First, improve the legal provisions to make legal supervision more operable.
First, the provisions on legal supervision should be as detailed as possible. At present, although the Constitution and laws endow the procuratorial organs with the power of legal supervision, they are vague about what to supervise, how to supervise and what means to take, which is not easy to operate in practical work. For example, the provisions on the supervision of criminal filing can be found in Article 129 of the Constitution, Articles 8 and 87 of the Criminal Procedure Law, Article 7 of the Provisions on Several Issues in the Implementation of the Criminal Procedure Law, Article 164 of the Procedures for Handling Criminal Cases by Public Security Organs (Amendment) and the Criminal Procedure Rules of the People's Procuratorate. The Supreme People's Procuratorate's "Answers on the Supervision of People's Procuratorate Filing", etc. However, most of these provisions are in principle, and the provisions (for Trial Implementation) issued by the Supreme People's Procuratorate and the Ministry of Public Security on 20 10 are of practical significance. However, the above provisions are mostly procedural provisions, and only stipulate mutual notification, suggestion, notification, delivery and report. This kind of soft supervision mode lacks the follow-up restraint measures to delay or refuse the implementation of the supervised object, which is not practical. Second, the regulatory threshold should not be set too high. For example, Article 566 of the Criminal Procedure Rules of the People's Procuratorate (Trial) (revised on 20 12) stipulates: "If the people's procuratorate finds an illegal act in the investigation activities of the public security organ, and the circumstances are minor, the procurator may orally put forward rectification opinions to the investigator or the person in charge of the public security organ, and report to the person in charge of the department in time; When necessary, put forward by the head of the department. For serious violations of the law, after the approval of the procurator-general, a notice to correct the violation shall be issued to the public security organ. If it constitutes a crime, it shall be transferred to the relevant departments for criminal responsibility according to law. " In work practice, those who are "minor" can only be corrected orally, which is ineffective and the supervision effect is not obvious. Third, strengthen legal supervision means. The supervision means stipulated in the Criminal Procedure Law, the Civil Procedure Law and other laws and regulations are relatively simple, except for protest, mainly written notice and procuratorial suggestions. Once the supervised unit or individual refuses to implement or delays, there is no follow-up measures, which leads to the phenomenon of ineffective supervision. For example, the procuratorial organ only has the power of investigation, but has no power of investigation. The limitation of investigation means and the lack of compulsory safeguard measures, coupled with the differences in the understanding of cases and evidence collection by the supervised institutions, will inevitably affect the effectiveness of case-filing supervision. Fourth, promote peer-to-peer supervision. It is necessary to formulate corresponding regulations, set up township procuratorial offices in key towns, and strengthen supervision over administrative law enforcement departments such as township-level courts and public security police stations. In addition, in terms of civil litigation supervision, Articles 88 and 103 of the Rules on Supervision of Civil Litigation of People's Procuratorates stipulate that the retrial of people's procuratorates and the implementation of procuratorial suggestions shall be decided by the procuratorial committee of our hospital. After the court at the same level receives the retrial procuratorial proposal, it can directly reply by the vice president without going through the judicial Committee, or even perfunctory or no reply. For another example, after the procuratorial organ protests against a civil administrative appeal case, although the court forms a collegial panel when it sends it back for retrial, sometimes the president responsible for signing and approving the case is the same person, which has an impact on the fair handling of retrial cases.
Two, strengthen the internal division of labor, make legal supervision more professional.
For a long time, procuratorial organs have focused on criminal prosecution and self-investigation, and paid insufficient attention to legal supervision. The objective reason is that the procuratorial organs shoulder heavy tasks of examination, approval, arrest and prosecution. Take our hospital as an example. In the past three years, the prosecutors of investigation and supervision departments have handled 70 cases per capita every year, with an average of 1 case for two days; Prosecutors and assistant prosecutors in the public prosecution department handle 85 public prosecution cases every year, with an average of 2.5 days per person 1 case. These fixed workloads occupy a lot of their time and energy, which leads to the supervision and investigation of filing a case becoming a "sideline". Therefore, the author believes that procuratorial organs should take the opportunity of implementing the prosecutor's responsibility system for handling cases to separate legal supervision, set up a litigation supervision bureau, or set up a litigation supervision group to specialize in legal supervision of criminal and civil litigation, and turn sideline business into the main business and passive into active. At the same time, the independent legal supervision department or case-handling team should work closely with other business departments of the hospital to share information and form a joint effort. First, cooperate with the case management department to strengthen the effective supervision of the case entrance; Second, cooperate with criminal prosecution departments such as arrest and prosecution. When the criminal prosecution department finds that the investigation organ has violated the law in the case review, it should contact the litigation supervision department or the case handling team in time to avoid the second marking and duplication of work by the supervision department, which not only provides the source of supervision, but also ensures the further investigation of the facts of the case, improves the evidence chain, promotes the fair trial and clears the way for the criminal prosecution department. Third, cooperate with the self-investigation department. If investigators or judges are found to be involved in bribery, extorting confessions by torture, dereliction of duty and other illegal and criminal acts, they can cooperate with the anti-corruption and anti-blasphemy department, which not only strengthens the means of legal supervision and improves the effect of legal supervision, but also provides the source of the case for the anti-corruption and anti-blasphemy department; Fourth, cooperate with the prison procuratorial department, strengthen the examination and supervision of the necessity of detention, supervise and investigate whether there is violent evidence collection by investigators, and better protect the legitimate rights and interests of detainees.
Third, innovate and improve the working mechanism to make legal supervision more solid and effective.
First, improve the law enforcement assessment mechanism and promote legal supervision. In work practice, it is sometimes difficult to supervise, which is related to law enforcement assessment. For example, the supervision of filing a case, the procuratorial organs here have assessment indicators, and the upper limit is not capped, the more the better. On the public security side, due to the detection rate, they often adopt the practice of not solving cases, and the supervision of filing cases is divided, so they are unwilling to cooperate, even if they do not take the initiative. Some procuratorates even communicate and coordinate with the public security in order to complete the assessment indicators, and do fake supervision, paper supervision and digital supervision just to cope with the superior assessment. Some grass-roots hospitals even arrested 100, and put 80 cases on file for supervision. Therefore, it is necessary to establish a correct thinking and clarify the relationship between work and assessment. Assessment is for work, not for work. Therefore, the assessment should be rough, grasp the big and put the small, and try not to set indicators; Supervision should be meticulous, standardized, clear and as specific as possible. The second is to improve the coordination and restriction mechanism of the public security inspection law. To do a good job of legal supervision, we need the cooperation of the public security and procuratorial departments to reduce differences, especially in unifying law enforcement standards. The standards of filing a case, understanding the necessity of detention, approving arrest, prosecution and trial should be unified. At the same time, the key points should be mutually restricted. From a practical point of view, mutual cooperation is conducive to the progress of the case, and mutual restraint is conducive to fairness and justice. The procuratorial organ shall strictly grasp the facts and evidence of the case, unify the facts and evidence, give consideration to the procedural entities, and conduct impartial supervision based on the law. The third is to explore the case notification and information sharing mechanism of political and legal organs. Openness and enjoyment are effective means to strengthen legal supervision. For example, since the beginning of this year, the public security organs in Wu 'an City where the author works have filed more than 2,670 criminal cases, including 2 18 arrests and more than 0 direct prosecutions 1 10. There is a lot of room for filing supervision, but only relying on the application and reporting of the parties, the channels are too narrow and there are not many cases. If you can enjoy information, you can supervise from the beginning of reporting and accepting cases, and also extend to the supervision of public security management cases to prevent "degrading treatment" of criminal cases and truly achieve "source supervision". At the same time, information sharing is also conducive to strengthening court trial supervision.
Fourth, strengthen self-supervision and procuratorial publicity to improve the credibility of legal supervision.
Legal supervision is the supervision of the whole litigation procedure, and of course it also includes the supervision of the self-investigation and prosecution departments of the procuratorial organs. Therefore, it is necessary to extend the supervision tentacles inward, and the case management department should conduct procedural supervision and feedback investigation on the cases of arrest and prosecution accepted by our hospital to prevent misjudged cases and law enforcement defects and ensure that every case can be handled fairly; Joint discipline inspection and supervision departments should strengthen the supervision of case handlers, put an end to law enforcement mistakes and illegal cases, and ensure that every police officer can enforce the law fairly and honestly. While strengthening internal supervision, we should also strengthen the openness of procuratorial work, build a sunshine procuratorial work platform in various ways, and enhance the credibility of legal supervision. Report the performance of procuratorial organs to NPC deputies, CPPCC members, people's supervisors and the public through the integration of traditional procuratorial publicity methods such as "procuratorial open day", reporting publicity week, agricultural procuratorial publicity and the establishment of township procuratorial offices; By upgrading the procuratorial hall, setting up functional areas such as lawyer meeting, lawyer marking, comprehensive inquiry and case acceptance, and carrying out legal consultation, case inquiry, lawyer reception marking and bribery file inquiry, we can realize "one-stop" publicity; Regularly publicize the responsibilities, handling procedures, filing scope and filing standards of relevant functional departments through the media such as paper media, television and advertising screens, and regularly update some procuratorial trends and handling results of cases with great social influence; Use Weibo, WeChat, online exhibition hall and other emerging media and methods to introduce procuratorial functions, make public case information, accept supervision from all walks of life, and improve the credibility of legal supervision of procuratorial organs.
Five, do a good job in team building and improve the ability of legal supervision.
While the iron is hot, you need to be hard. To do a good job in legal supervision, the most fundamental thing is to improve their own quality. Our supervision targets are experienced old judges who are very familiar with the law and experienced old police officers who handle cases. Moreover, the law enforcement environment is more and more strict and standardized, which requires us as prosecutors of legal supervisors to have higher quality. First of all, we must establish a correct concept of supervision. China is a human society, and the supervision of the brotherly political and legal organs belonging to the same trench is bound to face various tests. This requires us to overcome the fear of difficulties, adhere to the principle of taking the law as the right and only obeying the law, take the responsibility of safeguarding the fair implementation of the law, dare to supervise, and be a competent and even excellent legal "fault finder". Second, be good at learning and improve legal cultivation. It is necessary to highlight the procuratorial culture with legal supervision as the core, build a learning-oriented procuratorate, create a strong learning atmosphere, and enhance the cultural taste and legal literacy of police officers. Third, carry out various forms of on-the-job training in close connection with reality. There are many aspects of legal supervision, and it is necessary to train legal supervision practitioners with comprehensive knowledge and excellent professional skills. Through full-time rotation training, police officers can go to various business departments for "part-time" and "internship", which is beneficial for police officers to familiarize themselves with and master criminal proceedings as soon as possible, and at the same time, they can find and cultivate multifunctional legal supervision talents in rotation training. Young police officers can be trained to follow up this case. From the beginning of case management and accepting cases, experienced professional experts can be arranged as their "mentors" to lead the whole process of a case and promote young police officers to become familiar with various businesses as soon as possible and grow up quickly. The fourth is to strengthen the management and supervision of the team. Any power needs supervision and restriction, and being a legal supervisor is no exception. Always talk about ideals and beliefs, pay attention to professional ethics, and keep in mind work discipline. At the same time, it is necessary to regularly carry out warning education, law enforcement inspection, procuratorial supervision and other activities to promote the fair and honest exercise of legal supervision by police officers.
Party Secretary and Procurator-General of Wu 'an Procuratorate, Hebei Province