How to better practice the judicial concept of "less caught and caught priner"

Author:Huaihua People's Broadcasting Time:2022.08.03

"Less Capture to Professor" is an important measure for the party and the country to establish a criminal judicial policy. The procuratorial organs in the new era to improve the quality and efficiency of the case and promote the governance of the source of the complaint are also an important manifestation of the release of judicial goodwill and realizing the rule of law of social governance. In recent years, the People's Procuratorate of Xiuwen County has actively transformed the judicial concept, and took multiple measures to promote the implementation of criminal judicial policies of "less caught and proclaimed", and effectively realized the organic unity of the political effects, social effects and legal effects of judicial cases.

First, change the judicial concept and improve the ability to perform their duties. Abandon the concept of "arresting" and "arrest", and the criminal judicial policies of "less caught" in the depths of the brain, closely integrated with the "procuratorial and private practical work" practice activities. Perform the function of reviewing, arrest and review and prosecution in accordance with the law, realize the supervision of the case, handle the case in supervision, play the leading role of criminal proceedings, and case of insufficient evidence after illegal evidence and the conditions of arrest and prosecution. Do not catch, do not complain, and repair the damaged social relationships to the maximum extent.

2. Establish a mechanism for interoperability and standardize review standards. Establish a linkage and coordination mechanism with the public security and courts, exchange information regularly, hold joint meetings, conduct business exchanges, further unify ideological understanding, realize the standard grasp of the standards for review and approval, gradually consistent. The pre -detention period and improvement of non -capture rates have reached consensus, and continuously enhanced the operability of non -capture or complaints. At the same time, the confession and punishment resolve the conflict throughout the lawsuit.

Third, involve the investigation in advance to avoid prosecution with "illness". Increase the intensity of the investigation work in advance, move forward the prosecutions forward, increase the number of cases such as large controversy, new types, and high attention. The agency's discussions were analyzed and summarized by cases that still fail to reach the end standard of the case investigation after the replenishment, and strictly control the evidence to avoid the case of "illness" and prosecution of the case, laying a solid foundation for efficient allegations of crime.

Fourth, release judicial goodwill and promote social harmony. Clear criminal cases such as clear facts, sufficient evidence, confession of criminal suspects, minor injuries, traffic accidents, dangerous driving, etc. of both parties have the willingness to reconcile. Forces such as grass -roots organizations, parties, and relatives, etc., build a settlement platform for the two parties, prompt the two parties to effectively resolve contradictions and disputes, reach a settlement agreement, and make relatively non -prosecution treatment in accordance with the law.

Actively integrate into the overall situation of social development, and in accordance with the relevant deployment and requirements of the corporate compliance work involved in the case of the case, the case of private entrepreneurs in accordance with the law should be prudent in accordance with the law. The actual needs of the protection and development of market players can promote the procuratorial performance and supervise the compliant operation of the enterprise involved in the case and actively rectify it to avoid "the crime is a complaint." Increase special judicial protection of minors involved in crime, and minors who have less subjective malignant first offenders, occasional crimes, overdoous criminals, no social harm, and minor crime. Prosecution and comprehensively strengthen special judicial protection for minors.

Fifth, carry out the need to review the necessity of detention, and implement less caught and be careful. Actively explore the integrated mechanism for the need to review the necessity of detention, and carry out the need for detention necessity in the entire link of criminal proceedings, especially focusing on the investigation link. Pay attention to changes in the dangerous conditions after the capture, change the compulsory measures in accordance with the law in a timely manner to avoid "one bet to the end". If there is no need to be detained, it is recommended that other case handling units or self -decided to change the compulsory measures to make the people feel the temperature of the judicialness.

6. Carry out public hearing and take the initiative to accept supervision. Public hearing for not catching or not arrested or not complaining about cases, invited the county people's congress representatives, members of the CPPCC, and people's supervisors to participate in the hearing, make full use of interpretation, strengthen the transparency of not arresting and not arresting cases, ensure the right to know the people, participate in the people of the people, participate Power, supervision power, and strive to make fairness and justice visible, touching, and feelings, make every effort to create sunshine procuratorial, release procuratorial goodwill, and realize the organic unity of social effects and legal effects.

7. Strengthen the internal inspection and evaluation mechanism. Establish a special class and investigate classes, and carry out the "first quarter investigation" of the case. From the facts of the facts of the case, the application of the law, and the political effects, the social effects, and the legal effect, the case is not arrested or the case is not arranged. The facts of facts and legal supervision work are notified, and the quality of the case will be corrected in a timely manner, and the quality of the case will be corrected in a timely manner, and the rectification will be urged. At the same time, the "assessment" command stick function was effectively exerted, and the results of the evaluation were included in the performance assessment. Combined with the prosecutor's performance evaluation system, the prosecutor's performance was comprehensively evaluated.

Author: Xu Jinzhong First -level Prosecutor

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