How do procuratorial organs do a good job in preventing job-related crimes

The ancients said, "Prevention beforehand, rescue afterwards, and warning afterwards." . Prevention is the best, rescue is the second and warning is the second. "This fully demonstrates the importance of crime prevention. Years of practical experience in anti-corruption also shows that severe crackdown and punishment can only play a role in slowing down duty crimes in a certain period and to a certain extent, but can not fundamentally reduce and contain duty crimes. Only by carrying out the prevention of duty crimes in an all-round and multi-angle manner is the fundamental solution to deal with duty crimes. Since 1992, when the Anti-Corruption and Bribery Procuratorate was established in the Supreme People's Procuratorate, the procuratorial organs have gone through 20 years of exploration and practice, and gradually formed a set of effective methods and systems for the procuratorial organs to prevent job-related crimes, making due contributions to improving the anti-corruption work system and preventing and reducing job-related crimes. However, in practice, there are still some problems, such as unclear positioning, ineffective measures, few methods, lack of standardization and weak innovation. The author will talk about his own superficial understanding from the perspective of how to strengthen the self-construction of the prevention department of procuratorial organs and how to strengthen and enhance the work of preventing duty crimes.

First, the function orientation of procuratorial organs in preventing duty crimes

Accurately understanding and scientifically grasping the functional orientation of procuratorial and preventive work is the premise and key to do a good job in procuratorial and preventive work. The prevention of duty crime in China can be divided into four parts: legislation, judicature, administration and social prevention. The prevention of duty crimes by procuratorial organs is an aspect of judicial prevention. The main body of duty crime prevention includes not only the Party Committee, the National People's Congress and the government, but also relevant departments, social forces and the people. The procuratorial organ is one of the relevant departments, a member of the subordinate subject and plays the role of a functional department. From this, we can grasp the functional orientation of procuratorial prevention work from the following aspects: First, procuratorial prevention work is a branch of duty crime prevention work, and it must have overall awareness and overall awareness. Procuratorial prevention has advantages and its own characteristics in preventing duty crimes, but it cannot have the wrong understanding of "winning the world". Second, procuratorial and preventive work is judicial in nature, and it cannot actively intervene in certain social life or management activities like administrative prevention and legislative prevention. In the absence of illegal crimes, it is only qualified to persuade and suggest, but not to exercise power. Third, the procuratorial and preventive work must be carried out under the leadership of the Party Committee and cannot be carried out without the procuratorial function, because the procuratorial and preventive work is not authoritative, and some places try to prevent the "consultation review" in the field of state-owned enterprises, which, in a certain sense, exceeds the authority to exercise administrative power. Therefore, it is necessary to put procuratorial prevention in a correct position and carry out prevention by strengthening contact and coordination with relevant departments and units, so as to achieve "no offside in place, no ultra vires due diligence, no interference in participation, no confusion for help, no substitute for service".

Second, the significance of procuratorial organs to prevent duty crimes

In recent years, the Supreme People's Procuratorate has successively issued a series of documents, such as "Working Rules for the Prevention of Duty Crimes by People's Procuratorates (Trial)", and positioned the prevention of duty crimes as an important business work of procuratorial organs. Cao Jianming, Procurator-General of the Supreme People's Procuratorate, pointed out at the Third National Conference on the Prevention of Duty Crimes: The prevention of duty crimes by procuratorial organs is an important aspect of the overall pattern of the anti-corruption construction of the party and the country, an important part of the system of punishing and preventing corruption, and an inevitable extension of the work of punishing duty crimes by procuratorial organs. Procuratorial organs at all levels must accurately grasp and always adhere to the functional orientation of prevention work, and strive to promote the healthy development of procuratorial organs' prevention of duty crimes at a higher starting point, a higher level and a higher level. Therefore, it is of great significance for procuratorial organs to prevent duty crimes.

(1) The prevention of duty crimes by procuratorial organs is an extension of investigating and handling duty crimes. As the procuratorial organ is specifically responsible for the investigation of duty crime cases, it is familiar with the reasons, links and means of committing crimes. Therefore, through the analysis of individual cases and similar cases, it is easier to grasp the characteristics and laws of duty crime cases and understand the occurrence and development process of duty crime. Therefore, it is more familiar with how to take targeted measures to contain them. In this sense, the prevention of duty crimes by procuratorial organs has unique characteristics and advantages that cannot be replaced by any other organs and departments, and it is an important aspect of judicial prevention.

(2) The prevention of duty crimes by procuratorial organs can better realize the organic unity of the legal effect and social effect of handling cases, so as to truly achieve the effect of investigating and warning every case. Preventing job-related crimes after investigating and handling cases can play a role of "mending after it is too late" for the unit that committed the case, and can also play a warning and demonstration role for other units and industries to prevent similar cases from happening again. At the same time, the prevention of duty crimes by procuratorial organs is also a platform for external publicity and exchange. Through preventive publicity, all units, industries, especially the people can better understand the functions and responsibilities of procuratorial organs, so as to support and cooperate with procuratorial organs in investigating and preventing job-related crimes.

(3) The prevention of duty crimes by procuratorial organs is an effective way to promote and innovate social management. By analyzing cases, the prevention department of procuratorial organs found the occurrence, development and change law of duty crimes, and put forward suggestions on standardizing management and plugging loopholes to prevent duty crimes, thus promoting social management innovation. Preventive procuratorial suggestions are divided into the following categories: First, case suggestions. That is, through investigating cases, procuratorial organs find loopholes and problems in the system and management of the unit that issued the case, and put forward targeted solutions and measures. Case suggestions are one-to-one, usually called one case and one suggestion. Such procuratorial suggestions are relatively microscopic and targeted. The second is the suggestion of similar cases. That is, the procuratorial organ finds out the characteristics and laws of such cases through investigation and analysis of such cases, and puts forward preventive suggestions and specific preventive methods and measures to relevant units and industries where such cases occur. Such procuratorial suggestions are relatively mild and cannot be comprehensive. Only with * * * can suggestions and measures be put forward. Third, suggestions for industries and systems. It is a preventive scheme and measure put forward by procuratorial organs through the characteristics and laws of duty crime cases in the same industry and system in a certain period. This kind of procuratorial suggestions are also mild, and they are often put forward for problems with * * * in the same industry and system, which has a good promotion effect on the prevention work of a system and industry. The fourth is regional procuratorial suggestions. It is a preventive suggestion and measure put forward by the procuratorial organ in view of the characteristics and laws of cases in a certain administrative area for a certain period of time. Such procuratorial suggestions are relatively macroscopic, and often involve all aspects of social and economic development in a certain area or several functional departments in a certain area. Such suggestions are usually submitted to local party committees, governments and other departments for their decision-making reference.

No matter which of the above four procuratorial suggestions is, it is a perfect suggestion for the management system and management measures of relevant units, related industries, related fields and related regions, and has a positive role in promoting and innovating social management.

Third, how to prevent job-related crimes.

Usually, we say that leaders attach importance to the prevention work. The so-called leadership attention here, in my opinion, is divided into two types: internal and external. Internally, the attention of leaders mainly refers to the attention of the procurator-general and the specific attention of the deputy procurator-general; Externally, it mainly refers to the attention of the party Committee and government and the active cooperation and participation of various functional departments. Therefore, in primary hospitals, the prevention of duty crimes should be analyzed from three levels.

(1) How do the chief procurators of grass-roots hospitals attach importance to and do a good job in preventing job-related crimes.

Judging from the situation in Zhaotong City, after the healthy development in recent years, all counties and districts attach great importance to this work and have made some useful explorations and attempts in practice. However, as the "number one", there is still a gap in the understanding of how to promote and promote the prevention of duty crimes in a place. The author believes that in order to make a local job-related crime prevention work effective, the chief procurator of grass-roots hospitals should grasp the following aspects:

1. Be familiar with the county situation and make long-term and sustainable planning and overall planning for local investigation and prevention of duty crimes.

Procurators in grass-roots hospitals should integrate into the local social life, have a clear understanding of the local social, economic, cultural and living environment, especially the local economic pillar industries, key support projects, hot and difficult issues, and carefully analyze the duty crime cases investigated and handled by our hospital in a certain period of time. On the basis of understanding the county situation and analyzing the law of cases, it is necessary to have a long-term plan and clear long-term and short-term goals for the prevention of local duty crimes. We can closely focus on the central work of local party committees and governments, put forward plans and ideas for preventing job-related crimes, and promote the work of preventing job-related crimes with a point and a face, a small area and a large area, and a local drive. The determination of the goal must be combined with the local reality, otherwise it will become an unrealistic dream.

2 actively strive for the support of local party committees, governments and people's congresses for the procuratorial organs to investigate and prevent job-related crimes.

First of all, we must establish the overall awareness that procuratorial organs must obey and serve the central work of the party Committee and government under the leadership of the party Committee. At the same time, it should also create a good social environment for procuratorial organs to investigate and prevent duty crimes. Therefore, the procurator-general should focus on the following tasks: First, actively, timely and regularly report to the local party committee the arrangements for the procuratorial organs to investigate and prevent job-related crimes, especially the arrangements for special activities and rectification actions in key areas by the procuratorial organs at higher levels, so that the local party committee can fully understand and support the procuratorial organs to investigate and prevent job-related crimes; The second is to actively promote the establishment of a leading mechanism for the prevention of duty crimes under the leadership of the party Committee. Judging from the actual situation in our city, all counties and districts have set up leading groups for the prevention of duty crimes under the leadership of party committees, but in practice, few of them really give full play to their roles. The leading group for the prevention of duty crimes under the leadership of the Party Committee is not only the front position of the Party Committee's prevention work, but also a platform for the procuratorial organs to promote the healthy and orderly development of procuratorial prevention work. Therefore, how to make full use of this platform and transform the ideas and measures of procuratorial organs' preventive work into the decision-making arrangements of local party committees is a problem that grass-roots prosecutors should think deeply about. Judging from the author's practice, local party committees have high hopes and full expectations for the procuratorial organs' work of preventing duty crimes, and fully affirm and support the procuratorial organs' work plan of preventing duty crimes. Therefore, grass-roots hospitals should and can use the leading group for the prevention of duty crimes under the leadership of the Party Committee as a platform for the release of preventive ideas, the implementation of preventive measures and the prevention of publicity and dissemination, and really make good use of the working mechanism for the prevention of duty crimes under the leadership of the Party Committee.

3. Actively communicate and coordinate to create a good internal and external environment for procuratorial and preventive work. On the one hand, we should devote ourselves to the creation of external environment. First of all, we must win the support of the government and include the funds for investigating and preventing duty crimes in the financial budget. It is necessary to regularly report to the National People's Congress on the investigation and prevention of duty crimes by procuratorial organs, and strive for NPC deputies' understanding and support for the investigation and prevention of duty crimes by procuratorial organs. Secondly, it is necessary to strengthen communication with party committees and government departments, and strive to prevent member units and contact units from not knowing or understanding the procuratorial organs' work of preventing duty crimes. It is necessary to adjust measures to local conditions, focus on selecting industries or departments with good foundation and perfect system measures as key demonstration areas for preventing duty crimes, at the same time, select departments or industries with more cases and chaotic management in recent years as key contact points, strengthen communication and coordination with major leaders, establish a contact mechanism for preventing duty crimes, combine key demonstration areas with key contact points, and carry out prevention work in a targeted, planned and step-by-step manner to drive all departments in the county to prevent duty crimes. On the other hand, efforts should be made to create an internal environment. The prevention of duty crimes has been carried out in procuratorial organs for less than 20 years, and the understanding of this work has also gone through a process. For a time, whether the prevention department belongs to the comprehensive department or the business department in the procuratorate is a controversial topic. In recent years, with the Party Committee attaching great importance to prevention and the hard work of procuratorial organs at all levels, the position of duty crime prevention has been improved, and it has also been clearly defined as one of the business departments of procuratorial organs. However, because the development of this work mainly depends on the attention of leaders, some hospitals have the phenomenon of marginalization of prevention work. As early as 2002, the "Provisions of the Supreme People's Procuratorate on the Division of Responsibilities for Preventing Duty Crimes in Internal Organs of Procuratorial Organs" clearly stipulated the preventive tasks of various business departments in procuratorial organs. However, in practice, the phenomenon that the word "prevention" is associated with the prevention department exists objectively. Prevention is a part of the procuratorial function, but it is not enough to fully perform this function only by one or two people in the prevention department. Therefore, as the person in charge of primary hospitals, we should attach great importance to prevention work, fully support it, and integrate the forces of anti-corruption, anti-blasphemy, public prosecution, investigation and supervision, people's bank, application control, prisons and other departments to jointly carry out prevention work. At the same time, it is also necessary to clarify the coordination methods and measures of anti-corruption, anti-blasphemy, public prosecution, investigation and supervision departments on prevention work, form a clear system and process, and change the difficult situation of internal coordination of prevention departments.

(2) How the Deputy Procurator-General supervises and implements the work of preventing duty crimes.

The deputy attorney general in charge of this matter is in a connecting link. It is necessary to consider the implementation of the requirements of the local party committees and governments and the work ideas of the procurator-general, and to put forward opinions and suggestions in light of local conditions, as well as to check and supervise the implementation of specific measures and specifically coordinate internal departmental relations. From the reality of our city, the deputy procurator-general in charge of prevention in most counties and districts is also the head of the self-investigation department, which has advantages and disadvantages. The advantage is that it is conducive to the coordination between self-investigation and prevention departments and provides more convenience for prevention departments in preventive investigation and early intervention; The disadvantage is that most deputy procurators are busy with self-investigation cases and are in a state of coping with or even ignoring prevention work. From a practical point of view, counties and districts that have done well in prevention work are hospitals that the chief procurator and deputy chief procurators attach great importance to, support and even personally participate in prevention work. As for how the deputy procurator-general in charge can do a good job in preventing duty crimes, the author thinks:

1. The Deputy Procurator-General in charge should do a good job in internal and external communication and coordination to create conditions for the prevention department to carry out prevention work. It is far from enough to rely on the communication and coordination of the procurator-general and the clarification of internal responsibilities for prevention work. In terms of external coordination, it is extremely important for the Deputy Attorney General to be responsible. The coordination of the procurator-general is macroscopic, while the coordination of the deputy procurator-general in charge means the formulation of specific methods and measures and the handling of practical problems encountered in the prevention work. Therefore, whether in the process of preventive investigation, case analysis, implementation of procuratorial suggestions or procuratorial interviews, the deputy procurator-general should take the initiative to undertake the responsibility of communication and coordination with relevant departments, strengthen the attention of procuratorial organs to this work, and promote the understanding and attention of relevant departments, which is conducive to the strong promotion of preventive work. In terms of internal coordination, if the prevention and self-investigation departments belong to the same deputy procurator-general, then preventive investigation, crime analysis, procuratorial suggestions, etc. It's just a matter of work arrangement. When the arrangements are in place, the corresponding difficulties will be solved and the work measures will be implemented. If the same deputy attorney general is not in charge, it is necessary to communicate and coordinate with the hospital leaders, which can avoid the phenomenon of mutual shirking caused by insufficient understanding and create conditions for the prevention department.

2. It is necessary to analyze and judge the situation of local cases, put forward key industries and fields to carry out prevention work in combination with cases, clarify key demonstration areas and key contact points, and specifically guide the prevention investigation, procuratorial suggestions, crime analysis, procuratorial interviews, and prevention annual reports. In a sense, the deputy procurator-general in charge is more familiar with the local county situation. In addition, he specializes in the investigation of self-investigation cases and has a better understanding of the places and links where duty crimes occur frequently and frequently. Therefore, we should have more say when determining the short-term and long-term goals of preventing duty crimes with the main leaders, especially in which key industries and fields we should focus on preventing duty crimes. Therefore, the deputy procurator-general in charge should give full play to this advantage and actively put forward suggestions and plans for prevention work to the main leaders; At the same time, it is necessary to lead and guide the work of the prevention department in detail, especially to check whether the focus of the prevention investigation is deviated, whether the depth and breadth are sufficient, whether the procuratorial suggestions are divorced from reality, whether the criminal analysis is divorced from the case itself, whether the procuratorial interview is divorced from hidden dangers, whether the annual prevention report is the same, and whether it cannot reflect the local actual situation and realistic characteristics. On the basis of inspection and supervision, it is necessary to clarify the rectification plan and measures, and urge them to be fully implemented.

3. Strengthen supervision and implementation. Whether the plans, schemes and measures to prevent duty crimes are implemented or not is closely related to the supervision, guidance and inspection of the deputy procurator-general. Therefore, as the Deputy Procurator-General in charge, from a macro perspective, at the beginning of the year, it is necessary to check whether the overall thinking and annual work plan for preventing duty crimes are closely designed around the overall goal of preventing duty crimes in the local area, and whether they meet the relevant requirements of local party committees and higher-level hospitals; It is necessary to check the relevant business data and effectiveness of preventive work in the middle of the year, such as whether the preventive investigation has been completed and what is the quality of completion? Is it closely related to the actual situation of the case or to the objective situation of the unit that issued the case? Have the procuratorial suggestions been issued? What is the reply, whether a return visit has been made, etc. ; At the end of the year, we should check the achievements and effects of prevention work, and understand the feedback from relevant units and the specific problems existing in the work. If the Deputy Procurator-General in charge attaches importance to the prevention work as much as the self-investigation work, and arranges the deployment of the prevention work at the same time, the prospect and effect of the prevention work will make breakthrough progress.

4. Pay attention to the integration of resources and personnel. Grass-roots hospitals are short of staff, and many departments are the departments of one person, or even one person has several jobs. Objectively speaking, in any primary hospital, it is not enough for one person to do preventive work. Therefore, as the deputy attorney general in charge, we should pay attention to the integration of personnel and resources. Pay special attention to the integration of prevention personnel and self-investigation department personnel, which will effectively promote investigation and prevention. First, it is convenient for the self-investigation department to conduct investigations through highways. Investigation in the name of prevention is easy to be accepted by the crime unit, and it is not easy to arouse the vigilance and suspicion of criminal suspects, which is of great benefit to the investigation of self-investigation cases; Second, it is convenient for the prevention department to be familiar with and understand the case. The prevention staff involved in the investigation will better understand the causes and links of the case, which is conducive to putting forward reasonable and targeted prevention and prosecution suggestions through in-depth analysis of the causes; Third, it can make up for the shortage of investigators and preventive personnel.

(3) How does the prevention section chief (person in charge) do a good job in preventing job-related crimes?

As the implementer of the prevention work of the procuratorate, the chief of the prevention department directly determines and affects the prevention work of duty crimes in our hospital. What should the prevention section chief (person in charge) do? The author thinks:

1. Strengthen the cultivation and shaping of their own abilities. For people engaged in preventive work, we can describe the qualities they should have in one sentence: "stand up and talk, sit down and write, communicate from top to bottom, and coordinate left and right." Therefore, the requirements for prevention staff should be said to be relatively high, and people with strong comprehensive ability and quality are needed. The quality of prevention work in a place depends on good ideas, good measures and good implementation. In this sense, I divide prevention personnel into three categories: the first category is excellent prevention personnel. Such people are forward-looking, familiar with and aware of the local actual situation, able to put forward work ideas and methods and measures according to the local actual situation and case situation, or able to formulate specific measures according to the ideas of leaders, implement the prevention work plan of local party committees and party groups, and sum up their experience; The second category is competent preventive personnel. These people are familiar with the methods of prevention, but lack ideas on how to prevent job-related crimes in the local area. They can formulate specific methods and measures according to the intention of leaders or the requirements of higher-level hospitals, and summarize the implementation in time. The third category is general prevention personnel. This kind of personnel do not understand the methods and measures of preventive work, lack enthusiasm and initiative, and are in a state of coping with the work arranged by the superior hospital and the specific tasks arranged by the hospital leaders, which cannot be effectively implemented. Because of the existence of three types of personnel, our prevention work is divided into three levels. It is excellent to have ideas, measures, implementation and effectiveness; No thinking, measures, implementation, little effect, and thinking, measures, implementation, ineffective, etc. ; There are ideas, no measures, no implementation, no results or no ideas, no measures, no implementation, no results, it is better to have ideas. In reality, the work of most of our primary hospitals is second-rate. Due to the habit formed for many years, the prevention work of most hospitals in our country stays at the level of implementing the requirements of municipal hospitals, and there are few independent innovative ideas, methods and measures, which is the fundamental reason why the prevention work has entered a bottleneck and is difficult to expand. Therefore, it is particularly important for prevention workers to strengthen their own ability and quality construction.

2. Maintain the passion and enthusiasm for prevention. Over the years, some police officers have formed the understanding that the prevention department is a marginal department, and the prevention work is not the main business work of the procuratorate, so the internal organs are not taken seriously. This understanding is one-sided. In recent years, from the Supreme People's Procuratorate to the provincial people's procuratorate, it is not uncommon for the conference to talk about prevention. Especially in recent years, the promulgation of a series of case-handling documents and measures in the Supreme People's Procuratorate has highlighted the important position of prevention work. Therefore, comrades engaged in prevention work should regard prevention work as a challenge to their comprehensive ability and quality, and devote themselves to the prevention of duty crimes with full enthusiasm. Take our lecture on legal prevention as an example: Why do some people talk about the same content, so that those who attend the lecture can sigh and feel, while others talk about it annoyingly? The biggest reason is that the enthusiasm and passion injected by the lecturer is not enough, which makes the original vivid teaching dull.

3. Renew ideas and concepts. It should be said that since the implementation of the Working Rules for the Prevention of Duty Crimes in the Supreme People's Procuratorate in 2007 and the Provisions for the Prevention of Duty Crimes by Combining Law Enforcement Measures in 2008, the measures and methods for the prevention of duty crimes in Zhaotong City have been standardized, forming a set of prevention ideas and methods with Zhaotong characteristics. At present, the problem that restricts our development is still the concept. When it is clear that the prevention of duty crimes must highlight the procuratorial function, and on the basis of combining with investigating cases, we must update our concepts. For example, how to use preventive investigation correctly and highlight its effectiveness. As we said before, preventive investigation is not only limited to the investigation of cases that have happened, but also can be combined with local actual conditions, key projects and project construction, hot and difficult issues, which is also an aspect of highlighting local characteristics. Another example is the diversity of propaganda forms. In the aspect of preventive propaganda, most of our hospitals stay in the special activities arranged by municipal hospitals, while I only engage in special activities, lacking thinking about how to carry out distinctive and innovative propaganda forms and effective carriers in combination with local conditions.

4. It is necessary to strengthen the research and analysis of the situation of duty crimes in this region, and put forward suggestions for preventing duty crimes in combination with the actual situation. Through case investigation and so on. , put forward the industry, department or system, or one or several units that need to focus on preventing duty crimes, and put forward specific methods and measures to clarify the effects and goals that need to be achieved. We should have a general understanding of the job-related crime prevention work of a unit or an industry department, that is, the effect that needs to be achieved through one year or a period of work.

5. The implementation of specific work should be in place. An excellent prevention section chief should have ideas, specific methods and measures on how to do a good job in prevention, and have the effect of implementation. In layman's terms, prevention means nothing to do. If we simply wait for the self-investigation department to handle the case and wait for the self-investigation department to close the case before carrying out the prevention work, this is unacceptable. If the case is finished and we don't start work, it will be even worse. In practice, this will also happen. Preventive personnel are not familiar with the case, and have not conducted in-depth and detailed preventive investigation. They copied it in criminal analysis and wrote an analysis report according to the case. Although the analysis report is gaudy, it is incompatible with the facts and reasons of the case and obviously loses the significance of criminal analysis.