treating drugs, investigated and identified 104000 violations of the "three provisions" on preventing judicial intervention, and dealt with and punished 83000 police officers; It was found that 2145 outgoing judges and prosecutors engaged in the lawyer profession and acted as judicial brokers in violation of regulations. Blocking the "vent" of hunting justice, the soil of human relations cases, relationship cases and money cases is gradually being eradicated. Human cases, relationship cases and money cases seriously affect law enforcement and judicial justice On December 4, 2020, one former vice president of a Provincial Higher People's court was sentenced to fixed-term imprisonment of 18 years and a fine of 4 million yuan for bribery, administrative bending of the law and fraud. The court found that from 2006 to 2019, the former vice president took advantage of his position as president of the first people's Court of a provincial high court, member of the trial committee, member of the Party group and vice president to seek benefits for relevant units and individuals in the trial of the case, directly or through others, illegally received a total of 43.75 million yuan of property, and was entrusted by others to intercede for the case, Some of these cases affected the judgment results because of their corruption. For a period of time, police officers who violate discipline and law like this have said hello to the case, which has seriously affected judicial justice. "These police officers who violate discipline and law have been working in the same region for a long time, with many acquaintances and heavy human feelings. A community of interests has been formed between the police officers and between the police officers and law enforcement objects, resulting in frequent cases of nest cases, and some even act as the 'umbrella' of criminal and evil forces." Yu Xun, vice president of the school of criminal justice of East China University of political science and law, said. Nearly half of the former vice president's list of 37 bribers are lawyers, some of whom were once court staff. These judicial brokers use their relationship with the political and legal police to create human relations cases, relationship cases and money cases, which are deeply hated by the masses. Recently, the second press conference on the education and rectification of the national political and legal team disclosed that a total of 4960 serious violations of discipline and law by township section level police officers were investigated and dealt with nationwide, of which human relations cases and relationship cases accounted for more than 70%. 43% of the same case involved collusion and punishment by multiple political and legal police officers. "In real life, some people boast that they can find relationships and acquaintances, falsely publicize and even defraud money, which has seriously affected the judicial credibility and the people's feelings of fairness and justice," Yu Xun said. Recently, the people's Procuratorate of Yangpu District, Shanghai, prosecuted the suspect. According to the prosecution, in February last year, Ms. Zhao's family demolition involved litigation, and she lost the first instance in the case. Introduced by her friends, Ms. Zhao learned that Yu knew "relevant personnel" and could "handle affairs" with him if she wanted to appeal. Ms. Zhao paid 600000 yuan to Yu to dredge the relationship. The original judgment may be upheld by the court of second instance. Ms. Zhao found that she had been cheated, so she called the police. Investigators said that this so-called "trusting" fraud means to spend money is to seize the "urgent and disorderly medical treatment" of the parties and their families and intervene in the psychology of justice by looking for a judicial broker. Rectifying human cases, relationship cases and money cases in the judicial field and cracking down on judicial brokers have become hot issues of concern to the masses. "To cut off the black hands of interfering in the administration of justice, we should investigate, deal with and prevent the illegal intervention in cases, standardize the communication between judicial personnel and parties, lawyers, special stakeholders and intermediary organizations, and standardize the practice of lawyers," said Xiao Jianguo, a professor at the school of law of Renmin University of China. Strictly implement the "three provisions" and "record every question" has become a conscious compliance Wu Qing (a pseudonym) is a first-class prosecutor of a county people's Procuratorate. In April 2020, Wu Qing, as a public prosecutor, received a call from Wang Changgui (a pseudonym), Wang Shun's uncle and the police of the County Public Security Bureau, requesting Wu Qing to put forward sentencing suggestions applicable to probation to the court hearing the case. Wu Qing immediately refused and faithfully recorded Wang Changgui's action for Wang Shun, a suspect Wang Shun, and subsequently suggested that the court sentenced him to criminal detention. In May 2021, the procuratorate circulated a notice of praise to Wu Qing who truthfully recorded and reported that others violated the "three provisions". Wang Changgui was admonished and dealt with in conversation. The "three provisions" refer to the provisions on the record, notification and accountability of leading cadres' intervention in judicial activities and handling of specific cases, and the provisions on the record and accountability of cases involving internal personnel of judicial organs, which have been successively issued by the central office, the state office, the central political and Law Commission and the "two high schools and three departments" Several provisions on further regulating the contact and communication between judicial personnel and parties, lawyers, special stakeholders and intermediary organizations. The "three provisions" to prevent interference in justice are the "purifier" of the judicial environment, the "safety valve" of fairness and justice, and the "amulet" to resist corruption and prevent degeneration. In recent years, political and legal organs have strictly implemented the "three provisions" The high-pressure situation and action consciousness of the police are increasing, but there are still some prominent problems, such as inadequate awareness of some police officers, inadequate responsibility investigation, inadequate publicity, etc. Focusing on new situations and problems, all localities and units have taken the opportunity of the education and rectification of the national political and legal team to comprehensively investigate and rectify the outstanding problems existing in the implementation of the "three provisions". As of July 31, the country has investigated and identified violations of the "three provisions" to prevent judicial intervention Since the education and rectification, the number of intervention cases recorded and reported by political and legal police officers has increased significantly, and "every question must be recorded" has become a conscious compliance. On January 12 this year, Zhou Chunmei, a judge of the higher people's Court of Hunan Province, was killed at the age of 45 because she repeatedly refused to say hello to a case. Zhou Chunmei defended judicial justice with her blood and life, and aroused the greater determination of the political and legal police to implement the "three provisions". In Hunan, the provincial, municipal and county courts have fully launched the new recording and reporting platform of "three provisions", expanded the scope of registration records and reports to all staff, and achieved full coverage and recorded every question. A monthly reporting system has been established to interview the main leaders of the unit for the courts with long-term "zero report" and "zero investigation". In Shanxi, the political and Legal Committee of the provincial Party committee incorporated the implementation of the "three provisions" into the law enforcement supervision of the political and Legal Committee of the Party committee, and improved measures such as regular notification, compulsory record filling, disclosure of typical cases, warning education, responsibility backtracking, incentive and protection. In Zhengzhou, Henan Province, the municipal procuratorate incorporated the implementation of the "three provisions" and "intervention in major matters of procuratorial handling" into the evaluation of the construction of Party style and clean government of grass-roots procuratorates, so as to transfer pressure and stimulate motivation. "Only by strictly implementing the 'three provisions' can we change the wrong understanding that' litigation is relationship 'and more effectively safeguard law enforcement and judicial justice," Xiao Jianguo said. Build an information sharing platform and speed up the formulation of the "list of prohibited industries" Liu once served as a full-time member of the trial committee of a Municipal Intermediate People's court. After retirement, he took advantage of the convenience formed by his former leadership position to provide help for the case represented by lawyer Zeng in inquiring about the facts of the case and changing the judgment of the case, and received more than 300000 yuan from Zeng. His suspected crime has been transferred to the judicial organ for handling. In the education and rectification of the political and legal team, all localities have carried out actions to deal with the phenomenon of judges and prosecutors acting as judicial brokers after leaving their posts. The political and Legal Committee of Jilin provincial Party committee issued a special rectification work plan, requiring the provincial court and the provincial procuratorate to conduct a comprehensive investigation of the personnel in the system who have the situation of job avoidance, timely adjust their posts, and strengthen the random inspection and verification of the employment of retired, resigned, dismissed and transferred personnel; the Provincial Department of justice strengthened the guidance and management of lawyers' practice, established a "blacklist" system of lawyers, and "Broker" lawyers shall increase administrative punishment. If the circumstances are serious, the lawyers shall be removed. The procuratorial organs at two levels in Zhengzhou, Henan Province focused on investigating the problems of prosecutors engaging in the profession of lawyers and acting as judicial brokers after leaving office, completed the investigation of 1284 resigned and retired personnel, and organized retired police officers of procuratorial organs at two levels to sign letters of commitment. On this basis, they adhered to the "current governance" and "long-term development" At the same time, 17 systems have been formulated to ensure that the procuratorial team in Zhengzhou is clean and energetic. In the action of rectifying judicial brokers, information technology has become an important means. Yibin Municipal Bureau of justice of Sichuan Province has developed the "Yibin judicial intelligent early warning platform" and the information sharing platform for the legal profession of the outgoing staff of the legal procuratorial department, which effectively compresses the "judicial brokers" with the help of big data Living space. The database covers 11 information about 617 full-time and part-time lawyers, 354 court and 329 procuratorate retirees in the city, including their personal situation, employment area, work unit and resignation level. The system automatically compares the retired personnel of the legal procuratorial department, and the legal professional work is included in the blue early warning management. The litigation business of the blue early warning personnel is included in the Yellow early warning management. The cases represented by the Yellow early warning personnel, the receiving units, case handling judges and prosecutors are relatively concentrated, and the winning rate is abnormal, so they are included in the red early warning management. Once the red early warning personnel appear, the courts and procuratorates will The court and the Judicial Bureau immediately launched the mechanism of joint consultation, warning interview and case back investigation. "A nationwide online search system for legal practitioners should be established. Only in this way can the information of judges and prosecutors be found on a unified platform, and the avoidance of judges and prosecutors can be found not only through file investigation, but also through information means," Yu Xun suggested. It is understood that the education and rectification of the political and legal team comprehensively found out the employment status of 149000 outgoing judges and prosecutors since the 18th National Congress of the Communist Party of China, focused on screening 7640 people engaged in the lawyer profession after leaving office, and found 2044 people engaged in the lawyer profession in violation of regulations. All localities and departments insist on taking accurate measures to rectify violations. Those who should be dismissed, those who should be transferred, and those who should be adjusted should be dealt with according to law and discipline, so as to achieve the organic unity of rectification, education, punishment and supervision. All political and legal units of the central government are speeding up the formulation of the "list of prohibited businesses" for the business activities of police spouses, children and their spouses of the system We will refine and clarify policy boundaries, promote the establishment of a mechanism for regular investigation, automatic identity verification and case backtracking, and eradicate the breeding soil for judicial brokers. (reporter Xu Jun) (outlook new era)

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