Network Center Application Materials

In the grassroots procuratorate of less than 100 people, there are few people with wide ideas, good at innovation, courage to explore, and dare to practice. The work has achieved remarkable results. In particular, civil administrative prosecutorial supervision, they clarify the value orientation of their work: safeguard the legitimate rights and interests of the parties, safeguard judicial justice, fairness and justice, and actively innovate, and take the lead in the establishment of the "Civil Administrative Legal Information Network Center." After the orderly operation improvement in recent years, the current working mechanism has become more mature, and it has become a precedent for civil administrative prosecutorial supervision.

Argument: The Necessity of Establishing the Center of Civil Administrative Law Supervision Information Network

With the deepening of reform and opening up and the gradual establishment of the socialist market economic system, it has brought about the rapid development and prosperity of China's economic construction. The scope of civil and commercial law adjustment has become larger and larger, and the public law is becoming more and more high. Commercial trials have also become more active, and the number of civil and commercial cases has gradually surpassed that of criminal cases, accounting for more than 90% of all cases received and closed. The development trend of the trial work of the people's courts has caused the procuratorial organs to pay attention to the legal supervision of civil and commercial trials. The 16th National Congress of the Communist Party of China also proposed to maintain judicial justice and the goal of building a harmonious society in the Fourth Plenary Session of the Sixth Central Committee. The construction of a new socialist countryside to date has made the Civil Procedure Law play an increasingly important role in daily life. However, many problems in reality essentially reflect the deep-seated problems in the procuratorial supervision work, such as the lack of supervision, insufficient strength, and lack of awareness of services.

Faced with such a situation, based on the understanding of the work of the People's Bank of China, the party group of the Xinye County Procuratorate changed its working ideas and realized that it should become passive and wait for active service. It must broaden the channels of supervision, be close to the people, facilitate the people and the people, and enforce the law for the people. Strengthen the civil administrative legal supervision function, find the right entry point to start from the basics, and take the popular line. According to the actual practice of civil administrative prosecutorial supervision over the years, it is the primary task of the procuratorate to serve the grassroots, serve the people, and serve the farmers. The so-called starting from the foundation is to broaden the channels of supervision and effectively integrate The society supervises resources, perfects the supervision mechanism, promotes the further standardization and socialization of civil administrative legal supervision, further enhances the flesh-and-blood relationship with the people, and truly does things for the people and does good things. To achieve this goal, it is difficult to rely solely on the power of the procuratorate and supervision department of the People's Bank of China. We must mobilize and absorb the forces of the whole society to participate. This requires a specialized service organization, which uses the agency to closely link the procuratorate with the broad masses of the people.

Based on this thinking, the members of the leadership team proposed the establishment of a civil administrative legal supervision information network center. At the meeting of the party group meeting, it was immediately agreed by all members of the party group. After investigation and research, determine the plan; solicit opinions, communicate and coordinate; improve and improve, actively implement the three stages, set up the civil administrative legal supervision information network center, and locate the information network center under the leadership of the chief procurator, Offices for handling civil administrative protest cases, handling public interest litigation cases, and investigating criminal cases such as trial criminals. Its mission is to create a multi-channel multi-layered supervisory information network by leveraging the integrity and self-contained focal point organization, the structural advantages and functional advantages of the smooth communication channels, and the role of the liaison personnel in familiarizing themselves with the legal resources. Extend the tentacles of supervision to all corners of the society, so that the people of the people can understand the procuratorial work of the people, understand the functions of the people's procuratorate, and better protect their legitimate rights and interests and public interests. Strengthen the procuratorial work of the people's banks through regular argumentation meetings, symposiums, and reporting to the National People's Congress, and give full play to the civil administrative legal supervision function.

Established: The specific practice of establishing a civil administrative legal supervision information network center

In August XX, the Xinye Procuratorate established the Civil Administration Legal Supervision Information Network Center, and set up the office in the Minhang Section, in the county people's congress and the township people's congresses, the county CPPCC, the county discipline inspection commission, the county political and legal committee, the county comprehensive management office and each The township comprehensive management office, the county petition office and the township petition office, the county judicial bureau and the township legal service offices, legal aid centers, and various law firms set up 18 liaison offices and 8 reporting points, and hired consultants from the above units. 29 names and liaisons, set up network points, convenient services. The civil administrative law supervision work will be combined with the community to the greatest extent, and open up a wide range of supervision channels. In the past three years, our school has organized a series of activities with the information network center as a carrier, which has given new vitality to the civil administrative procuratorial work, effectively integrated social supervision resources, enriched the case clues, and effectively solved some people's reactions. Outstanding problems in strong law enforcement activities. Strengthened the construction of its own team and promoted the healthy development of the procuratorate supervision work of the people. From the perspective of operation, the civil administrative legal supervision information network center is in line with the current census work of the Xinye County People's Procuratorate, and the information network center has a broad space for development.

The specific practices of this information network center are:

a) Using the network center to integrate social supervision resources and enhance the vitality of the people's work

In the past, the People’s Bank of China could be said to be fighting alone. In addition to a small number of case clues transferred by the control and application departments, the people waited in the office every day to wait for letters, visit complaints, and obtain valuable clues. The work of the People’s Bank of China is in a situation of waiting for the pot and looking at the sky, resulting in a lack of supervision and insufficient supervision. The people of the people do not understand the legal supervision function of the procuratorial organs, which prevents the people’s supervision from meeting the people’s litigation and rights protection. need. After the establishment of the Information Network Center, we incorporated the liaison offices, reporting points and liaison officers of the Center into the field of vision, effectively integrated social supervision resources, and expanded the source of case clues:

1. Set up liaison offices in the Judicial Bureau and the township legal service offices, letters and visits bureaus, and township petition offices, law firms, legal aid centers, people's congresses, and township people's congresses.

Report points to give full play to the functional advantages of these departments. Because the functions of these departments are to provide services, mediation disputes or agency litigation for the grassroots, this system has been widely trusted and recognized by the people after long-term operation.

2. Integrate supervisory resources by leveraging the talent resources of the liaison offices and reporting points. Most of the employees in these departments are legal service providers or lawyers. They are important participants in civil administrative litigation. They have certain legal business qualifications and practical experience. They have strong ability to distinguish between right and wrong, find judgments, and make decisions. Unite them and give full play to their talent resources and use them for the supervision of the people.

3. Make use of the characteristics of the complete and self-contained system of each liaison office and reporting point to give full play to the structural advantages of their information channels. Each functional department of the liaison office and the reporting point has its own institutions, and many of the subordinate organizations have more links with the most basic units-village committees, extending at different levels to form a dendritic information transmission channel, and the structural advantages are obvious. .

Through the information center, social supervision resources will be integrated from the three aspects of function, manpower and structure to make the supervision of the Bank of China socialized. In the past three years, a total of 332 civil administrative judgments and rulings of appeals have been collected that have been inconsistent with the people's courts; 33 cases of judicial reporters who have been concealed in the unjust judgments and rulings, such as corruption, bribery, malpractice, and martial law; There were 186 litigation clues, totaling 551.

2) Focus on obtaining case clues, strengthen management, and expand the source of cases

The primary purpose of the establishment of the information network center is to broaden the horizon, enrich the sources of clues in civil administrative cases, provide a platform for the public procuratorial work to provide display functions, resolve contradictions, address interest complaints, eliminate unstable factors, and effectively solve the actual problems of the people. Safeguard the legitimate rights and interests of the people. How to maximize the collection of case clues and scientific management and utilization is the main problem they consider. To this end, they have taken the following measures:

1. Organize the personnel of the People's Bank of China and the members of the network center to conduct training on the procuratorial inspection of the people's bank and establish a sense of clue collection. Through the examination and analysis of the acceptance clues, it is found that the wrong judgment and ruling, and thus the initiation of the protest procedure is the basic business of the procuratorate supervision of the People's Bank of China. There is not a lot of clues for analysis and utilization, and the protest case cannot be carried out. To this end, we pay attention to cultivating the awareness of the Minhang police and liaison officers to discover and collect clues, to maintain a keen sense, and to prevent the loss of case clues.

2. Set up a full-time administrator. In view of the confusion of the previous clue management and the unclear responsibility of the subject, we have set up a full-time lead administrator to be responsible for the collection and management of case clues. Every week, the administrator collects information from the liaison offices and the reporting points. The liaison offices and liaison officers of the information center collect clues for civil and administrative appeals, and also contact the administrator directly. The clue administrator uniformly registers the collected clues, and conducts statistical analysis according to the source, quantity, nature, content and review of the collected clues, finds out the characteristics and rules, and reports to the members of the network center every month.

3. Establish a rapid response mechanism. In order to solve the long period of anti-litigation cases of the People's Bank of China, and even have a headless phenomenon, we have established a rapid response mechanism. After discovering the clues, first contact the relevant liaisons, produce the filing materials and report to the competent procurator. Secondly, according to the clues of the case, quickly contact the parties to find out the general situation of the case. Thirdly, according to the actual situation of the clues and the relevant personnel of the center, actively prepare the clues for argumentation. Finally, in order to shorten the litigation cycle and increase the transparency of supervision, we implemented the contact card system for appeal cases, and informed the center's liaison staff of the case's contractor and telephone number and the progress of the case. Unified management and unified adjustment of the collected clues, and then assigned to the contractor for review, collective discussion within 7 days after the review, decide whether to file the case, and notify the contact person in writing within 3 days of filing or not filing the case.

Through the statistical analysis of the collected clues and the feedback of the members of the center, we summarize the experience of information collection in civil administrative cases, analyze the source, content, characteristics, rules and new situations of clues in civil administrative cases, and timely adjust the key parts of supervision. And the direction, the supervision of the field extended to the land sector unfair enforcement, corporate bankruptcy, the loss of state assets in the restructuring, health, real estate and other departments improper fees and cotton textile, paper industry environmental pollution public interest litigation. Through the network center to obtain a large amount of information, identify the focus of work, and solve some hot and difficult issues that people pay attention to. Since the establishment of the center, it has received 68 complaints against the administrative decision of the land department; 82 bankruptcies, bankruptcy and restructuring of Chinese capital; 82 unreasonable charges for the health, electricity and real estate sectors; 36 environmental pollution complaints, winning the society Widely endorsed by all walks of life, it also established the image of the people's procuratorate, and played the prestige of the people.

Third, give play to the role of the information network center to demonstrate the quality of cases and achieve the best results of the supervision of the people

How to scientifically manage and utilize the collected case clues in order to improve the quality of the ICBC's protest cases, improve work efficiency, and make the CCP's procuratorial work achieve tangible results, which is an important aspect of our information network center since its establishment. task. We analyze and demonstrate case clues from the following six aspects:

1. Demonstrate the basic attributes of the clues. In order to solve whether the clues belong to the scope of our statutory jurisdiction, which departments are transferred to the extra-judicial cases, how to handle the complaints after the examination of the cases within the jurisdictions does not meet the conditions for protests, and the special suits for those who meet the conditions for protests, how to quickly enter the review Issues such as the protest program.

2. Demonstrate the basic legal relationship reflected by the clue case itself.

3. Discuss the laws and regulations involved in the clues.

4. Demonstrate whether the clue has an illegal or factual aspect of the entity or the cause of the error.

5. Analyze and demonstrate the possibility of revising the case in which the protest is filed and the proposal is filed.

6. Suggestions on the methods and techniques for initial investigation of job crimes hidden behind unfair referees.

We did this on the argumentation procedure:

1. Make a case for the case to be demonstrated, and on the basis of retaining the basic facts of the clue, hide the true situation of the party, the trial judge and the litigation agent, and ensure that the argument is objective and fair.

2. Identify the people involved in the argument. A liaison who organizes relevant legal knowledge and has no evasive conditions to participate in the argument.

3. Distribute the case and inform the date of the demonstration. After identifying the personnel, the case will be distributed one week in advance, so that the participants can prepare in advance and conduct a written analysis.

4. Hold a demonstration meeting. Everyone’s statement is required to be accurate and clear, and the applicable legal basis is correct.

5, the whole theory of opinion. In the case of inductive argumentation, an argumentation report shall be formed, and the handling of the case shall be submitted to the procurator-general or the inspection committee for review and decision. And reported to the county people's congress, the city's courts and civilians office for the record.

Through organizing case argumentation meetings, the case was further thoroughly understood, the relevant laws and regulations were fully grasped, the case was more objective and fair, and the best way to handle the case was found, which achieved the goal of improving the quality of the case. Since the establishment of the center, we have held 12 case demonstration meetings. 19 cases were demonstrated respectively, of which 6 cases with larger bids and larger social impacts suggested that the city court should file a protest, and the city court was sentenced to the provincial court after being protested; 5 cases of first instance were The case against the city court was also reconsidered; 5 cases of state capital loss, after issuing procuratorial suggestions to the relevant units, the relevant units have corrected and recovered more than 1.6 million yuan for the country's economic losses; for one party, the party has been rushing for five years. It is recommended that the Municipal Court should file a protest and go to the relevant administrative department to coordinate and solve the complainant's actual problems; 2 cases of defamation cases, 1 has been guilty and 1 has been transferred to prosecution.

4) Establishing a system of regulations and standardizing management

In order to facilitate the public to understand the duties of the people's work, to facilitate complaints, and to take less roads, we have mapped the protest cases, job crimes, and public interest cases supervised by the People's Bank of China, and made the case flow chart layout, and the legal supervision of the people's bank. The Information Network Center Operation Rules and the "Difficult Case Argumentation Program" were also made into a layout and hung on the wall of the central reception room. The "Reception of Visitors Rules" was printed at each liaison office, and the frames were framed and hung in eye-catching places. . We have also developed a system of work for the center and a liaison office, which has produced badges for each staff member and liaison staff to facilitate public consultation and supervision.

Guarantee to strengthen team building to ensure the healthy development of network centers

The Civil Administration Legal Supervision Information Network Center is a new thing. The liaison offices, reporting points and liaison officers are widely distributed and the team is complex. Our procuratorial organs have no specific management responsibilities. Everyone participates in a simple relationship. I came to the supervision work of the People's Bank of China. How to avoid the phenomenon of "a short-lived" phenomenon or the emergence of chaos and chaos, we have paid attention to strengthening the construction of the network center team from the beginning of its establishment to enhance the cohesiveness of the information network center, maintain long-term vitality, and ensure the healthy development of the network center. . In order to strengthen the construction of the information network center itself, we start from the following aspects:

1. Give play to the core role of the People's Bank of China and enhance the cohesiveness of the network center. The People's Bank is the core of the network center. Our political quality, business savvy, work attitude and ability directly affect the central liaison. The civilian police officers play their own functions and are the basis for the normal operation of the network center. In addition to the political and business studies arranged in the hospital, Corey set up a study on Monday and the learning system on Friday, through learning, improved the comprehensive quality of the police.

2. Improve the business skills of the liaison. Members of our organization center learn the "People's Handling Rules" and the laws, regulations and relevant judicial interpretations in the field of archives and the People's Bank of China, and inform them of the latest developments of the People's Bank of China in a timely manner so that they are familiar with the work of the People's Bank of China; To cultivate the ability of the liaison to identify the clues; organize the liaison personnel to participate in the discussion, research and other activities of the People's Bank of China, and jointly improve the business skills of the police and the members of the central bank.

3. For each liaison's specialty, do their best and grow a sense of responsibility. For those liaisons who are familiar with legal knowledge, they are divided into different evaluation and argumentation groups according to the different knowledge they are good at, so that they can analyze and evaluate the collected clues, propose treatment plans and legal basis, etc., and those who are in contact with the grassroots people. A wide range of liaison officers allowed them to open up clues to the grassroots; for the liaisons of the National People's Congress, the discipline inspection, and the CPPCC, they took the leadership advantage and supervised the case.

4. Establish an incentive mechanism to give full play to the enthusiasm of members of the network center. Each month, according to the statistics of the information administrator, we will inform the number, adoption rate, and value of the clues provided by the liaisons, and give timely recognition and appropriate material rewards to the outstanding liaisons. The situation after the case clues entered the protest program was quickly fed back to the liaisons who provided the clues to improve their enthusiasm for serving the center.

Fourth, harvest information network center has seen initial results

Since the establishment and operation of the information network center for three years, the work of the People's Bank of our hospital has been step by step and achieved remarkable results. The overall work of the People's Bank of China has ranked in the top three for the third consecutive year. Mainly manifested in: the innovative development of the work of the People's Bank of China, promoted the in-depth development of various procuratorial work in our hospital, so that the number and quality of protests have advanced by leaps and bounds, and the investigation of the crimes of judicial personnel, the handling of public interest cases, and the supervision of administrative law enforcement activities have all been new. Breakthrough:

1) Established an important position in the work of the People's Bank of China, established a prestige, and smashed the hat of the small department and the old-age department; for example: the ct machine charge case of Xinye County Hospital of Traditional Chinese Medicine, and the 6.75 mu land of Dongguan Guanguan 2 Group of Chengguan Town The case of loss of state capital that changed the purpose and nature also brought out two cases of duty crimes, which drove the work of the self-reporting department, saved more than 1 million yuan of economic losses for the country, and solved the hot issues reflected by the people. Good social and legal effects.

2) Through the function of the network center and the role of propaganda, deepening the supervision of the People's Bank of China has achieved remarkable results. The functions of the procuratorate of the People's Bank of China have been fully exerted, and the cooperation of all walks of life has been won. The status of the work of the people in the society has been improved, the authority has been established, and the people have difficulties to go directly to the people's bank for complaints or assistance. While handling the civil servant's protest cases in accordance with the law, vigorously investigating the crimes committed by the judges, and doing a good job of interest-seeking and appealing, the hospital has continuously increased the hot issues such as the loss of state-owned assets, environmental pollution, and unreasonable charges in the pharmaceutical industry. The strength of handling public welfare cases has further strengthened the effectiveness of the legal supervision of the people. In the past XX years, a total of 165 public welfare cases have been handled, which has saved more than 5 million yuan for the country, which further enabled the people's procuratorial work to receive the attention and support of the whole society. For example, Sun Changjin, a lonely villager in the village of Daying Village, Shijie Town, was burned by the deposit slip, the bank refused to pay, and the lawsuit did not depend on it. The people’s bank was based on the fact that it was a practical matter for the people, to resolve the litigation, and to stabilize the society. The bank investigated and coordinated to help Sun Laohan take out his 5,500 yuan deposit and get him a fair.

3) Constantly enrich and strengthen the procuratorial business of the people's bank, actively publicize the procuratorial function of the people's bank, actively report to the county party committee and the people's congress, report on the innovative work mechanism, maintain judicial justice through solid and effective work, and serve the county. Economic development has promoted social harmony and stability, and has significantly enhanced the role of the procuratorial work of the People's Bank of China in legal supervision. It has gradually deepened the effectiveness of the procuratorial legal supervision of the people's bank and won the attention, support and understanding of the party committee, the people's congress, and the government. Understand the functions and functions of the Minhang Department, and find difficulties in finding people's banks, such as: land disputes in the brick factory of Xinye County and Zhao Jie's case for the transfer of land and factory auctions of Xinye County Hardware Factory to the State Letters and Calls Bureau. After 15 days, the facts were found, public hearings were settled, disputes were settled, interest and interest were filed, and the party committee was satisfied and the people were satisfied. In order to gain a deeper understanding of the People's Congress, the Party Committee also invited me to give special lectures on the work of the People's Bank of China. In the report of the National People's Congress, the work of the People's Bank of China was also reported separately. In the work summary of the work, the work of the People's Bank of China was also included in the eight major achievements. One. On June 9th, XX, the Standing Committee of the Xinye County People's Congress regarded the work of the People's Bank of China as one of the ten deliberations of the XX review. It gave a high evaluation to the work of the People's Bank of China and passed the deliberation through the vote. This is the citywide, the people's bank. The first time that the procuratorial work was included in the Standing Committee of the Standing Committee of the National People's Congress, it became an important force in the ple The people's team has also been trained to gradually grow and mature. The establishment and operation of the Civil Administrative Legal Supervision Information Network Center has been approved by the provincial and municipal levels, and has been promoted as a typical experience. The XX annual public affairs administrative experience exchange meeting was held in Xinye. The leaders of the provincial and municipal levels attended the meeting and made an important speech. The practice of the civil administration legal supervision information network center of Xinye County was fully affirmed. Nanyang TV Station, Nanyang Daily, Nanyang Evening News, and Henan Legal News also reported on the practice of the Civil Administration Legal Supervision Information Network Center of Xinye County. In XX, the practice of the Legal Supervision Information Network Center of the People's Bank of China was forwarded by the Nanyang Municipal People's Procuratorate, the Henan Provincial People's Procuratorate Office, and the People's Bank of China, and was promoted as an experience in the Nanyang Citizens' System. The phase of the establishment of the People's Bank of China Legal Supervision Information Network Center, the civil administrative law supervision information network center of our hospital is not long, the accumulated experience is not enough, it is still immature, and needs to be further explored in future practice.

The People's Bank of China has become an important force in the entire hospital to strive for excellence. The people's team has also been trained to gradually grow and mature. The establishment and operation of the Civil Administrative Legal Supervision Information Network Center has been approved by the provincial and municipal levels, and has been promoted as a typical experience. The XX annual public affairs administrative experience exchange meeting was held in Xinye. The leaders of the provincial and municipal levels attended the meeting and made an important speech. The practice of the civil administration legal supervision information network center of Xinye County was fully affirmed. Nanyang TV Station, Nanyang Daily, Nanyang Evening News, and Henan Legal News also reported on the practice of the Civil Administration Legal Supervision Information Network Center of Xinye County. The practice of the XX-year legal supervision information network center of the People's Procuratorate of Xinye County. The Nanyang Municipal People's Procuratorate and the Office of the People's Procuratorate of Henan Province and the People's Procuratorate Office respectively forwarded it and promoted it as an experience in the Nanyang Citizens' System, and established the Minhang Legal Supervision Information Network Center in each county and district court.