Xinhua News Agency, Beijing, August 2
Opinions of the Central Committee of the Communist Party of China on strengthening the legal supervision of procuratorial organs in the new era
(June 15, 2021)
The People's Procuratorate is the national legal supervision organ, the judicial organ that guarantees the unified and correct implementation of national laws, an important force to protect national interests and social public interests, an important part of the national supervision system, and plays an important role in promoting the comprehensive rule of law and building a socialist country ruled by law. Since the 18th National Congress of the Communist Party of China (CPC), under the strong leadership of the CPC Central Committee with Comrade Xi Jinping at the core, procuratorial organs at all levels have conscientiously implemented the decisions and arrangements of the CPC Central Committee, faithfully performed their legal supervision duties according to law, and made positive contributions to promoting economic and social development. In the new stage of development, compared with the new needs of the people in democracy, rule of law, fairness, justice, security, environment and other aspects, law enforcement and implementation are still weak points that need to be supplemented urgently, and the role of procuratorial organs in legal supervision is not fully played. In order to further strengthen the Party's absolute leadership over procuratorial work and ensure that procuratorial organs perform their legal supervision duties as entrusted by the Constitution and laws, the following opinions are put forward on strengthening the legal supervision work of procuratorial organs in the new era.
1、 General requirements
Adhere to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third, Fourth and Fifth Plenary Sessions of the 19th Central Committee, thoroughly implement Xi Jinping Thought on the Rule of Law, strengthen the "Four Consciousness", strengthen the "Four Confidence", achieve the "Two Safeguards", and closely focus on promoting the overall layout of the "Five in One" Coordinate and promote the "four comprehensive" strategic layout, focus on politics, take the overall situation into consideration, seek development, and focus on self-improvement, and perform procuratorial functions in criminal, civil, administrative, and public interest litigation with a high degree of political consciousness in accordance with the law, so as to achieve the comprehensive, coordinated and full development of procuratorial work, promote the organic connection and coordination between the legal supervision of procuratorial organs and other types of supervision, and comprehensively deepen the reform of the judicial system, Vigorously promote the construction of a revolutionary, regular, professional and professional procuratorial team, focus on improving the level of legal supervision ability, and constantly make new contributions to upholding and improving the socialist system with Chinese characteristics, and promoting the modernization of the national governance system and governance ability.
2、 Give full play to the role of legal supervision to serve the overall situation and the people's justice
1. We will resolutely safeguard national security and overall social stability. Adhere to the overall national security concept and actively invest in building a higher level of safe China. We will resolutely prevent and punish crimes such as splitting the country, subverting state power, and organizing terrorist activities in accordance with the law, and improve our ability to safeguard national security. Regularly carry out the fight against organized crime to achieve long-term effect. Punish and effectively prevent cybercrime according to law, promote and improve the comprehensive network governance system, and create a clear cyberspace. According to the crime situation and the change of the public security situation, we should accurately grasp the criminal policy of tempering justice with mercy, implement the system of leniency for pleading guilty and accepting punishment, strictly apply arrest and detention measures according to law, and promote social harmony and stability. Actively participate in the construction of the social security prevention and control system, and promote the improvement of the level of social governance under the rule of law.
2. Services to ensure high-quality economic and social development. Accurately grasp the new development stage, thoroughly implement the new development concept, serve to build a new development pattern, give full play to the role of procuratorial functions, and provide a strong judicial guarantee for high-quality economic and social development. Participate in the prevention and resolution of financial risks in accordance with the law, serve to consolidate and expand the achievements of poverty alleviation, comprehensively promote rural revitalization, and strengthen the judicial protection of ecological civilization. Safeguard the legitimate rights and interests of enterprises according to law. We will strengthen judicial protection of intellectual property rights and provide services to ensure innovation driven development. We will strengthen regional law enforcement and judicial cooperation to serve and ensure the implementation of major national strategies. Deepen international judicial cooperation, resolutely safeguard judicial sovereignty and safeguard national interests.
3. Effectively strengthen the judicial guarantee of people's livelihood. Adhere to the people centered development philosophy, comply with the new needs of the people for a better life in the new era, strictly punish crimes that endanger food and drug safety, environmental pollution, and production safety in accordance with the law, and effectively ensure the well-being of the people. We will strengthen legal supervision and safeguard social fairness and justice by seizing problems such as lax law enforcement and unfair administration of justice that have been strongly reported by the people. Adhere to and develop the "Maple Bridge Experience" in the new era, improve the prosecution mechanism for complaints, improve the system for handling complaints from the masses, introduce hearing and other methods to review and handle difficult cases, and effectively resolve conflicts and disputes. We will strengthen judicial protection for minors and improve the protection system that combines professionalism with socialization.
4. Actively lead the social awareness of rule of law. Integrate socialist core values into legal supervision, standardize social behavior and lead social fashion by promoting strict law enforcement and fair justice. Regularly analyze and publish the relevant information of legal supervision, deepen the openness of procuratorial affairs, improve judicial credibility, and lead social justice with judicial justice. We will implement the responsibility system for popularizing the law that "whoever enforces the law will popularize the law", issue guiding cases and typical cases in a timely manner, strengthen the reasoning of legal documents and the interpretation of the law through cases, deepen activities such as the rule of law into schools and communities, and promote the cultivation of the concept of the rule of law among the whole people.
3、 Comprehensively improve the quality and effect of legal supervision and safeguard judicial justice
5. Improve the linkage mechanism between administrative law enforcement and criminal justice. We will improve the system of law enforcement and judicial information sharing, case notification, and case transfer between procuratorial organs and administrative law enforcement organs, public security organs, judicial organs, and judicial administrative organs, so as to realize the legal connection between administrative punishment and criminal punishment. If the administrative law enforcement organ fails to transfer the suspected criminal case to the public security organ according to law, the procuratorial organ shall supervise according to law. If administrative law enforcement personnel are found to be suspected of violating the law or committing crimes by taking advantage of their duties, they shall be handed over to the supervisory organ for handling. We will improve the system under which procuratorial organs will, according to law, transfer criminal suspects who have decided not to prosecute to relevant competent authorities for administrative punishment, administrative punishment or other sanctions.
6. Strengthen the supervision of criminal case filing, investigation and trial activities. Timely discover and correct the illegal situations that should be filed but not filed, should not be filed but filed, and have been "suspended" for a long time, and resolutely prevent and correct the involvement of criminal means in civil disputes and economic disputes. Strengthen the ability to detect and correct illegal acts such as extorting confessions by torture and illegal evidence collection in a timely manner, and prevent the occurrence of unjust, false and wrong cases from the source. Standardize the application of coercive measures and investigative methods, and effectively protect human rights. Implement the requirements of trial centered litigation system reform, uphold an objective and fair position, strengthen evidence review, strictly implement the rule of excluding illegal evidence, adhere to the principle of never having a suspect, and timely and effectively perform the duties of reviewing arrests, reviewing prosecutions, and accusing and proving crimes in accordance with the law. We will strengthen legal supervision over the protection of lawyers' rights to practice, and correct acts that impede lawyers from exercising their litigation rights according to law. Comprehensive use of protest, corrective opinions, procuratorial suggestions and other supervision means to timely correct the obvious improper conviction and sentencing, serious violations of the trial procedure and other issues. We will further strengthen legal supervision over the review of death penalty.
7. Strengthen the connection and cooperation between procuratorial organs and supervisory organs in handling cases. We will improve the working mechanism with smooth connection, authority and efficiency, and promote the connection of criminal justice and supervision and investigation procedures and evidence standards. We will implement the principle of mutual cooperation and restriction between the procuratorial organ and the supervisory organ in handling cases of duty crimes, improve the working mechanism for the supervisory organ to ask the procuratorial organ to send personnel to intervene in handling cases of duty crimes in advance, and improve the mechanism for the procuratorial organ to return for supplementary investigation and self supplementary investigation. Strengthen the connection and coordination, clue transfer and case handling cooperation between the relevant duty crimes committed by the procuratorial organs and the cases under the jurisdiction of the supervisory organs, and constantly enhance the joint force against corruption according to law.
8. Improve criminal execution and supervision of law enforcement. We will improve the working mechanism of combining the presence of procurators in prisons, detention centers and other places of supervision with itinerant inspection, strengthen supervision over community corrections and the implementation of property penalties, promote strict supervision according to law, and enhance the effectiveness of criminal reform. We will strengthen supervision over the execution of criminal punishments and compulsory medical treatment, and safeguard judicial authority. We will improve the synchronous supervision mechanism for the implementation of penalty changes, and effectively prevent and correct illegal commutation, parole, and temporary execution outside prison. Strengthen the construction of information networking with supervision places, and strengthen the supervision of cases of extended detention and abnormal deaths of detainees.
9. Accurately carry out civil litigation supervision. Taking the full implementation of the Civil Code as an opportunity, we will further strengthen civil procuratorial work, unblock judicial relief channels, strengthen supervision over prominent issues such as damage to social and public interests, procedural violations, and unfair judgments, and protect the legitimate rights and interests of citizens, legal persons, and other organizations in accordance with the law. We will improve the procuratorial organ's supervision mechanism for starting civil proceedings in accordance with the law, improve the mechanism for accepting and reviewing effective civil judgments and appeals, and improve the file access system. We will improve legal supervision methods such as protest and procuratorial advice, and strengthen the initiative, accuracy, and effectiveness of supervision. We will further promote the sharing of enforcement and supervision information, promote the resolution of difficult enforcement issues according to law, and strengthen supervision over illegal enforcement actions that harm national or public interests, seriously damage the legitimate rights and interests of parties, and cause significant social impact. We will strengthen cooperation between procuratorial organs, judicial organs, and public security organs, and improve the mechanism for preventing, detecting, and investigating false lawsuits.
10. Comprehensively deepen administrative procuratorial supervision. The procuratorial organ shall perform the legal supervision function over the administrative litigation activities according to law, promote the judicial organ to try according to law, promote the administrative organ to perform its duties according to law, and safeguard the legitimate rights and interests of the administrative counterpart; If it is found that an administrative organ illegally exercises or fails to exercise its functions and powers in performing its legal supervision duties, it may make and issue procuratorial suggestions in accordance with the law to urge it to correct; We carried out substantive resolution of administrative disputes in the performance of legal supervision duties, and promoted the settlement of cases.
11. Actively and steadily promote public interest litigation. We will establish a public interest litigation inspection and administrative law enforcement information sharing mechanism, and increase the capacity to handle public interest litigation cases in key areas such as ecological environment and resource protection, food and drug safety, state-owned property protection, state-owned land use right transfer, heroes' rights and interests protection, and minors' rights and interests protection. Actively and steadily expand the scope of public interest litigation cases, explore the handling of public interest damage cases in the fields of safe production, public health, women's and disabled people's rights and interests protection, personal information protection, cultural relics and cultural heritage protection, summarize practical experience, and improve relevant legislation.
12. Improve the trial supervision mechanism. Strengthen the supervision of the exercise of discretion in the trial work. We will improve the supervision mechanism for trial activities such as the people's court circuit courts and cross administrative district judicial institutions to ensure that legal supervision does not leave a blind spot.
13. Further improve the effectiveness of legal supervision. The procuratorial organs should strengthen the investigation and verification of supervision matters and carry out legal supervision accurately. If the procuratorial organ, according to law, accesses the files or other documents of the unit under supervision, interrogates the parties, outsiders or other relevant persons, and collects evidence materials, the units and individuals concerned shall assist and cooperate. If a rectification opinion or procuratorial suggestion is put forward to the relevant unit according to law, the relevant unit shall rectify and implement it in a timely manner and give a reply. If there is a different opinion, it may give a written explanation of the situation or propose a reconsideration within the specified time. For units and individuals that refuse to assist in investigation and accept supervision without justified reasons, the procuratorial organ may suggest the supervisory organ or the superior competent organ of the unit to deal with them according to laws and regulations. If the procuratorial organ finds any clue that a party member is suspected of violating the Party discipline or a public official is suspected of violating the law or committing a crime by taking advantage of his or her duties in legal supervision, it shall transfer the clue to the discipline inspection and supervision organ or the relevant party organization, appointment and removal organ and unit for handling in accordance with regulations and disciplines.
4、 Strengthen the construction of a competent procuratorial team and comprehensively implement the judicial responsibility system
14. Take a clear stand and put strengthening the political construction of the Party first. Strengthen the awareness of political organs, and constantly improve the procuratorial staff's political judgment, political understanding, and political execution. We will deepen education in the concept of socialist rule of law, and ensure that procurators are absolutely loyal, pure, and reliable. We will conscientiously carry out education and rectification of the procuratorial team and promote the solution of persistent maladies. We will strengthen the building of a clean and honest government in procuratorial organs, and strictly implement the spirit of the eight central regulations. We will improve the mechanism for restricting and supervising the operation of procuratorial power, and establish a sound risk prevention and control system for a clean government. Strengthen internal supervision, and strictly implement the provisions on recording, notification and accountability of leading cadres' intervention in judicial activities and handling of specific cases.
15. Strive to improve the professional quality of prosecutors. Focusing on the goal of specialized construction of procuratorial organs, we will comprehensively improve procuratorial personnel's professional knowledge, ability, style and spirit. In accordance with the requirements of the talent development plan for the political and legal teams, we will accelerate the implementation of the training plan for procuratorial leaders, improve the system of procuratorial experts, and deepen the construction of the procuratorial talent pool. We will improve the system of professional training for procurators, establish a system of training prosecutors in the same classroom as judges, the people's police, lawyers, etc., and unify the concept of law enforcement and justice and the standards for handling cases.
16. Deepen the comprehensive reform of the judicial responsibility system. We will improve the system of classified recruitment, management, and security of prosecutors, procuratorial auxiliary personnel, and judicial administrative personnel, unblock the career development channels for the three categories of procurators, and strictly control the employment of personnel outside the establishment. We will improve the mechanism for selecting and withdrawing prosecutors and its supporting policies. We will establish and improve the system for punishing prosecutors and protecting their rights and interests, and implement the protection mechanism for prosecutors to perform their statutory duties and the mechanism for clarifying false reports.
5、 Strengthening the organizational guarantee for the legal supervision of procuratorial organs
17. Adhere to and improve the Party's leadership over the legal supervision of procuratorial organs. Strictly implement the Regulations on the Judicial and Legal Work of the Communist Party of China. The Party Leadership Group of the Supreme People's Procuratorate should conscientiously fulfill its leadership responsibilities, implement the decisions and arrangements of the Party Central Committee, and report to the Party Central Committee, the General Secretary and the Political and Legal Commission of the Central Committee on major issues and major issues in the legal supervision work of procuratorial organs in accordance with regulations. The party groups of local procuratorial organs at all levels should strictly implement the system of asking for instructions and reporting work to the party committees at the same level and their political and legal committees. Party committees at all levels should regularly listen to reports on the work of procuratorial organs and study and solve major problems in the legal supervision work of procuratorial organs. The political and legal committees of the Party committees at all levels should guide, support and supervise the procuratorial organs to carry out their work within the scope of their duties as prescribed by the Constitution and laws. Adhere to the principle of the Party governing cadres, take the political standard as the first standard for selecting and appointing leading cadres, and select and strengthen the leading bodies of procuratorial organs at all levels. In accordance with the relevant regulations, the Party Leadership Group of the procuratorial organ at the higher level shall coordinate the management of the leading group of the procuratorial organ at the lower level. Implement the system of post avoidance and exchange of post rotation for members of the leading group of the procuratorial organ, and carry out exchanges between different places and departments for deputies who have served for a long time according to the actual situation.
18. Strengthen supervision and restriction on legal supervision of procuratorial organs. People's congresses at all levels and their standing committees should supervise and support procuratorial organs in performing their duties according to law by listening to and deliberating on procuratorial organs' work reports and special work reports, as well as conducting inspections, inquiries and inquiries on the implementation of laws, and investigations on specific issues. CPPCC committees at all levels should strengthen democratic supervision over procuratorial organs. Discipline inspection and supervision organs at all levels should strengthen the supervision of procurators' performance of duties, improve the mechanism for the connection between the investigation and disposal of procurators who violate disciplines and laws and the disciplinary system of prosecutors, and ensure that procuratorial power is exercised in accordance with the law. We will improve the system of people's supervisors and expand channels for the people to participate in and supervise the administration of justice in an orderly manner. The judicial organs, procuratorial organs and public security organs shall be responsible for the division of labor, cooperate with each other and restrict each other in accordance with the relevant provisions to ensure the accurate and effective implementation of the law.
19. Strengthen the support and guarantee for the legal supervision of procuratorial organs. Governments at all levels and their working departments should support procuratorial organs in carrying out legal supervision according to law. We will strengthen funding support for procuratorial organs to perform their duties and build equipment for handling cases. Strengthen the informatization and intelligent construction of procuratorial organs, use big data, blockchain and other technologies to promote the coordinated handling of cases by public security organs, procuratorial organs, judicial organs, judicial administrative organs and other cross departmental big data, realize the online circulation of case data and case handling information, and promote the standardized management of property involved in cases and the electronic sharing of evidence and case files. Adjust measures to local conditions, orderly promote the reform of unified management of property at the provincial level in procuratorates below the provincial level, and improve the public funds guarantee standards for municipal and county procuratorates. According to economic and social development and changes in the number of cases, to meet the needs of legal supervision of procuratorial organs, optimize the layout of staffing, strengthen dynamic management of staffing, and strengthen dynamic adjustment of staffing within provincial administrative divisions. We will improve the recruitment policy that conforms to the actual situation at the grass-roots level, and strengthen the basic construction of procuratorial organs at the grass-roots level. We will increase efforts to help and build grass-roots procuratorates in remote, underdeveloped and difficult areas. In accordance with the requirements of moving down the center of gravity and sinking the prosecution force, we will strengthen the standardization of case handling in grass-roots procuratorates, and comprehensively improve the ability and level of legal supervision in the new era.
