|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
The Decision of the Supreme People's Procuratorate on Further Strengthening the Public Prosecution Work has been approved by the leader of the Supreme People's Procuratorate, and is hereby distributed to the localities for execution. If any problem is encountered during the execution, please pass it on to the department of public prosecution. DECISION ON FURTHER STRENGTHENING THE PUBLIC PROSECUTION WORK For a long time, the people's procuratorates at various levels of the whole country have firmly built up the idea of serving the overall work arrangements of the party and state, earnestly performed the function of public prosecution, severely combated against various kinds of crimes according to law, and made significant contributions to maintain the social stability, guarantee the smooth progress of the reform and opening, and the socialist modernization construction. At the present time, China has entered a new development phase of building a well-off society in an all-round way and of speeding up the socialist modernization construction, with the implementation of the principle of managing state affaires according to law, and especially after China's access to the World Trade Organization (WTO), the pubic prosecution work is facing new opportunities and challenges. The law endows the procutorate organs with important judicial powers, such as the power of prosecution, the power of nol-pros, the power of protest, and the power of supervision over criminal litigation, requires the public prosecutors to exercise the authorities according to law, normalize the law enforcement acts, and keep enhancing the quality of case handling. The large number of criminal cases and the reform of the ways of court trial require the public prosecution departments to improve the quality of their officers, make innovation of the public prosecution mechanism, and complete the burdensome tasks. In order to adapt to the requirements of the development of situations, to earnestly implement the procuratorate work theme of "strengthened supervision and just enforcement", and to actively promote the procuratorate work to develop with the times, the following decision is made to further strengthen the public prosecution work: I. BUILDING UP THE CORRECT IDEA OF PUBIC PROSECUTION AND FULLY PERFORMING THE PUBLIC PROSECUTION FUNCTION 1. To strengthen the public prosecution work under the great banner of Deng Xiaoping Theory and the guidance of the important Three Represents' thoughts. The procuratorate organs shall enhance the sense of overall situation, and serve the overall situation of the reform, development and stability through correct performance of the public prosecution function according to law. The procuratorate organs shall implement the guiding spirit of the central party to maintain the stability, take the maintaining of social stability as the primary task of the public prosecution work, and through strict combat against the crimes according to law, guarantee the political stability and economic safety of the state, maintain the public security order of the society, and create a favorable legal environment for the reform and opening, and for the socialist modernization construction. 2. Correctly understanding the status of the public prosecution work, and brining into full play the public prosecution function. It is a basic duty of the procuratorate organs to file public prosecutions and charge against crimes on behalf of the state, and the public prosecution work is an important link in the prosecution against crimes and stands at a connecting position in the criminal litigations of the state. Public prosecution function is an important function the state laws vest in the procuratorate organs, it directly reflects the law enforcement level of the procuratorate organs and connects with the legal image of the state. 3. Voluntarily adapting to the new situations, and establishing the judicial ideas of justice and effectiveness. The procuratorate organs shall lay equal stress on the punishment of crimes and the guarantee of human rights, on the substantial laws and the procedural laws, shall earnestly resolve the issues of neglect of the guarantee of human rights and the ignorance of procedural laws, and shall attach importance to equal protection of the legitimate rights and interests of the litigation parties according to law. The procuratorate organs shall, strictly in accordance with the principles of public prosecution, correctly carry out the criminal policies, put the quality of case handling at an importance place, and stick to the organic unification of the legal effects, political effects and social effects of the case handling. 4. Firmly building up the sense of evidence, and improving the ability and level of use of evidences. The core of the public prosecution work is to examine the evidences to judge the nature of the case, and to use the evidences to charge and prove the crime. The examination of evidences must be all-around and objective, and attention shall be paid not only to the evidence of the existence of guilt and the heavy guilt of the criminal suspect or defendant, but also to the evidences of innocence and light guilt. The procuratorate organs shall correctly grasp the evidencing standards for "the crime facts are clear and the evidences are true and adequate", study and formulate the reference evidence standards for ordinary crimes, and keep improving the ability and level of the use of evidences. 5. Actively advocating the spirit of innovation, and striving to promote the reform of public prosecution. The reform of public prosecution is the motivity driving the development of public prosecution work. The reform of public prosecution shall aim at maintaining the judicial justice, lowering the litigation costs, and improving the litigation efficiency and the quality of case handling, shall actively explore rational investigation systems, argumentation systems and trial systems, and establish the public prosecution system with Chinese characteristics. The reform of public prosecution shall be carried out within the framework prescribed by the basic laws of the state, abide by the laws of litigation, base on the actual situations of China, refer to the helpful experience of foreign countries, and proceed in a planned, step-by-step, and active and stable way. II. STRIVING TO IMPROVE THE LEVEL OF LAW ENFORCEMENT AND STRENGTHENING THE OPERATIONS OF PUBLIC PROSECUTION 6. Intervening in the investigation in proper time according to law and guiding the investigation organs (departments) to collect the evidences. The procuratorate organs shall strengthen the contact and cooperation with the investigation organs (departments), establish and perfect the system of joint meeting, adhere to intervening in the investigation in proper time with respect to major cases, and guide the activities of evidence collection according to law. The procuratorate organs shall, pursuant to the requirements on attending court session for public prosecution, present instructional opinions and suggestions on the work of evidence collection, evidence fixation and evidence improvement by the investigation organs (departments). 7. Supervising the investigation activities according to law. The criminal suspect's confession, victim's statements and witness's testimony collected through illegal means such as extorting by torture, threatening, alluring, or deceiving, may not be used as evidences to charge against a crime. With respect to the acts violating the criminal litigation law such as extorting a confession by torture, seeking private benefits through wrongful means, collecting evidences in violation of law, or arbitrarily changing the enforcement measures, in the investigation activities, the procuratorate organs shall present the opinions on getting such acts right; where a crime is constituted, the case shall be transferred to the relevant departments for criminal liabilities. The prosecution against the evaded crimes and criminals shall be strengthened to prevent the criminals from escaping from the punishment of law. 8. Seeing to protect the legitimate rights and interests of the criminal suspects and the defendants. The procuratorate organs shall strictly carry out the informing system and guarantee that the criminal suspects and the defendants know their litigation rights in good time. The procuratorate organs shall carefully deal with the pleadings, appeals, and charges of the criminal suspects and the defendants, and objectively and accurately determine the facts of the cases. The procuratorate organs shall help the defendants that have not retained any lawyer due to the reasons of economic difficulty, to get legal assistance. In the simplified trail of any case that applies the summary procedures or ordinary procedures and in which the defendant pleads guilty, the opinions of the defendant shall be respected, and the consent of the defendant shall be taken as the premise for the application. 9. Supporting the lawyers to perform the defense duties according to law. In the phase of examination and prosecution, the lawyers shall be supported to intervene in the criminal litigation in proper time and to meet the criminal suspects in custody. The procuratorate organs shall provide conditions for the lawyers' collection of evidences, carefully listen to their defense opinions, accurately find out the criminal facts, and correctly apply the law. The procuratorate organs shall study and explore the mode of evidence exchange, explore the method in which the prosecuting party and the defense party exchange the evidence materials and information before the trial, and thus to promote the judicial justice. 10. Exercising the power of nol-pros according to law, and promoting the system of open review of nol-pros cases. With respect to any case that is very disputable and has relatively large social influence at the locality, an open review may be carried out if the public prosecution organ is going to make the nol-pros decision upon the examination. The procuratorate organ shall, in the review, adequately listen to the opinions of the investigation organ (department), the criminal suspect, the victim, and the persons entrusted by the criminal suspect and the victim, and thus to ensure the justice of the nol-pros decision. 11. Promoting separation of complicated cases and simple cases and improving the litigation efficiency. On the basis of guaranteeing the case handling quality, the procuratorate organs shall actively suggest or agree the people's courts' application of summary procedures with respect to the cases meeting the conditions for summary procedures. The procuratorate organs shall actively try to reform the simplified trial of the cases that apply ordinary procedures and in which the defendants plead guilty, shall rationally use the judicial resources, and concentrate the time and energy to handle the major, difficult and complicated cases. 12. Centering on attending court session for public prosecution, and improving the level thereof. The traditional mode of the conclusion report of examination and prosecution shall be reformed, and adequate preparations shall be made for the court session on the basis of formulation of the preliminary plan on attending court session for public prosecution. The computer multimedia system for showing evidences shall be promoted in the court session of public prosecution, and the witnesses shall be encouraged to appear on the court for testimony. The procuratorate organs shall adapt to the requirements of intensified opposability and argumentation of court sessions, and keep improving the level of court cross-examination and skills of argumentation of the pubic prosecutors. The public prosecutors shall present the facts, evidences and laws when attending the court session for public prosecution, and shall not only give definite opinions on the determination of crime, but also make specific suggestions on the sentencing, and thus to convince others by reasons and erect a good image of just law enforcement by the procuratorate organs. 13. Advocating the chief procurator and the procurator in charge to handle the cases and appear on the court in person. The chief procurator shall handle at least one case a year, and the procurator in charge shall, each year, handle at least two public prosecution cases filed by the procuratorate he/she works for, and shall attend the court session of the first instance to support the public prosecution. The leaders of the procuratorates at various levels shall inspect, direct and promote the public prosecution work through selective inspection of cases, auditing the court sessions, viewing and emulating the court comments. 14. Enhancing the sense of trial supervision and strengthening the supervision over criminal trials. The procuratorate organs shall, according to the principles of "prudence, accuracy, and being timely", file protests with respect to the cases of serious crimes and of major duty crimes of which the judgments or rulings are really erroneous, as well as the cases that the people have strong opinions against the unjustness in judicial proceedings. The procuratorate organs shall strictly control the standards for protesting, improve the quality of the handling of criminal protest cases, and guarantee the accuracy of the criminal protests; stress shall be laid not only on the cases in which the existing crimes have not be convicted, but also the cases in which light punishments are given to serious crimes, and also the cases in which heave punishments are given to minor crimes, and thus to guarantee the completeness of criminal protests. With respect to the acts violating the laws in the activities of criminal trials, the procuratorate organs shall present the opinions on getting right such acts according to law. 15. Strengthening the building of normalization and institutionalization, and improving the whole level of the public prosecution work. The procuratorate organs shall, according to the laws and characteristics of the public prosecution work, formulate the relevant work procedures, and establish and perfect the function mechanism of public prosecution. The procuratorate organs shall keep improving the quality standards for the prosecution cases and nol-pros cases, organize case assessments in fixed terms, and gradually improve the case handling quality. Mandarin shall be fully spread in the court sessions, and the court languages shall be normalized. The procuratorate organs shall make normalized legal documents strictly in accordance with the Format of Legal Documents of the People's Procuratorates (Sample). And the procuratorate organs shall stick to and improve the system of reconsideration and review, the system of record and examination, and the system of case inspection. III. STRENGTHENING THE LEADERSHIP OVER THE PUBLIC PROSECUTION WORK, AND BUILDING A HIGH-QUALITY PROCURATORATE TEAM 16. Strengthening the leadership over the public prosecution work, and laying great stress on the development of the public prosecution work. The leaders of the procuratorates at various levels shall bring the public prosecution work into important work schedule, study the issues regularly such as the reform of public prosecution, the building of public prosecution team, and the normalized administration of the public prosecution work, and provide adequate guarantee in terms of human resources, finance and energy. The procuratorates at higher levels shall strengthen the macro-direction, see to find out and resolve the problems existing in the public prosecution work of the procuratorates at lower levels, and strengthen the direction over the public prosecution work for the major and important cases and the difficult and complicated cases. The procuratorates at lower levels shall request for instructions and make reports in good time when encountering major problems, matters and cases, and shall firmly execute the decisions of the procuratorates at the higher levels. 17. Improving the professional level of the public prosecutors, and building a high-quality and professional public prosecution team. The procuratorate organs shall actively promote the system in which the principal procurator assumes full responsibility for the case he/she handles, shall select the principal procurator strictly in accordance with the conditions and procedures provided for by the Supreme People's Procuratorate, and ensure that the principal procurator is assumed by the procurators with high political quality, strong work ability, and the independent case handling ability. Each public prosecutor shall go through work training, investigation research and theoretical study for at least 15 days each year. And work training and post exercise shall be applied to foster a group of professional public prosecutors that grasp the characteristics and skills for the court sessions of various kinds of criminal cases. 18. Providing the public prosecution departments with adequate case handing personnel, and ensuring the strength of the public prosecution team. The procuratorates at various levels shall, according to the public prosecution tasks, such as the number of the prosecution cases that shall be accepted in one year, determine the number of personnel of the public prosecution departments rationally. The procuratorate of a locality where the rate of exposed cases is high and the number of prosecution cases is large shall increase the number of public prosecution personnel accordingly. Attention shall be paid to keep the key public prosecutors and avoid the loss of excellent public prosecution talents. 19. Perfecting the supervision and restriction mechanism, and strictly executing the case handling disciplines. The supervision and restriction over the principal procurators and other public prosecutors must be based on the building of systems, and be carried out in combination with the daily administration and annual assessment, and attention shall be paid to combine pre-supervision with post-supervision, combine external supervision with internal supervision, and combine ordinary supervision and regular supervision. The law-breaking and discipline-breaking cases occurring in the public prosecution team shall be punished firmly, and with respect to the acts of corruption and accepting bribes, practicing favoritism and perverting the law, and abusing the authorities, the legal liabilities shall be investigated for. 20. Establishing the perfecting the incentive mechanism, and guaranteeing the smooth progress of the public prosecution work. The procuratorates at various levels shall protect the work enthusiasm of the public prosecutors, and shall give those personnel necessary spiritual or material awards according to the principle of unification of the responsibilities and rights and according to the court attending characteristics and the number of cases they handled. With respect to the principal procurators that meet the conditions, their post grade treatments shall be settled by priority, and the procuratorates with necessary conditions shall grant post subsidies to the principal procurators. The procuratorate organs shall actively seek support from the local party committees and governments to guarantee the fund, material conditions, and technical equipment needed for carrying out the public prosecution work, especially the equipping of computer multimedia system for showing evidences pursuant to the requirements of strengthening the procuratorate work through science and technology, to development the computer management system applicable to various kinds of public prosecution work, and thus to enhance the level of office automatization and modernization of case handling. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|