Anhui Legal Daily, 3rd edition, October 25, 2023
Huainan procuratorial civil supervision scale and quality and efficiency are improved simultaneously
Reporter Yuan Zhongfeng Correspondent Zhao Wu
Since 2022, the procuratorial organs at the two levels of Huainan City have conscientiously implemented the relevant deployment and requirements for the comprehensive and coordinated development of the "four major procuratorates" of the highest procuratorial level, continued to increase the strength of civil procuratorial work, effectively protected the legitimate rights and interests of the people, and provided a strong judicial guarantee for the high-quality development of the local economy and society.
The retrial rate of civil protest cases is 100%
Since 2022, the procuratorial organ of Huainan City has accepted 736 civil procuratorial cases of all kinds, and put forward 410 supervision opinions after the trial. The scale of handling cases has continued to increase. From January to August this year, the number of cases received and supervised increased by 130% and 162.3% year on year. In order to better coordinate "quality with quantity" and "quantity with quality", Huainan Procuratorate deployed and carried out the civil procuratorial "quality construction year" activity, continued to standardize case handling procedures, improve supervision rigidity, and achieve simultaneous improvement of supervision scale and supervision quality and efficiency. Since 2022, the retrial revision rate of civil protest cases has reached 100%, the adoption rate of retrial procuratorial recommendations has reached 97.3%, and the adoption rate of procuratorial recommendations on illegal supervision of trial procedures and implementation supervision has reached 100%.
In handling cases, the procuratorial organs at the two levels of Huainan City conscientiously implemented the deployment requirements of the Opinions on Creating a First class Business Environment formulated and issued by the provincial party committee and the provincial government, and the Ten Measures of the Procuratorate of Anhui Province to Boost the High quality Development of the Private Economy formulated and issued by the provincial procuratorate, and solidly carried out special supervision on enterprise related cases, Protect the enthusiasm of entrepreneurs and relevant practitioners for innovation and entrepreneurship in accordance with the law. Since 2022, 142 cases involving private economy have been supervised. Among them, there were 6 protests, 27 retrial procuratorial suggestions, and 89 judicial violations and implementation supervision procuratorial suggestions.
In handling cases, procuratorial suggestions should be formulated and issued in a timely manner to promote similar handling of similar cases, focusing on the different standards of adjudication of similar cases, the similar problems existing in trial execution and the common social governance problems found in handling cases. Since 2022, 42 similar cases and social governance procuratorial recommendations have been issued.
Actively integrate into conflicts and disputes and conduct diversified mediation
In June 2023, Huainan Procuratorate handled the case of an engineering limited company applying for implementation supervision. The case handling prosecutor, in combination with the case, exchanged views with the court many times on how to accurately apply the law, prompted the court to revoke the original enforcement ruling on its own initiative, and took enforcement reversal measures against more than 6 million yuan of enforcement funds. After that, the applicant voluntarily withdrew the supervision application and stopped the appeal.
In handling cases, the procuratorial organs at the two levels of Huainan City adhere to and develop the "Fengqiao experience" of the new era, actively integrate into the comprehensive mechanism of multiple prevention and mediation of contradictions and disputes, and promote the resolution of contradictions in the whole process of civil procuratorial handling by putting forward supervision opinions, interpreting the law and reasoning, so as to change "case closed" into "case closed". Since 2022, the Republic has settled 18 civil cases of interest litigation.
In order to handle the "small cases" around the masses, the procuratorial organs at the two levels of Huainan City conscientiously handled labor disputes, housing sales, private lending and other cases that are closely related to the immediate interests of the masses. By handling each specific case well, the people really feel that fairness and justice are around them. According to statistics, 50 disputes involving housing sales contracts, 12 labor disputes and 39 private lending disputes were handled in the effective cases of judgment supervision. In order to give full play to the special role of the support prosecution system in protecting the rights and interests of vulnerable groups, we continued to carry out the special action of "procuratorial blue" to help solve the problem of salary payment, and actively expanded the area of support prosecution. Since 2022, 140 opinions have been put forward to support the prosecution, helping to recover more than 1 million yuan of labor remuneration, alimony and alimony.
Strictly Punish False Litigation and Maintain Judicial Authority
From the end of 2021 to the beginning of 2022, in order to handle a series of false litigation supervision cases of a labor contract dispute, Huainan Procuratorate set up a special case team, went to Anqing, Fuyang, Hefei and other places for many times to investigate and collect evidence, accurately found out the facts of the case, and then put forward 23 retrial procuratorial suggestions, which were accepted by the court. The criminal clues were transferred to the public security organ in response to the behavior of the perpetrator who filed a lawsuit for falsifying evidence. The civil procuratorial professional advantages were used to intervene in advance to guide the investigation and evidence collection, and the illegal and criminal acts were severely punished. Three offenders were investigated for criminal responsibility for helping to forge evidence.
In order to do a good job in the in-depth supervision of illegal acts in false litigation, the procuratorial organs at the two levels of Huainan City insist on "one case, three investigations", adhere to the combination of "case" supervision and "person" supervision, and carry out in-depth supervision of illegal acts in the field of false litigation. Since 2022, four protests have been filed against false lawsuits, and 34 retrial and procuratorial suggestions have been put forward, helping to create an honest and trustworthy litigation environment.
In order to strengthen the supervision and control of false litigation, Huainan Procuratorate also summarized the false litigation cases involving "routine loans" handled in the past three years, deeply analyzed the financial risks caused by illegal fund-raising behind the cases, and issued social governance procuratorial suggestions to the administrative department, urged further strengthening local financial supervision, and seriously cracked down on all kinds of illegal financial activities, We will continue to optimize the financial ecological environment and effectively maintain local financial security and stability.
Protect the legitimate rights and interests of the winning party
The execution procedure is often the last link in the civil procedure, and it is also an extremely important link. In the supervision of civil execution, the procuratorial organs at the two levels of Huainan City focused on "the difficulty of execution", standardized the execution behavior with procuratorial supervision, and protected the legitimate rights and interests of the winning parties in accordance with the law. Since 2022, the city's procuratorial organs have accepted 218 cases of civil execution supervision, and 204 procuratorial suggestions have been put forward after review.
In order to strengthen the supervision of key links and issues such as negative enforcement, and focus on the incompletion of property investigation measures and other illegal situations, special supervision activities for illegal termination of this enforcement were deployed throughout the city. More than 110 case clues were found and 57 procuratorial suggestions were put forward.
In order to strengthen the concept of equal protection, a number of supervision cases involving false litigation, illegal execution, excessive execution and other prominent issues that were strongly reflected by private enterprises were investigated and handled according to law, and the legitimate rights and interests of private enterprises were effectively safeguarded. Since 2022, a total of 46 suggestions on supervision and inspection of enterprise implementation have been put forward. For example, in the case of a mining company applying for enforcement supervision handled by the Tianjia'an District Procuratorate, the court was urged to reduce the property freeze limit and help the enterprise return to normal operation when the enterprise had fulfilled part of its judgment obligations and provided guarantee for the remaining debt.
