The "three skills" are rich in connotation and far-reaching in significance. Specifically, we can explore its internal mechanism from three levels, consciously follow up on learning, understanding and action, actively use its armed mind, guide practice and respond to needs, and strive to handle each case with high quality and efficiency.
"Three Skills": Revealing the Objective Law and Essential Requirements of Judicial Case Handling
Li Huai
As a scientific system, "Three Good Skills" originates from and serves the purpose of "handling every case well with high quality and efficiency", with which to build theoretical logic, shape target orientation and evaluate case handling effect. At the theoretical level, it is necessary to further strengthen the ability of speculation, accurately grasp the practical requirements of the "three skills", promote the academic expression, systematic construction and effective operation of the "three skills", externalize its internal core requirements into specific action guidelines, and better support and serve the "high-quality and efficient handling of every case".
Ying Yong, the Procurator General of the Supreme People's Procuratorate, emphasized that he was good at accurately grasping the substantive legal relationship from the complicated legal facts, deeply comprehending the spirit of the rule of law from the specific legal provisions, and being good at achieving fairness and justice in the organic unity of legal principles and conditions when teaching the first adjustment classes of the National Procuratorate College in the spring semester of 2024 The important embodiment of. "Three excellences" correspond to accurate identification of facts, correct application of laws, and striving for the best results. They are the solutions to the problems of case handling and mechanical justice in practice, build an effective operational cornerstone for the "high-quality and efficient handling of every case", and further facilitate the realization of "making people feel fair and just in every judicial case" Path channel for goal pursuit. The "three skills" are rich in connotation and far-reaching in significance. Specifically, we can explore its internal mechanism from three levels, consciously follow up on learning, understanding and action, actively use its armed mind, guide practice and respond to needs, and strive to handle each case with high quality and efficiency.
The relationship between "three skills" and "handling each case with high quality and efficiency"
"High quality and efficient handling of every case" is the basic value pursuit of procuratorial work in the new era and new journey. The key is to implement the principled and basic requirements of General Secretary Xi Jinping on judicial justice, and the fundamental is to implement Xi Jinping's idea of the rule of law. On the whole, we can focus on the dialectical relationship between "three good at" and "handling each case with high quality and efficiency" from three aspects.
First of all, "three good at" originates from "handling each case well with high quality and efficiency", with which theoretical logic is constructed. The "three adepts" completely take on the core meaning of "handling each case well with high quality and efficiency", and answer the basic idea of how to achieve fairness in entity, procedure and effect. It is a new development of the prosecutorial practice methodology. The two reflect the unity of theory and practice, abstract and concrete argumentation.
Secondly, the "three skills" serve "every case with high quality and efficiency" and shape the target orientation with them. The quality, efficiency and effect of procuratorial performance are unified in fairness and justice, and cannot be separated from the standardized application of "three good at". Accurate grasp of the substantive legal relationship and understanding of the spirit of the rule of law in legal provisions are the basis and premise of "high-quality and efficient handling of each case". The "three adepts" also take promoting the quality and efficiency of case handling and achieving fairness and justice as the mission of responsibility, and are the specific means of serving the overall situation, serving the people's justice and the rule of law.
Finally, the "three adepts" are based on "handling each case with high quality and efficiency" to evaluate the effect of handling cases. In order to achieve the organic unity of the "three effects" and make the people feel, feel, and feel fairness and justice, the procuratorial case handling results must coordinate the laws and human feelings of Tianli and the country, which is also an important test standard to measure whether the case is handled well with high quality and efficiency on the whole.
Three layers of meaning of "three good at"
The first level: Be good at accurately grasping the substantive legal relationship from the complicated legal facts. This emphasizes the clarification of the main points of contention and the necessity of "based on facts", aiming at solving the basic facts in the case. The "facts" here are legal facts, the basis for handling cases, can cause the emergence, change or elimination of legal relations, and are "objective" facts with legal effect that comply with legal provisions, are proved by evidence, and are confirmed by the person handling the case in accordance with legal procedures. The legal facts in the case should be subject to legal evaluation, and be defined based on objective evidence and subjective knowledge, which reflects the organic unity of objectivity, subjectivity and legality. Objective facts are the basis of legal facts. Legal facts are the reflection of objective facts and are aimed at finding, pursuing, being close to or fitting in with objective facts and objective truth, but they are not completely equivalent to natural objective facts and objective truth. They belong to presumed facts or legal fiction. Legal facts are the logical starting point of the supervision of case handling activities, are specific acts or events that have occurred in practice, and may be a combination of one or more facts, including substantive facts and procedural facts. The legal facts may not be consistent with the objective facts due to the deviation of the subjective understanding of the case handlers. Especially in some complex cases, there may be a variety of legal relationships, mixed evidence of guilt and innocence, and lack of sufficient evidence to prove key facts. Only by adhering to the evidence as the support, the fact as the basis, and the law as the criterion, identifying the basic case and key issues from the complex legal facts, combing the development context of the case and the basic legal relations, conducting a comprehensive review of the related legal relations, and seeing the essence through the phenomenon, can we accurately grasp the substantive legal relations contained therein, Grasp the main contradictions and the main aspects of contradictions in the case, define the applicable laws, accurately locate the legal provisions, solve the substantive legal problems, and maintain the peace and stability of the legal order.
The second level: be good at understanding the spirit of rule of law from specific legal provisions. This emphasizes the comprehensive understanding and standardized application of "taking the law as the criterion", aiming at solving the complicated problems of law application in cases. "Law" includes not only the visible written laws, but also the spirit of rule of law. The spirit of the rule of law is the soul of the rule of law, leading the generation and implementation of legal provisions, which highlight the value of the spirit of the rule of law. The spirit of the rule of law contains multiple value elements such as fairness, justice, democracy, freedom, human rights, order, security, etc. It reflects people's thinking, awareness, concepts, values, emotions, beliefs and excellent traditional culture about the rule of law, and is a kind of value of the rule of law that respects the authority of the Constitution and law. The spirit of the rule of law is also specific and practical, with different fields and priorities. In the judicial field, "striving to make the people feel fair and just in every judicial case" is a vivid manifestation of the spirit of the rule of law. Its core element is fairness and justice, highlighting the protection of the legitimate rights and interests of the people and substantive resolution of conflicts and disputes. As a political organ under the absolute leadership of the Party, a national legal supervision organ and a judicial organ, the procuratorial organ is an important implementer, supervisor and promoter of the rule of law. It is necessary to standardize the operation of procuratorial power, actively cultivate and promote professional rationality, technical rationality, life rationality and public rationality, and maintain justice, safeguard human rights and promote the rule of law in a rational spirit. The judicial activity of law enforcement is a process of applying the law, which cannot be separated from the interpretation of legal provisions. In pursuit of fairness and justice in individual cases, first of all, we should handle cases in accordance with legal provisions, interpret and apply the law from the perspective of legal provisions. We should not talk about the spirit of rule of law in isolation from tangible legal provisions, or interpret beyond the range of legal texts, nor deviate from the predictability and expectability of the people. At the same time, it is also not allowed to focus on the surface of the legal text, make mechanical understanding, one-sided understanding, and simply handle cases according to the legal provisions. Whether it conforms to the spirit of the rule of law depends on whether the handling of cases is people centered. Based on the overall situation of development and the background of the times, case handlers should proceed from upholding and strengthening the leadership of the Party and meeting the people's higher expectations of fairness and justice to handle cases, break the stereotype of thinking and work inertia, avoid mechanical justice, look at the law in isolation, read the rules according to the book, and avoid taking the law out of context without considering the original intention and purpose of the legislation, Narrow interpretation.
The third level: be good at achieving fairness and justice in the organic unity of legal principles and feelings. This emphasizes dialectical analysis and the realization of "justice as the goal". "Achieving fairness and justice in the organic unity of legal principles and feelings" is the expression of the rule of law with distinctive Chinese characteristics, a positive response to the growing demand of the people for the rule of law, and an important way to enhance judicial credibility. General Secretary Xi Jinping profoundly pointed out that "laws are not cold provisions, but there are feelings and righteousness behind them. We should adhere to the principle of taking law as the basis, convincing people with reason, and moving people with emotion. We should not only explain the 'legal principle' with justice and rhetoric, but also explain the 'reason' with good guidance, and understand the 'reason' with empathy, so that the parties can win or lose both clearly and convincingly." General Secretary Xi Jinping's important instructions, It integrates the excellent traditional Chinese legal culture with the needs of contemporary Chinese legal practice, and provides clear guidance and fundamental compliance for the procuratorial organs to supervise and handle cases from the perspective of the organic unity of legal theory and emotion. In order to achieve the organic unity of political, legal and social effects and ensure that the people can feel, feel, and feel fairness and justice from the effect of procuratorial performance, it is necessary to integrate the pluralistic judicial values of justice, national law, and human feelings, correctly exercise procuratorial discretion, and seek the "greatest common denominator" of fairness and justice within the legal framework, This is also a high standard and strict requirement for fair justice in the new era and new journey. The law is the written law norm and interpretation of the law formulated by the state. Strict and fair law enforcement and justice correspond to the realization of legal effect, which is the basic requirement; Rationality is a value concept, including legal principles, principles, theorems, axioms, etc., which reflects values, overall interests, such as socialist core values, people's concepts of fairness and justice, etc. Handling cases in line with heavenly principles corresponds to achieving political effects, which is the bottom line requirement; Emotion is human nature and public sentiment, which reflects social sentiment, public opinion and public legal awareness, rather than individual likes and dislikes, such as public order and good customs. Handling cases in line with human sentiment corresponds to achieving social effects, which is an internal requirement. The legal reason and feeling itself have internal consistency. The national law is the national will that integrates the natural justice and human feelings. The prosecutors use the national law to "produce" products of rule of law and justice; Tianli and human feelings mark the value pursuit of the national law. Prosecutors use Tianli and human feelings to "test" the rule of law and judicial products. Under specific circumstances, combining the principle, spirit and purpose of the rule of law, they jointly make up for legal loopholes, ensure the substantive fairness of the handling results, and finally launch legal, reasonable and reasonable rule of law and judicial products. Law is not a machine, and the rule of law is not the rule of mechanical rules, but the rule of humanity and the rule of conscience. Judicature is the work of being a man. If we blindly handle cases mechanically, mechanically, or even arbitrarily, only from the legal perspective, only according to the legal provisions, "take the right seat", treat legal principles and feelings separately, and do not fully grasp the nature and potential impact of the case, it will only lead to the parties' distrust, the people's dissatisfaction, and new contradictions and disputes. Some cases occurred in practice, although in the form of preliminary case handling in line with the regulations, the results can not be accepted by the public, because the case handling ignored the common sense of human beings and the common sense of the world. On the surface, this is a failure to balance reason and emotion in handling cases. In fact, it is a failure to grasp the basis of law properly and to exercise strict and fair justice. It is nothing more than a test of reason and emotion to find out the problems in the application of law. Justice should not only untie the knot of law, but also the knot of heart. "A legal document may give justice to the parties, but it may not be able to untie the 'heart knot' of the parties. If the 'heart knot' is not untied, the case will not be really completed." Therefore, the procuratorial organ must not only stick to the bottom line of "not breaking the law" in the form of supervision and handling of cases, but also consciously establish a "holistic view", comprehensively consider political requirements, social expectations The spirit of law and professional ethics integrate the professional judgment of law with the simple feelings of the people, adhere to the adaptation of crime, responsibility and punishment, and the unity of legal principles and circumstances. It not only clarifies the legal principles, demonstrates the rationality of justice with rigorous legal principles, but also clarifies the reason, explains the reason, and demonstrates the judicial conscience with recognized reasons and circumstances, so as to achieve the best effect of case handling, Let the people really feel the justice and temperature of justice.
The overall grasp of "three good at"
As a scientific system, "three good at" fully implement the position, viewpoint and method of Xi Jinping's rule of law thought and reveal the objective law and essential requirements of judicial case handling, which need to be understood comprehensively and systematically. On the one hand, as an ideological concept, it guides prosecutors how to look at and do, expanding the practical scope of substantive rule of law; On the other hand, as a behavioral requirement, it clarifies what prosecutors should do and to what extent, and optimizes the path support for maintaining justice. The "three adepts" are intrinsically related to each other. They are not only progressive and interlinked, but also confirmed and inseparable. They are an organic unity. Among them, grasping the substantive legal relationship is the basis, understanding the spirit of the rule of law is the key, and overall planning of legal reasoning is the goal. The three together constitute a closed loop system, and work together to achieve the results of fairness and justice. Next, we need to further strengthen our thinking ability, accurately grasp the practical requirements of the "three good skills", promote the scientific expression, systematic construction and effective operation of the "three good skills", externalize its internal core requirements into specific action guidelines, and better support and serve the "high-quality and efficient handling of every case".
(Author's unit: Procuratorial Theory Research Institute of the Supreme People's Procuratorate)
