Work Report > Winter Holiday Social Practice Report

2012 winter vacation social practice summary

From January 15 to 26, 2019, I went to the Investigation and Supervision Division of the People's Procuratorate of the XX District of X× City to conduct internships. During the two-week internship, I learned about the functional division of labor and work procedures of the people's procuratorate, the coordination and cooperation between the people's procuratorate and the people's courts, public security organs, and the scope of work and main functions of the investigation and supervision department; learning and mastering the operation methods of the case-handling software and Use the skills, and use the software to assist in handling one case of suspected occupational embezzlement, one suspected of tempting, tolerating, introducing prostitution, and three cases of suspected theft; going to the detention center twice, compulsory drug rehabilitation station 1 There were 5 criminal suspects in the case of 4 cases, and 4 copies of interrogation transcripts were produced; and a large number of articles were written, involving more than 10 crimes.

Two weeks of apprenticeship, many books can not get the knowledge to enter the shackles, greatly enriching my understanding of the status quo of the XX city legal system, especially the status quo of the inspection work, seeing the whole leopard, the status quo of our country's legal system is also It can be inferred from this.

It should be said that books or stipulations can only tell us the highly abstract, common and decisive theorized and modeled facts, but it is impossible to give us a pair of eye-catching, pervasive, intricate The root cause of the direct problem of representation. And the existence of humanity and the role of human subjective initiative, so that the rules and regulations set by the law are full of flexibility in the operation, mechanically or "consistently", will also make a wrong judgment.

According to the textbook, each crime has four common elements: the object of crime, the objective aspect of crime, the subject of crime, and the subjective aspect of crime. The textbook does not tell us what the relationship between the four common elements of crime and the establishment of a crime is. With four common elements of crime, is the establishment of crime inevitable or contingent? In the consciousness of ordinary people, as long as there is enough circumstantial evidence to prove the existence of criminal facts, arresting and prosecuting trials is also a matter of ironclad. Can this be the case?

One of the cases I assisted in was that the ancient XX was suspected of tempting, tolerating, and introducing prostitution. In this case, although both the hacker and the prostitute have acknowledged the fact of prostitution, the small worker who helped to cook and clean in the store also pointed out the fact that the ancient XX had the possibility to stay and introduce prostitution, and the ancient XX crime plot was also in line with the arrest. Conditions, but the investigation and supervision department and the in charge of the procurator to discuss the decision made is not to approve the arrest. The reasons are as follows: 1. The hacker and the prostitute woman have issued a certificate of prostitution in the place where the ancient XX was suspected of staying and introducing prostitution. There is no logical causal link between the ancient XX and the person who is suspected of holding and introducing prostitution. Second, there is no evidence to be conclusive. Prove that the criminal suspect Gu Xx had a prior informed knowledge of the prostitution case seized by the public security organs and played an introduction role in it; Third, the specific use of hundreds of condoms blocked at the scene could not be verified; The ancient XX had the possibility to accommodate and introduce the criminal facts of prostitution, and also provided the public security organs with details of their crimes. However, these facts and their details, although not accomplices due to the confession of prostitutes, could not be adopted because of the lack of current. From the subjective viciousness of the suspect to the general feelings of the public, the prosecution agency should make an approval decision for arrest; but from the details of the evidence, from the fairness and justice of the law, the prosecution must arrest without approval. Announce the case.

Based on another theft and other files I have assisted in handling and interrogating the transcripts, I have to be surprised at the sheer number of juvenile crimes. The ×× district is the seat of the XX Provincial Committee of the Communist Party of China, the XX Municipal Party Committee and the XX Municipal People's Government. The eastern half of the district is the central business district of XX City, the central part of which is the city's efforts to create a living environment, while the western part belongs to the city. Urban and rural areas. Due to its wide population and fast flow, the district has always been one of the districts with the highest incidence rate in XX City. XX and XX have submitted more than 1,200 cases of arrests for two consecutive years, mainly because of the nature of “two robs and one thief”. Among them, juvenile individuals and gang crimes accounted for a large proportion. Careful investigation, these criminal teenagers are mostly non-local, unemployed or odd jobs, occasionally prostitution, age 17-22 years old, the youngest 15 years old, education is generally small or middle school, secondary school and high school rarely seen, male-dominated, Basically a first offense. By reviewing the file and the criminal suspects, I found that most of the suspects did not have a good parenting education environment, stepped into the society too early, could not find a place to set up a cone, and then took the risk and took the crime when they could not think of a survival method. first step. When I asked a 16-year-old disabled boy who was detained on suspicion of theft on January 26, I asked him about his intentions. He told me that on the day of the theft, the three of them were penniless and did not eat. They thought that they would steal something and sell it for a good return to their hometown. Otherwise, they would only fall to the streets. As for the rescue station dedicated to the unemployed people in urban life and the disability certificate designed to provide protection for the disabled, he has never heard of it. Within the iron fence, subject to the high pressure of unprecedented public power, I believe this is not a lie. It can be seen that the relevant state organs and corporate legal persons have really come to a time when they should consider the increasingly serious social problems of juvenile delinquency.

In addition, from the point of view of the program, the collective discussion system that the XX District People's Procuratorate examined and arrested was somewhat formalized. In other words, the right to decide whether or not to arrest or not is entirely in the hands of the Deputy Prosecutor. Taking an economic case as an example, the case organizer believes that the criminal suspect should be arrested. The collective investigation of the investigation and supervision department also believes that it should be arrested, but the deputy procurator-general held the opposite opinion and eventually did not arrest. Whether the system design of such a one-vote veto is reasonable, and the significance of maintaining judicial independence and judicial justice is indeed worth exploring.

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