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On how to ensure the safety of the judicial police in the procuratorate.
The judicial police of the procuratorate is the armed force directly led and managed by the procuratorate, and it is the most direct and concrete executor of the people's procuratorate to implement legal supervision and give play to the state's coercive power. Responsible for maintaining the order of procuratorial work, protecting citizens' personal safety, personal freedom and legitimate property, protecting public property, preventing and stopping illegal and criminal acts that hinder procuratorial activities, and ensuring the smooth progress of procuratorial work. Safety in handling cases; Function; The work of safeguarding the procuratorial organs is carried out late, and the grass-roots hospitals do not have a deep understanding of the role of judicial police in procuratorial work, which leads to the phenomenon of "mixing prosecutors with police and replacing police with prosecutors" from time to time in practical work, which is not conducive to the function of judicial police and the legal supervision of prosecutors. Grassroots people's procuratorates have successively set up judicial police teams to implement formation management. The judicial police mechanism of procuratorial organs is improving day by day, and the role of judicial police is becoming more and more important. We should conscientiously implement the spirit of "the Supreme People's Procuratorate's Opinions on Strengthening the Judicial Police Work in Procuratorial Organs", take standardization construction as an opportunity, and strive to build a judicial police team with sound organization, unified deployment, standardized organization and strong guarantee. At present, the judicial environment is relatively complex, and sudden incidents such as violent resistance to the law occur from time to time. In criminal cases, the probability of accidents such as escape, suicide and personal injury of case handlers increases during the escort process, which affects the progress of the case and indirectly increases the cost of handling cases. This requires the judicial police to strengthen security and ensure the personal safety of case handlers. Based on the management of the work area of the procuratorate where the author works, some thoughts on the safety precautions of handling cases are discussed: 1. The main problems in the judicial police work of grass-roots procuratorial organs (1) are improper use of bailiffs, and the work of bailiffs is ignored, which is an important part of the national judicial organs. It is an important duty of procuratorial organs to crack down on crimes and perform procuratorial functions. Although the Organic Law of the People's Procuratorate proposes to equip bailiffs according to law, the relevant measures have not been fully implemented at present, and the work of bailiffs has not been taken seriously. Even many people think that the bailiff's job is to guard and escort, and the bailiff is dispensable. Especially the judicial police in grass-roots procuratorates, the work of judicial police can not be carried out in depth at all, and the safety of handling cases can not be guaranteed. (2) The police force and equipment are insufficient, and the current team management system is not perfect. The number of bailiffs in most grass-roots hospitals can't meet the requirements, which can't guarantee the reasonable occupation of 8%- 12% of the people in the procuratorate, and the safety of handling cases can't be guaranteed. The work of bailiffs is difficult to carry out. Lack of police equipment, not fully equipped according to regulations, can not guarantee proper disposal in the face of unexpected situations. According to the "Provisional Regulations on Judicial Police of People's Procuratorate", the judicial police of the procuratorate implement two-level management. But in reality, many grass-roots hospitals do not implement a two-level management system, and an L-level people's procuratorate does not implement the management of the judicial police of the lower people's procuratorate. (3) Without the real implementation of formation management, combat effectiveness cannot be guaranteed. The Provisional Regulations of the People's Procuratorate on Judicial Police clearly stipulates that the judicial police force shall be managed in formation. As far as the current situation is concerned, there are still many grass-roots hospitals that have not implemented formation management well, and there are no full-time bailiffs or few full-time bailiffs, which are scattered in other departments and have no centralized management. Without cohesion, the combat effectiveness of the judicial police brigade cannot be enhanced. Second, raise awareness and ensure the important position of judicial police in procuratorial organs. With the development of ruling the country according to law and promoting judicial reform in China, the requirements for procuratorial work have been further improved. The Provisional Regulations of the People's Procuratorate on the Judicial Police clearly stipulates the duties of the judicial police, and its specific scope of duties is irreplaceable by prosecutors and other personnel. Giving full play to the role of bailiffs and fully performing their duties will help prosecutors and judicial police to perform their respective duties, standardize case handling, and prevent the situation of "prosecutors and police mixing posts" and "prosecutors replacing police". Third, improve the quality of the team. Strengthening Team Building (1) Strengthening leadership and implementing formation management In the past, judicial police work was relatively weak, and problems such as poor mental state and low quality of judicial police generally existed, which restricted the in-depth development of judicial police work. We should put judicial police work in an important position, unify our thinking and form management to promote the all-round development of procuratorial work, and ensure the development of judicial police work. (2) Implement material and moral support, further increase funding, effectively equip the judicial police department with necessary police equipment, constantly improve police equipment and related facilities, and provide efficient police support for the development of procuratorial work. On the one hand, we must adhere to strict police management. Strengthen the management and supervision of the judicial police. On the other hand, we should insist on giving preferential treatment to the police. Conscientiously implement various measures to give preferential treatment to the police. Care about their growth and progress, help them solve practical difficulties and problems in their work and life, and fully mobilize the enthusiasm of the judicial police. (3) Strengthen training and improve physical fitness. As the service team of procuratorial work, the judicial police brigade should strengthen the study of relevant systems, orders, laws and regulations of procuratorial organs, clarify its own position, and actively cooperate with prosecutors in handling cases. According to the "Standardization Construction Standard of Judicial Police Work in Procuratorial Organs", it is clearly required that "one familiarity, two familiarity and three familiarity", that is, the judicial police should be familiar with the duties of bailiffs, procuratorial work and handling procedures, use instruments and operate computers. According to the judicial police training plan, we will focus on basic skills training such as physical fitness, queuing, bickering, shooting and the use of police equipment, so as to further enhance the policing ability and improve the professional quality. (4) Administer the police according to law and strictly, strengthen professional training, continuously improve the professional quality of judicial police, adhere to the combination of on-the-job training and professional skills training, and master procuratorial skills and handling procedures. Combined with the special rectification activities of "standardizing law enforcement and promoting law enforcement", according to the professional characteristics of procuratorial police officers, we will conscientiously carry out education on professional ethics and safe handling of cases, and earnestly enhance the professional quality, sense of responsibility, sense of handling cases according to law and awareness of safety precautions of police officers. Adhere to the rule of law and strict police management, strengthen the management of police handling cases, and standardize law enforcement behavior. (5) Complete the standardization construction of the working area for handling cases and implement the responsibility system for handling cases. The Judicial Police Brigade conscientiously implements the requirements of the document "Notice on Strengthening the Safety Work of Judicial Police in Performing Their Duties and Handling Cases" in the Supreme People's Procuratorate, and, in combination with the actual situation, conscientiously pays special attention to the implementation of this work in conjunction with the office and other departments. The interrogation room and interrogation room should meet the requirements of standardization construction, and the monitoring equipment of "synchronous audio and video recording of the whole process of handling cases" in the interrogation room is running normally. The standardized management system of the working area for handling cases is recorded in strict accordance with the handover form of the bailiff, the registration form of the respondent (inquirer) entering the working area for handling cases, the registration form of the police execution and the registration form of the working area for handling cases, which effectively ensures the safety and efficiency of the procuratorial work. Fourth, improve the rules and regulations. Give full play to the role of judicial police and strengthen standardized management, with the aim of giving full play to the function of judicial police in procuratorial work. In accordance with the relevant provisions of the Provisional Regulations of the People's Procuratorate on Judicial Police and the Working Rules of the People's Procuratorate on Judicial Police (for Trial Implementation), we will actively perform the duties of judicial police and promote the in-depth development of various procuratorial services, focusing on the participation of judicial police in handling cases. With the great attention and active guidance of the Central Political and Legal Committee and the Supreme People's Procuratorate, grass-roots hospitals have formulated corresponding rules and regulations, taken active preventive measures, and the safety accidents have been relatively reduced. However, as far as the current situation is concerned, in the process of investigating and handling duty crimes, the phenomenon of suicide, self-mutilation, escape and murder of criminal suspects has not been fundamentally eliminated. The occurrence of such accidents, especially the vicious accidents of criminal suspects committing suicide, has a great influence on procuratorial organs. Judging from the practice of handling cases, the occurrence of safety accidents is mainly caused by the lax thinking, illegal handling and lax management of individual policemen. Therefore, the law enforcement police must prevent the occurrence of safety accidents to the maximum extent from all aspects of handling cases. (1) Actively participate in the case and fully understand the case. Before the execution of custody, the management of "two registrations and six systems" should be implemented: that is, the workspace for handling cases should be used for registration and handover registration; The judicial police guarantee the safety system for handling cases, the management regulations for the use of work areas, the duty system for work areas, the guard system for work areas, the handover system for work areas, and the registration system for the use of first-aid drugs. It is necessary to understand the physical condition, family situation, cases involved and thoughts of criminal suspects in custody, and make records. (two) adhere to the use of police according to law, standardize the behavior of handling cases, ensure the safety of handling cases, and effectively carry out the work of police dispatch orders and police officer certificates. The approval and issuance of police dispatch orders must be carried out in strict accordance with legal procedures and authority; Review the legality of the police application, do not send police to those who do not meet the requirements, and report to the hospital leaders; The object of detention should be examined, and the object of detention must be criminal suspects, defendants and criminals who have entered criminal proceedings, otherwise they can refuse to send police to take care of them; The judicial police must strictly implement the legal guard time limit, b not exceeding 12 hours. (3) Handling cases according to laws and regulations to ensure the safety of handling cases. The vast majority of safety accidents occur because the investigators violate the relevant regulations on handling cases. In handling cases, in addition to strictly implementing the relevant regulations and measures, we should also take relevant measures according to the actual situation to standardize detention and prevent flooding. To ensure the safety of handling a case, we must do the following: if it is necessary to ask witnesses or criminal suspects in the procuratorate, it must be done in the case-handling area, and the bailiff brigade is responsible for unified management. Without permission, irrelevant personnel are not allowed to enter. Second, in the process of arraignment and escort, the deputy captain of the bailiff brigade leads the team and must carry the corresponding police equipment when performing the task. Every detail is put in place, and the responsibility lies with people. The second is to interrogate suspects in the work area. When a criminal suspect eats, rests, goes to the toilet and signs, two policemen must be present, and a bailiff must be arranged to be ready to replace him at any time. Fourth, regularly check the monitoring facilities, audio and video recording equipment and all police equipment in the police area, handle problems in time when they are found, leave no dead ends and eliminate all unsafe factors. At work, we should always pay attention to the physiological and psychological changes of criminal suspects to prevent accidents. Besides. When the judicial police participate in protecting the crime scene, executing summons, participating in search, executing summons, chasing and other tasks, they must strictly follow the provisions of the Judicial Police Rules of the People's Procuratorate. (4) Strictly implement the "separation of police from police" to ensure the safety of handling cases. The main work of the judicial police of the People's Procuratorate is to carry out their work in accordance with relevant laws and regulations. The self-investigation of procuratorial organs and criminal procuratorial departments must participate in the whole process of investigating and handling duty crime cases, assist prosecutors in handling cases, and be specifically responsible for the safety of handling cases. Procuratorial organs are legal supervision organs, and the self-supervision of judicial organs must be reflected. In the process of handling a case, even if there is a prosecutor in the inquiry room, it is necessary to ensure that there is a judicial police to prevent illegal events such as favoritism and extorting confessions by torture. Judicial police is an important part of procuratorial organs and an important institution to ensure the smooth development of procuratorial work. It highlights the important position of judicial police in procuratorial organs and ensures the safety of handling cases in the promotion of procuratorial work. Maintain the credibility of procuratorial organs, safeguard the implementation of national laws, and guarantee the legal supervision function.