Analysis on the causes and countermeasures of the low quality of investigating and handling duty crime cases by procuratorial organs at present
Zuo Guoxin
Abstract: In recent years, the quality of investigating and handling duty crimes by procuratorial organs is generally not high. These problems are not only caused by the investigators themselves, but also influenced by objective factors. This paper tries to discuss the reasons and countermeasures that affect the quality of self-investigation cases.
[Keywords:] procuratorial organs to investigate and deal with quality duty crime countermeasures
Investigating and handling duty crimes such as corruption, bribery, dereliction of duty and infringement is one of the important functions of procuratorial organs. Effectively fulfilling this responsibility and ensuring fair law enforcement largely depends on the quality of law enforcement cases handled by procuratorial organs, ensuring the accurate establishment, prosecution and judgment of cases, otherwise it will bring certain negative effects. In the practice of handling cases, it is often exposed that the quality of handling cases is not high, which is directly manifested as "two highs and one low", that is, the rate of non-prosecution, the rate of withdrawal and the rate of prosecution are high. This paper attempts to analyze and discuss the reasons and countermeasures of the overall low quality of procuratorial organs in investigating and handling duty crime cases.
First, the main reasons for the problems
1. The professional quality of the case handlers is not high. Detecting a case is a process in which investigators collect fixed evidence and use it to prove the facts of the crime. The case-handling personnel lack the ability to identify facts and apply laws, which will lead to the problems of unclear facts, insufficient evidence and qualitative errors in the substantive aspects of the case. The lack of investigation and evidence collection skills of case handlers will lead to the problems of illegal evidence collection and illegal procedures. It is impossible for a case handler with low quality to handle a high-quality case. Therefore, the professional quality of case handlers is the most important factor to determine the quality of duty crime cases.
2. There are misunderstandings in the law enforcement concept of case handlers, lacking external supervision and internal constraints. In most cases, there are some problems in the quality of cases, not only because the investigators themselves do not have the professional quality to avoid these problems, but also because of the deviation in understanding. Some investigators attach importance to cracking down on protection, emphasizing entity over procedure, and fail to realize that protecting the legitimate rights and interests of criminal suspects, witnesses and units involved is as important as finding out criminal facts and cracking down on duty crimes. On the contrary, they think that as prosecutors, as long as they are investigating crimes, their "minor" illegal acts cannot be counted as problems, and the lack of external supervision and internal constraints makes investigators and units conduct investigations. Often due to various reasons such as haste, convenience and quickness, all kinds of investigation methods are simplified, omitted or simplified in disguise intentionally or unintentionally, which leads to the occurrence of illegal investigation.
3. The assessment mechanism is not scientific enough, and there is a problem of emphasizing quantity over quality. In recent years, procuratorial organs at all levels have regarded procuratorial work as the focus of their work, and investigating and handling duty crime cases has naturally become the top priority of procuratorial work. Therefore, some procuratorates regard "the number of cases filed" as one of their work standards, and some directly or in disguise stipulate "handling indicators", and even implement "one-vote veto" for units that fail to meet the indicators. This invisibly puts pressure on the case handlers, thus creating a "sense of urgency." In the process of handling cases, in order to complete the number of tasks, some cases are created. This laid a hidden danger for the review and prosecution of future cases, and finally had to find a way to deal with such cases. Every year, a number of cases investigated and dealt with in the previous year will be withdrawn, precisely because the higher authorities have completed the assessment of this work at this time, and the withdrawal of the case will not affect the assessment results.
4. Local administrative intervention is also one of the important reasons that affect the quality of cases. Some department leaders have a relationship with criminal suspects in one way or another, afraid of "pulling out radishes and bringing out mud"; Some department leaders are afraid that the one-vote veto of comprehensive management will affect the year-end evaluation and thus affect their political achievements, resulting in some cases being interfered by local administrative authorities to varying degrees. There are also some cases that will affect the investigation and handling of cases because of the misunderstanding of leaders. For example, due to the particularity of the subject of the crime of dereliction of duty, some department leaders do not have a deep understanding of the crime of dereliction of duty. They believe that the act of dereliction of duty and infringement is for the public, not only without fault, but also with merit. They don't cooperate with and understand the investigation of dereliction of duty and infringement cases, thinking that the procuratorate makes a mountain out of a molehill, and then try every means to obstruct it.
5. Limited by objective factors such as single means of handling cases, backward methods and insufficient funds. At present, the detection of most self-investigation cases still relies on the breakthrough of "confession". Because the summoning time stipulated in the Criminal Procedure Law is only 12 hours, in this case-handling mode, in order to use investigation means such as searching and taking compulsory measures, many cases are filed at the beginning of the initial investigation, resulting in the usual "line-stepping cases", such as the amount of corruption is 5,000 yuan and the amount of bribery is 8,000 yuan. If there is no new breakthrough in the case, the evidence of a crime amount is not solid enough. Once the case is overturned, the case will be aborted and the case will have to be withdrawn or not prosecuted. There are also some cases involving a large number of people and a wide range, which require a lot of money to collect evidence. In some places, from the economic point of view, evidence is often not collected, resulting in insufficient evidence in the case and the result is not in court.
Second, improve the quality of handling countermeasures
1. Establish a correct view of law enforcement achievements. Adhere to the procuratorial business as the center and take improving the quality of handling cases as the top priority of procuratorial work; Correctly handle the relationship between the quantity and quality of handling cases, the strength and effect of handling cases, constantly increase the intensity of handling cases, insist on investigating cases, investigating criminals, not exaggerating or belittling cases, handling cases realistically, handling cases according to law, standardizing cases and constantly improving the level of handling cases.
2. Strengthen the professional construction of the investigation team. The quality of the existing investigators is uneven, and the number of investigators is also quite different, which is not conducive to the professional construction of the investigation team. We should vigorously optimize the knowledge structure of the investigation team, enrich the investigation experts and business backbones, and strive to build a team with firm politics, proficient business, excellent work style and fair law enforcement. On the basis of selecting qualified personnel, it is necessary to strengthen the training of investigation team and further improve the overall investigation level under the new situation.
3. Strengthen the construction of internal supervision mechanism. The nature of legal supervision of procuratorial organs determines that they should realize the fairness and authority of external supervision by strengthening industry self-discipline, which makes it necessary for procuratorial organs to strengthen internal supervision and control. Although the mainstream of the procuratorial team is good, individual prosecutors have hindered the realization of judicial justice because of their low professional quality, low quality, or poor ideological quality. Therefore, in order to further strengthen the internal supervision of procuratorial organs and effectively improve the quality of cases, it is necessary to build a case quality assurance system and form a standardized and long-term case quality supervision mechanism, so as to make it a relatively detached supervision and procuratorial institution separated from other business departments and become the object of supervision. Give it the corresponding regulatory authority through rules and regulations, and supervise independently according to the prescribed procedures.
4. Standardized process management. Standardized handling process management can correctly guide police officers to perform their duties according to law and avoid work mistakes. In addition to the traditional examination and approval system of initial investigation, filing a case, compulsory measures, investigation termination and transfer for examination and prosecution, the process management of handling cases also emphasizes the standardized management of inquiry, interrogation and evidence collection. This aspect of management mainly includes the following aspects. First, strengthen the leadership approval process. In the practice of handling cases, some units often ignore the examination and approval procedures of these investigations. Under normal circumstances, investigators directly carry out investigations with legal documents, and sometimes even ask witnesses or collect evidence from relevant units without legal documents. This behavior is manifested in the file, that is, there are many evidences without legal sources. The second is to strengthen investigation and supervision. We should give full play to the role of democratic supervision and social supervision. Through the rights and obligations notification system, the supporting supervision and reporting system, the parties' appraisal system and the case evaluation system, the work style and discipline style of the case handlers are effectively supervised, so that every case handling behavior is supervised in time and effectively, so that they feel that they are supervised at all times, thus consciously standardizing their investigation behavior and correcting violations in time, so that every case they handle can stand the test of history and truly become an "iron case". The third is to strengthen institutional constraints. It is necessary to establish an accountability system for case quality and a disciplinary mechanism for illegal and uncivilized handling of cases. The accountability system for case quality supervises and restricts the case quality and the case handlers at the same time, which can not only enhance the concept of fair law enforcement of case handlers, but also reduce and prevent the occurrence of misjudged cases.
The occurrence of. The disciplinary system for illegal or uncivilized handling cases is to supervise specific investigation behaviors, promote civilized law enforcement by case handlers and standardize law enforcement behaviors.
5. Improve the work assessment mechanism and correctly guide the investigation and handling of duty crime cases. At present, the procuratorial organs' assessment of self-investigation, public prosecution, investigation supervision and other departments is mostly just a simple assessment of the number of cases handled, the prosecution rate, the non-prosecution rate, the withdrawal rate and the guilty verdict rate, without a comprehensive assessment of the quality of cases. In fact, in judicial activities, it is also an important content of criminal proceedings to determine the innocence of criminal suspects and protect their legitimate rights and interests. Therefore, in the assessment content, when assessing the "three rates", cases with poor case quality will be excluded and will not be scored, which will certainly promote the attention of case handlers and units to the quality of cases. It is necessary to allow the public, prosecutors and lawyers to have different understandings of specific cases and have a reasonable error rate. Only in this way can we ensure that the investigation department can relieve worries, truly take facts as the basis and law as the criterion, thus improving the quality of handling cases.
6, strengthen the case funding, improve the scientific and technological content of procuratorial organs handling equipment.