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Thinking about how to carry out case management from a "new" perspective
I. Impact of the implementation of the new criminal procedure law and new rules on case management (1) The adjustment of grade jurisdiction has an impact on case entrance management, and the case management department uniformly accepts, registers and diverts cases. Article 20 of the new Criminal Procedure Law deletes counter-revolutionary cases, criminal cases of foreigners' crimes and new cases of terrorist activities from criminal cases of first instance under the jurisdiction of the Intermediate People's Court. The adjustment of this level of jurisdiction also means the adjustment of the jurisdiction of procuratorial organs. This requires the case management department to grasp the new provisions of the "two laws" in time and close the entrance to the case. (two) the impact of the revision of legal provisions on the management of legal documents. The case management department is responsible for the supervision of legal documents. After the revision of the Criminal Procedure Law, some provisions have changed, and the applicable provisions of relevant legal documents on investigation, supervision and public prosecution have also changed. For example, in the Criminal Procedure Law, the examination of meeting the conditions of arrest was changed from 60 to 79, and the disapproval of arrest was changed from 68 to 88, and so on. (three) the impact of the adjustment of non-prosecution on the export management of cases; The case management department regularly evaluates the quality of cases, and the key cases evaluated include non-prosecution cases made by the public prosecution department. Article 171 of the new Criminal Procedure Law adds that if the people's procuratorate still thinks that the evidence is insufficient and does not meet the conditions for prosecution, it shall make a decision not to prosecute. Article 271 The newly added provision of conditional non-prosecution of minors directly affects the development of export management of cases and the evaluation of the quality of key cases. (D) The revision of the time limit for handling cases has an impact on the case flow management. The case management department is responsible for the whole process and dynamic supervision of investigation and supervision, public prosecution and civil cases entering the monitoring system. The new criminal procedure law directly affects the early warning of the time limit for case management, such as the extension of the time limit for summons and detention, and the extension of the trial period. (5) The improvement of the defense system affects the lawyer's marking and the unified lawyer reception work of the case management department. The fourth chapter of the new Criminal Procedure Law improves the defense system, expands the scope of defense lawyers' marking, and stipulates that defense lawyers can consult and copy the case files after being transferred for examination and prosecution, which is no longer limited to litigation documents and technical appraisal materials, providing convenience for lawyers to know the facts and evidence of the whole case in time, which requires the case management department to be familiar with the legal provisions on lawyers' marking in time and clarify the scope and requirements of lawyers' marking. The second is to take measures to support the case management business from a "new" perspective. In order to ensure that the tasks of the revised criminal procedure law and criminal procedure rules are implemented, on the basis of comprehensively grasping and deeply understanding the relevant provisions and legislative spirit, we will do a good job in the implementation of the new criminal procedure law and the new criminal procedure rules of the Supreme People's Procuratorate and take measures to support the case management business. (1) Establish a special case supervision system, formulate a relatively complete special case supervision system, clarify the scope and conditions of application of special cases, including criminal cases with high social sensitivity and mass casualties, shorten the time limit for examination and arrest of these cases to 4-5 days, and shorten the time limit for prosecution to 30 days. All these require shortening the time limit for handling cases under the premise of following legal procedures and ensuring the quality of handling cases. The case management office cooperates with the case handling department. This kind of case enters the supervision procedure of case management from the beginning of acceptance to the case prosecution. The belated justice and injustice are conducive to safeguarding the legitimate rights and interests of victims to the maximum extent and safeguarding social fairness and justice. (2) Innovating the bar code management system of the stolen money and evidence involved, introducing bar code management technology into the supervision of the stolen money and evidence involved, ensuring that each stolen money and evidence has its own bar code identification, properly handling the money and goods involved, and preventing the parties from complaining and petitioning due to illegal or improper seizure or untimely handling. (three) the implementation of the double evaluation system of case evaluation results, formulate a relatively perfect case quality evaluation system, and attach detailed rules for implementation, and effectively promote the double evaluation system of case evaluation results. First, regularly check the quality and files of cases, analyze the problems found in time, urge all departments to rectify within a time limit, and constantly improve the level of law enforcement and handling cases in error correction; The second is to directly link the evaluation results with the year-end performance appraisal as an important basis for the assessment of comprehensive business objectives, so as to ensure that the assessment results really play an effective role. After the implementation of the "two laws", the content of case quality evaluation needs to be adjusted accordingly. Provisions on "respecting and protecting human rights", the exclusion of illegal evidence and the witness protection system have been added to the Criminal Procedure Law. Therefore, the case evaluation should be comprehensive and objective, not only to evaluate the facts, evidence and legal application of the case, but also to evaluate whether the rights protection of criminal suspects, defenders, witnesses and appraisers is in place. (4) Innovating the online booking system for lawyers' marking, and making full use of information management technology and network platform. In the next step of lawyer marking, we will actively explore online appointment of lawyers to ensure that online appointment, identity authentication and lawyer reception of practicing lawyers are convenient, efficient and standardized, which is also one of our key tasks this year. (v) Update the case flow monitoring system in a timely manner. After the revision of the Criminal Procedure Law, some time limits for handling cases have changed. For example, the time limit for people's courts to hear public prosecution cases has been extended from one month to two months. After the implementation of the two laws, the original early warning period needs to be adjusted to meet the needs of the case management office to strengthen internal supervision and standardize law enforcement. (six) to strengthen the supervision of the money and materials involved, and set up a special supervision room for the money and materials involved, which is responsible for the examination, reception and custody of the money and materials involved. The money and materials involved in the case transferred by the public security organs with the case shall be uniformly examined and registered by the case management office, and the warehousing procedures shall be handled in time to effectively strengthen the docking work with the new law. For example, Article 234 of the revised Criminal Procedure Law adds "the handling of sealed-up, seized and frozen property" and "the case-handling organ shall make a list of sealed-up, seized and frozen property, which shall be transferred with the case, and the judgment made by the people's court shall handle the sealed-up, seized and frozen property and its fruits", which is the legal basis for handling the money and goods involved after the lawsuit is concluded. (7) Seriously study, study and communicate, consolidate the business foundation of case management, make great efforts in team building, intensify training and study through various forms, and improve the ability and quality of case management personnel. On the one hand, we continue to learn the advanced experience and practice of case management in our brother units, and combine the actual work in our hospital to build our own case management model; On the other hand, we should focus on the application of the new criminal procedure law and criminal procedure rules, and make great efforts in learning, not only to learn the revised provisions, but also to fully grasp the original provisions. For example, in the new criminal procedure law, juvenile criminal cases are listed in a separate chapter. From the legislative spirit, we can also see that the state attaches importance to minors, focusing on education and correction, supplemented by punishment. Therefore, in the future case management, we should focus on strengthening the follow-up supervision of juvenile cases, truly grasp the "management" of case management, and strive to build a professional case management team with professionalism, confidentiality awareness, professional ability and research level.