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Law

2024-06-27   

At the beginning of this year, in accordance with the work arrangement of the Supreme People's Procuratorate Advisory Committee and based on collective thinking, the Supreme People's Procuratorate Party Group coordinated and determined five research topics, including promoting modernization of criminal prosecution, improving the internal restraint and supervision mechanism of procuratorial power, key issues to be paid attention to in the revision of the Criminal Procedure Law, strengthening supervision of administrative illegal acts, and building professional ethics for prosecutors. These topics are all important topics related to the modernization of procuratorial work, covering political construction, business development, professional ethics construction, procuratorial management, team building, and other aspects, with strong pertinence and representativeness. The advisory committee formed five research groups to extensively listen to opinions and suggestions from local procuratorial organs at the third level, carefully study relevant work, and form high-quality research reports. More than 80 specific suggestions were put forward, providing important reference for strengthening and improving related work. Criminal prosecution is the most basic and core function of the procuratorial organs. It is recommended to further comprehensively and accurately implement the criminal policy of combining leniency and severity, strictly regulate the application of leniency in confession and punishment, adjust procuratorial policies to adapt to changes in criminal structure, and promote the construction of a Chinese characteristic system for managing minor crimes Strengthening the internal constraints and supervision of prosecutorial power is a practical need for the modernization of prosecutorial work. It is recommended to continue promoting the combination of incentives, punishment, and protection, and to improve and perfect the fault-tolerant mechanism and judicial responsibility exemption provisions under the premise of fully and accurately implementing the judicial responsibility system, to ensure the implementation and refinement of the restraint and supervision mechanism The Criminal Procedure Law is an important legal basis for the performance of duties by procuratorial organs. It is suggested to take the amendment of the Criminal Procedure Law as an opportunity to further improve the procuratorial investigation power, improve the system of minor crime governance, improve the conditional non prosecution system, and establish compliance procedures for enterprises involved in the case, in order to strengthen legal supervision of criminal litigation activities The supervision of administrative violations is an important power granted to the procuratorial organs by law. Suggest further clarifying the scope, standards, procedures, mechanisms, etc. of supervision to promote precise and effective supervision. At present, a number of leading and influential cases can be handled with high quality and efficiency in conjunction with the special actions of "procuratorial protection enterprises" and "procuratorial protection of people's livelihoods" The construction of professional ethics for prosecutors is an important aspect of promoting the modernization of prosecutorial work. It is recommended to include professional ethics education in the overall plan of prosecutor training, and to use prosecutors' professional ethics performance as an important reference for prosecutor selection and promotion Before the meeting, each research group conducted in-depth discussions and improved research on the research report. At the meeting, Sun Qian, the director of the Supreme People's Procuratorate Advisory Committee, introduced the overall situation of the advisory committee's research this year. The five research groups reported on their own research and put forward suggestions on strengthening relevant procuratorial work. "To deepen investigation and research, it is necessary to focus on the key issues that affect and constrain the performance of procuratorial work, listen to the truth, examine the truth, ask grassroots questions about needs and strategies, find solutions, and use breakthroughs and solutions to key issues to drive the overall high-quality development of procuratorial work." We should focus on the main responsibility and business of legal supervision, conduct in-depth investigations and research on the performance structure ratio of the "Four Great Prosecutors", the case structure ratio of handling cases according to procedures and supervising cases according to authority, and the case source structure ratio of transferring cases according to procedures, accepting cases according to applications and actively discovering cases. We should further propose practical measures to improve and do a good job in various prosecutorial work, forging strengths, filling weaknesses, and promoting the comprehensive coordination and full development of the "Four Great Prosecutors". We need to conduct in-depth investigation and analysis of the current situation and problems of the procuratorial team, study the weak links in the ability of procuratorial personnel to perform their duties, strengthen the construction of the team in a targeted manner, promote the "three good qualities" of procuratorial personnel, and continuously improve the ability level of procuratorial organs to serve the overall situation, serve the people's justice, and take responsibility for the rule of law. To adapt to the continuous deepening of judicial system reform and prosecutorial reform, we need to conduct in-depth investigations and research on how to further improve the internal and external constraint and supervision mechanisms for the operation of prosecutorial power, truly achieving the courage to supervise, be good at supervision, and have the courage to self supervise. We should closely monitor legislation, based on prosecutorial practice, and focus on the revision of laws such as the Criminal Procedure Law and the formulation of laws such as the Public Interest Litigation Law. We should strengthen forward-looking thinking, empirical analysis, and targeted research to promote continuous improvement of legislation, and provide more powerful legal protection for strengthening legal supervision and promoting judicial fairness. Ying Yong pointed out that the Advisory Committee is the "Staff Department" and "Think Tank" of the Supreme Party Inspection Group, playing an important role in promoting scientific decision-making, reflecting grassroots realities, and promoting work implementation. The work of the service guarantee consulting committee is the responsibility of the highest inspection authority, and efforts should be made to create better and more convenient conditions for the consulting committee to conduct investigations and research. Tong Jianming, Deputy Secretary of the Supreme Procuratorate Party Group and Executive Deputy Prosecutor General, presided over the meeting. Teng Jiguo, a member of the Party Group and Director of the Political Department of the Supreme People's Procuratorate, Shi Weizhong, a deputy ministerial level full-time member of the Supreme People's Procuratorate Committee, Dong Kaijun, Secretary of the Party Group and Prosecutor General of the Hebei Provincial Procuratorate, a member of the Supreme People's Procuratorate Advisory Committee, and officials in charge of relevant departments of the Supreme People's Procuratorate attended the meeting. (Lai Xin She)

Edit:Ying Ying Responsible editor:Shen Chen

Source:jcrb.com

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