Hunan Provincial People’s Procuratorate continues the past and opens up the future

In 2010, the Provincial People’s Procuratorate focused on the overall work of the province, and took the three key tasks of in-depth promotion of social conflict resolution, social management innovation, and fair and honest law enforcement as carriers, in accordance with strengthening legal supervision, strengthening self-supervision, and strengthening In order to meet the requirements of building a high-quality team, we strive to strengthen and improve procuratorial work.

Perform legal duties

◆Resolutely crack down on serious criminal crimes in accordance with the law. Strictly crack down on gang crimes, serious violent crimes, frequent property crimes and other serious criminal crimes that affect the people's sense of security, crack down on crowd-related crimes such as fund-raising fraud, illegal pyramid schemes, etc. in accordance with the law, and actively participate in the investigation of key security areas and key security issues special rectification. The *** approved the arrest of 39,942 suspects of various types of criminal crimes, including 800 suspects for official crimes; 44,433 people were prosecuted, including 1,284 defendants for official crimes (804 in major cases, 10 at the department level). We promptly arrested and prosecuted a number of criminal cases that seriously endangered social order, including the gun-related and drug-related cases in Xiangxi, the Huanghua Airport highway bus arson case, the Changsha "7.30" bombing case, and the "8.10" telecommunications fraud case.

◆ Implement the criminal policy of leniency in accordance with the law for minor crimes. It was decided not to approve the arrest of 3,634 people whose arrest was not necessary (including 68 job suspects), and it was decided not to prosecute 4,154 people whose circumstances were minor. Criminal reconciliation was used to handle 1,820 minor criminal cases involving 2,249 people. Li Suming, a villager in Taoxi Town, Anhua County, caught fire and destroyed 4.93 hectares of forestland contracted by others. The prosecutor handling the case conducted an on-site review and learned that the defendant had surrendered, had a good attitude towards pleading guilty, and was willing to do his best to compensate and bear the responsibility of planting trees on the destroyed forest land. The county procuratorate cooperated with local grassroots organizations to guide the two parties to reach a settlement and decided not to prosecute in accordance with the law. It not only promoted the restoration of forest land, but also resolved the tension between the parties involved, and was generally approved by the local people.

◆Intensify efforts to investigate and prevent occupational crimes. Implement the deployment of the Provincial Party Committee and the Supreme People's Procuratorate on anti-corruption work, insist on the provincial and municipal procuratorates taking the lead in handling cases, insist on investigating and handling job-related crimes in key areas and key links, insist on concentrating efforts on investigating major and important cases, and continuously open cases to investigate suspected job-related crimes There were 1,812 people, including 1,256 for corruption and bribery, 556 for dereliction of duty and infringement, 911 for major cases, and 102 for serious cases (10 at the department level). Intensify the investigation and investigation of job-related crimes that endanger the construction of new rural areas, damage the environment, energy resources, and directly harm the vital interests of the masses. For example, the Sangzhi County Procuratorate investigated the case of Yang Xiaoqiong, the accountant of the county's New Rural Cooperative Medical Care Management Office, and two others who embezzled more than 2.67 million yuan in New Rural Cooperative Medical Care funds. Yang Xiaoqiong was sentenced to life imprisonment. Taking the investigation and handling of judicial corruption cases as the focus of investigation work, 118 cases of duty-related crimes committed by judicial personnel have been investigated, 106 people have been prosecuted, and the court has sentenced 103 people.

Deepen the integrated mechanism of investigation and prevention, and pay more attention to the prevention of occupational crimes in combination with case handling. We carried out 696 preventive investigations, 1,041 crime analyses, and 1,750 warning educations, and completed 1,361 cases of case prevention, key prevention, and prevention recommendations. Pay attention to the research on job-related crimes during the implementation of policies that benefit farmers, and report tendentious issues to the party committee and government, attracting the attention of leaders in relevant regions and departments.

◆Carry out supervision of criminal proceedings in accordance with the law. It was decided not to approve the arrest of 1,330 people who did not constitute a crime, and decided not to prosecute 184 people who were not legally required to be prosecuted and 318 people who had insufficient evidence. There were 345 cases filed by the supervisory and investigation agencies that should not have been filed, and 604 cases that should have been filed but not. For cases that should have been arrested or transferred for prosecution but were not, an additional 1,632 people were arrested and an additional 1,118 people were prosecuted. In response to 174 protests against criminal judgments and rulings that were believed to be erroneous, the court has changed the sentences of 84 people in 55 cases and remanded 55 cases for retrial.

◆Carry out supervision of civil trials and administrative litigation in accordance with the law. It accepted 2,054 appeals against civil administrative judgments and rulings, 1,400 settlement appeals, 299 protests, and 125 procuratorial recommendations for retrial. The court has changed the verdict, remanded the case for retrial, and concluded 206 cases through mediation. 312 procuratorial suggestions were made regarding execution and other aspects.

◆Carry out supervision of penalty execution and supervision activities in accordance with the law. 1,852 people were found to have had improper commutations, paroles, and temporary sentences outside prison, and 1,837 people had been urged to make corrections.

In accordance with the unified deployment of the Supreme People's Procuratorate, special activities were carried out to clean up hidden dangers in prison accidents and promote safe supervision, conduct safety inspections in detention centers, clean up and correct long-term detention cases, and put forward corrective suggestions for illegal situations discovered.

Implementing the three tasks

In-depth promotion of the three key tasks of resolving social conflicts, social management innovation, and fair and honest law enforcement is a major deployment of the Party Central Committee for political and legal work. Implementing the requirements of the three key tasks into all specific aspects of procuratorial law enforcement is the top priority of the procuratorial work throughout the year and is the direction for us to strengthen and improve procuratorial work. To this end, we have made the following efforts.

◆Improve the guidance and evaluation mechanism for law enforcement and case handling. After the "Two Sessions", we absorbed the suggestions and opinions of deputies to the National People's Congress and members of the Chinese People's Political Consultative Conference, and formulated 24 guiding opinions on strengthening and improving procuratorial work around the implementation of the three key tasks, laying a good foundation for the work throughout the year. Guided by the value of the three key tasks, we will improve the "Measures for the Assessment of Quality of Law Enforcement" and regard law enforcement and handling of cases to resolve conflicts, standardizing law enforcement to prevent conflicts, and resolving prosecution-related complaints and eliminating conflicts as hard indicators for law enforcement assessment. Conduct classified assessments based on objective differences in grassroots hospitals to prevent blind comparisons from causing law enforcement restlessness. Carry out the selection of outstanding cases and cultivate a correct view of performance during the selection process. Summarize and promote ten typical experiences in promoting the three key tasks of the Ningxiang County Procuratorate, including "Double Investigation and Double Construction", to form a demonstration effect.

◆Improve methods and methods of legal supervision. We should regard solving the problems that the people have strongly complained about as the entry point for strengthening legal supervision. By carrying out special work, we will intensify the investigation and handling of job-related crimes and litigation supervision, and actively respond to the people's concerns about fairness and justice. Strengthen the analysis and judgment of social security and anti-corruption situations, conduct in-depth research on emerging and tendentious issues, and base decision-making on an accurate grasp of the situation. Improve supervision methods as the focus of improving the effectiveness of legal supervision. Pay attention to the connection between legal supervision and relevant law enforcement and judicial work, create legal awareness, integrate supervision into support and maintenance, and form a joint force in work. Pay attention to the role of procuratorial suggestions, analyze the causes, put forward countermeasures and suggestions for work flaws, hidden contradictions, and management loopholes discovered in law enforcement and case handling, and urge relevant departments to activate internal error correction mechanisms to eliminate hidden dangers and strengthen management. For complex and sensitive cases, we will strengthen requests for instructions and reports to the Party Committee and the National People's Congress, strengthen coordination and communication with relevant departments, and handle them in a prudent manner. In the process of law enforcement and case handling, we should pay attention to resolving conflicts within and outside the case, and strive to solve the problem of "the case cannot be closed". Focusing on minimizing negative factors, we use methods such as criminal reconciliation, prosecution and investigation, reasoning without arrest, answering questions without prosecution, and victim assistance to eliminate doubts and resolve grievances among the parties concerned.

◆Strengthen internal supervision and management. Increase efforts to promote procuratorial reform and improve working mechanisms. Reform projects such as raising the power to review and arrest cases of duty-related crimes to one level and synchronous audio and video recording of the entire interrogation of duty-related crime suspects will strengthen supervision and inspection to prevent ineffective implementation. For law enforcement links such as seizure, freezing, and recovery of money and property involved in cases, which are prone to problems, we will formulate operational rules and strengthen internal controls and procuratorial inspections. Improve the scientific management and assessment of the agency, divide the tasks of promoting the three key tasks into various functional departments, and clarify the job responsibilities of police officers; establish a monthly evaluation system for department work to make all working days clear and monthly; establish police law enforcement files, Use individual law enforcement status as an important basis for assessment and evaluation; rely on the procuratorial network to implement online case handling and dynamic management. Strengthen research guidance, and members of the Provincial Procuratorate team will conduct grassroots research on topics, explore ways and methods to improve law enforcement levels with front-line comrades, and help lower-level procuratorates to research and solve problems; all functional departments of the Provincial Procuratorate will follow up and guide municipalities The , county and county courts handled 661 major, difficult and complex cases.

◆ Strengthen law enforcement skills training. Adhering to the education and training of police officers as the most important basic work, the Provincial Procuratorate held 15 training courses of various types for 3,047 people, and nearly one-third of all employees were trained. 498 prosecutors without prosecutor qualifications were organized to take the national unified judicial examination, with a passing rate of 45.38%. Extensive job training and business competition activities have been carried out, and emphasis has been placed on cultivating expert talents and business pacesetters. Two more people in our province have been rated as national procuratorial experts, and four people have been rated as national outstanding public prosecutors and business experts. The province’s first procuratorial expert selection event was launched, and five prosecutors were awarded as procuratorial experts in the province. Relying on the "integrated" case-handling mechanism, "teaching and mentoring" case-handling personnel in lower courts are provided in actual combat.

We have strengthened procuratorial theory research, completed more than 40 theoretical research projects in the province, undertaken 9 national and provincial key projects, and published 135 research results in core and well-known journals.

◆ Strengthen the construction of law enforcement style. Carry out three activities: "abide by prosecutorial professional ethics and promote fair and honest law enforcement", "anti-privilege thinking, anti-hegemonic style" and strive for excellence, hold its own anti-corruption education exhibition, strive to solve outstanding problems in law enforcement, and strive to improve Professional ethics. The "Millions of Cases Review" activity was carried out, and 2,333 cases were reviewed by ***, including 20 self-checked by the Provincial Procuratorate, and 200 cases reviewed by the lower courts, and face-to-face reviews were conducted on the flaws and problems in the cases one by one. Correct errors in review. 427 petition cases involving inspections were settled and 401 cases were settled. 142 backlogged cases were cleared and investigated, and 130 appeals were settled. 200 criminal complaint cases were filed for review and 39 original decisions were changed. 43 criminal compensation cases were settled, 37 cases were compensated, and a compensation of 703,800 yuan was paid. The Provincial Procuratorate directly inspected 33 cases, discovered and corrected 15 illegal issues, and returned more than 3.15 million yuan of property to the parties concerned in accordance with the law. 18 prosecutors were investigated and punished for violating laws and disciplines.

Strengthen supervision awareness

◆Consciously accept the supervision of the People’s Congress and its Standing Committee. Since this term, our institute has organized study classes on the spirit of the “Two Sessions” after the “Two Sessions” to strengthen education on constitutional awareness and fundamental political system awareness, and to promote a firm awareness of performing duties in accordance with the law. In the "Two Sessions" spiritual study class, comprehensively study the "Two Sessions" documents, absorb the suggestions, criticisms and opinions of the National People's Congress deputies, and clarify the responsibility for improvement to each functional department. Relying on the supervision and support of the National People's Congress to promote procuratorial work, following the deliberation opinions of the Provincial People's Congress Standing Committee on the special report on investigation, handling and prevention of occupational crimes, and implementing rectification measures; actively cooperated with the Internal Affairs and Judicial Committee of the National People's Congress to carry out special investigations and law enforcement inspections; and reported to the Provincial People's Congress Standing Committee A special report was made on the litigation supervision work. The 19th meeting of the Standing Committee of the Provincial People's Congress made the "Resolution on Strengthening the People's Procuratorate's Legal Supervision of Litigation Activities." We attach importance to the opinions of NPC deputies, strengthen regular contact with NPC deputies, set up a column on the portal website to solicit opinions from deputies, and leaders of the Provincial Procuratorate visit deputies when conducting surveys at the grassroots level. Invite some representatives of the National and Provincial People's Congress to inspect anti-malfeasance and infringement work. Handled 3 cases assigned or transferred by the Provincial People's Congress, and handled 5 pieces of suggestions, criticisms and opinions from the National People's Congress deputies.

◆Intensify efforts to promote judicial democracy. Consciously accept the democratic supervision of the CPPCC, carefully listen to the suggestions, criticisms and opinions of CPPCC members, invite some national and provincial CPPCC members to inspect the anti-malfeasance and infringement work, work with relevant departments to handle 1 CPPCC proposal, and report the handling situation in a timely manner. Insist on regular briefings on the situation to democratic parties, federations of industry and commerce and non-partisan persons. We deepened the people's supervisor system, improved the selection and appointment methods, implemented supervision powers, and launched the people's supervisor procedure to supervise 336 cases of official crimes. Expand the scope of supervision by people's supervisors to include criminal reconciliation, socially sensitive cases, and the handling of prosecution-related petitions. Listen to the opinions of special prosecutors and expert advisory committee members on procuratorial decision-making matters, and invite them to attend the procuratorial committee to discuss major, difficult and complex cases.

◆Explore new ways to deepen the disclosure of inspection affairs and accept public supervision. In-depth promotion of procuratorial affairs disclosure from four aspects: law enforcement information inquiry, portal website construction, spokesperson system and strengthening procuratorial publicity; pilot projects in Shaoyang City Procuratorate, Xiangtan City Yuetang District Procuratorate, Changsha County Procuratorate and other units to explore the status of law enforcement and law enforcement The approach to process disclosure has yielded some experiences worth promoting. Open a 12309 reporting hotline, set up the prosecutor general's mailbox and a reporting and complaint column on the portal website to accept reports and complaints from the public, and listen to suggestions, criticisms and opinions. A mechanism was established to respond to and handle public opinions involving inspections, and attention was paid to online public opinions. The leaders of the Provincial Procuratorate gave instructions to handle 152 cases of public opinions involving inspections, so that some problems were investigated and corrected in their infancy. Use the polling mechanism to evaluate procuratorial work, and use public evaluation as an important basis for strengthening and improving procuratorial work. Fellow representatives, 2011 is the 90th anniversary of the founding of the Communist Party of China and the first year of the implementation of the "Twelfth Five-Year Plan". Our province's "four modernizations and two types" construction is in an important period of strategic opportunities. How to create a stable public security environment and a fair and just legal environment for sound and rapid economic and social development is a practical issue and new test facing procuratorial work.

We will conscientiously implement the spirit of the National Procurator General Conference, the Provincial Economic Work Conference and the Political and Legal Work Conference, and further strengthen and improve procuratorial work in accordance with the resolutions of this congress, so as to contribute to the construction of "four modernizations and two models" and "the rule of law in Hunan", and to The good start of the province's "Twelfth Five-Year Plan" provides strong judicial protection.

◆ Focus on deepening the three key tasks and effectively strengthen legal supervision. Conscientiously implement the Provincial People's Congress Standing Committee's "Resolution on Strengthening the People's Procuratorate's Legal Supervision of Litigation Activities", regard maintaining social harmony and stability as the primary task of legal supervision, and deepen three key tasks in all aspects of procuratorial and law enforcement. Tightly grasp the criminal issues that affect the safety of people's lives, property and other vital interests, and intensify the crackdown on gangsters, guns and explosions, "two robberies and one theft", abduction and trafficking of women and children, illegal fund-raising, and the production and sale of counterfeit and shoddy goods, especially It is to crack down on crimes such as food and drug infringement and intellectual property infringement; to increase the crackdown on economic crimes that disrupt market order and endanger equal competition among market entities; to increase the crackdown on crimes that infringe on farmers' rights and interests, endanger agricultural development, and affect rural stability. . We must firmly grasp the key areas and key links where corruption crimes are prone to occur where the people's complaints are concentrated, and seriously investigate and deal with job-related crimes that occur in leading agencies and leading cadres, grassroots political organizations and key positions; endanger energy resources and the ecological environment, especially Occupational crimes behind ecological restoration projects and the construction of disaster prevention and reduction systems; occupational crime cases involving major accidents and mass incidents, as well as criminal cases such as sabotage of elections, buying and selling of officials in local general elections; insist on both punishment and prevention, and continue to promote Special efforts will be made to combat commercial bribery, and special governance of prominent issues in engineering construction, land and resources and other fields will be deepened. We must firmly seize the procuratorial link to deepen the entry points and joint points of the three key tasks, establish and improve the working mechanism for the implementation of the criminal policy of combining leniency with severity, continuously improve the rapid handling mechanism for minor crime cases and the criminal reconciliation mechanism, and establish and improve the docking working mechanism for prosecution and investigation. , improve the level of using legal policies to resolve social conflicts and promote social harmony; establish and improve the mechanism for expressing people's demands, pay special attention to the demands of people's livelihood areas, especially the needs of vulnerable groups, attach great importance to the equal protection of private enterprises and the private economy, and establish and improve the participation of procuratorial organs The mechanism for social management innovation provides procuratorial suggestions for management problems discovered during law enforcement and case handling, and coordinates with relevant parties to jointly promote social management innovation. We must firmly grasp the outstanding issues that affect judicial fairness, strengthen litigation supervision and internal controls, increase supervision, especially strengthen the supervision of civil trials, administrative litigation activities and law enforcement in regulatory places, improve supervision methods, pay attention to the effectiveness of supervision, and effectively Correct the problems that the public has strongly complained about, such as inaction in law enforcement, chaotic law enforcement, irregular law enforcement, unfair law enforcement, etc., resolutely investigate and handle cases of judicial corruption, and promote fair and honest law enforcement.

◆ Take the implementation of procuratorial reform as the driving force to effectively improve the working mechanism. Significant progress has been made in prosecutorial reform. With the approval of the central government, the people's supervisor system has been fully implemented, and the return of the forestry procuratorial and railway procuratorial systems to the judicial system is being implemented. Reform projects led or co-sponsored by the Supreme People's Procuratorate have issued 48 documents. Implementing the requirements for procuratorial reform is an important way to strengthen and improve procuratorial work. For procuratorial reform projects that have been introduced, we will strengthen responsibilities, strengthen research guidance, supervision and inspection, and increase promotion and implementation efforts. Further establish and improve a series of working mechanisms such as law enforcement guidance and evaluation, strengthening litigation supervision, guarding against law enforcement risks, investigation and prevention of occupational crimes, handling of inspection-related petitions, handling of inspection-related public opinions, grassroots inspection security, and team education and management, and crack down on the three key points of impact Mechanistic obstacles to work deepening.

◆ Ensure the strengthening of party building and team building in procuratorial organs to effectively improve the level of fair and honest law enforcement. We will in-depth carry out the activities of striving for excellence and “building a learning party organization and creating a learning procuratorate”, strengthen the party building of the procuratorial organs, especially the construction of leadership groups and grassroots party organizations, and ensure that the party’s line, principles and policies are fully implemented in the procuratorial organs. implement. Earnestly carry out educational and practical activities with the theme of "Carrying forward traditions, firming beliefs, and enforcing the law for the people" and focusing on solving outstanding problems in ideals and beliefs, awareness of purpose, law enforcement and case handling. Earnestly implement the opinions of the Supreme People's Procuratorate on strengthening the internal supervision of procuratorial organs, focusing on leading cadres, taking law enforcement supervision as the core, and system construction as the key, to strengthen internal supervision and constraints on the operation of procuratorial power. Strengthen the training of basic law enforcement skills that should be known and understood, especially the specialized training of mass working methods in the new era.

Vigorously cultivate "similar case" experts and business experts, and strive to improve law enforcement capabilities and levels under open, transparent, and information-based conditions.

◆Adhere to the people’s nature of procuratorial work and effectively enhance the consciousness of accepting supervision. Strengthen constitutional awareness, thoroughly implement the Supervision Law, conscientiously implement the resolutions of the National People's Congress and its Standing Committee, and timely report on the implementation of resolutions; strengthen contact with the National People's Congress deputies, carefully listen to the representatives' suggestions, criticisms and opinions; handle the tasks assigned by the National People's Congress and its Standing Committee in accordance with the law matters. Consciously accept the democratic supervision of the CPPCC. Deepen the system of people's supervisors, expert advisory committee members, and special prosecutors. Further promote the disclosure of law enforcement processes. Firmly establish the concept of the masses, combine procuratorial functions, do a good job in mass work under the new situation, and regard meeting the judicial needs of the masses as the first need; protect people's livelihood and interests in accordance with the law, and regard safeguarding the legitimate rights and interests of the masses as the first choice; consciously accept the supervision of the masses, and The critical opinions of the masses should be used as the basic basis for improving work; improve the ability of the masses to work, and regard serving the masses and resolving conflicts as necessary law enforcement skills.

◆Effectively improve the leadership, guidance, and demonstration level of the Provincial Procuratorate, and lead the Provincial Procuratorate to perform its duties in accordance with the law. Further improve the decision-making mechanism of the Provincial Procuratorate’s Party Group and Procuratorial Committee, adhere to scientific and democratic decision-making, and strive to practice the correct concept of political performance, law enforcement, and power. Further strengthen the scientific management of the agency and effectively improve the style of the agency. Assist the party committee to strengthen the management and supervision of the leadership team of the lower-level procuratorates. Pay attention to basic work at the grassroots level, increase support and guidance, further improve the guidance and evaluation mechanism, and give full play to the basic role of grassroots procuratorates in deepening the three key tasks.