Published on the front page of the 10420 issue of Procuratorial Daily

Accurately solve the problem and find a new way to deal with misdemeanors

The "two pilot projects" of Shandong procuratorial organs for misdemeanors governance have achieved remarkable results

The "one-stop" law enforcement and case handling management center of Jimo District, Qingdao, Shandong Province, is located at No. 26 Huiji Street, Jimo District, where the District Public Security Branch, District Procuratorate and District Court have all set up offices. This physical distance has also brought about changes in the quality and efficiency of handling cases.

At 8:30 a.m. on December 7, Jimo District Court began to focus on a number of dangerous driving cases. It is reported that there were 12 dangerous driving cases in total. It took only 4 days from the time the public security organ transferred the case to the procuratorial organ for review and prosecution to the time the court applied the expedited adjudication procedure to conclude the case on December 7, and the 12 defendants had no objection to the criminal facts, charges and sentencing suggestions charged by the procuratorial organ.

Behind the high-quality and efficient handling of cases is the active exploration and practice of Shandong procuratorial organs in handling misdemeanor cases. "Under the guidance of Xi Jinping's thoughts on the rule of law and Xi Jinping's cultural thoughts, we explore a 'one-stop' litigation model in procedure, apply the criminal procuratorial case handling mechanism of 'peace is the most important thing' in substance, give consideration to both crime and governance, and handle each case with high quality and efficiency." Jiang Wanyun, member of the Party Leadership Group and Deputy Procurator General of the Shandong Provincial Procuratorate, said.

Simple case handling and quick handling, "one-stop" litigation mode to improve the quality and efficiency of handling cases

Practice is the best way to solve problems.

At the beginning of 2022, after sorting out the criminal cases handled since 2019, Qingdao Jimo District Procuratorate found that the proportion of misdemeanors cases continued to rise, and 88.9% of cases were sentenced to fixed-term imprisonment of less than three years. However, under the new situation of "one felony, nine misdemeanors", the efficiency of handling cases is not high.

"The original mechanism of random rotation of cases by prosecutors regardless of the severity of cases has certain limitations. In addition to the complexity of the above document and the cumbersome procedures, the time limit for handling misdemeanor cases is too long, the completion rate is not high, and the situation of 'small cases are not simple' and 'simple cases are not quick' is prominent." Yu Zhongjun, the chief procurator of the Jimo District Procuratorate of Qingdao, introduced.

What should I do? In 2019, General Secretary Xi Jinping put forward the requirement of "promoting the separation of complex and simple cases, the separation of light and heavy cases, and the separation of speed and speed" at the Central Political and Legal Work Conference. Along this line of thinking, the Qingdao Jimo District Procuratorate has formulated a set of reform plans: "within the procuratorial organs, we have reformed the case rotation mechanism, and issued the" Operation Guidelines for the Four level Case Handling Model of Diversion of Simplicity and Complexity "to comprehensively consider the charges involved in the case, the degree of difficulty, and the professional ability of prosecutors, so as to accurately allocate cases. At the same time, we will reform simple case documents, promote the deletion and consolidation of documents, and achieve internal burden reduction and speed up. Externally, we take the lead in building a "one-stop" law enforcement and case handling management center, and the public security, procuratorial and law enforcement teams "enter the station" to reduce the space and time costs brought about by the circulation of case procedures and the conversion of coercive measures. " Yu Zhongjun said.

The results of the reform were quickly reflected in the case handling data: the average time for the trial and conclusion of cases by the Jimo District Procuratorate of Qingdao City was reduced from 71 days to 26 days, realizing the goal of quick handling of simple cases and matching people with cases.

Not only Jimo District Procuratorate of Qingdao, but also many grassroots procuratorates in Shandong, such as Donggang District Procuratorate of Rizhao City, are actively exploring a new "one-stop" mode to speed up the handling of misdemeanor cases in order to adapt to the new situation of the rising proportion of misdemeanor cases. The exploration of grass-roots procuratorates has received the attention and guidance of Shandong Provincial Procuratorate. At the beginning of this year, the Party Leadership Group of the Shandong Provincial Procuratorate decided to deploy the "one-stop" litigation model pilot for misdemeanor cases in the procuratorial organs of the province. In addition to setting up centralized case handling venues, more and more good experience has been put into practice by grassroots procuratorates.

Establish a professional case handling team. For example, the Feicheng Procuratorate and the Dongchangfu District Procuratorate of Liaocheng City have set up professional case handling teams composed of post prosecutors and procurator assistants or clerks.

Build a smart case handling system. The three units of the public security, procuratorial and judicial departments in Donggang District of Rizhao City interact with each other to transfer cases through the political and legal cooperation platform, so as to realize the independent operation and smooth circulation of case handling data. At the same time, the "one-stop" case handling center is connected to the national procuratorial business application system, focusing on the sentencing basis of common crimes, strengthening the communication between the procuratorate and the judiciary, unifying the scale, and building a "yardstick" for accurate sentencing.

…………

Quick handling of simple cases has improved efficiency, but some people worry whether the pursuit of speed will affect the quality of cases? "The premise of handling simple cases quickly is that the cases should be handled well, and the standards of evidence review should not be relaxed in order to be 'fast'. We always require prosecutors to tighten the string of 'strictly abiding by the law' in handling cases." Jiang Wanyun stressed.

Both mind and matter, Exploring "restorative" justice

High quality and efficiency have been achieved in case handling procedures, and Shandong procuratorial organs have been constantly thinking about how to achieve case closure and maintain social stability.

General Secretary Xi Jinping stressed that we should adhere to and develop the "Maple Bridge Experience" of the new era, adhere to the Party's mass line, correctly handle contradictions among the people, rely on the people, and solve problems at the grass-roots level and in the bud. In Jiang Wanyun's view, misdemeanor cases often occur around the masses, and most of them are "small cases" caused by family, neighborhood and other civil conflicts and disputes, which are essentially "contradictions among the people". "The procuratorial organs help solve the contradictions of the parties and eliminate the potential risks of social governance by actively performing their duties in accordance with the law in handling cases, which is the requirement of practicing the" Maple Bridge Experience "of the new era, and also the concrete embodiment of the justice for the people," said Jiang Wanyun.

In line with this goal, at the beginning of this year, the Shandong Provincial Procuratorate, while carrying out the "one-stop" litigation model pilot, also carried out the pilot of the criminal procuratorial case handling mechanism of "peace is the most important", aiming to explore and build a misdemeanor case handling mechanism that integrates the excellent traditional Chinese culture and modern judicial concepts. After more than a year of practice, a series of misdemeanor cases have been closed.

The case of Huang Mouguo's intentional injury handled by the Procuratorate of Yishui County is a typical case. Huang Mouqing and Huang Mouqing are brothers. On February 18 this year, Huang Mouguo, his younger brother, had an argument with Huang Mouqing's wife. In the dispute, Huang Mouguo beat Huang Mouqing, his older brother, to the second degree of minor injury and his sister-in-law to the first degree of minor injury.

After the case was transferred to the procuratorate of Yishui County, the procuratorial organ did not "catch it all". The case handling prosecutor learned from visiting village cadres and villagers that the cause of the case was that his brother's mother fell down and was injured while taking care of his mother many years ago, which made his brother resentful. Later, the conflict between the two brothers deepened due to the problem of inheritance distribution.

"Huang Mouqing has always loved his younger brother very much. They have deep feelings and are willing to reconcile. In rural areas, it is rare for family conflicts to rise to criminal cases. If the accumulated grievances cannot be resolved, it may lead to greater social risks. After comprehensive analysis and judgment, the prosecutor handling the case believes that the case has the necessity and possibility of criminal reconciliation." Lu Tongfu, director of the First Procuratorial Department of the Shandong Provincial Procuratorate, introduced to reporters that the prosecutor handling the case had repeatedly explained to Huang Mouguo the system of leniency for pleading guilty, making him aware of his own mistakes and the crux of the problem. At the same time, he had repeatedly communicated with the victims and their children, and invited village cadres and "Yimeng heroes" to have a discussion with the victims' children to explain things thoroughly, explain the contradictions and explain the truth. In the end, Huang Mouguo sincerely confessed his guilt and apologized to his brother and sister-in-law, who also decided to forgive his brother and not ask for compensation, and the family relationship was restored. In May this year, the court sentenced Huang to one year and six months of state imprisonment and two years of probation for intentional injury.

This is a microcosm of the effectiveness of the criminal procuratorial case handling mechanism of "reconciliation is the most important". During the pilot work, the procuratorial organ of Shandong Province took the initiative to jump out of the traditional thinking mode of "handling cases on the basis of cases" and "discussing matters on the basis of facts", thoroughly understood the contradictions of the parties to the cases, actively used the strength of people's mediators, lawyers, deputies to the National People's Congress, CPPCC members and other forces, and used mechanisms and measures such as docking between procuratorial and mediation, open hearings, interpretation and reasoning to promote the substantive resolution of conflicts and disputes, Help all parties to "solve problems" and "transform their minds".

Strengthen the transformation and application of achievements to achieve the best effect of misdemeanor management

On December 7, the "two pilot" work site meeting of Shandong procuratorial organs on misdemeanor management was held in Qingdao. Representatives of the pilot procuratorates gathered together to talk about experience and seek development, and strive to do a better job in the "two pilot" work of misdemeanor governance.

Chen Weidong, a professor from the Law School of Renmin University of China who participated in the whole process of the on-site meeting, "two pilot projects" for misdemeanor governance The work was affirmed: "The 'one-stop' litigation mode optimized the misdemeanor case handling mechanism, workflow and staffing, realized the specialized, rapid and refined misdemeanor handling, and unblocked the 'fast lane' for misdemeanor handling, which not only enabled the parties to experience the convenience of litigation, reduce litigation fatigue, but also enabled the results of fairness and justice to be achieved in a better and faster way. The criminal procuratorial case handling mechanism of "reconciliation is the most important thing" corrects the deviation of the previous handling of misdemeanor cases in which the emphasis is placed on cracking down rather than on prevention, and the emphasis is placed on punishment rather than on security, and demonstrates the humanistic care of procuratorial organs. "

Chen Weidong said that Shandong procuratorial organs should encourage and promote the innovative implementation of the "two pilot" work of misdemeanor governance, which is not only the implementation of the current criminal policy of tempering justice with mercy, but also conforms to the procedures and laws of litigation. However, he also reminded that when using the "one-stop" litigation model, the public security organs, procuratorates and the law are not jointly handling cases. All units should exercise their own legal functions. No matter how simplified the case procedure is, the standard of conviction cannot be changed, and the rights of the parties cannot be reduced.

Chen Weidong's focus is also an issue that the procuratorial organ of Shandong Province emphasized in the pilot work. "Although the 'one-stop' litigation mode brings together the litigation functions of the public security organs, the public security organs and the law, it is essentially the independent exercise of each organ to reflect their own litigation value." Jiang Wanyun said that the "two pilot projects" of misdemeanor governance must be carried out in accordance with the law, and under no circumstances can the law be broken.

At the on-site meeting, the Shandong Provincial Procuratorate also issued the "two pilot" work guidelines, as well as the typical case of "peace is the most important".

The wind of the journey is strong, and the great task is to set sail again. Jiang Wanyun said that the procuratorial organ of Shandong Province will further do a good job in the "two pilot projects" of misdemeanor governance, strengthen the transformation and application of the pilot results, and promote the modernization of misdemeanor governance.