Highlight precision and standardization to better leverage the governance efficiency of public interest litigation in procuratorial work

2023-10-23

At the 6th meeting of the 14th Standing Committee of the National People's Congress, Attorney General Ying Yong, on behalf of the Supreme Procuratorate, reported on the active efforts of the procuratorial organs to coordinate and play the "four major procuratorial" functions, fully utilize the power of the rule of law to serve the construction of a beautiful China. The attendees gave full recognition and raised earnest expectations. How to better leverage the governance effectiveness of public interest litigation in the new era and journey? Attorney General Ying Yong has repeatedly emphasized that the focus of public interest litigation is on highlighting "precision" and "standardization". Why should precision and standardization be emphasized? It should be said that this is the need for procuratorial public interest litigation to achieve high-quality development and better serve the high-quality development of the economy and society. From the pilot to now, after 8 years of exploration, the procuratorial public interest litigation has gone through its initial stage, with continuous growth in case handling quality and expansion in the field of performance. It has increasingly gained widespread recognition and support from all aspects of society. After the Central Committee of the Communist Party of China issued the "Opinions of the Central Committee of the Communist Party of China on Strengthening the Legal Supervision of Procuratorial Organs in the New Era", the report of the 20th National Congress of the Communist Party of China emphasized the "improvement of the public interest litigation system", which not only reflects the Party Central Committee's full recognition of the public interest litigation system, but also puts forward higher requirements for promoting procuratorial public interest litigation. Only by shifting from high-speed development to high-quality development can procuratorial public interest litigation not only fulfill the heavy trust of the Party and the people, but also better shoulder the responsibilities and missions entrusted by the times. To promote the high-quality development of procuratorial public interest litigation, efforts must be made to improve its accuracy. The procuratorial organs are the legal supervision organs of the country, and the essence of procuratorial public interest litigation is to fulfill the duty of legal supervision. Precision is a prerequisite for high-quality and efficient performance of duties. How to achieve precision in procuratorial public interest litigation? Firstly, identify problems with precision. The review of clues is the first step in handling public interest litigation cases. We should further consolidate the pre litigation investigation of public interest litigation, improve the investigation and evidence collection measures, and do a good job of investigation and evidence collection with the "litigation" standard to ensure that the real problems are found and the crux is found. Secondly, proposing strategies should be precise. The key to achieving timely and effective resolution of public welfare damage issues before litigation is to accurately propose procuratorial suggestions. To effectively enhance the pertinence and rationality of pre litigation procuratorial suggestions, analyze the problems convincingly, propose practical and feasible countermeasures, in order to win the recognition of the suggested units and promote the formation of a joint force to solve problems. Once again, we need to focus on difficult problems and make precise efforts. To accurately grasp the key of "actionability", it is necessary to accurately select cases that cannot be solved by pre litigation procuratorial suggestions and have exemplary and guiding significance, achieve the promotion of "governance" through "litigation", promote the governance of similar cases and litigation sources, and reflect the guidance of judicial value. We need to focus on the pain points and governance difficulties of people's livelihoods that are difficult, time-consuming, and prone to recurrence in rectification, adhere to targeted follow-up, achieve a normalized "look back", and effectively promote the true resolution of problems. To promote the high-quality development of public interest litigation in procuratorial work, efforts must be made to strengthen "standardization". Norms are the guarantee for high-quality and efficient performance of duties. The "2023-2027 Prosecutorial Reform Work Plan" has made arrangements for improving the procuratorial public interest litigation system, proposing the need for improvement and trial

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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