Procuratorate procurator general report

Director, deputy director, secretary general, members 41:
This year, the Standing Committee of the Municipal People's Congress made a debriefing of the Procuratorate of the Procuratorate for the first time, and sincerely thanked the NPC for giving me the opportunity to report on the performance of the duties and to listen to the comments.
In April 2003, the second meeting of the Standing Committee of the 12th National People's Congress decided to appoint me as the chief procurator of a branch. The practice of procuratorial work made me realize that China's procuratorial system is determined by China's polity and state, and has a scientific theoretical foundation, a solid political foundation and a profound practical foundation. The Constitution of our country has established the constitutional status of the procuratorial organs as the state legal supervision organs, reflecting the expectations and requirements of the party and the people for strengthening the legal supervision and safeguarding judicial justice. The procuratorial work must adhere to the leadership of the party. Under the supervision of the people's congress and all walks of life, through the functions of public prosecution, duty crime investigation and litigation supervision, it is responsible for the division of labor with the investigative and judicial organs, mutual cooperation, mutual restraint, and common maintenance of the country's legal system. To achieve fairness and justice throughout the society.
According to the law, the state sets up the municipal inspection branch mainly because of the trial relationship of the case. The procuratorial branch handles the investigation, arrest, and prosecution of cases that endanger national security, may be sentenced to life imprisonment, death penalty and foreigner crimes; Cases; legal supervision of litigation activities of investigative organs, judicial organs, and penal enforcement agencies; through procuratorial activities, educating citizens to be loyal to the state, consciously abide by the Constitution and laws, and actively fight against illegal activities. A branch was established in July 1995. According to the division of labor of the Shanghai Municipal People's Procuratorate on the jurisdiction of the branch, the jurisdiction of the case is 9 districts including Pudong New Area, Luwan, Xuhui, Changning, Minhang, Jinshan, Songjiang, Nanhui and Fengxian. . The contact between our hospital and the procuratorate of the jurisdiction mainly carries out case guidance by handling the second instance case. According to the Organic Law of the People's Procuratorate and the Procurator's Law, the main duties of the procurator-general of the branch are to lead the whole hospital to implement the party's line, principles, policies, and implement national laws. Under the leadership of the city's procuratorate, the command and procurator will perform the duties according to law. The procuratorial responsibilities of the procuratorate through education management. I believe that as a procurator of a branch, we must always keep in mind that "the right is used by the people, the benefit is for the people, the feelings are for the people", leading all the procurators, practicing the important thinking of the "three represents" and fully performing the legal supervision duties according to law. To protect justice.
The 16th National Congress of the Communist Party of China proposed to build a well-off society in an all-round way, and Shanghai has determined the goal of building a socialist modern international metropolis. This year, when Comrade Chen Liangyu went to the city procuratorate to inspect the work, he proposed new requirements for the procuratorial work to integrate into the overall situation and serve the overall situation. The new situation and new tasks have inspired me to have a stronger sense of responsibility. Under the leadership of the Municipal Party Committee, Shanghai's political and legal families have cooperated with each other and restricted each other, creating a good law enforcement environment. The leadership team of a branch united and cooperated, and all the police officers worked diligently and dedicatedly. I have laid a solid foundation for fulfilling my duties and strengthened my confidence in the future and new achievements. I and the team members put forward "to strengthen the legal supervision as the main line, strengthen the standardization construction, and fully perform the procuratorial function; use the procuratorial reform as the driving force, promote the mechanism innovation, improve the quality and efficiency of the case handling; and aim at improving the comprehensive quality of the prosecutor. Strengthening education and training, striving to shape the good image of prosecutors, and providing the rule of law for Shanghai's reform, development and stability. Below, I will report on the performance of duties as follows, please comment.
I. Strengthening law enforcement and fully performing the legal supervision function After the 12th session of the Municipal People's Congress, I and the team members carefully analyzed the situation and tasks faced by the various procuratorial work. This year is the first year of the new team work. It is very important to do a good job this year. We adhered to the prevention and treatment of SARS, grasped the procuratorial work, actively took countermeasures, and fully played the role of the procuratorial function. All work maintained a good momentum of development.
Severely cracking down on serious criminal offences in accordance with the law and fully safeguarding social stability and safeguarding social stability is the primary task of the procuratorate. After the "strike hard" rectification struggle, Shanghai's criminal cases have been effectively curbed, and social security has maintained a basically stable situation as a whole, but there is still a serious side. The task of maintaining stability is still quite arduous. In the criminal prosecution work, I propose to continue to adhere to the "strike hard" policy for serious criminal offences and establish a regular "strike hard" working mechanism so that the mind is not loose and the strength is not reduced. First, strengthen cooperation with relevant departments such as the public security and the courts. By dispatching personnel to timely intervene in investigations, participating in public security organs to discuss difficult cases, attending meetings of court judgment committees, organizing centralized public prosecutions, participating in special rectification work, etc., and implementing the "strike hard" policy to various inspections such as arrests and prosecutions, forming a joint force to fight crime. . The second is to strengthen the guidance of handling cases. I often go to the first line of the case to listen to the report, promptly convene a meeting of the procuratorial committee to discuss and study difficult cases, strengthen the guidance on the application of laws in major and complex criminal cases, and ensure the quality of case handling. The third is to grasp the criminal policy, pay attention to the difference, and reflect the principle of "tempering justice and strictness." Adhere to the policy of education, probation, and salvation for juvenile delinquency; for those who commit minor crimes and have little social harm, especially first-time offenders, even offenders, and negligent offenders, increase education and rescue efforts, and deal with them lightly according to law. The fourth is to actively participate in the comprehensive management of public security, and to use the "Prosecution Proposal" and other methods to supervise and help the relevant departments to block the formation of crimes and prevent crimes in view of the loopholes in social security and economic management found in the handling of cases.
It is an important part of the anti-corruption struggle to investigate and handle duty crimes according to law, and to promote the integrity and correct performance of state staff to conduct job investigations and prevent job crimes. It is an important duty assigned by the law to the procuratorate. At present, China is in the period of social transformation of system transition and structural adjustment. There are objectively many factors that induce job-related crimes. Corruption and bribery and other corruption problems are still serious in some localities and departments. When major cases arise, it is necessary to investigate and deal with duty crimes. The situation is still grim. I organized the investigative department comrades to conscientiously study and understand the new requirements of the Central Committee, the Municipal Party Committee and the High Procuratorate on the anti-corruption struggle, and stressed the need to raise awareness of the importance and urgency of investigating and handling duty crimes. This year, our hospital earnestly accepted the people's reports, intensified investigations, and investigated and handled cases such as Bai Xiaojiang, the former president of China Zhongfu Industrial Corporation, and other embezzlement, misappropriation of public funds and the public security police Shu Weiqing of the city detention center to help criminals escape punishment. In order to promote the investigation of duty crimes, I led the investigation department to summarize the work experience of “investigating the clues of reporting clues” and “calling the case”, and strengthened the research on the new situation of duty crimes, thereby expanding the scope of investigation and improving the discovery of crimes and detection. The ability of the case. In order to strengthen the investigation and punishment of duty crimes, I often go deep into the investigation department, participate in the formulation and research of investigation programs, determine the direction of investigation, and rely on the front. In the investigation, I paid great attention to grasping the following problems: First, concentrate on investigating major cases of duty crimes. This is an important manifestation of the procuratorial organs' efforts to increase the handling of cases, and it reflects the firm determination of the party and the people to carry out the anti-corruption struggle in depth. At the same time, from the height of consolidating the party's ruling foundation and maintaining social stability, we must conscientiously investigate and deal with the "small case" that the people have strongly reflected, and do not check it because of "official micro", and do not do so because of "small case." The second is to handle cases in strict accordance with the law. Adhere to the case according to law, summon according to law, obtain evidence according to law, take compulsory measures according to law, and guarantee the quality of the case by program and standard, so that each case can withstand the historical test. In recent years, in every case of duty crimes handled by our institute, the court has made a guilty verdict. The third is to handle cases according to law and civilization. I demand that the prosecutor must establish a modern judicial concept that emphasizes both crime and human rights protection, and effectively safeguards the legitimate rights and interests of the parties. We will also treat the case as an important part of fair law enforcement. All the handling costs and the vehicles for handling cases are guaranteed by the hospital. In the case of handling the case, do not borrow a car, do not eat a meal, do not spend a penny, do not receive a gift. The fourth is to seriously carry out the work of preventing duty crimes. Carrying out the principle of treating both the symptoms and the root causes, comprehensive management, and gradually strengthening the efforts to cure the problem, I propose that the investigation and punishment of duty crimes must adhere to both prevention and prevention. In accordance with the requirements of "one case and one prevention", we must work on prevention to prevent crimes. For example, in conjunction with the investigation of the crime of preventing duty crimes carried out by Zhang Shixiang, former vice president of Oriental International Group Co., Ltd., and other cases of corruption and misappropriation of public funds, the Municipal Commission for Discipline Inspection was selected as the warning education material for the construction of party style and clean government this year.
Strengthening litigation supervision and maintaining judicial justice. Whether legal supervision will affect the cooperative relationship and interpersonal relationship with other law enforcement agencies is a realistic problem that the Attorney General must face. I believe that litigation supervision is an important guarantee for safeguarding judicial justice and achieving social fairness and justice. It is the fundamental responsibility of the procuratorial organs given by the Constitution and laws. As long as we correctly use legal supervision methods in accordance with the law and improve the quality of case handling, we can gain the understanding and support of other law enforcement agencies, not only by supervision but also by cooperation. Therefore, I pay great attention to the legal standards as the yardstick for litigation supervision, the opinions of the investigating organs for reconsideration and review, the principle of correcting truth from facts, and the principle of correcting and correcting, and never correcting the "face"; there is indeed a mistake for the judicial organs. The referees resolutely filed a protest in accordance with the law; strengthened the review of criminal second-instance cases, supported the district procuratorate's protests in accordance with the law, and effectively guaranteed the uniform and correct implementation of the law.
In the case of case supervision, investigation supervision and criminal trial supervision, I stress that the focus of supervision should be on the issues of strong public dissatisfaction, guilty crimes, punishment and punishment, and the violation of legal procedures and defamation laws. The supervision of the referee. In the supervision of penal enforcement, the focus is on the prosecution of criminal proceedings for overdue custody. In the civil administrative trial supervision, one hand grasps the rights and defends the law, and protects the legal rights of the parties and maintains social stability.
With the accelerating process of the rule of law in Shanghai, the people's awareness of democracy and the legal system has increased, and new and higher requirements have been placed on judicial civilization. I ask the police officers in the whole court to protect the legal rights of criminal suspects and defendants in handling cases, and give humanistic care from the perspective of facilitating educational influence. For example, during the investigation of corruption and misappropriation of public funds by Bai Xiaojiang and others, the father of a criminal suspect died of illness. We took advantage of the rest day to arrange for a farewell to the father’s body, so that the parties and their relatives were moved. Avoid minors during the search and protect their physical and mental health. Criminal suspects and defendants who are suffering from serious diseases shall actively contact the relevant units to provide medical conditions, and change the compulsory measures in accordance with the legal conditions to enable them to receive timely treatment. In legal documents such as indictments, the names and addresses of victims and witnesses should be hidden or simplified as much as possible to protect their privacy and personal safety, and to avoid unnecessary harm to the parties.
Second, actively promote procuratorial reform, strengthen legal supervision functions and promote procuratorial reform, which is the inherent requirement of procuratorial work to keep pace with the times and strengthen legal supervision. Procuratorial reform must adhere to the principle of seeking truth from facts, be brave in exploration, pay attention to actual results, and not pursue the sensational effect of the moment. I pay attention to starting from the actual situation of a branch, synchronizing the procuratorial reform with the annual work, focusing on the institutional and institutional obstacles affecting the legal supervision function, highlighting the key points, clarifying the objectives, and steadily advancing, forming a “through the current legal framework. The reform ideas of institutional reform, mechanism innovation, optimization of procuratorial work management mechanism, improvement of quality and efficiency, and strengthening of legal supervision functions.
Continue to deepen the main complaints and host the prosecutor's responsibility system for handling cases. Our court earlier implemented the prosecution of the prosecution and the second-instance department, “in the scope of the procurator-general, independently undertake the examination and prosecution, the prosecution and trial supervision tasks, and the responsibility to the procurator-general” The government handled the case responsibility system and took the lead in launching the system of prosecuting prosecutors to speed up the training of the procuratorate reserve team. In response to the characteristics of the investigative department of our institute, which mainly deals with major cases, it has introduced a responsibility system for the handling of prosecutors with the responsibility of handling cases and the responsibility of investigation and command. This year, the business departments of the whole hospital continued to improve, comprehensively implement the main complaints, and host the prosecutor's responsibility system for handling cases. For example, in the investigation and supervision department, the trial supervision and arrest, criminal case supervision and criminal investigation supervision are integrated into the prosecutor's case handling system. The grievance department established the responsibility system for the sponsored prosecutors with the “first responsibility system” as the main content, which reduced the administrative color of the case handling work, strengthened the legal supervision function, and effectively promoted the procuratorial business.
Gradually improve the internal supervision and control mechanism In the process of implementing the main complaint and hosting the prosecutor's responsibility system for handling cases, I seriously think about how to supervise and restrict the main complaint and the prosecutor's case-handling right while decentralizing the power to ensure the quality and fairness of the case. law enforcement. In response, I propose that we should focus on establishing two mechanisms. First, the city's procuratorial organs took the lead in implementing the quality assurance mechanism for cases with the “three books” as the main content. Through the review and review of the prosecution opinions, indictments and judgments in the cases handled by the prosecution and other departments, the main prosecution prosecutors are tracked and examined according to law. The second is to establish a performance management mechanism with the target management assessment as the main content, and include the number of cases handled by the procurator and various business departments, the quality of work, and the handling of civilized cases and clean and honest cases, etc., to promote the correct performance of duties by the procurator.
Constantly optimizing the procuratorial work management mechanism I also actively explored the establishment of a management mechanism that reflects the judicial attributes and conforms to the procuratorial work rules, optimizes the procuratorial business management, and strengthens the legal supervision function. The system for handling cases has been revised since the establishment of the hospital. According to relevant laws and regulations, the procedures and work requirements for procuratorial cases have been refined, and the System Compilation and Workflow has been formulated. The legal procedures and internal working procedures are organic. Combined, the law enforcement case is more operational and standardized, and the dynamic management of the procuratorial business is carried out through the regional network. I focus on the role of the procuratorial committee's business leadership decision-making. When discussing issues with the procuratorial committee, pay attention to the opinions of other members. Do not speak first, or "tune", make decisions in accordance with the principle of democratic centralism, and exercise the final decision of the Attorney General. This year, the procuratorial committee members’ hearing system was introduced one after another to understand the prosecution prosecutor’s level of public prosecution and the quality of case handling; the main responsible person of the business department was introduced to the procuratorial committee meeting system, so that all business departments fully understand and implement the procuratorial committee. The decision to unify law enforcement thinking and improve the level of law enforcement.
Third, take the initiative to accept supervision, correctly perform the legal supervision function as the legal supervision organ, how to strengthen its own supervision, and achieve fair law enforcement is a social concern. I have improved the supervision and control mechanism and broadened the channels of supervision as an important task during the term of office. I have focused on the following three tasks.
Consciously accepting the supervision of the National People's Congress to uphold the party's leadership over procuratorial work and consciously accepting the supervision of the NPC and its Standing Committee and the people's people is the key to the procuratorial organs' proper performance of their duties. During the "two sessions" each year, I assigned the heads of various departments to listen carefully to the group discussions and take the initiative to listen to the opinions of the delegates on the procuratorial work of a branch, and handle them in a timely manner and reply in time. I organized cadres to seriously study the "two sessions" file and implement the spirit of the "two sessions." We attach great importance to the supervision of the Standing Committee of the National People's Congress and the supervision of the case issues reflected in the letters from the NPC deputies and CPPCC members. The above letters were carefully read and designated to be handled by special personnel. Through the establishment of a supervision system, strict supervision of procedures, to ensure the quality of the supervision of cases, timely reply and feedback, the supervision work was implemented, and the self-awareness of the supervision of the people's congress and the community was enhanced.
Full implementation of procuratorial disclosure, my organization accuses the appeal department to carry out the "windows" campaign for civilized activities, implements the requirements of the procuratorial affairs disclosure of the high procuratorate, and issues the "Public Affairs Open Handbook" in the reporting center, lawyers, witnesses reception room, and will The content is made into a wall chart, the scope of the public prosecutorial agency's acceptance of the case and the rights and obligations of the parties, and the publication of the work procedures for receiving, accepting, and reporting the case, and giving full play to the “window” role of the complaints and reporting center to contact the public. Adhere to the reception system of the procurator, I will receive some important reports and complaints. I also asked the prosecutor to seriously fulfill the obligation of notification in handling the case and fully guarantee the litigant rights of the parties. When dealing with people's letters and visits, we will warmly receive and handle them carefully, and inform the parties in time. For those who are not under the jurisdiction of this court, they must actively help the parties to contact the specific contractor. For those who are not under the jurisdiction of the procuratorate, they must also work hard to coordinate with other functional departments to coordinate and coordinate social conflicts.
Actively exerting the role of the supervisor of clean government The hospital has implemented the system of clean government supervisors, and hired representatives of the National People's Congress, CPPCC members and other relevant persons to act as integrity supervisors, and supervised the work of our institute with the advantage of their wide social contacts. This year, another 12 incorruptible supervisors were hired to invite them to participate in relevant meetings. The leaders of the hospital will inform the procuratorial work, and they will be invited to attend the public prosecution, case hearings, visit the case, etc., and conduct unannounced visits to understand the prosecutor’s handling of the case according to law. Civilization handles cases and cleans cases, and asks them to comment on the work of our hospital. By actively exerting the role of the integrity supervisor, the cadres of the whole hospital have been promoted to handle crimes and enforce the law impartially. ?
Fourth, strengthen the construction of procuratorial teams and improve the ability of legal supervision Shanghai prosecutors' ideological and moral literacy, scientific cultural literacy and legal professional standards must meet the needs of the rule of law in building a modern international metropolis. I always regard team building as an important guarantee for the correct performance of legal supervision duties. In accordance with the goal of "political firmness, professional proficiency, excellent work style, and fair law enforcement", we must adhere to strict inspection and strive to build a high-quality, professional inspection. Official team.
Adhering to strict inspections, promoting the building of a clean government, establishing a hospital according to law, strictly administering the inspection, and strengthening the building of a clean and honest government are the effective means to improve the procuratorate. I will focus on the ideological and political education of the team, carefully organize the cadres of the whole school to study Deng Xiaoping Theory, the important thinking of the "Three Represents" and the spirit of the 16th National Congress of the Communist Party of China, so that the procuratorate cadres firmly establish a correct world outlook, outlook on life, values, and always keep in mind "Protect inspection for the public, law enforcement for the people", further enhance the awareness of the overall situation, national awareness and responsibility, and regard fair enforcement as the highest value pursuit. According to the deployment of the High Prosecutor's Office, this year, the educational activities of “strengthening legal supervision and safeguarding fairness and justice” were seriously organized. Through study and education, problems in law enforcement, law enforcement and law enforcement were effectively solved. I pay attention to the selection and appointment of good cadres. In accordance with the Prosecutor's Law and the "Regulations on the Selection and Appointment of Leading Cadres of the Party and Government," we promote outstanding cadres with both ability and political integrity and outstanding performance to leadership positions, and establish a correct orientation for employing people. I earnestly fulfill the duties of the first responsible person in the party's work style and clean government, strictly educate the team, strictly manage, strictly supervise, start from small things, seriously investigate and deal with disciplinary seedlings, grasp the tendency problem, prevent problems before they happen, and do it constantly. , constantly improve the ability of the police to resist corruption and change.
Strengthening education and training to improve the professionalism of prosecutors is directly related to the ability of legal supervision and impartial law enforcement. The knowledge and professional standards of the procurator must be adapted to the needs of the rule of law and the reform of the socialist market economic system, and to meet the needs of the development of procuratorial work. I have raised the professional level of prosecutors as the focus of team building, strictly enforced the conditions for prosecutors, increased investment in vocational training, formulated various training methods and incentives, guided everyone to learn consciously, and improved the cultural level of prosecutors. . Each year, the procurator is sent to the country for training and inspection, and to learn advanced judicial concepts, management experience and working methods. Conduct post training and business skills training, select complaints, host procurators, select and procure specialists, and make outstanding talents stand out. Through education and training and the introduction of highly educated professionals in law, computers, foreign languages, accounting, etc., we will continue to improve the team structure and improve professional standards. Studying hard, delving into business, improving ourselves, and advancing with the times have become the common pursuit of all procurators.
Deepening the establishment of activities, shaping a good image and establishing a civilized unit is an important carrier for the construction of the procuratorial team. Our hospital has won the title of Shanghai Civilized Unit for 4 consecutive times. I ask everyone to be uncomfortable in the face of the results, raise the standard to find the gap, continue to deepen the establishment of connotations, and actively carry out a new round of establishment activities. Improve the professional ethics of the prosecutor's "loyalty, justice, honesty, and strictness" by learning advanced and advanced deeds. Through the construction of procuratorial culture, cultivating the sentiment of procuratorates, cultivating the spirit of law-abiding and law-abiding law-abiding, and improving the consciousness of respecting and protecting human rights and promoting modern judicial civilization. We will carry out the establishment of civilized office activities, advocate the "unity, pragmatism, integrity, and efficiency" of the style of hospitality and the professional conduct of prosecutors who are justified and protect the law for the people, and establish a good image of prosecutors among the people. "Fair law enforcement for the people, integrity from the image of the tree inspection" has become the common goal of all the comrades in a branch. Since the establishment of the hospital, a number of outstanding prosecutors have emerged in our hospital. No illegal or disciplinary incidents have been found in the ranks.
Since I became the Attorney General, I have always warned myself that the power in the hands of the Attorney General is given by the people and can only be used to serve the people. In order not to live up to the trust of the party and the people, I pay attention to strengthening my self-cultivation, studying political, legal and scientific culture, updating the knowledge structure, combining advanced judicial concepts with the fine traditions of China's procuratorial work, and summing up the experience in the work in a timely manner. And lessons, actively explore the law of procuratorial work, and constantly improve the level of leadership. "Gongsheng Ming, Lian Sheng Wei", leaders must consciously accept the supervision of the organization, the constraints of the system and the supervision of the people, to achieve a righteousness, two sleeves breeze. I deeply understand that the achievements of a branch rely on the leadership of the party, relying on the supervision of the people's congress and the support of the people's people, relying on the joint efforts of the comrades of the whole hospital. I keep reminding myself that we must be modest and prudent, guard against arrogance and arrogance, use our own exemplary role to unite and drive a group of people, unite collective wisdom, form a joint effort, and constantly advance various tasks.
Although the procuratorial work and team building of a branch have achieved certain results, there is still a gap between the requirements of the party and the people. Mainly manifested in: Under the new situation of ruling the country according to law, the ability of procuratorial personnel to perform legal supervision and their responsibilities are not fully adapted. Legal supervision has weak links, and case guidance is not active enough; prosecutors' political literacy, knowledge structure and The professional standards of law can not fully meet the needs of modern judicial work. The group of expert prosecutors has not yet formed; the public still knows a lot about the procuratorial work of a branch, and the procuratorial publicity must be further increased. As far as I am concerned: it is not enough to explore how the procuratorial work of a branch can be better integrated into the overall situation; not to solve the difficult problems in the legal supervision, and to solve the problem in a timely manner; to improve the overall quality of the team, especially to speed up the procuratorial expertise. In terms of training, measures and efforts are not enough. All these problems need to strengthen learning, improve standards and take effective measures to improve them in future work.
Director, deputy director, secretary general, members:
This debriefing is a rare opportunity for me to learn and receive education, which will help improve my leadership standards and help promote the procuratorial work of a branch. The Third Plenary Session of the 16th CPC Central Committee put forward the grand goal of perfecting the socialist market economic system and building a well-off society in an all-round way, which will add new impetus to Shanghai's new round of development and bring new development opportunities to the procuratorial work. I must be open-minded to accept criticisms and suggestions from all of you. I will continue to improve and improve in my future work. I will be a prosecutor of a famous post to make the people happy and satisfy the people.