查找:                      转第 显示法宝之窗 隐藏相关资料 下载下载 收藏收藏 打印打印 转发转发 小字 小字 大字 大字
【Journal Name】 China Law【Title】 Readings on the Work Report of the Supreme People’s Procuratorate of 2015
【Author】 Zhang Bencai【Institution】 Office of the Supreme People’s Procuratorate
【Year】 In 2015【Issue】 2
【ESummary】 24
【Full text】 2019/8/30 16:26:48
【Remark】 1510223117
【Reference】   
  

Paged in 17 with over 9, 300 words, the Work Report of the Supreme People’s Procuratorate of 2015 is generally divided into two parts: the first part is the review of work in 2014 while the second part is the major tasks for 2015. The former summarizes and reviews the work completed last year mainly from seven aspects; the latter brings forward the major tasks for this year from six aspects, including to effectively safeguard national security and social stability, to expand the investigation and prevention on crimes committed by taking advantages of duties, to enhance the pertinence and effectiveness of the supervisions on judicial activities, to further promote judicial standardization construction, to fully push forward judicial reform and to unremittingly implement strict regulations on procuratorial work, etc..

I. innovations of the Work Report

There are quite a few innovations in the Work Report this year. Following the requirements of the Chief Procurator Cao Jianming, several issues were emphasized during the drafting. First, answering the expectation of the public actively. To enhance and improve procuratorial work corresponding to the expectation of the people is an important guideline of the work of Cao Jianming and the Party of the Supreme People’s Procuratorate. The levels of paragraphs are obviously increased. Sometimes one paragraph summarized one task, or a hot topic highly concerned by the public. For example, almost all the issues people concern including food and medicine safety, environmental protection, the investigation of crimes taking advantages of duties in the area of people’s livelihood are listed separately for stress, which demonstrates an distinctive attitude and persisting efforts of judicial for the people to the public.

Second, fully highlighting procuratorial functions. Procuratorates are the organs of national legal supervision, which serves as the foundation of our nation. The Work Report always focuses on the legal supervision function and its effectiveness, firmly sticking to such an orientation, while summarizing the work of last year. The significant legal supervision measures carried out last year are all stressed in the Work Report, such as suppressing bribery, investigating malpractice, cross-boarder pursuing of criminals and illicit money, specific procuratorial work on commutation, parole and temporary service of sentence outside prisons etc..

Third, keeping along with a problem orientation. The consciousness of problems of both Cao Jianming and the Party of the Supreme People’s Procuratorate is rather sharp. During recent years they have always insisted to organize work and team building with a problem orientation. All works are steadily progressing. Compared with the report last year, the Report of this year, in summary of works, frequently uses the words “specific to” to illustrate the reasons for the work.

Fourth, insisting on using numbers for explanation. It’s a good tradition of the Report on the Work of the Supreme People’s Procuratorate to reflect work objectively with numbers and to support opinions with data. There are 90 numbers in the report of last year while this year the amount is increased to 99. Besides, the positions of numbers are obviously changed, that is, some core data is highlighted at the beginning of each part to provide convenience for the representatives to have an overall view of procuratorial work at the first sight.

Fifth, emphasizing on the use of cases. A significant change of the Report this year is to fully use cases to tell judicial stories. There are totally 21 cases in the Report. Some of the cases, such as crimes taking advantages of duties by officials at and beyond the Level of Province and Department including Zhou Yongkang, Xu Caihou, Jiang Jiemin, the case of Ma Chaoqun the General Manager of Beidaihe Water Supply Company, the case of rape and murder of Xu Hui, the case of killing physicians in Wenling etc., are widely reported by the media and well-known to the public. These fresh and vivid cases support the achievements of procuratorial work, thus increasing the readability and attraction of the Work Report as well.

Sixth, the expressions arc plain and easy to understand. In the past there were quite a few representatives complaining about the specialty of the work reports of both the Supreme People’s Procuratorate and the Supreme People’s Court, some part of which are hard to understand. This year the Work Report strictly implements the requirements of the Central Committee of the

Party to improve writing style, trying to avoid specialization and conceptualization and to be plain and understandable on the basis of correctness of expressions, to be both scientific rigorous and popular. Languages of the masses are used in the Work Report such as “little officials but huge corruptions”,“acting as officials of no actions”, “acting as officials of mal-actions”,“beyond regulations, changes during implementation, buck-passing and negligence”,“goose plucking”,“to eliminate wrongs with powers”,“to finish exercise of punishments with money” etc., which are rather vivid and may never appear before. On the aspect of language style, this is the most “vivid and flexible” report in these years.

Besides, to make convenience for the representatives to learn about procuratorial work more directly, the number of attachments is obviously added. In the past the number of attachments was usually 2, but this year it was added to 5. The No.l is an instruction on phraseology, No.2 is about the date and charts of the procuratorial work last year, No.3 is about the enhancement of central management of cases of procuratorial organs, No.4 is the four platforms of case publicizing system of procuratorial organs and No.5 is the new media platform “2 Ws in 1 terminal” of the Supreme People’s Procuratorate. The QR code of the official Wechat account of the Supreme People’s Procuratorate is specially printed in the Report, thus the representatives can directly log in by scanning to have a deeper understanding of procuratorial work.

II. The Achievement of 2014 in the Report

Comprehensively deepening reform and opening up is the main theme of contemporary era. The Third Plenary Session of the 18th Central Committee adopted the Decision of the Central Committee of the Communist Party of China on Some Major Issues Concerning Comprehensively Deepening the Reform and drew a magnificent blueprint for this issue. The procuratorial organs thoroughly implement the guidelines of the Central. Early in February last year, the Supreme People’s Procuratorate has published the Opinions on Fully Performing Procuratorial Functions to Serve the Comprehensively Deepening the Reform. The Opinion made a clear claim that the procuratorial organs should scheme and promote procuratorial work in the overall situation of comprehensive deepening the reform, taking law enforcement and case handling as the main means and measures to serve for the comprehensive deepening the reform and stand firmly to be the defender, promoter and safeguard of comprehensive deepening the reform. Over the past year, following the central decision- making and the deployment of the Supreme People’s Procuratorate, procuratorial organs all over the nation provided solid judicial guarantee for the comprehensive deepening of the reform with the functions of punishment, prevention, supervision, education and protection etc.. As mentioned in the Work Report, during last year procuratorial organs prosecuted 91, 025 criminals undermining market and economic order, investigated and dealt with accordingly 10, 529 suspects and criminals taking advantage of duties to corrupt, embezzle and divide up governmental investment funds, investigated and dealt with accordingly 6, 158 suspects and criminals taking advantage of duties in the administration, management and reform of state-owned enterprises, etc.. Though by these activities of law enforcement and case handling, procuratorial organs play an active role in the reorganization and regulation of market and economic order. Serving for economic development has become a routine work of procuratorial organs, which effectively safeguards and promotes the continuous deepening of the reform of economic system.

Corruption is a “malignant tumor” of the society, which seriously encroaches on the body of the party and the state and destroys social fair and justice. For such corruption cases, on one hand, the investigation and handling are highly enhanced. As mentioned in the Report, during last year procuratorial organs investigated and dealt with 41, 487 crimes taking advantage of duties with 55, 101 suspects and criminals, increased by 7.4%, among which the number of major and serious cases increased most significantly with an average rate of 40%: the number of cases of corruption, bribery and embezzlement of public funds over 1 million was 3, 664, increased by 42%; the number of officials investigated and dealt with at and above county level was 4, 040, increased by 40.7%, including 589 officials at and above bureau level and 28 officials at and above provincial and ministerial-level. Officials investigated and dealt with at and above provincial and ministerial-level are more than the amount of past four years, which reflects the determination of the party and the state to eliminationcorruptions. On the other hand, great progress was made in the investigation and dealing of duty crimes around the mass with the guideline of suppressing both “tigers” and “flies”. In the special work deeply investigating duty crimes around the mass and infringing public interest, the procuratorial organs totally dealt with 9, 913 criminals in the livelihood areas of social insurance, land requisition, poverty alleviation and disaster relief, education and employment, health care and “agriculture, farmer and rural area”. Take Ma Chaoqun, the General Manager of Beidaihe Water Supply Company, as an example. With an amount over thousands of millions, he is a typical “little official but huge corruption”. Besides, remarkable achievements were made in pursuing criminals and illicit money. In recent years, to avoid punishments, some criminals of duty crimes make use of the weak link of social organization and management to escape abroad with huge illicit money. If they are allowed to enjoy illicit money at large, judicial authority and national legal dignity will be badly trampled, negative examples are set up for potential criminals and the counter-corruption achievements will be highly weakened. In September last year, the Supreme People’s Procuratorate carried out a half-year special work among national procuratorial organs to pursuing cross-boarder criminals and illicit money of duty crimes. The Supreme Court, the Supreme People’s Procuratorate, the Ministry of Public Security and related departments co-sponsored an notice urging economic criminals on the run to confess. With the efforts of procuratorial organs at all levels, database and information platform were established to strengthen international judicial cooperation and online chasing and control measures. In total, 749 suspects of duty crimes at home and abroad were arrested, among with 49 were captured or persuaded to return from 17 countries and areas including America and Canada. The result is rather amazing.

Miscarriage of cases exert large wrong and unjust to the parties and their families and great harm to legal system and the public authority of judicial organs as well. Some miscarriages are finally cleared up after several years or even decades of years, but the parties have lost their youth or even lives. The lessons are rather bitter. As the institutions of national legal supervision, the functions of the procuratorial organs are to supervise the activities of case files establishment, investigation, trial, sentence enforcement and administration, to avoid miscarriages and to maintain judicial just.

Actually, in the correction of those miscarriages above, procuratorial organs have played an indispensable role. Take the case of Xu Hui in Guangdong for instance. Over the process from death penalty with 2 years suspension to the judgment of not guilty, the Criminal Prosecution Department of the Supreme People’s Procuratorate and the People’s Procuratorate of Guangdong co-supervised for 7 years to correct the judgment. Also is the case of Huang Jiaguang in Hainan. During in special work on commutation and parole in 2013, the department of the Supreme People’s Procuratorate found that Huang Jiaguang, sentence to life imprisonment in name of murder, was different from other criminals. He has kept appealing for a long time and refused to be commutated. The Supreme People’s Procuratorate arranged a special group to review the whole files of the case, re-hear from the Defendant in Hainan, re-examined related evidences and made an observation that the evidences based on which the original guilty judgment was made were not true and sufficient. In March last year, the Supreme People’s Procuratorate submitted a re trial suggestion to the Supreme Court. On Sept.29, 2014, Huang Jiaguang was adjusted not guilty in re-trial and was released in court.

As the General Secretary Xi Jinping observed in NPC and CPPCC this year, the environment is the people’s livelihood, the green mountains are beauties and the blue sky is also a kind of happiness; for the actions destroying ecological environment, measures and punishments should be exerted without paltering and should never be repeated. Since last year, procuratorial organs have thoroughly implemented the decisions and deployment of the central government on enhancing ecological civilization construction, with an attitude of being highly responsible for the people’s interest, to steadfastly suppress crimes destroying ecological environment and promote the construction of beautiful China. As for the phenomenon of not establishing files or replacing criminal punishments with fines after the breakout of environmental pollution events, the Supreme People’s Procuratorate deployed a special supervision work among all procuratorial organs on files establishing of crimes against environmental resources. The whole supervision work includes:1, 505 cases suspected of destroying environmental resources delivered by administrative organs for law enforcement with suspects of 1, 804;1, 479 cases filed and investigated by the public security organs with suspects of 1, 795. At the same time, procuratorial organs have strengthened the investigation of duty crimes on air pollution, resources protection and environment supervision to promote the establishment and improvement of the supervision system of ecological environment. As in the Work Report, duty criminals investigated and dealt with by the procuratorial organs amounted to 1, 229 last year. As for the easy and repeated happening of crimes against ecological environment, procuratorial organs have established a quick response system. For the cases with clear facts and sufficient evidences, arrest and prosecution are quickly made by law; major and influential cases are heard and decided quickly with heavier punishments by law. As summarized in the Work Report, 25, 863 criminals of environment pollution, stealthily or arbitrarily felling trees, illegally reclaiming grassland were prosecuted last year, increased by 23.3%. As for the absence of civil actions after the destruction of ecological environment, some local procuratorial organs are exploring urging or supporting related administrative organs or social groups to file environmental public interest litigation. The “whopping compensation” case of environmental public interest litigation in Taizhou, Jiangsu Province, mentioned in the Work Report is a case in point.

©北大法宝:(www.pkulaw.cn)专业提供法律信息、法学知识和法律软件领域各类解决方案。北大法宝为您提供丰富的参考资料,正式引用法规条文时请与标准文本核对
欢迎查看所有产品和服务。法宝快讯:如何快速找到您需要的检索结果?    法宝V5有何新特色?曾经瘦过你也是厉害
扫码阅读
本篇  关注法宝动态: