The Supreme People’s Procuratorate (SPP) : for the first time issued a guiding case on legal supervision of community correction

2022-04-27 0 By

On February 14, the Supreme People’s Procuratorate (SPP) held a press conference with the theme of “Deepening the Legal Supervision of Community correction to Help Promote the Construction of a Safe China”. The main agenda was to release the 33rd batch of guiding cases of the Supreme People’s Procuratorate and introduce the work of legal supervision of community correction.Second, take questions from journalists.Li Xuehui, spokeswoman for the SPP, said community correction for criminals sentenced to supervision, probation, parole and temporary execution outside prison is in line with China’s criminal justice policy of balancing justice with mercy, and helps realize the educational and saving function of punishment.On the occasion of the second anniversary of the adoption of the Community Correction Law, the SPP for the first time issued a guiding case on the legal supervision of community correction.Yang Chunlei, a member of the Party group of the Supreme People’s Procuratorate and deputy procurator-general, introduced that the implementation of legal supervision of community correction is an important duty entrusted to the procuratorial organs by law.Local procuratorial organs continue to strengthen and further promote the procuratorial work of community correction, and give more emphasis to the procuratorial supervision of key links and areas of community correction, such as delivery and execution, supervision and management, custody and execution, and discharge and leakage of supervision.Yang Chunlei introduced the main characteristics of the 33rd batch of SPC’s guiding cases at the meeting: first, it embodies the concept of comprehensive supervision.These 5 cases fully reflect the 8 supervisory duties of the procuratorial organs specified in the community correction Law and the implementation measures of the Community correction Law, which not only actively respond to the practical needs of the legal supervision of community correction, but also protect the legitimate rights and interests of the objects of community correction in accordance with the law.Second, it reflects a shift in the mode of supervision from “handling affairs” to “handling cases”.Around in the community correction for the current weak links that exist in the legal supervision, five guiding cases are clear about the way of investigation to verify and correct opinions, refining process began, circulation, and put an end to the steps, timely explored in the community correction legal supervision case public hearings and other ways, enhance the transparency and fairness of oversight.At the same time, focusing on the difficult problems in supervision, it clarified the understanding and application of legal provisions, enhanced the pertinence and effectiveness of guidance, and promoted the standardization and precision of procuratorial supervision.Third, it highlights the concept of active performance of duties.Compared with procuratorial organs handling cases such as arrest and public prosecution, criminal execution procuratorial organs are more active in performing their duties according to law.Especially community correction legal supervision, supervision of the positions in the “community”, in the people around, more need to strengthen the general situation consciousness, procuratorial organs for the people consciousness, responsibility consciousness, fully combined with regional economic development feature and the need of the people of the actual situation to carry on the profound thinking, to form the correct legal supervision idea, take the initiative to review found that supervise the clues,We will actively solve difficult problems in supervision.Fourth, it embodies the concept of win-win for all.There are many departments involved in community correction work, including not only community correction institutions, but also the units of the objects of community correction, women’s federations and juvenile protection organizations, etc. In practice, courts at all levels and public security organs are also involved.The five guiding cases all represent and reflect from different aspects that the procuratorial organs firmly establish the win-win, multi-win and win-win supervision concept, give full play to the legal supervision function, show maximum sincerity, build a benign interactive relationship, and strive to achieve the unification of political effect, social effect and legal effect in the legal supervision of community correction.Yang Chunlei introduced that the national procuratorial organs criminal execution procuratorial department will take the case release as an opportunity to further improve the quality and efficiency of legal supervision, maintain legal authority and judicial fairness and justice: (1) pay attention to the study and training of guiding cases;(2) strengthen the responsibility of performing duties and promote the “self-management” of “all management”;(3) Give full play to procuratorial function and promote innovative development of community correction.Hou Yahui, head of the Fifth Procuratorial Office of the Supreme People’s Procuratorate (SPP), said in response to reporters’ questions that the procuratorial organs are deeply engaged in supervision and fully perform their duties of community correction.The main measures are: strengthening the inspection of delivery and execution to prevent the leakage of pipe by the objects of community correction;Strengthen supervision, management and prosecution, especially focus on tracking and supervising the supervision activities of “key types”, “key crimes” and “key objects” of community correction objects, so as to prevent them from escaping from supervision;Strengthen the procuratorial work for the execution of changes, timely supervise the activities of submitting requests, rulings, decisions and termination of execution for the execution of imprisonment, and prevent violations of laws.When answering questions from reporters, Hou Yahui said that the procuratorial organs are exploring the roving procuratorial work of community correction and innovating a new model of supervision of community correction.Beijing, Tianjin, Shanxi, Zhejiang, Anhui, Henan, Chongqing and Qinghai formulated plans, lists and books for community correction roving inspection based on regional characteristics and actual work conditions, so as to promote the orderly conduct of community correction roving inspection and give full play to the dual advantages of routine inspection and roving inspection.According to Hou Yahui, procuratorial organs at all levels throughout the country have focused on checking and correcting those who have failed to take charge of their work in community correction, and have contributed to the overall security of the country.From January to November 2021, procuratorial organs across the country supervised the correction of 7,727 people out of custody and 5,855 people out of custody, and supervised the handling of 2,894 cases of custody and execution by relevant organs.Three aspects of legal supervision on community correction effect and function of justice administration of community correction in the secondary inspector pei-yong Chen said when answer questions, the legal supervision of the people’s procuratorates to promote the implementation of community correction method, promote the development of community correction work in high quality at least the following three aspects: the positive influence and important role:First, we will promote strict regulation in accordance with the law and improve work standards.Second, we will promote fair and civilized law enforcement and enhance the effectiveness of rectification.Third, to promote the formation of joint work, enhance judicial credibility.Liu Fuqian, deputy director of the Fifth Procuratorial Office of the Supreme People’s Procuratorate, said that since 2021, the procuratorial organs throughout the country have intensified the supervision work of community correction while carrying out the special rectification work of illegal “temporary leave reduction” chronic problems.(1) Focus on supervising community correction institutions to strengthen the supervision and management of the objects of temporary execution of community correction outside prison, and prevent illegal temporary execution outside prison.From January to November 2021, procuratorial organs handled 1,491 cases of temporary execution outside prison.(2) Promote community correction institutions to strengthen the supervision and management of parole community correction objects.(3) Accurately grasp the entity conditions and procedural requirements of commutation applicable to the object of community correction to prevent illegal commutation.In haidian district of Beijing qinghe street west of a director of community residents’ committees, community correction pinson team when answer a reporter’s question, said in community correction, the procuratorial organs in accordance with the law to carry out in-depth community legal supervision, trying to identify potential risks in time, accurate supervision opinions, promote the improving of the community work.When answering questions from reporters, Hou Yahui said that the criminal enforcement department of the procuratorial organs has always attached great importance to the protection of human rights and the legitimate rights and interests of the objects of community correction in accordance with the law. The main experience and practices are as follows:First, we will safeguard the legitimate rights and interests of those subject to community correction in accordance with the law and consciously serve the overall interests of economic and social development.Second, we will protect the legitimate rights and interests of those subject to community correction in accordance with the law while addressing the “urgent and urgent needs” of the public.The third is to protect the legitimate rights and interests of the objects of community correction in accordance with the law and accept complaints and accusations of the objects of community correction.Source: Supreme People’s Procuratorate