Report of the procuratorate on the investigation and supervision

Director, deputy directors, members:

Now, I report to the Standing Committee of the National People's Congress on the investigation and supervision of the Municipal People's Procuratorate, and I will review it.

It is an important duty of the procuratorial organs to be enacted by the Constitution and the law for the legal supervision of the investigation activities of the investigation organs. This year, in accordance with the work deployment and requirements of the higher-level procuratorial organs, we have implemented the procuratorial function with the theme of “strengthening legal supervision and safeguarding fairness and justice”, actively carried out investigation and supervision, and safeguarded the uniform and correct implementation of the law. The relevant work situation is reported as follows:

I. The investigation and supervision work

Investigation supervision refers to the supervision of the procuratorial organ on the investigation activities of the investigation agency and whether the decisions made during the investigation are legal, including the supervision of whether the criminal investigation activities are legal and the supervision of the criminal casework. First, the focus is on preventing false accusations, missing and leaking complaints, and investigating cases. The cases of arrest and transfer of prosecutions are strictly related to facts, evidence, and applicable laws. The quality of the case. Since the beginning of this year, a total of 17 people have been arrested in accordance with the law, 6 people have been arrested, 6 people have been prosecuted, 4 have been prosecuted, 4 have been prosecuted, and 2 cases have been corrected for violations in investigation activities. The second is to correct the case. Focusing on sinful crimes, punishment and punishment, etc., strengthening the supervision of criminal cases, and accepting more than 10 clues for the supervision of the case, after examination, issued 4 copies of the "Notice on Reasons for Not Explaining the Case" to the investigating organ. After the notice, the case was investigated and 4 people were investigated. Through the investigation and supervision work, the lawful rights and interests of the parties have been guaranteed in accordance with the law, and the uniform and correct implementation of the law has been maintained.

In the work, the first is that the mind attaches great importance to it and earnestly assumes responsibility. We carefully organize the police officers to thoroughly study the spirit of the instructions of the higher-level procuratorial organs on strengthening legal supervision, and jointly carry out the educational activities of "strengthening legal supervision, safeguarding fairness and justice, and accelerating service development", educating police officers from the requirements of fair administration of justice and the responsibility of performing functions. Clearly investigating and supervising the work is an important duty assigned by the Constitution and the law to the procuratorial organs, and is a realistic need to safeguard social fairness and justice. It is a concrete manifestation of the procuratorial organ's implementation of the purpose of "inspecting for the public and law enforcement for the people", so that the police officers have firmly established the courage to The idea of ​​supervision and good supervision has further enhanced the sense of mission, professional responsibility and enthusiasm for doing a good job in investigation and supervision. The second is to cooperate with the supervision and establish a cooperation mechanism. In order to solve the practical problems encountered in the investigation and supervision work, it is necessary to strengthen the communication with the investigation organs, and formulate the "Procedures for Public Prosecutions to Guide Public Security Organs to Investigate and Collect Evidence", and guide the investigation and evidence collection by means of early intervention, invitation to the court, and suggestions for evidence collection. Increased the timeliness and pertinence of combating crime. Since the beginning of this year, a total of 27 intervention activities have been involved in advance, and more than 50 proposals for evidence collection have been proposed. The Measures for the Implementation of Diversion of Light Injury Cases have been formulated. The parties to the light injury case have voluntarily reached a mediation agreement on the civil compensation component, and the victims have made it clear. If the request is no longer pursued for criminal responsibility of the infringer, the trial will be conducted on the trial of non-penalization, and according to the circumstances of the case, the non-prosecution shall be made separately, and the investigation organ shall be proposed to be dismissed. At present, one case of minor injuries has been handled in a diverted manner, and the investigating authorities have handled the withdrawal of the case, ensuring the organic unification of the social and legal effects of handling the case. The third is to strictly control the law and ensure the quality of supervision. In the course of work, we always take the quality of the supervision and supervision cases as a systematic project, conscientiously implement the responsibility system for handling cases, give full play to the role of the procuratorial committee in decision-making, and achieve “four must-research”, namely: It is necessary to study the pursuit and prosecution; to arrest and prosecute the necessary research to change the nature of the investigation agency; to examine the facts and the amount of the change must be studied; the need to file a case to supervise and correct the violation must be studied. It guarantees that the case can be traced, established, v., and judged, and the supervision department can be convinced and stand the test of history. This year, after the prosecution of the pursuit, prosecution and additional omissions, the court made a guilty verdict; the case of supervising the case was filed, and one person was prosecuted and a guilty verdict was made.

Second, the main factors and existing problems that restrict the investigation and supervision work

Although the current law has clear provisions on the scope and content of investigation and supervision, there are still no operational norms in the legislative sense. The investigation and supervision work has laws and regulations, no program guarantee, and restricts investigation to a certain extent. Supervise the work.

Judging from the procuratorial organs themselves, first, the intensity of investigation and supervision is insufficient, and there is a phenomenon of “re-coordination and light restriction”. Second, there is no program for "early intervention" investigation activities. What kind of cases should be involved in advance, how to choose the opportunity to intervene in advance, and what duties and obligations should be assumed by the investigation agency and the supervisory authority, and there is no operability. Third, the main means of correcting illegal activities in investigation activities is to verbally or issue a written Notice of Correction of Violation, and there is no mandatory means given by law to guarantee that the supervision effect is not satisfactory.

From the perspective of the actual effect of supervision, there are also certain problems. First, the supervision is lagging behind, and the effectiveness of supervision opinions is difficult to guarantee. Since the supervisory authority does not grasp the case of the investigation, the case, the case, and the handling of the case, it can only review the materials submitted by the investigating agency in the examination and approval, review and prosecution, and the illegal activities of the investigation generally occur during the investigation. It is difficult to reflect in the case file. Even if the criminal suspects report to the procuratorial organ that there are illegal acts such as torture or inducement in the investigation process, in fact, most of them are difficult to check; the case supervision work is due to the investigation and withdrawal of the case. There is no legal understanding channel. The procuratorial organs can only find problems such as cases, guilty crimes, and punishment for punishment according to the reaction of the parties and the units and the public. However, it is more difficult to verify and determine the facts because of the situation. Can not be said to promptly supervise and correct according to law. Second, there are problems in individual departments and personnel that are unwilling to accept supervisory opinions. Although the law stipulates that the procuratorial organ has the right to supervise the investigation and the revocation of the case by the investigating organ, the investigating organ shall receive information on how to deal with the case that should be filed or should continue to be investigated for crimes. The law does not stipulate supporting measures, which to a certain extent Affect the effectiveness of supervision.

3. Thoughts and suggestions for improving and perfecting the investigation and supervision mechanism

Supervise whether the investigation activities are carried out in accordance with the provisions of the Criminal Procedure Law, correct illegal acts, prevent shackles, falsees, mistakes, and leaks, ensure accurate and timely identification of criminal facts, correctly apply the law, and maintain the uniform and correct implementation of the law, which is the investigation and supervision work. The main task. Adopting a form of supervision that is compatible with the supervisory task is the key to ensuring the realization of the purpose of supervision.

1. Unify thinking and understanding, increase efforts, and do a good job in investigation and supervision. With the theme of "strengthening supervision and impartial law enforcement", we must earnestly grasp the ideological education of the police officers and effectively put the investigation and supervision work at an important position. Adhere to both crime prevention and protection of human rights. In the examination and approval of investigations and prosecutions, we must pay attention to collecting and examining evidence of guilty and sinful crimes. We should resolutely pursue and prosecute according to law, if we should arrest but not arrest, should be prosecuted but not prosecuted. To prevent weak blows. At the same time, it is necessary to pay attention to collecting and reviewing evidence of innocence and sin. If the conditions for statutory arrest and prosecution are not met, the law will not arrest or prosecute, and prevent innocence and innocence. Where a case should be filed without filing a case, and no case should be filed, the case shall be supervised and corrected according to law, and the uniform and correct implementation of the law shall be maintained.

2. The principle of mutual cooperation shall be integrated into the investigation and supervision work, and the post-supervision supervision shall be transferred to the supervision. We will conscientiously implement the principle of division of labor responsibility and mutual cooperation, stress the methods and methods of work, prevent and correct the wrong tendency of only emphasizing supervision and neglecting cooperation, and do the principle of cooperation without fail, and not only hurt the feelings, but also strictly perform the supervision function according to law. Accept the opinions and suggestions of the supervised units humbly, improve the supervision ability, enhance the effectiveness of supervision, and promote judicial justice. In particular, under the premise that the investigation and supervision program is not perfect, strengthen the exploration and research, solicit more opinions from relevant departments, and do some useful attempts to improve the investigation and supervision program, and properly solve the practical problems encountered in the work. For example, establish a unified criminal evidence rule that conforms to the law and characteristics of criminal proceedings, solve the problem of inconsistency in evidence requirements, and improve the efficiency of litigation; and formulate an investigation system for the investigation, resolution, and filing and dismissal of major difficult cases by investigative organs and procuratorial organs. Ensure that the procuratorial organ dispatches personnel to participate in investigation activities in a timely manner, do a good job in collecting and fixing evidence, and improve the timeliness and pertinence of investigation supervision.

3. Conscientiously accept the leadership of the party committee and the legal supervision of the people's congress, and constantly regulate the law enforcement behavior. To firmly establish a legal supervision organ, we must first consciously accept the concept of party committee leadership and the supervision of the people's congress. By promptly reporting to the Municipal People's Congress on the investigation and supervision work, and inviting deputies to inspect the work, we will take the initiative to accept the supervision of the people's congress and actively seek the support of the NPC. The actual problems encountered in the work ensure that the investigation and supervision work is carried out in accordance with the law.

Director, deputy directors, and members, next step, we are determined to study and implement ten under the leadership of the Municipal Party Committee and the higher-level procuratorial organs, under the supervision of the Municipal People's Congress and its Standing Committee, and with the support of the municipal government, the CPPCC and all walks of life. The six spirits and the three represent important ideas, invigorate the spirit, intensify measures, and work in a solid manner, continue to carry out investigation and supervision work in depth, and make active efforts to maintain the unified implementation of the law.