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How to strengthen judicial exchanges between the east and the west
How to strengthen judicial exchanges between the east and the west

First, the necessity of regional cooperation in western procuratorial work

First, procuratorial cooperation is the proper meaning of the rule of law and the inevitable trend of its development. Efficient and harmonious procuratorial cooperation is the inherent requirement and basic feature of building a socialist country ruled by law, and it is also a necessary condition to realize judicial justice and the value of socialist rule by law. With the continuous advancement of the rule of law in China, strengthening exchanges and cooperation between procuratorial organs has become the trend of the development of the rule of law. At present, many areas in China have carried out extensive procuratorial exchanges and cooperation through various forums and conferences. For example, the joint meeting of prosecutors in the Pan-Pearl River Delta region held in the provinces of the Pearl River Basin, and the procuratorial organs in Wuhan city circle are also actively exploring and promoting cooperation mechanisms. Prosecutors from eight districts and counties in western Chongqing and eastern Sichuan signed the Agreement on Cooperation of Procuratorial Work in Eight Districts and Counties in Western Chongqing and Eastern Sichuan. The practice of procuratorial cooperation in these regions proves that it has become an inevitable trend to strengthen exchanges and cooperation between procuratorial organs.

Second, give full play to the functions of procuratorial organs and combat the practical needs of curbing crime. With the economic development in the western region, various forms and levels of economic, information, cultural and personnel exchanges have become increasingly frequent. Similarly, in the west, the proportion of inter-provincial and inter-regional criminal cases investigated by procuratorial organs is also increasing. At present, the grim crime situation and its cross-regional characteristics have repeatedly shown that in order to play its functional role, procuratorial organs must strengthen cross-provincial and cross-regional cooperation in procuratorial investigation, so as to effectively combat and contain crimes. However, at present, one of the biggest problems for procuratorial organs to crack down on cross-regional crimes is the difficulty in obtaining evidence from different places. With the increase of cross-regional and cross-industry crimes, there are more and more cases that procuratorial organs need to obtain evidence from different places. But in the face of unfamiliar environment and people, it is not easy to obtain evidence from the parties, and it is even more difficult to obtain evidence from enterprises. Therefore, due to the change of law enforcement environment and crime situation, the previous single-handedly procuratorial mode can no longer meet the practical needs of current procuratorial work. Only through cooperation can we win the procuratorial work in all localities, otherwise, the procuratorial organs in all localities can only go their own way, and it is difficult to form a joint force to crack down on crime. Only by realizing efficient and pragmatic cooperation between procuratorial organs in the western region can we thoroughly and effectively crack down on regional crimes, maintain social stability and order, and ensure the good economic and social development in the western region. Therefore, procuratorial cooperation is a realistic need to crack down on crimes and play the role of procuratorial organs.

Third, the current needs of economic development in the western region. Due to historical and practical reasons, the economic development in the western region is relatively backward compared with that in the eastern region, and the fiscal revenue in natural regions is relatively poor, which leads to the shortage of funds for investigation and handling cases by procuratorial organs. The practical difficulties of funds often restrict the development of local procuratorial work, especially the lack of funds often makes it impossible to successfully investigate some cross-regional cases. The reality of tight funds may not only miss the best opportunity to investigate cases, but also lead to the inability to crack down on crimes in time and effectively, bringing unnecessary losses to the interests of the country and the people. Therefore, the problem of funds has long been one of the biggest obstacles restricting the development of procuratorial work in the western region. In addition, due to the problem of funds, procuratorates in some areas charge investigation fees in various ways when providing investigation cooperation for other procuratorates, which is extremely unfavorable for establishing good cooperative relations between procuratorial organs for a long time and cracking down on cross-regional crimes in the western region. Therefore, the issue of collecting investigation fees has been banned by the Supreme People's Procuratorate. There are two main ways to solve the problem of funds, that is, increasing income or reducing expenditure, and strengthening procuratorial cooperation in the western region is one of the ways to reduce expenditure. By constructing an efficient and pragmatic mechanism of procuratorial exchange and cooperation in the western region, the problem of cross-regional information exchange and cooperation in procuratorial investigation can be solved. To a certain extent, it can effectively reduce the expenditure of investigating cross-regional crimes, save the investigation resources of procuratorial organs and improve their investigation efficiency.

Two, the feasibility analysis of regional cooperation in the western region.

First, regional procuratorial cooperation conforms to the trend of the times. Under the background of economy, information regionalization and globalization, the construction of regional procuratorial cooperation mechanism conforms to the historical requirements of further curbing and cracking down on crime and the trend of the times. At present, the regionalization and globalization of economy have brought great prosperity to modern society, and also made all kinds of crimes have the characteristics of cross-regionalization. Cross-regional crimes will inevitably bring challenges to the original fragmented procuratorial work, but the increasingly severe historical reality of cross-regional crimes also provides historical conditions for strengthening exchanges and cooperation in the western procuratorial work. Therefore, the procuratorial organs in the western region should seize the historical opportunity and vigorously promote regional cooperation in the western region.

Second, the procuratorial organs in the western region share common interests and goals in cracking down on cross-regional crimes. * * * The pursuit of common interests and goals is the basis for establishing a good cooperation mechanism between any organizational departments. Procuratorial organs in the western region share the same interests and goals in cracking down on cross-regional crimes. * * * The same interests mean that procuratorial organs have similar cooperation needs in procuratorial investigation and information exchange. Combating crimes, maintaining stable order in the western region and ensuring economic development and social harmony in the western region are the same goals of procuratorial work in the western region. These interests and goals provide the basic conditions for the procuratorial organs in the western region to cooperate in cracking down on cross-regional crimes. The exchange and cooperation mechanism established on the basis of common interests will certainly promote the exchange and cooperation between procuratorial organs in the western region, give full play to the functions of procuratorial organs in cracking down on crimes, protecting the interests of the state and the people, and maintaining social harmony, and improve the overall efficiency of the procuratorial system in the western region.

Third, there is a certain legal and theoretical basis for strengthening cooperation between procuratorial organs in the western region. First of all, according to the Criminal Procedure Law, the Criminal Procedure Rules of the People's Procuratorate and other relevant provisions, the Supreme People's Procuratorate issued the Notice on the Interim Provisions on the Investigation Cooperation of the People's Procuratorate, which made corresponding provisions on the investigation cooperation of the local procuratorates. For example, "if it is really necessary for the procuratorate to request the assistance of the relevant people's procuratorate in handling cases of duty crimes such as corruption, bribery, dereliction of duty and infringement, it may request investigation cooperation." To a certain extent, these regulations provide a framework reference and legal guidance for the exchanges and cooperation between procuratorial organs in the western region in a wider scope; Secondly, the practice of inter-regional procuratorial exchanges and cooperation has broadened the channels of cooperation in combating crime and enriched the materials needed for the study of regional cooperation of procuratorial organs. At the same time, both procuratorial practice and procuratorial theory attach great importance to the research of procuratorial theory and the research of procuratorial exchange and cooperation. The continuous enrichment and deepening of the research on procuratorial cooperation can not only enrich the channels and choices of procuratorial cooperation, but more importantly, it will certainly provide a solid theoretical basis for the exchange and cooperation of procuratorial regionalization in the western region.

Fourth, the development of economy and modern technology has the necessary material conditions. With the development and popularization of modern science and technology, technological changes are affecting every corner of social life. Similarly, the procuratorate in the western region is no exception. Some modern technologies have begun to enter the procuratorates in the western region, and gradually affect the current procuratorial work. Such as wireless communication and computer network, are improving information exchange and communication between procuratorates and promoting the integration of procuratorial organs. In addition, due to the sustained economic development in the western region, the budget of the procuratorate is also increasing, and the working environment and office facilities of the procuratorate have also been improved. The solution to the problem of procuratorial organs' funds and the improvement of hardware conditions have laid a necessary material foundation for promoting information exchange and investigation cooperation between procuratorial organs in the western region.

Fifth, exchanges and cooperation between procuratorial organs in the western region are conducive to maintaining a good environment for economic and social development in the western region. Pragmatic and efficient communication and cooperation between procuratorial organs is conducive to realizing the organic unity of the legal effect and social effect of handling cases to the maximum extent, creating a good social security environment, a standardized market environment, a clean government environment and a fair judicial environment, and providing powerful legal services and legal guarantees for the comprehensive, coordinated and sustainable economic and social development in the western region.

Sixth, international procuratorial cooperation also provides an important reference for the construction of procuratorial cooperation mechanism in the western region. In handling cases of judicial assistance, procuratorial organs strengthen cooperation with foreign judicial organs in obtaining evidence, transferring custody, extradition and information exchange in accordance with international conventions acceded to by China, judicial treaties signed and procuratorial cooperation agreements. More than 0/00 cases of judicial assistance are handled every year, and more than 400 cases involving Hong Kong and Macao are handled every year. Through international criminal judicial assistance, on the one hand, it has strengthened the efforts to pursue and recover from overseas, safeguarded the judicial sovereignty of the country, and promoted the in-depth development of the anti-corruption struggle; On the other hand, the procuratorial organs have collected and sorted out the judicial procuratorial systems of more than 70 countries and the anti-corruption laws and regulations of more than 60 countries, providing valuable information for effectively carrying out judicial assistance, case investigation and procuratorial reform research, and accumulating rich experience in carrying out procuratorial cooperation. These practices and experiences of international exchanges and cooperation have important enlightenment and reference significance for procuratorial cooperation in the western region.

Thirdly, the basic conception of procuratorial cooperation mechanism in the western region.

The regional cooperation of western procuratorial organs mainly refers to the active communication and cooperation between procuratorial organs in the western region and other procuratorial organs in the daily procuratorial work and handling related criminal cases according to law, exchanging information and cooperating in investigation, and jointly carrying out procuratorial theory research and personnel exchange training. Of course, investigation cooperation is only a very important part of western procuratorial regional cooperation, but it is not the whole of regional cooperation. The procuratorial regional cooperation mechanism advocated here should be a broader concept, including not only investigation cooperation, but also procuratorial theoretical research, experience information exchange, prosecutor training and permanent rules and organizations for cooperation and exchange. The purpose of constructing the procuratorial cooperation mechanism in the western region is to promote the research and exchange related to procuratorial work, so as to better curb and crack down on cross-regional crimes, maintain social stability and order, and ensure social harmony in the western region. The most fundamental basis of its construction is that the interests and goals of local procuratorates in procuratorial work and criminal case investigation are the same.

The basic characteristics of procuratorial cooperation mechanism in western China;

1. Joining the procuratorial cooperation mechanism in the western region should adhere to the principle of voluntariness. In other words, whether a procuratorate participates in this mechanism is not forced by external forces, but the procuratorate itself does have the will to participate. The reason why we should adhere to the principle of voluntariness is that participating in this mechanism should not only enjoy the right of cooperation, but also bear corresponding obligations. Voluntary participation can fully satisfy the autonomy of the procuratorate and avoid refusing to undertake the obligation of communication and cooperation on the grounds of unwillingness to join after joining. In fact, the principle of voluntariness is an inevitable requirement of every successful cooperation mechanism. Only by adhering to the voluntary principle can we fully mobilize the enthusiasm of procuratorial organs, but this voluntary principle is only effective in whether to join or not. If you join, no matter who you are, you must abide by the relevant provisions of the signed cooperation agreement.

2 the construction and operation of the procuratorial cooperation mechanism in the western region must abide by the provisions of laws and regulations. All parts and links of the procuratorial cooperation mechanism in the western region must comply with the provisions of existing laws and regulations, which is a fundamental principle of the procuratorial cooperation mechanism in the western region. In other words, the construction and development of this mechanism must be based on existing laws, and any violation of existing laws in China is not allowed. The procuratorial organ itself is the legal supervision organ, and it is also the guarantee to safeguard judicial justice. If its own cooperation mechanism cannot act according to law, it will make the procuratorial cooperation mechanism meaningless and necessary, and it will also damage the legal image of the procuratorial organs in the western region.

3. The procuratorial cooperation mechanism in the western region adheres to openness. Openness means that this cooperation mechanism is open to organizations other than procuratorial organs to a certain extent, and other organizations can participate in it in a limited way or form, thus expanding the vision of procuratorial work research under the cooperation mechanism; On the other hand, the so-called openness also means that this mechanism is constantly developing, not rigid and self-styled. With the change of law enforcement environment and cooperation demand, it is also developing and progressing.

4. The procuratorial cooperation mechanism in the western region is based on equality and mutual benefit. Equality is one of the basic values of modern socialist rule of law, and the procuratorial cooperation mechanism in the western region is also based on equality and mutual benefit. Every procuratorate that voluntarily participates in this mechanism can equally enjoy the rights stipulated in multilateral agreements on regional exchanges and cooperation and undertake corresponding equal obligations. At the same time, any organization that fails to fulfill the cooperation agreement should be dealt with fairly to restrain the behavior of each organization. Procuratorates should actively carry out exchanges and cooperation in various forms such as mutual cooperation and information exchange. On the basis of equality and mutual benefit, we will constantly improve the level of cooperation between procuratorates, crack down on cross-regional crimes, maintain stability and order in the western region, and ensure the harmonious development of society.

Four. Multilateral agreement framework for regional exchanges and cooperation in procuratorial work

The core part of the construction of procuratorial exchange and cooperation mechanism in the western region is that the procuratorates who voluntarily join need to sign a Multilateral Agreement on Procuratorial Exchange and Cooperation in the Western Region, which stipulates the main objectives, principles, contents, articles of association, organizations and departments of the cooperation mechanism. Its main objectives, principles, etc. It has been mentioned above, so I won't repeat it here.

1. The main contents of the cooperation agreement shall include the following aspects:

(1) Strengthen business communication. By sending personnel to exchange visits, holding symposiums, using procuratorial information networks, etc., learn from each other and learn from the experiences and practices of various localities in performing their legal supervision duties according to law, safeguarding judicial justice and legal unity, and serving the overall situation of reform, development and stability; Experience and practice of deepening procuratorial reform and ensuring the fair exercise of procuratorial power according to law; Experience and practice of strengthening the construction of procuratorial team and improving the overall quality and law enforcement level.

(2) Strengthen information exchange. Use modern technology management concept to build a platform for information exchange and sharing. This platform should be fully open to the procuratorial organs in the western region, so that the procuratorial organs of all parties can exchange information in a timely and effective manner through this platform, such as the exchange of information on law enforcement practice and procuratorial reform, the exchange of work briefing, procuratorial publications and related academic research results, and the exchange of law enforcement reference materials.

(3) Strengthen case investigation. A large part of procuratorial cooperation in the western region is investigation cooperation. It mainly refers to providing maximum assistance to each other in matters that need to verify cases, investigate and collect evidence, take compulsory measures, search, detain and recover money and materials involved in the case in accordance with laws and relevant regulations and notices of the Supreme People's Procuratorate on investigation and cooperation. This kind of investigation cooperation is equality, mutual benefit and mutual assistance between procuratorates, and it is a normal and routine procuratorial cooperation. At the same time, we should avoid collecting investigation fees for assisting in the investigation by various means.

(4)*** Build training bases and strengthen cooperation in education and training. Under the background of the continuous progress of democracy and the rule of law and the continuous improvement of the legal literacy of the whole people, the legal quality of the staff of grass-roots procuratorates in the western region is relatively low, which is not conducive to the construction of a modern socialist society ruled by law and makes it difficult for them to adapt to the changes in the current law enforcement environment in the western region. Therefore, it is necessary for the procuratorial organs in the western region to cooperate with the law schools in the western region, explore the mechanisms, ways and means to establish mutual exchanges and cooperation in education and training, give full play to their respective advantages in teachers, places, information, experience and theory, and realize complementary advantages and common development. Procuratorial education should follow the basic principles of scientifically setting courses, updating training contents in time, being close to the reality of procuratorial work, improving pertinence, constantly expanding training scope, strengthening exchange, learning and interaction, and flexible organization to alleviate the contradiction between work and study.

2. Western Region Attorney General's Federation. The Federation of Procurators-General established on the basis of multilateral cooperation agreements should be a spontaneous procuratorial friendly organization in the western region and a permanent coordinating body for procuratorial exchanges and cooperation in the western region. Its main purpose is to reach a cooperative understanding through extensive exchanges and guide the exchanges and cooperation between procuratorial organs, so as to combat crime and maintain social harmony and stability. The main functions of the Federation of Procurators-General in the western region are: coordinating cooperation between procuratorates, improving the level of information exchange, guiding education and training, and promoting procuratorial theory and legislative research. Of course, the nature of the Federation, sources of funds, departmental construction, organizational contact, daily operation and management and other specific operational details need further discussion and exchange between the procuratorate and the theoretical circle to reach a * * * understanding.

3. Forum meetings. Forum meeting is an important part of procuratorial exchanges and cooperation in the western region. It can provide a platform for local procuratorates and legal circles to exchange, study and deepen their research, and it is also an important opportunity to further establish cooperative relations between them. In fact, at present, regional procuratorial cooperation in many regions at home and abroad exists in the form of forum meetings, such as the Western Rule of Law Forum, the Pan-Pearl River Delta Regional Attorney General's Joint Meeting, and the Attorney General's Meeting of Shanghai Cooperation Organization Member States. The existence and development of these forum meetings is an important opportunity for procuratorial organs to strengthen exchanges, study and broaden their horizons with the national legal circles, which not only enhances the research ability and level of procuratorial theory in China, deepens the research of procuratorial theory, but also expands the research influence of procuratorial theory in China. Procuratorial forums and conferences have had a positive and beneficial impact on the practice of judicial cooperation to a certain extent, expanding the channels of interregional procuratorial cooperation. It can also be said that various forms of procuratorial forums and meetings are the first step to establish regional procuratorial cooperation, the beginning of exchanges and cooperation, and prepare conditions for further improving the level of cooperation.

Any perfect theory is inseparable from the test of practice; Any successful practice is inseparable from the guidance of theory. Only in the interaction of mutual testing and mutual guidance can we achieve "win-win". The theoretical practice of regional procuratorial exchanges and cooperation will be the same, that is, more in-depth research is needed, and these related theories of procuratorial cooperation will be constantly tested through judicial cooperation practice, so that practice and theory can form a benign interactive relationship, and the procuratorial cooperation mechanism in the western region can overcome its defects and gradually improve.

I wrote this paper. Although it is plagiarized, it is not bad. I hope it helps you.