How to strengthen the management of personnel stationed in grass-roots procuratorates

First, the procuratorial organs stationed in the detention center supervise whether the detention center's supervision and law enforcement activities are legal and safeguard the rights and interests of detainees.

During the period of detention, criminal suspects and defendants were restricted to some personal freedom, but they were not deprived of all their rights. During the period of detention, detainees enjoy basic rights such as the right to exist, the right to appeal, the right to accuse, the right to personality, the right to personal safety and the right to inviolability of legal property. In addition to being deprived of political rights according to law, criminals also enjoy the right to vote and other civil rights that have not been deprived. According to the Detailed Rules for Procuratorial Work in Detention Centers, the procurators stationed in detention centers have the responsibility of "supervising the legality of activities in detention centers and ensuring the correct implementation of relevant laws and policies". Its purpose is to safeguard the legitimate rights and interests of detainees. Mainly reflected in the following five aspects:

1. Guarantee the right to life of detainees. Give necessary protection in life, even if the detainee should be sentenced to death, he should also ensure his life safety during his detention in the detention center. Procurators stationed in detention centers regularly check whether the food standards, environmental sanitation and injury treatment of detainees meet the requirements, and whether there are problems such as false reporting, impersonation, and deduction of prisoners' food and money.

2. Maintain the right of appeal and accusation of detainees. Accusation and accusation are the rights that the state gives citizens (including detainees) to safeguard their legitimate rights and interests. The procuratorial office of the detention center has the right to accept the complaints of detainees serving their sentences in the detention center and their families (including complaints submitted to the people's procuratorate after being rejected by the people's court); Have the right to accept complaints from detainees and their families about illegal acts of police and armed police in detention centers (including extorting confessions by torture, corporal punishment and maltreatment of detainees); Have the right to accept complaints against investigators for bribery, soliciting property and other acts. For the above-mentioned complaints and demands, the resident procuratorate should handle them seriously, reply in time, and earnestly safeguard the legitimate rights and interests of detainees.

3. Safeguard the lawful property rights of detainees. After inspection, the clothes and cash carried by the new prisoners are kept by the detention center, registered one by one, listed and settled or returned when they leave the detention center.

4. Protect the rights and personal safety of detainees from being insulted. The Detailed Rules for Procuratorial Work in Detention Centers stipulates that it is necessary to check whether male prisoners and female prisoners are separated from each other in detention centers; Whether the supervision and vigilance of the procuratorial detention center over the detainees, especially the detention rooms and activity places of important criminals and prisoners on death row, are strict and safe, and whether the arraignment and escort meet the requirements; Whether the procuratorial detention center uses detainees to manage detainees on its behalf; Procuratorial detention center police, armed police use of restraints on detainees, whether it is in line with the provisions, whether there is corporal punishment, abuse, insult to detainees, etc.

Two, earnestly perform their supervisory duties, to ensure the stability of the regulatory order.

Ensuring the safety of the supervision place without accidents is the most basic requirement for the procuratorial work in the station.

First, earnestly implement the daily safety inspection. In the procuratorial supervision of the detention center, the prosecutors stationed in the detention center strictly follow the provisions of the Procuratorial Measures of the People's Procuratorate for Detention Centers, dare to supervise, be good at supervising, supervise according to law, and standardize supervision, ensuring the safety of the detention center for many years without major accidents.

The second is to highlight the key supervision of penalty execution. The detainees in the detention center account for 6% of the detainees, and the stability of these people is very important. Therefore, we should pay special attention to the commutation, parole and medical parole of these people, and establish a ledger for each prisoner in the detention center to fully grasp the information. Encourage detainees in detention centers to behave positively. For those who have been rated as "five good detainees" for many times or can play an active role in the reform, we will reduce their sentences according to the opinions put forward by the detention center and encourage them to actively abide by the prison regulations, which can also play an exemplary role in the whole supervision place.

The third is to actively implement the conversation system. That is to say, we should insist on talking with juvenile offenders in custody, meeting with prosecutors and receiving family members' visits, and implement three ways to educate and reform detainees: "attacking the heart with legal policies, managing the heart with humanity and changing the heart with family members." Through the detainees, assist the case-handling organs to carry out the proceedings smoothly. For example, Zhao, who was in the trial stage at that time, was very concerned because he had three children at home. A few minutes before the trial, Zhao suddenly fainted to the ground. We and the police in the detention center sent him to the hospital for treatment. After diagnosis and treatment, the doctor said it could be installed, and there was nothing unusual in the examination. We talked with him in dribs and drabs, patiently did ideological work, understood his concerns, and allowed him to see his three children with the consent of the leader. At that time, Zhao said that he would cooperate with the court to close the case. The procuratorate of the detention center and the detention center lit birthday candles for the minor Huang Moumou when he celebrated his18th birthday. The cordial care and help deeply touched Huang Moumou. He said that he must wake up and listen to discipline carefully in the detention center. No matter what the future judgment is, he will make a good reform. Our interview with prosecutors provides a platform for some detainees with weak legal awareness and shallow legal knowledge to learn legal knowledge. Through our "prosecutor's tips", they can fully understand the constitutive elements of their crimes. For example, when Hou saw us, he said I didn't steal anything. Why did you convict me of theft? At that time, after we learned about Hou's crime, we clearly told him that what he committed was not theft, but to cover up and conceal what he had sinned. Moreover, the relevant definitions and judicial interpretations are informed to detainees in written form at the prompt of prosecutors, so that they can know which criminal law they have committed and be detained, and at the same time better protect the rights of detainees.

Third, strive to enhance creative confidence and constantly consolidate creative achievements.

Standardization construction is an important way to improve the level of procuratorial supervision and enhance supervision ability. Therefore, on the basis of "National Standardization Procuratorate", the goal of establishing "National Standardization Procuratorate" was determined.

The first is to make a creative plan in time. According to the spirit of "Opinions of the Supreme People's Procuratorate on Strengthening the Standardized Construction of Procuratorial Offices in Supervision Places" and "Standards and Methods for the Standardized Grade Evaluation of Procuratorial Offices in Supervision Places by People's Procuratorates", combined with the actual work, the Implementation Plan for Establishing Standardized Procuratorial Offices in Supervision Places was formulated. The plan specifies the contents of the creation activities in terms of work tasks, organization and leadership, work steps and specific requirements, ensuring the orderly development of the creation activities.

The second is to pay close attention to various hardware construction. At present, there are four relatively independent office buildings in the detention center office area. Among them, two offices are located in the office area, 1 lounge, 1 prosecutor reception room and psychological consultation room are located in the prison area. Moreover, they have all been decorated and furnished, which is both warm and convenient for detainees to ease their nervousness. Formulated the public publicity column and work rules and regulations of the procuratorate. Equipped with four computers (one of which is connected to the county public security bureau, one is connected to the procuratorial intranet and two laptops), and the county detention center is connected to the local area network, realizing resource sharing. The monitoring equipment is perfect, realizing 8 hours real-time monitoring, and the storage capacity exceeds 15 days.

The third is to formulate and improve rules and regulations. Each post has successively formulated the post responsibilities of the chief (deputy chief) of the procuratorial supervision department, the post responsibilities of the back office, the personal post responsibility system of the staff in the procuratorate of the detention center, the work request reporting system, the major incident reporting system, the safety procuratorial system, and the reception system. And the content of the system has been put on the wall, effectively standardizing the law enforcement behavior of procuratorial police. In strict accordance with the requirements of "Measures for Procuratorial Work in Detention Centers" issued by the Supreme People's Procuratorate, the work flow chart is formulated to clarify the daily work contents and processes of prosecutors stationed in detention centers, so as to make the processes of various supervision work more procedural and standardized. Adhere to the implementation of rules and regulations, the relevant person in charge regularly reports to the competent attorney general, accepts supervision and guidance, and puts an end to scaffolding.

The fourth is to strengthen the innovative working mechanism and improve the level of resident procuratorial work.

The first is to strengthen the strict accountability system. Due to lax management and serious irresponsibility, the detention center is guarded by prison guards, or criminal suspects and defendants collectively flee the prison area, and a major accident occurs in the detention center, and the police seriously violate the law and discipline, concealing or sheltering. In case of accidents, such as the police tipped off the criminal suspects and defendants, privately delivered letters and articles, and privately arranged meetings, the procuratorial office in the station should actively carry out accident procuratorial work in accordance with the requirements of the Procuratorial Measures of the People's Procuratorate Detention Center, find out the cause of the accident, find out whether the detention center has the responsibility of law enforcement fault and supervision, and strictly investigate the relevant responsible persons and leadership responsibilities. 20 1 1 We conducted a "special activity" to inquire about the articles seized by all detainees before they entered the prison. Through the conversation, we found some problems among the case handlers, and we gave feedback to their case handling units in time, and put forward procuratorial suggestions.

The second is to introduce a review system for reporting commutation and parole to the procuratorate for the record. Since 2006, we have persisted in active exploration and bold practice, and changed post supervision's original commutation into full supervision before, during and after the commutation, which has promoted the in-depth development of procuratorial supervision of commutation. First, the detention center put forward opinions on commutation. After carrying out procuratorial work according to the materials reported by the detention center, the procuratorate of the detention center talked with the detainees in the same cell to understand their performance in the cell, and distributed questionnaires on commutation in each cell, which was really good and agreed to report the commutation to the detention center. After that, strictly supervise the detention center to implement the commutation report and review system. Through the review, seven people serving sentences in detention centers were given opinions on commutation and prosecution, which safeguarded the legitimate rights and interests of detainees and urged them to turn over a new leaf and return to society as soon as possible.

The third is to introduce the sentencing suggestion system for minors in custody. In order to effectively protect the rights and interests of minors in custody, the sentencing suggestion system for minors in custody is actively introduced. For minors with mild subjective malignancy, arrange special personnel to investigate their living background, environment or criminal reasons, and understand their social and family background, educational background, educational experience and other related information. For example, an underage student of Li Moumou learned in the conversation that his parents were divorced and neglected, and his life was neglected. His academic performance was not bad, and he did repent after entering school. Therefore, the procuratorate and the detention center presented the appraisal of Li's good performance during his detention by the public prosecution department in court, and put forward sentencing suggestions to reduce or exempt the punishment.

The work practice of the procuratorate of this institute strongly proves that in China, criminal suspects, defendants and criminals enjoy extensive and real human rights. In the future, the resident procuratorate should give full play to its functional role and play a greater role in safeguarding human rights in the atmosphere of governing the country according to law.