Ideological understanding of six stubborn diseases

First, the main content of "six chronic diseases"

According to the deployment arrangement of the national mobilization meeting for the pilot work of education and rectification of political and legal teams, it is determined that the rectification of outstanding problems will drive the rectification of superficial problems, change the image of work style, and focus on rectifying "six stubborn diseases":

1. Violates the "Three Provisions" for preventing judicial intervention; 2. illegally operating enterprises; 3. Illegal participation in loans; 4. Spouses, children and their spouses engage in business activities in violation of regulations; 5. Commutation, parole or temporary execution outside prison in violation of laws and regulations; 6. The case is not established, the case is not filed, and the responsibility is not investigated; 7. The former prosecutor acted as a lawyer or legal adviser as a judicial broker in violation of regulations.

Second, there are problems with the "six chronic diseases"

Through in-depth study and education, improve the ideological and political consciousness of procuratorial police officers. * * Through comprehensive investigation and thorough investigation, 1 1 problems belonging to the category of "six chronic diseases" were found. Among them, there were/kloc-0 cases in violation of the "three provisions" for preventing judicial interference, 4 cases of commutation, parole and temporary execution outside prison, and 6 cases of failure to file a case, file a case for investigation and pursue guilt.

(a) in violation of the "three provisions" to prevent judicial intervention.

Individual personnel are unclear and fill in information that does not belong to the report; The contents reported by individual personnel are incomplete, and the main contents such as the basic information and brief information of the reported object are not recorded in detail, which cannot fully reflect the questioned situation; The subject of the filing report is not comprehensive and the coverage is incomplete.

(2) commutation, parole and temporary execution outside prison.

1. The procuratorial organs failed to correct the problems such as incomplete and untimely information of commutation and parole cases submitted by prisons, and the review was not serious and meticulous.

2. The procuratorial organ's basis for commutation provided by the prison, such as commutation, parole scoring assessment, reward approval form, etc., stays in the written review afterwards, ignoring the substantive investigation and review of the objectivity and authenticity of the criminal assessment scores; The trial of criminals has not been fully covered.

3. In view of the fact that prisons attach importance to labor reform and despise ideological reform, the education and reform of criminals' confession and repentance are not enough, and the procuratorial supervision is not meticulous.

4. Procuratorial supervision of cases temporarily executed outside prison, especially prior supervision and synchronous supervision, is not in place; The procuratorial organ's review of cases decided by the court to be temporarily executed outside prison is not solid and comprehensive.

(three) the case is not established, the case is not investigated, and the problem is not investigated.

1. Judicial irregularities lead to data errors and distorted statements. In the long-term fruitless cases supervised by procuratorial organs, due to the incomplete filling of case cards and the untimely uploading of documents in some cases, the cases that have been filed or withdrawn by public security organs still show that they have not been filed or withdrawn in the procuratorial statistical statements, and the cases that have been answered by public security organs still show that they have not been answered in the procuratorial statistical statements.

2. Lack of strict justice leads to poor supervision. Some cases of filing supervision stay on whether the public security organs reply or not, and there is no further review of the legality of the public security organs not filing cases; The public security organ failed to perform its supervisory duties when it received the notice from the procuratorial organ asking for the reasons for not filing a case, and replied within the statutory time limit.

3. The file binding is not standardized. Individual criminal case files lack the receipt of procuratorial organs and the reply of public security organs, and the cover of individual case files is incomplete or even filled with wrong information.

4. The clue management of duty crime cases is not standardized, and the personnel management system is not carefully implemented.

5. There are shortcomings in the investigation and evidence collection of duty crime cases, resulting in low settlement rate, low handling efficiency and poor handling effect.

6. After the completion of the judicial system reform, the grass-roots procuratorates designated to investigate and deal with duty crime cases did not master the circulation procedures of duty crime cases, and the case cards were not standardized, which affected the statistics, analysis and judgment of data.

The third is the effectiveness of rectifying the "six major ills"

For the above-mentioned 1 1 problems found, earnestly implement the requirements of "reducing stock, controlling increment and preventing variables", establish a ledger, take measures on duty, immediately investigate and rectify if conditions permit, and rectify within a time limit if conditions are not available for the time being, and implement them one by one; Adhere to shortcomings, foster strengths and avoid weaknesses, plug loopholes, draw inferences from one example, treat both the symptoms and the root causes, follow up and ask for results, fail to make rectification, fail to sell numbers, and fail to establish a long-term mechanism. By the end of 10 and 18, five companies had been rectified and five companies had completed the construction of institutional mechanisms.

(a) in violation of the "three provisions" hinder the administration of justice.

1. Strengthen educational guidance. Organize the study of "Three Provisions" and typical case reports, scroll the relevant contents of "Three Provisions" on the display screen of the office building, forward the publicity works of "Three Provisions" on the official account of WeChat and the procuratorial local area network, make mobile phone ringtones to prevent cases from being questioned, print the pocket book "50 Questions You Should Know about Preventing Judicial Intervention", carry out various forms of education, and strengthen the consciousness of obeying the rules.

2. Urge individuals to fill in the report. Take individual reports, organize supplementary reports, accept reports and other forms. And make a special confidential envelope to dispel the concerns of police officers and solve the problems related to violations to the maximum extent. Establish an online and offline case-by-case record reporting system, and urge case-handling personnel to simultaneously fill in the reporting items recorded by the unified business application system.

3. Strengthen supervision. Implement a monthly notification system, summarize and analyze the information provided by all prosecutors every month, find problems and deficiencies, issue a notification, and urge rectification. For the departments that report to 15 zero, the leaders in charge of the hospital should attend the department meeting, remind the department heads to talk, help find out the reasons, and urge them to make records. Police officers from both departments filled out the required report forms.

4. Establish a long-term mechanism. The Three Provisions on Normalization to Prevent Judicial Intervention and the Working Rules for the Reporting System of Major Events were promulgated, which standardized the reporting matters, reporting procedures and online and offline reporting requirements of case handlers, and refined the daily management of learning and education, division of responsibilities, supervision and inspection, application of results, and accountability.

(two) illegal operation of enterprises, illegal participation in loans, spouses, children and their spouses engaged in business activities in violation of regulations.

1. Collect information comprehensively. Improve the information collection of all kinds of prosecutors and their relatives, and require police officers, seconded personnel, clerks and employees to fill in the identity information of individuals, spouses, parents, siblings, children and their spouses as required, and collect personal information 1073.

2. Accept social supervision. Set up a report mailbox, publish the report phone number and mailbox, accept complaints from the masses, and investigate and deal with illegal business enterprises through multiple channels. The members of the team led extensive visits, distributed questionnaires to the masses, and comprehensively collected the problems existing in the business enterprises run by prosecutors and their relatives.

3. Carefully screen. Coordinate Sanmenxia Municipal Market Supervision Administration to check the business situation of prosecutors and their relatives, and form a special class to carefully screen the 26 1 feedback information received. After investigation, it was found that two clerks and three employees engaged in business did not violate the prohibition, but they should also be strictly managed. After the conversation, it was reminded that two employed clerks took the initiative to cancel the enterprises under their names, and three employed personnel promised in writing to operate in compliance with the law.

4. Implement dynamic supervision. We will implement the inquiry and notification system for business information of prosecutors and their spouses, prosecutors and their spouses' children, and strengthen the supervision of dynamic information. Organize prosecutors and their relatives to sign letters of commitment with the Municipal Institute according to the categories of personnel, and promise not to run enterprises illegally, participate in loans illegally, and engage in business activities illegally. The letter of commitment shall be kept by the Political Department for future reference.

5. Explore cooperation mechanisms. In order to prevent the occurrence of illegal business-run enterprises from the source, and grasp the information of illegal business-run enterprises, stock participation and business activities of prosecutors and their relatives in real time, a collaborative information inquiry mechanism for business-run enterprises is being established in conjunction with relevant departments, and the information of business-run enterprises of prosecutors and their relatives is regularly inquired, so as to standardize the daily management of prosecutors, prevent illegal problems and ensure the purity of the procuratorial team.

(3) Rectification of illegal commutation, parole, temporary execution outside prison, and illegal employment as a lawyer or legal adviser as a judicial broker after the public prosecutor retires and leaves office.

1. Supervise key cases. Reviewing the 16 criminals temporarily released on parole and 12 community correction criminals handled by Sanmenxia Prison this year. Conduct a comprehensive review of the relevant materials of 102 criminals who are seeking commutation or parole, and suggest and urge the court to try 10 key criminals. Seriously investigate and verify the conversations between the judge and the criminal himself, the police and the prisoners in the same prison before submission and during the court session. It is suggested that five criminals should be strictly controlled to reduce their sentences, and two criminals who intend to be released on parole should be given written opinions not to be released on parole according to law.

2. Strengthen departmental cooperation. Coordinate Sanmenxia Intermediate People's Court to strengthen the daily supervision of the declaration procedure and deadline of commutation and parole in prison; Signed the "Regulations on Strengthening Supervision of Criminals' Scoring Assessment" with Sanmenxia Prison to strengthen the simultaneous supervision of criminals' commutation and parole and fundamentally solve the problem of poor supervision.

3. Strengthen the means of procuratorial supervision. In view of the current situation that the identification procedure of criminals released on medical parole is not strict and the responsible subject is not clear, four grass-roots community correction centers are urged to organize the re-judicial identification of six medical personnel released on medical parole due to illness in time; In view of the re-offending situation of 1 probation workers in the community correction institution found in the "looking back" of temporary probation outside prison, a letter was sent to urge the grass-roots procuratorate to supervise and correct it; In view of the problem that prisons do not pay enough attention to the education and reform of criminals, they issue procuratorial suggestions to prisons, strengthen the training of police officers and attach importance to the ideological education and reform of criminals.

4. Standardize the management of resigned personnel. Organize self-examination. Among the17112 prosecutors who have left the office since 2010, there is no violation of the rules to act as lawyers or legal advisers as judicial brokers. Pass the ball forward It is stipulated that when the prosecutor resigns, he should also sign a letter of commitment not to be a lawyer or legal adviser; Signed "Nine Measures on Informing Lawyers of Professional Information by Prosecutors' Relatives" with the Municipal Bureau of Justice to realize information sharing and dynamic control.

(four) the case is not established, the case is not investigated, and the crime is not investigated.

1. Clear the direction of correction. Focus on the investigation of "one department (judicial personnel duty crime investigation department) and two links (review and arrest link and review and prosecution link)". Comprehensively investigate the clues of 30 cases accepted by our hospital, and at the same time check the clues of 2/kloc-0 cases of judicial personnel's duty crimes that have been completed in primary hospitals, and try to find out whether there are problems such as untenable, delayed establishment, incomplete investigation or inaccurate conclusions; Self-examination of criminal cases handled since 20 19, and case-by-case evaluation of cases of non-approval of arrest, non-prosecution and criminal appeal handled since 20 17. And focus on finding out whether there are problems such as not arresting, not suing, and missing crimes.

2. Strengthen standardized management. To study and formulate the Provisions on the Administration of Clues in Accepting Duty Crimes by Criminal Execution Procuratorial Department of Sanmenxia Procuratorate, revise and improve the Provisions on the Administration of Filing Duty Crimes by Sanmenxia People's Procuratorate (Trial), uniformly produce the Statistical Table of Sanmenxia Procuratorate's Investigation and Handling of Judicial Personnel's Duty Crimes and the Account of Sanmenxia Procuratorate's Acceptance of Judicial Personnel's Duty Crimes, standardize the management of case clues, strictly investigate and file the system, and strengthen the unified control of case clues.

3. Strengthen study and education. Collect the courseware, experience and learning materials of duty crime investigation in the Supreme People's Procuratorate and other procuratorial organs, burn them into CDs and distribute them to the police officers of duty crime investigation departments of two-level procuratorates, establish a self-study system, incorporate the learning situation into the assessment content of this business line, and urge the police officers to consciously improve their work ability. Issued the "Notes on Regulating the Circulation of Duty Crime Investigation Cases in the Unified Business Application System" to standardize the filling records of duty crime investigation and handling nodes.

Doing a good job in the rectification of persistent diseases is the key link of education rectification, the success or failure, and the political responsibility that the Municipal People's Procuratorate must bear and the mission of the times that it must fulfill. In the next step, we will continue to deepen the rectification of the "six chronic diseases" with higher standards, greater efforts and stricter measures, accept the supervision of all sectors of society and the evaluation of the people with an open mind, promote rectification through supervision, supervise and test the effectiveness, and hand in a qualified answer to the party and the people.

Sanmenxia people's procuratorate

Education rectification leading group office

-From the Internet