How to Effectively Realize Integrated Case Handling in Civil Prosecutors

2023-12-27

Integrated handling of civil procuratorial cases refers to the integration of resources such as property of civil procurators at all levels as a whole, jointly serving the handling of civil procuratorial supervision cases. Its purpose is to effectively solve the problem of "inverted triangle" in civil prosecution by adjusting its own working methods and integrating and utilizing existing resources through the procuratorial system, effectively improving the quality and level of legal supervision in civil prosecution. In recent years, some procuratorial organs in certain regions have made beneficial explorations in promoting the integration of civil and procuratorial cases, and have achieved significant results, providing a practical model for further promoting the innovative development of the integrated civil and procuratorial case handling mechanism. Based on practical exploration in various regions, the author proposes the following ideas for building an integrated civil prosecution case handling mechanism and better achieving high-quality and efficient civil prosecution cases, for reference by civil prosecution colleagues. (1) Integrate human resources to form a cohesive force. We will firmly establish the concept of "one game of chess" throughout the province, break down regional boundaries, and appoint a certain number of civil procuratorial officers who are familiar with civil procuratorial business and have a strong sense of responsibility from lower level procuratorates as procuratorial assistants to higher-level procuratorates. Based on different types of cases, we will use methods such as referral, deliberation, and regional guidance to help them continuously improve their abilities and levels in handling cases. In addition, by shifting the focus of case handling and delegating tasks, the problem of insufficient civil prosecution cases in lower level procuratorates can be solved, and the practical problem of overloaded civil prosecution cases in higher level procuratorates can be solved. (2) Optimize case handling procedures and improve case handling efficiency. Optimize the review process for appeal cases handled by lower level procuratorates. At the case discussion meeting, the specific person in charge of the lower level procuratorate shall directly report the facts, handling opinions, and legal basis of the case, while the person in charge of the higher level procuratorate shall participate in the entire discussion, comprehensively grasp the overall situation of the case and the direction of supervision. After the supervisory decision is made, the case handler of the higher-level procuratorate shall draft legal documents, and the case handler of the lower level procuratorate may act as an assistant to the prosecutor in charge of the higher-level procuratorate to participate in activities such as handling cases and appearing in court, thereby shortening the time for case circulation and ensuring that the case is completed within three months. (3) Clarify personnel division of labor and collaboration, and implement specialized operations. Police officers who participate in the integrated civil prosecution case handling mechanism in lower level procuratorates, whether through secondment or the appointment of assistant prosecutors, must be managed and guided by both levels of procuratorates. The implementation measures for integrated case handling shall be uniformly issued by the higher-level procuratorate, clarifying the division of labor and cooperation between the civil procuratorial departments of the upper and lower levels of procuratorates. The higher-level procuratorate may focus on handling second instance, protest, and protest cases, while assigning cases such as execution supervision, support for prosecution, litigation procedure supervision, and mediation document supervision to the lower level procuratorate that is skilled in handling a certain type of civil procuratorial supervision case for specific handling, thus forming a situation where each procuratorate bears its own responsibility Each has a focused and closely coordinated integrated case handling model, and the provincial or municipal branch should timely study and solve the problems encountered by each grassroots procuratorate in fulfilling its supervisory responsibilities one by one. (4) Jointly assume the responsibility of handling cases and ensure the quality of handling cases. Establish a platform for civil procuratorial officers throughout the province to participate in civil procuratorial business learning and case research and analysis meetings through video connections or on-site concentration

Edit:Ying Ying    Responsible editor:Shen Chen

Source:jcrb.com

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