Promoting the governance of litigation sources through high-quality and efficient inspection and coordination
2024-08-02
The Opinion on Strengthening the Governance of Lawsuits and Promoting the Resolution of Contradictions and Disputes at the Source "points out that more legal forces should be promoted to guide and guide, strengthen the prevention, front-end resolution, and control of contradictions and disputes at the source, improve the preventive legal system, and reduce the increase in litigation from the source. Studying the multiple prevention and resolution of conflicts and disputes in criminal prosecution, and applying the mechanism of coordination between prosecution and investigation, is the mission of the times to participate in the governance of the source of prosecution, a necessary answer to adhere to and develop the "Fengqiao experience" in the new era, and an important content of building a co construction, co governance, and shared social governance pattern. The author believes that the coordination between prosecution and investigation should be improved from the following aspects to promote the transformation of criminal justice towards a balance between criminal justice and governance, and to advance the modernization of the national governance system and governance capacity. One is to clarify the work ideas of inspection and coordination. Firstly, strengthen the awareness of mediation. Integrating the coordination of prosecution and investigation throughout the entire process of criminal proceedings, as an important link in "handling every case with high quality and efficiency", is regulated from both subjective initiative and objective constraints. Establish a correct concept of the rule of law, organically integrate the fight against crime with the protection of human rights, procedural justice, and substantive justice, and strive to achieve the best political, social, and legal effects. Secondly, adhere to the principle of seeking truth from facts and fully respect the agreement of the parties involved. For cases with contradictions and disputes, we should deepen the application of the docking mechanism of prosecution and mediation, and resolve the contradictions and disputes in the prosecutorial link. However, for cases where the parties obviously do not accept mediation, suspect are extremely vicious, do not plead guilty and repent, mediation may cause secondary trauma to victims, or there is no need for mediation, the docking mechanism of prosecution and mediation should not be applied. Thirdly, avoid misconceptions and negative impacts. Economic compensation is only one way, and the amount of compensation should not be regarded as the only measure of whether the conflict has been resolved and the degree of resolution. For cases where the contradiction is resolved and the punishment is lenient, the parties and the public should be actively guided to have a rational and objective understanding, and the legal, rational, and reasonable principles should be explained clearly to avoid the public from having a wrong understanding. The second is to clarify the participating parties in the coordination of inspection and investigation. The procuratorial organs should broaden their horizons, focus on relying on and leveraging the existing and local people's mediation role, and improve the coordination mechanism between procuratorial and mediation. Firstly, in addition to the procuratorial organs and comprehensive governance centers, the mediation subjects should include but not limited to people's mediation organizations, judicial administrative organs, residents' committees, village committees, grassroots governance grid personnel, duty lawyers, legal aid lawyers, etc. Secondly, clarify the role positioning of the procuratorial organs. The procuratorial organs should uphold an objective and impartial position, play a good role in discovering conflicts, communicating and coordinating, cooperating and resolving services, and reasonably balance the relationship between supervisors, mediators and prosecutors, so as to intervene but not affect, participate but not interfere. Thirdly, enhance the firsthand experience of prosecutors' participation in mediation. The prosecutor in charge of the case should personally participate in the investigation and resolution of conflicts and disputes. On the one hand, they can provide legal advice to the parties and timely regulate it from a legal perspective; On the other hand, it can comprehensively grasp the progress of resolving conflicts and disputes, as well as the suspect's attitude of repentance and the victim's physical and mental recovery, so as to facilitate the case handling. The third is to standardize the applicable standards for inspection and debugging docking. To determine whether a case has initiated a mechanism for coordinating prosecution and investigation, two main criteria should be considered: the objective criterion is the existence of contradictions, disputes, and potential risks in the case; The subjective standard is that the parties involved have the ability to reach a settlement agreement and fulfill the contract. The coordination between prosecution and investigation should not be overly limited by factors such as charges, statutory penalties, and whether non prosecution can be applied. At the same time, for supervised withdrawal cases that are not considered crimes due to significant and minor harm, as well as cases where the facts are unclear and the evidence is insufficient to warrant non prosecution or non arrest, they should be included in the scope of mediation, fully explaining the law and reasoning, resolving basic contradictions, and avoiding follow-up and litigation due to lack of understanding. In addition, the procuratorial organs should actively participate in the resolution of conflicts and disputes, strengthen the "sinking of prosecutorial power", strengthen the connection with grassroots organizations, and intervene in potential conflicts and disputes that may escalate into criminal offenses, as well as those that may be repeated if the defendant fails to provide adequate assistance after serving their sentence, and potential risks of retaliation against the accuser, informant, and victim. Efforts should be made to resolve conflicts and disputes in their early stages, and to enhance the awareness of diversified actions to prevent conflicts and disputes. The fourth is to improve the applicable procedures for inspection and debugging docking. Firstly, review procedures should be added to cases that have already been mediated during the investigation stage. Some cases may appear to have been compensated and forgiven, but the internal contradictions have not been resolved. The purpose of suspect 'compensation is to obtain leniency, and the reason of defendants' understanding is to obtain compensation. However, the dissatisfaction, estrangement, and resentment caused by crimes have not been eliminated, especially the family disputes, marital disputes, and neighborhood disputes that occur in local acquaintance societies, to a certain extent, affect the effectiveness of social governance. Therefore, the thoroughness of suspect' confession of guilt, the voluntariness and authenticity of victims' understanding should be reviewed to prevent disguised acceptance. Secondly, in the prosecutorial process, move the post mediation checkpoint forward and establish a collaborative and cooperative procedure. The coordination between inspection and investigation should be integrated with the coordination between police investigation and prosecution investigation, and a "big mediation" pattern should be constructed. On the one hand, the functions of the Investigation Supervision and Cooperation Office can be fully utilized to cooperate and resolve conflicts and disputes with the investigative authorities during the early intervention, review and arrest stage; On the other hand, for unresolved conflicts in the prosecutorial process, after initiating a public prosecution, attention should also be paid to forming a joint force with the judicial organs to effectively resolve the conflicts and disputes in the case. Thirdly, flexibly apply the initiation procedure to improve the effectiveness of mediation and ensure the fairness of the case. The procedure for coordinating prosecution and investigation should be initiated by the person in charge of the case, who can mediate on their own, mediate through prosecution hearings, or invite people's mediators, personnel from comprehensive management centers, and grassroots organizations to participate. In terms of mediation methods, we should adhere to the principle of immediate discovery and mediation, fully utilizing the big data monitoring platform and grid management processes of the comprehensive governance center. In terms of handling mediation results, it is not allowed to violate legal provisions, and lenient treatment must comply with legal provisions. At the same time, public order and good customs should be respected, and national interests, collective interests, and the legitimate rights and interests of others should not be harmed. The fifth is to enhance the efficiency of inspection and investigation docking governance. One is to promote social governance through tracking and follow-up visits. According to the charges, crime areas, and types of conflicts and disputes, regular follow-up visits should be conducted to summarize the patterns of crime and mediation, optimize mediation methods, promote mediation from individual cases to similar cases, prevent conflicts from occurring at the source, and improve social governance efficiency. When necessary, the advantages of digital politics and law, digital prosecution, and digital society should be fully utilized to form a docking model, achieving good results from individual case supervision to similar case supervision, and from litigation supervision to governance supervision. Secondly, using case warnings to prevent potential risks and hazards. Establish a ledger for resolving conflicts and disputes, classify risk levels, assess risk control in a timely manner, and achieve early detection, early stability control, and early resolution. At the same time, we will standardize the publicity of conflict resolution cases, pay attention to ideological work, actively guide the formation of a social co governance and co construction pattern, and maximize the prevention of risks from recurring and conflicts from escalating. Thirdly, promote quality and efficiency improvement through business evaluation. Incorporate the integration of prosecution and investigation into the evaluation indicators of case quality, as well as the assessment of the social governance efficiency, legal governance, and safety construction of the procuratorial organs, to form a correct mechanism orientation and force the integration of prosecution and investigation to improve the quality and efficiency of the work. (New Society)
Edit：Lubaikang Responsible editor：Chenze
Source：people.com.cn
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