Hubei: "Three changes" to strengthen supervision according to power

Extensive supervision to precise supervision and transformation

Case supervision and expansion to case supervision

Supervision to the supervision of the matter to the opposite person--

Hubei: "Three changes" to strengthen supervision according to power

The deducted more than 740,000 yuan returned to the account of a clothing company in Jingzhou City, Hubei Province.

Earlier, after learning the deterioration of the economic situation of the debtor Zhang, Zhao, forced Zhang to convert the official seal of a clothing company that served as a shareholder, thereby converting personal debt into corporate debt, and then applied to the court for judicial justice. confirm. The court frozen a clothing company account and deducted more than 740,000 yuan in account funds. The Jiangling County Procuratorate of Jingzhou City issued procuratorial proposals to the court in the supervision and handling of the case, and transferred three judicial personnel to the relevant departments suspected of disciplinary violations. The court adopted the procuratorial proposal to revoke the original trial ruling, and at the same time executed the revolution.

The Sixth Procuratorate of the Hubei Provincial Procuratorate held a series of seminars for civil difficulties.

In recent years, the requirements of the Hubei Provincial Procuratorate strictly implemented the requirements of the scope of civil procuratorial supervision in laws and regulations on laws and regulations, and led the civil procuratorial department of the provincial procuratorial organs to establish the concept of judicial concepts and increase the supervision of duties. Pay attention to; establish a standardized supervision concept, actively carry out investigations and verification, focus on deep -level illegal acts, and through the "three changes", while maintaining a certain scale of case handling, it will improve the admission rate of procuratorial proposals and improve the quality and efficiency of supervision.

A few days ago, the reporter learned from the Hubei Provincial Procuratorate that in the province's 2022 civil procuratorial work, the ratio of the procuratorial organs to supervise the case according to its authority to the parties applied for supervision cases was 1: 1.91. More than one third.

Extensive supervision to precise supervision and transformation

"We noticed that among the province's civil procuratorial evaluation rules, the" typical, guidance "additional items and 'document filing review deduction rates have been set up in the province's civil procuratorial evaluation rules. 'A reduction of points, this approach is one of the effective measures for the pursuit of civil prosecutors in Hubei Procuratorate. "Wang Weicai, director of the Fifth Procuratorate of Xiangyang Procuratorate, told reporters.

In addition to the evaluation rules, the civil procuratorial department of the Hubei Provincial Procuratorate also has a lot of "hard tricks" and "real recruitment". In the early days of civil trials and execution supervision work, the enthusiasm of civil trials and supervision work in accordance with their duties in Hubei was unprecedented. However, due to the principles of laws and regulations, there was no correctional violation of the law. Under the combination of factors such as poor supervision, insufficient source of cases, and evaluation pressure, there are some work problems and deficiencies in different degrees of work.

"The main manifestations are 'three more, three youngs' and the eight issues." The relevant person in charge of the civil prosecutor department of the Hubei Provincial Procuratorate told reporters that "three more and three youngs" refers to: more "things" supervision, "people" supervision on "people" supervision Less; investigate and violate more illegal laws, and less illegal investigation; more materials review, and less investigation and verification. The "eight issues" are manifested in eight aspects of irregularly, high procedures, high supervision, error supervision, superposition supervision, split supervision, statistical dislocation, rough documents, and court responses to adopting unsatisfactory adoption.

The problem is guiding. The civil procuratorial department of the Hubei Provincial Procuratorate does not avoid the shortcomings of the work, and is not waiting for it. It gives full play to the role of the leading demonstration. Starting from the establishment of the rules and formulation, it will continue to open a dose of "treatment of diseases."

The "Four Preparations" system is the first dose of the prescription.

It is understood that the Hubei Procuratorate implemented ledger management of the province's supervision cases in accordance with the province. In the process, it gradually explored the formation of "approval, case papers, accounts, documents, and documents directly reported to the provincial institute for record review". " system.

"The" Four Preparations "provided us to provide standards and standards for the supervision of our duties in accordance with the law, which is equivalent to teaching us to carry out supervision work." Said Gao Xin, a police officer of the Civil Prosecutor's Department of the Procuratorate of Xichun County.

At the same time, the civil procuratorial department of the Hubei Provincial Procuratorate also established the statistical standards of "three consistency" of documents, files, and ledger, and issued the "Prosecutor's Suggestions" of the "Procuratorate" Guidance "", implement the "three reading" system for the case organizer, head of the department, and document approval persons to ensure that the supervision of the job according to the right to work is more standardized and orderly.

After the establishment of the basic procedures, in the actual operation, the civil procuratorial department of the Provincial Procuratorate did not relax the work standard at all, explored the "monthly review, monthly deduction, and monthly notification" system, layered responsibility, real -time dynamic reminders, guided all places to persevere in pursuit Supervise quality. They determine the responsibility of the special person, review the procuratorial suggestions filing all monthly, and compare the supervision standards, and to "do not constitute illegal and wrong supervision, slightly illegal and high supervision, and the case is divided into case supervision. The four categories of correction or unsupervised or unsuitable should be deducted by the four types of supervision. "

"Speaking of truth, this work has added a lot of work to us, and sometimes we have to work overtime review documents on weekends. The relevant person in charge of the civil procuratorial department of the Hubei Provincial Procuratorate said.

A series of measures received immediate results. In recent years, the Hubei procuratorial organs have increased significantly in accordance with their duty supervision cases. Since 2019, the average annual procuratorial admission rate of civil rights supervision cases in the province has remained above 95%. After the number of "squeezing water", how to achieve "high improvement" of quality and efficiency has become an "main contradiction" that needs to be resolved.

In order to further improve the quality and efficiency of the case, the Hubei Provincial Procuratorate requires that when the local government is in accordance with the case of supervision of duties, it is necessary to achieve the "four -sex combination", that is, adhere to the principle of combination of statutory and necessity, comprehensiveness, and appropriateness.

How to make the "four -sex combination"? The Hubei Procuratorate summarizes the boundaries of defects and illegal issues, minor violations and serious violations, as well as the supervision methods and contents that should be adopted for different illegal properties and degrees to ensure that comprehensive supervision is not missed, deep supervision is strong influences.

"We have organized 308 business outlets of 21 banking institutions in the jurisdiction to carry out one -year special activity of the" Internal Control Compliance Management Construction Year "to achieve leakage and lack of management." A few days ago, the city received by the Xisai Mountain Procuratorate of Huangshi City a few days ago The procuratorial proposal of the financial regulatory authorities responded to a strong testimony of the implementation of the relevant principles of the implementation of the relevant principles of the implementation of the relevant principles of the implementation of the relevant principles.

In the Cisseyama Procuratorate, in the case of 41 houses involving Huang, a house collection and compensation execution supervision case, a case of eight cases that constituted false lawsuits issued 5 retrial procuratorial proposals, 3 cases of trial illegal supervision and prosecution, 3 execution activities, and enforcement activities to the court. 2 pieces of supervision and procuratorial suggestions and one improvement of work procuratorial suggestions were adopted by the court; 5 people were transferred to relevant personnel for suspected criminal clues to relevant departments; Send 2 proposals for social governance procuratorials to promote the improvement of the level of control and compliance management in the industry.

"From the discovery of clues, investigations, verification, review and identification, proposal supervision opinions, and clues to participating in social governance. During the case handling process, we promoted layer by layer under the guidance of the provincial and municipal levels, and finally received a better case handling effect." The prosecutor of the case said.

Cumped, walk thousands of miles. Hubei Province's civil rights supervision work steadily and high -quality improvement in step by step -368 cases of civil rights supervision in 2019, 547 cases in 2020, and 589 cases in 2021. Among them, the three executive supervision cases were selected as the guidance case of the Supreme People's Procuratorate, and the three cases were rated as typical cases of civil procuratorial cases in the national procuratorate.

Case supervision and expansion to case supervision

Dai did not expect that the procuratorial organs not only helped themselves back to the compensation of 240,000 yuan by protest, but also resolved similar problems that the "similar" parties may encounter.

Dai is a parties to a dispute over a traffic accident responsibility. Because of the fact that the court was not convinced, he applied for supervision to the Hanyu Branch of Hubei Provincial Procuratorate. In the case of the case, the root cause of the discovery of the discovery of the case of the case was that the local court was different in the understanding of the Underworld's guiding case No. 24 in the trial.

A case of Dai can be achieved through the protest, but how can the procedural violations of the case in the case and the loss of correction that have been lost and the timing of correction cannot be corrected and cannot be corrected. In response to this issue, under the guidance of the Hubei Provincial Procuratorate, the Hanjiang Branch adopted a form of supervision of cases to systematically sort out the similar cases handled by other local courts, and issued procuratorial suggestions for different judgments of the same case. It is recommended that the court improve the institutional mechanism. Make special rectification. Soon, the local court issued the procuratorial proposal to the grassroots courts in the jurisdiction, requiring the referees in strict accordance with the referee in accordance with the No. 24 of the Supreme Law No. 24.

"The problems pointed out by the supervision of the case are universal. The methods and preventive measures raised by the problem are universal, which can produce scale effects. The effect of tracing the root cause. "He Hanxin, the prosecutor of the Sixth Procuratorate of the Hubei Provincial Procuratorate, said that in the Hubei Procuratorate, the supervision of the case was very" market ".

In 2021, the Hubei Provincial Procuratorate issued an irregular problem to the court to issue a case procuratorial proposal to the court on the copy of the copy of the court to urge the court to improve the corresponding working system. The copy of the application form is included in the "Guidelines for the Judicial Responsibility System" of the institute, and organized investigations to establish a working mechanism within the province.

Under the leadership of the Hubei Provincial Procuratorate, the city and county procuratorial organs have achieved regular summary analysis, case handling, and strengthening research on the same type of cases. Defracting and exemption costs, personnel -free personnel qualifications participating in the trial management loopholes, etc., investigating non -timely implementation of the property, irregular execution, selective execution, and negative execution, etc. It was recognized by the supervisor.

"Refine the issues of commonality, put forward the implementation of strong supervision opinions, and have a good effect on urging the court to correct universal illegal acts." A district court in Wuhan said that the procuratorate in the district had been in the past two years. During the comparative study, it was found that the same cases of the same court had irregularities in the cases of implementation of cases in multiple execution cases, and then proposed the supervision opinions of the case, prompting the court to clean up more than 60 cases of improperly ending the procedure and corrected it. "To jump out of the small world of supervision, be good at digging the causes behind the case from the point, the right medicine, prescribe the prescription of social governance, and achieve the expansion from the supervision of litigation to the integration of governance." The reporter said that the effectiveness of the social governance of the supervision of cases is also the direction of the Hubei procuratorial organs.

In order to enhance the ability of procuratorial organs to integrate social governance in various places, the Hubei Provincial Procuratorate regularly organizes a public selection meeting for excellent cases to supervise the excellent cases. Procuratorial personnel in various places through "panoramic", "interactive" evaluation, "immersion" science Learn from the application model of high incidences and typical cases of illegal issues in various places, and lead the local area to improve the level of case handling.

When the Gezhouba Procuratorate in Yichang City handled a civil litigation supervision case, it passed the "point" of the interest income of non -government loans in accordance with the law, and the 258 civil lending cases tried in the court in the past three years in the area in the area in the past three years have "face". After the survey, after confirming the common issue, the prosecution proposal was issued to the court, prompting the local courts and the Taxation Bureau to jointly issue documents for the establishment of a collaborative mechanism to effectively block the loopholes of tax collection and management.

"Strengthening the supervision of cases, and by calculating the" maximum number of contracts', accurately grasping the problem, not only improves the scale, efficiency and energy of procuratorial supervision, but also provides a strong procuratorial plan for solving universal problems. "For Hubei Procuratorate The authority adheres to the method of supervision of equal emphasis on cases and cases. The representative of the Hubei Provincial People's Congress and the professional factory of Hubei Honglu Steel Structure Co., Ltd., the chief of Chengcheng Jinbo, a positive evaluation of "rigidity 'proposed by the supervision and inspection of cases to help promote the quality of trial and the quality of the trial and Improvement of judicial credibility. "

Supervision of things extend to supervision to people

"An unfair trial is like polluting the water source. The illegal act of judicial personnel not only harms the legitimate rights and interests of the parties, but also damages the judicial authority and judicial credibility." Under the guidance of the concept of precision supervision, the civil procuratorial department of the Hubei Procuratorate has adjusted the supervision focus, promoting supervision matters from slight illegal illegal to serious illegal extension, extending from people to people, deepening judicial personnel behind the law, and implementing illegal judicial personnel behind the law. Disciplinary violations and crimes.

How to "dig" to clues is the first problem facing "supervision to people". The civil procuratorial department of the Hubei Provincial Procuratorate gives a plan: continuously improves the working method of integrating "finding a case" and "finding a person with a case", and actively extends from "waiting for the case" to "active attack".

"'Finding someone with a case' specifically, it is to further increase the precise supervision of violations of discipline and violations of the two types of cases of trial and execution activities. Pay close attention to. "The relevant person in charge of the sixth procuratorate of the Hubei Provincial Procuratorate introduced to reporters that the" one case and three investigations "case handling model was implemented in specific operations to review whether there is a trial procedure and implementation in the review of the supervision of the referee. Crime criminal clues of activities illegal and judicial officers.

"Material review is the basic skill of the prosecutor, but how to investigate and verify the 'degree' and use the right to investigate and verify in accordance with the law, and the levels of various places are uneven." Prosecutor Liu Jinzhou, who has been engaged in civil prosecution for many years, said straightforwardly. To this end, the Hubei Provincial Procuratorate explored the four -character strategy of investigating and verifying the "conspiracy, point, fast, and rigid" strategy of investigation and verification according to the work confusion of the grass -roots procuratorial police. External investigations, grasping the main illegal points, investigating and obtaining evidence and obtaining evidence for the constituent elements of illegal composition stipulated around the relevant laws and regulations, some targeted and precise attacks, quickly fixed evidence to ensure that the organization is strict, procedure, evidence collection, and precise suggestions.

"The four -character strategy not only tells us what needs to supervise from the specifications, but also tell us how to carry out supervision from practical exercise." Li Huilong, police officer of Nanzhang County Procuratorate.

The prosecutor of the Procuratorate of Fancheng District of Xiangyang City went to a case to involve private enterprises and carry out "look back" for civil execution supervision.

Zhang Mouwei, a partner of a civil lending dispute, is the beneficiary of the Hubei Procuratorate's strategy to implement the four -character strategy. In the executive activity supervision of a procuratorate in Xiangyang City, he received more than 1.59 million yuan in arrears. Previously, on the premise of Zhang Mouwei's application for property preservation, the executives did not implement the property preservation of the property preservation and assistance to the execution letter, and the illegal issuance was issued to the defendant Jiang Mouyong's execution funds of more than 1.69 million yuan, which harmed Zhang Mouwei's legitimate rights and interests. After the procuratorate discovered the clues, he issued procuratorial suggestions to the court in accordance with the law. On the one hand, the court's illegal behavior was corrected through "supervision of things" and increased its enforcement. Relevant regulations are investigated for the discipline and responsibility of the executives, and promote judicial justice from the deep level. After receiving a reply from the court to the executors in accordance with regulations, the procuratorate issued a proposal to the court to follow up with the supervision and procuratorial advice. The court adopted a procuratorial suggestion that the executive had made administrative records and severely warned punishments within the party. The case was later selected into the second batch of civil prosecutors of the Supreme People's Procuratorate to follow up with typical cases. "Leaving the deterrence of 'punishment', the" governance 'is also difficult to see. The prosecutor's supervision method on people and the facts of the matter has also played a good effect on the problems of tracing the source and regulating personnel. " The local procuratorate found that the case of the case handling the case in the case of a civil supervision case had a clue of the criminal clue of the case. While transferring the criminal clues in accordance with the law, the case was investigated by the judge's suspected crime. Promote self -examination of the hospital and improve the relevant working mechanism.

"'' To people's supervision 'must be combined with the current key tasks and social attention in order to further be supported by the supervisory agency and get the recognition of the society." The relevant person in charge of the Sixth Procuratorate of the Hubei Provincial Procuratorate said that in 2021, the Provincial Procuratorate in 2021 The civil procuratorial department has strengthened the special "special combination" and carried out special work in false litigation supervision of market entities.

"Under the guidance of the" Procuratorate of the Provincial Procuratorate Carrying out the Special Supervision Activity Plan for the Special Supervision Activities of the Marketing Anthine "issued by the provincial institute, we shall be on private lending disputes, traffic accident insurance claims, construction contract disputes, housing trading disputes, and different places implementation, etc. The fields were conducted in the field and found a number of false litigation supervision clues. "Qianjiang Procuratorate police officer Wan Yingjia said that the suspected clues of construction contract disputes in construction companies and real estate companies in the institute were discovered in the arranging.

During the case handling, Qianjiang Procuratorate cooperated with the criminal procuratorial department through civil prosecutors, and the procuratorial organs and public security organs actively cooperated to quickly collect key testimony and objective evidence of the case. And to confirm the priority of the project price through litigation, block the implementation of the case of other companies' creditor's rights and infringe the legal rights and interests of relevant market entities, and obtain the dual effects of civil case retrial in a short period of time. While maintaining justice and authority, it has helped optimize the business environment of the rule of law and was affirmed by all parties.

The Procuratorate of Ezhou City, Ezhou City held a public hearing, successfully resolved a case of contract disputes between banks and enterprises. (Procuratorate Dai Xiaowei Gong accompany Zhu Bin)

- END -