What measures should be taken by the Industrial Park Procuratorate to give full play to its prosecutorial functions?

Currently, our country is in a period of social transformation, with profound changes in the economic system, profound changes in social structure, profound adjustments in the interest pattern, and profound changes in ideological concepts. At present, it is not only a period of strategic opportunities for economic and social development, but also a period of frequent social conflicts and disputes. Procuratorates participating in social management innovation are faced with new tasks and new requirements for social management innovation. Social management innovation issues require holistic thinking to achieve the unity of preventing and resolving disputes. From a theoretical level, studying social management innovation issues can make up for the shortcomings in legal relief and promote the expansion of social management functions; from a practical level, studying social management innovation issues can provide solutions for dispute resolution from the perspective of system construction. Mechanisms explore straightforward practical models. The procuratorial organs must be based on their procuratorial functions, effectively identify the entry and focus points for strengthening and innovating social management, actively build the "three platforms", strive to achieve the "five extensions", and conscientiously improve the "eight mechanisms" and other ways to strengthen and innovate social management.

1. It is necessary to solidly build the three platforms and fully perform the functions of the procuratorial organs in social management innovation.

1. Conscientiously build a platform for providing advice and suggestions to the party committee and the government, and consciously serve the overall development situation.

First, we must correctly handle the relationship between law and innovation, and consciously safeguard the dignity and authority of the law. Innovation means a certain degree of adjustment and change, while the rule of law requires that good laws be universally observed and that the authority and stability of the law are maintained. Then, in the process of social management innovation, how to coordinate the relationship between innovation and the rule of law should attract the attention of people, especially governments at all levels. From a practical perspective, the practices of some local governments and related departments have exposed the relationship between innovation and the rule of law. For example, some places post photos, resumes and other detailed information of people with criminal records of theft in shopping malls, stations and other public places to warn customers and passengers to guard against theft. Such "well-intentioned" innovative social management measures have also triggered A lot of doubts. Innovative social management must be carried out on the basis of the rule of law. The more people pay attention to an issue and express strong reactions, the less power can be used to replace law. We must respect and abide by rules, use legal means to manage social affairs and resolve social conflicts. Once social management innovation deviates from the track of the rule of law, it becomes arbitrary and unpredictable. Even if it may contribute to social stability in a specific period of time, it cannot guarantee the reasonable allocation of social interests in the long run, and instead puts society in uncertainty. Among the risks, when specific disputes arise, they cannot be settled in a timely and fair manner, and cannot effectively resolve conflicts and solve problems. The second is to further strengthen the investigation and analysis of the occurrence patterns of criminal crimes and provide decision-making reference for promoting the construction of social security prevention and control system. By giving full play to the functions of investigation, supervision and public prosecution, we strive to improve the comprehensive management measures of social management in the procuratorial link, conduct timely dynamic analysis of various criminal crime data on review of arrests and review and prosecution, and form a batch of high-quality criminal crime analysis and investigation reports to the party committee, The government puts forward suggestions to eliminate hidden dangers, strengthen management, and prevent crime. The third is to further strengthen the analysis and judgment of the characteristics and causes of occupational crimes and provide decision-making reference for promoting anti-corruption and building integrity. In conjunction with the investigation and handling of cases, preventive investigations are carried out in areas and links prone to occupational crimes, and procuratorial suggestions for improving systems, plugging loopholes, and standardizing management are promptly provided to the units where the crimes occur and their competent departments. The fourth is to further strengthen the supervision of judicial and administrative law enforcement activities and provide decision-making reference for promoting fair justice and administration according to law. By fully performing litigation supervision functions and carrying out reports and interviews, we can promptly discover unfair law enforcement, illegal law enforcement, and law enforcement deviations in judicial and administrative law enforcement departments, issue correction notices and procuratorial suggestions in a timely manner, and promote fair justice and standardized law enforcement.

2. Earnestly build a procuratorial service platform and strive to improve service levels.

First, we must focus on investigating and handling cases and strive to safeguard people's livelihood, civil rights, and interests. In accordance with the deployment and arrangements of the Supreme People's Procuratorate, we must focus on the key areas where occupational crimes are prone to occur in the field of people's livelihood, and promptly investigate and deal with education, employment, food and medicine, medical and health, social security, land acquisition and demolition, emergency and disaster relief, immigration compensation, welfare, etc. Occupational crimes that harm people's livelihood and interests in the fields of agricultural subsidies, returning farmland to forests, resource development, and environmental protection.

For behaviors that infringe on national interests and public interests, we must conscientiously implement the spirit of the Jinggangshan Conference of the Supreme People's Procuratorate, deepen the reform of the three key tasks of civil and administrative prosecution, actively carry out public interest litigation, and effectively safeguard the public interests of the country and citizens. . The second is to ensure the smooth progress of litigation activities and effectively safeguard the legitimate rights and interests of litigation participants. Protect the legitimate rights and interests of witnesses and whistleblowers, handle reports from the masses and complaints from parties involved in cases in accordance with the law, and provide clear responses. Protect the legitimate rights and interests of victims, strive to recover their losses, and help solve their practical difficulties. Protect the litigation rights of criminal suspects, defendants and lawyers. Promptly correct various situations that infringe upon the legitimate rights and interests of litigation participants in accordance with the law. The third is to carry out assistance, education and management work for special groups by actively participating in community corrections. Strengthen the follow-up and supervision of community corrections for persons under supervision, probation, parole and out-of-prison execution. Support relevant departments and colleagues to do a good job in the admission and treatment of special personnel such as drug-related AIDS and cancer patients. Cooperate with relevant departments to strengthen service management for the floating population. The fourth is to carry out legal publicity and education as the starting point to protect the legitimate rights and interests of minors, women and children. Work closely with communities, youth leagues, schools, minors protection organizations, etc. to strengthen legal publicity and education for minors. Strengthen education and rescue of juvenile delinquents. Actively carry out activities to safeguard the rights of women and children.

3. Earnestly build an internal case management platform to further promote fair and honest law enforcement.

First, we must strengthen case management and standardize the correct operation of procuratorial power. It is necessary to strictly follow the requirements of the High People's Procuratorate and provincial and municipal courts, strengthen the construction of case management centers, and strive to improve the law enforcement case management and supervision system that integrates case filing, handling, approval, inquiry, and supervision, so as to achieve centralized acceptance, unified entry and exit, and process Management and dynamic supervision to achieve full-process, refined, real-time and open case management and supervision. The second is to strengthen case supervision and improve the quality of law enforcement. Create electronic law enforcement files. Improve the quality assessment of law enforcement, implement monthly inspections for all cases handled, and ensure that every case is inspected. The assessment results will be included in the annual assessment goals of individual police officers as an important basis for police performance evaluation, promotion and accountability for law enforcement mistakes. The third is to organize case reviews to ensure the effectiveness of law enforcement. It is necessary to continuously strengthen the quality of law enforcement, and carry out careful and detailed evaluation activities on the fact determination, evidence collection, procedural application, legal application, processing results, social effects and other aspects of the cases handled through inspections, interviews and surveys, visits and evaluations, etc. , constantly improve the quality of case handling and law enforcement levels, and ensure that every case handled by the procuratorial organs can withstand the test of history, time and facts.

Second, we must strive to achieve the five extensions and actively explore and innovate the social management work of the procuratorial organs.

1. It is necessary to improve the supervision methods and realize the extension of procuratorial work to promote the legal administration and standardized management of government departments.

First, we need to increase supervision of major people’s livelihood projects. Strengthen the supervision of projects and funds that benefit people and farmers, and work with relevant departments to increase the use of funds that benefit people such as immigration funds, education funds, labor security funds, basic medical security funds, poverty alleviation funds, funds for returning farmland to forests, and land development and consolidation funds. Management and supervision to ensure that projects benefiting the people are implemented. The second is to carry out simultaneous supervision of major engineering projects. Increase supervision over the establishment, planning, land acquisition and demolition, project bidding, project construction, project acceptance, and final accounts auditing of major infrastructure projects and major people's livelihood construction projects, carry out preventive publicity and preventive investigations in a timely manner, and track and supervise the construction of major projects The operation of central financial allocation, fund management, project quality and other links ensures the safety of government investment. The third is to actively explore and carry out administrative prosecution. We will effectively safeguard the interests of the public through administrative prosecutions that result from the illegal exercise of administrative power by administrative agencies, such as the loss of state-owned assets, environmental pollution and damage, irrational use of land, illegal approval of public projects, illegal bidding and contracting, etc. public interests and effectively supervise the legal operation of administrative power.

2. We must adhere to the mass line and extend the procuratorial tentacles to grassroots political organizations and grassroots people.

First, we must improve measures that are convenient and beneficial to the people. Uphold and improve the people's supervisor system. Establish procuratorial work liaison offices in towns, streets, and communities, implement procuratorial open days, and select people’s congress deputies, CPPCC members, and grassroots self-governing organization personnel to serve as procuratorial liaison officers.

Extensively carry out legal publicity and education, promptly investigate and prevent job-related crimes committed by grassroots organization personnel, properly resolve the reasonable demands of grassroots people, and effectively maintain the harmony and stability of towns, streets, and communities. The second is to deepen the transparency of inspection affairs. Set up a procuratorial work information consultation platform, set up electronic procuratorial work public inquiry systems such as electronic display screens and automatic touch screens, and adopt the methods of holding symposiums, hearings, questionnaires, etc. to extensively solicit public opinion and ensure the people's right to know and supervise the procuratorial work. right.

3. It is necessary to standardize the operation of power, realize the extension of procuratorial supervision to standardized law enforcement, and ensure that litigation activities are open and fair.

First, we must strengthen supervision of litigation procedures. Seize the issues of lax law enforcement and judicial injustice that are strongly reported by the people, strengthen the supervision of key links and key positions in litigation activities such as case filing, investigation, change of compulsory measures, seizure and freezing of money and property, trial, and execution, and increase the supervision of procedures. Strengthen the supervision and correction of violations, and ensure substantive justice with procedural fairness. Second, we must increase the intensity of legal supervision of judicial personnel’s illegal actions in litigation. By reviewing case files in accordance with the law, investigating and verifying illegal facts, proposing opinions to correct illegal violations, recommending replacement of case handlers, and filing cases to investigate duty-related crimes, we can promptly investigate and verify malfeasance by judicial personnel, resolutely correct lax law enforcement and judicial injustice, and enhance judicial credibility.

4. It is necessary to strengthen investigation and research to realize the extension of procuratorial functions to the implementation of criminal justice policies and promote the unified and correct implementation of national laws.

First, ensure the correct application of criminal justice policies. Conscientiously implement criminal justice policies such as "two expansions and two reductions", the combination of leniency and severity, and criminal reconciliation, strengthen communication and coordination with public security organs, people's courts and other departments, and jointly study and solve new situations that arise in the implementation of national criminal justice policies new issues, unify policy boundaries and law enforcement standards, and promote the comprehensive implementation of various policies in all aspects of criminal proceedings. Second, we must strengthen coordination and communication with investigation agencies, trial agencies and penalty execution agencies. Establish a reporting system with investigation agencies for the handling of criminal cases and the adoption and change of compulsory measures. Actively communicate and communicate with the people's courts to unify evidence standards, eliminate differences in understanding of fact determination and legal application, actively promote the standardization of sentencing, further standardize discretionary power, and strive to coordinate and resolve fair and balanced handling of occupational crime cases. Establish a supervision information interconnection system with the penalty execution and supervision agencies to ensure that the procuratorial organs achieve simultaneous and dynamic supervision of penalty execution changes and supervision activities.

5. It is necessary to innovate working methods, realize the extension of procuratorate and case handling to active participation, and guide parties to resolve conflicts and disputes.

First, we must actively carry out criminal reconciliation work. Accurately grasp the applicable scope of criminal reconciliation, focus on standardizing notification, reconciliation, review and other procedures to ensure that the parties voluntarily and legally reach a reconciliation agreement. Actively accept supervision and invite people's supervisors, image supervisors, and community representatives to participate in hearings and reviews of criminal reconciliation cases to ensure openness, fairness and transparency. Implement follow-up visits and promptly pay attention to the correction and return of criminal offenders. Second, we must conscientiously carry out the implementation and reconciliation work. In the process of handling civil administrative appeal cases with effective judgments and rulings, the procuratorate presides over the process. The parties involved shall adhere to the principles of voluntariness, fairness, and legality, and adopt methods such as empathy, case guidance, family persuasion, and pros and cons analysis to facilitate the settlement of disputes between the two parties. The parties reached a settlement and resolved the conflicts and disputes between the two parties in a timely manner. Third, we must explore and carry out reconciliation and guidance work. For minor criminal cases and civil administrative appeal cases with clear victims, prosecutors will guide the two parties to reconcile on their own, or guide the two parties to reach a settlement agreement through the mediation of a third party, so as to resolve conflicts and resolve disputes. .

6. It is necessary to deeply analyze the current situation of social management in our country and make it clear that innovation in social management must be based on the rule of law.

To investigate the reasons for social management innovation based on the rule of law, we can think about this issue from two perspectives: internal and external. First, my country's current social management innovation is carried out against the historical background of governing the country according to law and building a socialist country under the rule of law, and under the premise that the socialist legal system with Chinese characteristics has been formed. In the early days of reform and opening up, my country's policies and laws at that time were mainly products of the planned economy era and did not meet the needs of social development. Therefore, there were special historical reasons for breaking through the laws to carry out reforms and "crossing the river by feeling for the stones."

Well, with the deepening of reform and opening up for more than three decades, by the end of 2010, the socialist legal system with Chinese characteristics had been formed, and our country's constitution and laws basically adapted to the needs of reform, opening up and modernization, and the national politics, economy, culture, All areas of social life have basically been governed by laws, which undoubtedly provides a strong foundation and practical means for strengthening social construction and innovating the legal social management model. Second, as far as the rule of law itself is concerned, although it is not the only model of social management, compared with other management models, the rule of law is the most transparent, lowest social cost and most acceptable method. The rule of law is an important symbol of the progress of human civilization. It is the best way to achieve social management in a peaceful and rational way. It is also the guarantee for achieving long-term peace and stability in the country and promoting social harmony. Through social management under the rule of law, the objectivity and certainty of law can be used to replace the arbitrariness and uncertainty of power, which can ensure the rights of citizens and public interests, and promote the realization of a kind and harmonious social management state. In short, social management innovation based on the rule of law is not only necessary but also feasible. 3. We must conscientiously improve the eight mechanisms and conscientiously implement various specific tasks to strengthen and innovate the social management of the procuratorial organs. (1) Improve the mechanism for investigating and resolving social conflicts. Regularly analyze the social stability situation in conjunction with law enforcement and case handling, investigate and study the causes and resolution methods of conflicts and disputes, strengthen the investigation and handling of outstanding conflicts, and strive to nip unstable factors in the bud. (2) Improve the liaison meeting mechanism. Establish and improve the administrative law enforcement inspection and supervision working mechanism with the public security, industry and commerce, taxation, quality supervision, drug supervision, health, auditing and other administrative departments, regularly report, discuss, analyze and discuss problems existing in administrative law enforcement work, and promote administrative The agency regulates law enforcement and administration according to law. (3) Improve the risk assessment mechanism for law enforcement and case handling. Strengthen the risk awareness of law enforcement and case handling, improve the assessment and early warning of the entire process of law enforcement and case handling, and do a good job of risk assessment and early warning when handling major and complex cases and making decisions such as not to approve arrests, not to prosecute, not to file cases, not to compensate, not to protest, and to withdraw cases, so as to prevent Improper law enforcement causes new social conflicts. (4) Improve the emergency response mechanism for procuratorial law enforcement. Under the unified leadership of the Party Committee, strengthen coordination and cooperation with relevant departments, establish an emergency working mechanism and rapid response system for the procuratorial organs, accurately grasp the key groups, key links and key cases that affect stability, and promptly discover and properly handle possible impacts on procuratorial work. Symptoms and tendencies of social stability. (5) Improve the rescue mechanism for criminal victims. Strengthen contact and cooperation with relevant departments such as civil affairs, justice, education, human resources and social security, health, *** Youth League, Women's Federation, Disabled Persons' Federation, etc. to jointly carry out criminal victim rescue work and effectively help criminal victims and their Close relatives can alleviate economic difficulties, relieve mental pressure, reduce social antagonism, and promote social harmony and stability. (6) Improve the mechanism for expressing people’s demands. Broaden channels for contacting the masses, grasp social conditions and public opinion in a timely manner, listen to the voices of the masses through multiple channels, carry out extensive legal propaganda, proactively provide legal consulting services, guide the masses to express their demands rationally and peacefully, and safeguard the legitimate rights and interests of the masses in accordance with the law. (7) Improve the mechanism for law enforcement and case interpretation and reasoning. Take the initiative to answer questions, publicize policies, and provide ideological guidance. In every aspect of handling the case, provide in-depth and detailed legal reasoning and explanations to the relevant parties, so that the relevant parties can clearly understand the legal provisions and the offenders will plead guilty and obey the law. , accept the punishment of the law, and the victim recognizes the legal treatment. (8) Improve the mechanism for people’s judgment and procuratorial work. It is necessary to closely integrate the current special rectification activities to standardize judicial behavior, focus on the theme of strengthening legal supervision and safeguarding fairness and justice, further improve credibility, improve driving force, improve execution, actively perform legal supervision functions, and strive to explore new ways for the procuratorial organs to serve the overall interests of society. , provide a strong judicial guarantee for building a harmonious society and economic development, and regard the evaluation of people's satisfaction as an important factor in judging the quality of procuratorial law enforcement. We must actively listen to the opinions of the masses and accept their supervision. We should conscientiously carry out case return visits and listen to the opinions of the unit where the case occurred, relevant parties and their relatives on law enforcement and case handling, so that the procuratorial work can better reflect the wishes and requirements of the people.