Procuratorial style
Xia Yong: Improve the ability to substantially resolve the risks of letters and visits
Time: April 17, 2024 Author: News source: [Font size: large | in | Small

April 17, 2024, 3rd edition of Procuratorial Daily

Original title

Improve the ability to substantially resolve conflicts and risks in letters and visits

Author: Chuzhou People's Procuratorate of Anhui Province

Deputy Procurator General Xia Yong

The report of the Twentieth National Congress of the Communist Party of China proposed to "strengthen and improve the people's petition work", and unblock and standardize the channels for the expression of people's demands, the coordination of interests, and the protection of rights and interests. How can procuratorial organs assume the responsibility and mission of being one of the main practitioners of the "Maple Bridge Experience" in the new era, actively perform their duties through measures such as source of litigation governance and judicial assistance, and provide procuratorial force for correctly resolving disputes over letters and visits and promoting innovation in social governance? The author believes that, at present, we should focus on improving the ability to substantially resolve the risks of petition conflicts through data analysis, research and judgment of causes and characteristics, experience and problem summary, etc.

We will ensure that complaints related to inspection are handled in accordance with the rule of law. Adhere to the rule of law thinking and the rule of law to solve the law related complaints. The acceptance, review and screening of complaint reporting matters in the procuratorial link should be standardized according to law, and the written decision of rejection should be made for complaint reporting that the subject is not qualified, the materials are not complete, is not within the scope of procuratorial authority, and has been terminated, so as to strengthen the judicial nature of the acceptance link. Accurately distinguish the boundaries of "litigation" and "visit", and timely introduce judicial procedures and implement case-based handling for those that meet the acceptance conditions. For those who do not meet the acceptance conditions, patiently explain, guide the complainants to express their demands in functional units, do a good job of "export" in an orderly manner, practically implement the separation requirements of "litigation" and "visit", and increase the implementation of the working mechanism for the termination of legal and litigation related complaint cases.

Improve the internal joint efforts of the procuratorate to resolve the contradictions between letters and visits. We must resolutely implement the requirement of "handling every case with high quality and efficiency". From the perspective of strengthening the ruling foundation of the Party and reducing the political position of social contradictions, we should effectively improve the ability of prosecutors to handle cases in accordance with the law and resolve the contradictions between legal and litigation related letters and visits, firmly establish the concept of both handling cases and letters and visits from the depth of our minds, further improve case process monitoring, case quality assessment and risk assessment of letters and visits, We will resolutely prevent procuratorial complaints caused by improper administration of justice.

Improve the linkage handling mechanism of the complaint reporting departments involved in inspection to enhance the joint force. Deepen the joint handling mode of legal and litigation related letters and visits led by the court leaders, led by the prosecution department, and participated by the case handling department, give play to the advantages of the "integration" mechanism of procuratorial and litigation related letters and visits, and let the prosecution department and other case handling departments work together to explain the law and reason, so as to convince people with reason Persuade people by law.

Strengthen systematic thinking, improve the contradictions of inspection related letters and visits, and resolve external coordination. Practice shows that there is often a highly complex interest game behind the legal and litigation related letters and visits. The procuratorial organ should coordinate all parties, strive for support and form a joint force in the process of resolving the contradictions of letters and visits.

First, for legal and litigation related letters and visits involving people's livelihood, land acquisition and demolition, education and other fields, actively establish a regular contact and cooperation mechanism with the local party committee and government, grass-roots towns and villages, coordinate the government and functional units to solve problems from the root of letters and visits, and achieve substantive resolution.

Second, we should give full play to the role of procuratorial suggestions in promoting the rectification of similar cases. We should thoroughly analyze the common problems found in the resolution of contradictions between letters and visits or the shortcomings in social governance, put forward rectification suggestions to functional units or responsible subjects in accordance with the law, achieve the goal of handling one case and governing one party, and promote the modernization of social governance system and governance capability with procuratorial force.

The third is to strengthen the mechanism of multi-party participation. We should consolidate the diversified pattern of judicial assistance, continue to improve the docking mechanism of prosecution and mediation, and actively integrate into the large mediation work pattern led by the Party committee and the government. Actively invite representatives, people's supervisors, representatives of people's mediation organizations and social organizations, professionals and other third parties to participate in the resolution of conflicts between legal and litigation related letters and visits, and achieve the goal of clarifying the truth and resolving the knot through public hearings, interpretation of the law and reasoning. We should make good use of the joint meeting mechanism with public security organs and courts for cases involving law and litigation, strengthen communication and cooperation with the original case handling units, improve the investigation, verification and cooperation support measures, and form consensus on judicial standards, response opinions, and handling decisions.

We will deepen education on the rule of law and guide the people to express their complaints in accordance with the law. We will do a good job in publicizing the procuratorial rule of law in the new era, implement the responsibility system of "whoever enforces the law will popularize the law", carry out law popularization activities such as prosecutors sending the law to villages, communities, enterprises, and schools, vigorously publicize legal common sense, the functions of procuratorial organs, and relevant provisions on legal and litigation related letters and visits, and actively guide the masses to develop a strong sense of reasonable expression of demands and letters and visits level by level according to law, Efforts should be made to reduce irregular letters and visits. We should explore and improve the classification and classification handling mechanism of inspection related letters and visits, guide some of them to use legal weapons to safeguard their own rights and interests, earnestly explain the law and reason, especially invite third-party professionals such as psychological consultants to participate in the joint interview and handling of paranoid letters and visits, Do a good job of psychological counseling and correction of complainants.