Liu Fuzhi, Chief Prosecutor of the Supreme People's Procuratorate
Distinguished representatives:
1. Situation in combating corruption and bribery crimes
The Seventh National Since the first session of the People’s Congress, the Supreme People’s Procuratorate has, in accordance with the spirit of the Congress on strengthening socialist democracy and the socialist legal system, performed the legal supervision responsibilities entrusted by the Constitution, led local people’s procuratorates at all levels and specialized procuratorates at all levels, and actively participated in the construction of a clean government. , launched a fight against corruption and bribery crimes. We have listed this struggle as the top priority of the procuratorial organs in combating economic crimes and have made it a focus of the procuratorial work, and have achieved certain results.
In the fight against corruption and bribery, the procuratorial organs have focused on the following tasks:
First, carry out reporting work, mobilize and rely on the masses to report corruption and bribery criminal activity. In May 1988, the Supreme People's Procuratorate promoted the experience of the Shenzhen Municipal Procuratorate in establishing a reporting center. After July of the same year, procuratorates at all levels across the country successively established reporting agencies. By the end of 1988, 2,784 procuratorates across the country had established reporting centers (stations) or set up reporting hotlines, and 158 large and medium-sized cities had established reporting centers. In the second half of 1988, various reporting agencies accepted more than 147,000 reporting materials, most of which fell within the scope of party and political disciplines and have been transferred to relevant departments for processing; more than 52,000 reporting issues reflected corruption and bribery, and the procuratorate is currently investigating. More than 5,700 cases have been opened for investigation, and there are more than 1,500 major cases worth more than 10,000 yuan. The number of major cases filed through reporting channels accounts for 50% of the more than 2,900 major corruption and bribery cases filed and investigated by the procuratorial organs. These situations show that reporting work plays a significant role in the fight against corruption and bribery crimes. Most of the major cases that have been disclosed in newspapers were solved through reporting clues. Over the past six months, we have investigated issues involving 241 department-level cadres. Preliminary identification: 15 people are true (8 cases have been filed, 2 arrested, and 1 prosecuted); 88 people are under investigation; 115 people fall within the scope of party discipline and political discipline and have been transferred to relevant departments for investigation; 23 people have false reports people. The report materials involve 19 provincial and ministerial-level cadres, and the problems of 4 people are under investigation; 11 people who fall within the scope of party discipline and political discipline have been transferred to relevant departments for investigation and punishment; 4 people have false reports.
Mass reports provide the procuratorial organs with a large number of valuable case clues, effectively strengthen the mass base for the procuratorial organs to carry out anti-corruption and bribery crimes, and also promote the acceptance of accusations and appeals. Last year, procuratorates at all levels across the country accepted 934,025 complaints and appeals, and investigated and dealt with a large number of problems directly reported by the masses. In carrying out the reporting work, we emphasize that we must pay close attention to the central links of "timely investigation and punishment" and "information feedback". At present, the reporting work has begun to build a certain momentum and initially demonstrated its power. In the second half of 1988, more than 650 people across the country surrendered to the procuratorate with stolen money and property, totaling more than 6.23 million yuan. Those who surrender or turn themselves in will be treated leniently by the procuratorial organs and people's courts in accordance with the law. Practice has proved that the effect of reporting work is very good. On the one hand, it creates convenient conditions for the people to exercise their rights to accuse and appeal; on the other hand, it opens up an effective way for the procuratorial organs to rely on the masses to crack down on corruption and bribery crimes.
Second, prosecutors general at all levels take the lead in handling cases and in investigating major and important cases. In April last year, we asked leading cadres of procuratorates at all levels across the country to take the lead in handling cases and to focus on investigating and handling major and disruptive cases. The prosecutor general must lead by example and personally go deep into the front line of case handling, seriously and responsibly guide the investigation, evidence collection, analysis, research, and review of evidence, and help eliminate interference and solve difficulties. Prosecutors general in many places have done this. They participate in the entire process of review before filing a case, investigation after filing a case, decision to arrest, pre-trial, review for prosecution, and court appearance for prosecution. They have implemented effective leadership and gained the initiative. There are currently more than 10,250 prosecutors general and deputy prosecutors at all levels across the country, and more than 7,000 people have personally participated in handling cases.
In the past year, the Supreme People's Procuratorate sent 27 case-handling teams to various places, with chief and deputy prosecutors, more than 30 prosecutors, and more than 50 assistant prosecutors participating in this work. Procuratorates from various provinces, autonomous regions, and municipalities directly under the Central Government have dispatched nearly a thousand prosecutors to grassroots procuratorates to participate in and help handle cases. This has played a role in promoting the fight against corruption and bribery crimes.
Third, concentrate manpower and material resources to handle more cases and major cases. Wherever this is done, the results are better. According to reports from the procuratorates in Beijing, Tianjin, Shanghai, Guangdong, and Zhejiang, the number of corruption and bribery criminal cases handled in 1988 increased by about 10% compared with 1987. The number of major and important cases handled increased by about 15%; the number of major corruption cases filed for investigation in the second half of last year increased by about 11% compared with the first half of the year, and the number of major and major bribery cases increased by about 74%.
Fourth, strengthen ties with the Party’s Discipline Inspection Commission at all levels, government supervision, auditing, industry and commerce, taxation, customs and other administrative law enforcement departments to integrate legal supervision with Party discipline supervision and administrative supervision. The Supreme People's Procuratorate has jointly issued notices on strengthening cooperation and collaboration with the Central Commission for Discipline Inspection of the Communist Party of China and the Ministry of National Supervision, and has also established a system for timely transfer of cases to each other with other relevant departments. This system of collaboration and cooperation plays a very good role in promptly discovering and investigating crimes.
Fifth, it is emphasized that we must adhere to the principles of being firm, prudent, and must be accurate, and handle cases strictly in accordance with the law. We require procuratorial organs at all levels to regard the quality of case handling as the lifeblood of procuratorial work. In actual work, procuratorial organs at all levels have concentrated their efforts on carrying out investigation work, with the main goal of finding conclusive evidence; they have carefully handled cases with unclear legal boundaries, unclear policy boundaries and divergent opinions; and resolutely corrected the "use of arrest instead of investigation" We must make good decisions about arrests and prosecutions.
At the same time, the procuratorial organs also closely cooperate with tax, financial, and price inspections to discover and investigate economic crime cases. Last year, procuratorial organs across the country investigated and dealt with 4,479 cases of tax evasion and tax resistance, 430 cases of trademark counterfeiting, and 309 cases of misappropriation of public funds. By investigating and handling these cases, the order of national taxation and industrial and commercial administration has been maintained.
In 1988, in the fight against economic crimes, procuratorial organs nationwide accepted more than 66,300 cases of various types, including corruption, bribery, tax evasion, tax resistance and other crimes, an increase of 11% over the previous year, and more than 31,200 cases were opened for investigation. cases (including corruption and bribery crimes accounting for 65%), an increase of 0.9% over the previous year, and the total amount of stolen money and stolen goods (discounted money) seized was more than RMB 423 million.
In order to investigate and deal with the criminal cases of speculation in the business activities of enterprises, institutions, agencies, and groups, the Supreme People's Procuratorate, in conjunction with the Supreme People's Court, formulated and published judicial interpretations on handling the crimes of speculation in enterprises, institutions, agencies, and groups. According to statistics, from October 1988 to January this year, procuratorial organs nationwide approved the arrest of 480 such speculative criminals, including 74 major criminals; 206 cases of 388 people were prosecuted, and 50 cases of 111 people were exempted from prosecution. If certain state functionaries use their powers to facilitate speculative activities and commit corruption or bribery crimes, the procuratorial organs will accept the case in accordance with the law and file the case for investigation and punishment.
Judging from the problems that have been exposed, the current crimes of corruption and bribery mainly have the following five outstanding features: First, the amount of corruption and bribery is large. According to statistics on cases filed for investigation in 1988, there were 122 cases of corruption and bribery involving 100,000 to 500,000 yuan, 22 cases of 500,000 to 1 million yuan, and 15 cases of more than 1 million yuan. It has never happened before that so many huge amounts of corruption and bribery cases were uncovered in one year. Second, there are many people at the grassroots level who are in charge of real property rights. Nearly 70% of the perpetrators are factory directors, managers, accountants, purchasers and other personnel of enterprises and institutions. Third, most of them occur in banks, construction, food, supply and marketing, and material systems. Fourth, the methods of committing crimes are cunning and secretive. Some bribery and bribery are group crimes, and more are single-line contacts. Often there is no scene and no traces are left. Investigation and evidence collection are very difficult. Fifth, cases of corruption and bribery in foreign economic activities have increased.
Some criminals solicit or accept bribes from foreign and overseas businessmen, and the amount of crime committed is large. Some of them abscond with the money after committing the crime.
Judging from the problems that have been exposed, the crime of corruption and bribery is serious and harmful, and the people deeply hate it. Since the launch of the crackdown on serious economic crimes in 1982, the procuratorate has opened and investigated nearly 160,000 cases of corruption and bribery in the past seven years, including more than 127,000 corruption cases and more than 31,000 bribery cases. Some of the criminals are habitual offenders, but the vast majority of them degenerate and commit crimes under the evil spirit of "all they care about is money." They are obsessed with money, forget their loyalty for profit, exchange power and money, embezzle socialist property without restraint, undermine the construction of the four modernizations, endanger the implementation of reform and opening up policies, poison social atmosphere, and tarnish the reputation of the party and the government. They are the moths and thieves in the socialist building. We believe that in the primary stage of socialism and in the development of a planned commodity economy, objectively there is still soil for corruption and bribery to breed and spread. The fight against corruption and bribery is a fight between corrosion and anti-corruption. The procuratorial organs must persist in a long-term struggle and insist on severely punishing corruption, bribery criminals and other serious economic crimes in accordance with the law.
Judging from the problems that have been exposed, generally speaking, the staff of the party and state agencies are honest and law-abiding. There are always a small number of people who become corrupt and bribe-taking criminals. Of course, we cannot relax our fight against corruption and bribery crimes because of this, nor can we relax our education on political integrity and the construction of a clean government. The procuratorial organs wholeheartedly welcome and seriously accept reports on corruption and bribery issues from any quarter and any individual, and hope to tell everything they know. No matter who is involved in corruption or bribery, the procuratorial organs must investigate seriously, be loyal to the facts and the law, and handle cases impartially without mercy. We provide legal protection to whistleblowers and punish those who dare to retaliate in accordance with the law. At the same time, we are also vigilant against those who make false accusations. The procuratorial organs must adhere to the independent exercise of procuratorial power in accordance with the law and handle cases strictly in accordance with the law. They can overcome the phenomenon of using words to replace the law and use power to suppress the law, and can also eliminate interference that ignores the facts and is irresponsible. The procuratorial organs adhere to the socialist legal principle that all citizens are equal before the law, based on facts and the law, and must abide by the law, enforce the law strictly, and prosecute violations to ensure that the cases we handle can withstand the test of history. .
The Central Committee of the Communist Party of China, the Standing Committee of the National People's Congress, and the State Council attach great importance to strengthening the construction of a clean government and eliminating corruption. The general public is very concerned about and supports the investigation and handling of corruption and bribery crimes. This creates favorable conditions for the work of the procuratorial organs. Paragraph 2 of Article 13 of my country’s Criminal Procedure Law stipulates: “Corruption, violations of citizens’ democratic rights, dereliction of duty, and other cases that the People’s Procuratorate deems necessary to directly accept shall be filed for investigation and decision by the People’s Procuratorate whether to initiate public prosecutions.” According to this, Directly accepting, filing and investigating cases of official crimes such as corruption and bribery are important responsibilities entrusted to the procuratorial organs by the law and an important task that the procuratorial organs have an unshirkable duty. In 1988, although the procuratorial organs did a lot of work in anti-corruption and bribery crimes, there were still some shortcomings and problems. The most prominent one was the low efficiency of case handling. The main reason was that the supervision, inspection and guidance of the Supreme People's Procuratorate were not strong enough; some Local investigation and prosecution work is not done well. In 1989, we must invigorate our spirits and continue to carry out an in-depth fight against corruption and bribery crimes. We must do a good job in reporting, concentrate on investigating major and important cases, strengthen investigation and pre-trial work, and strengthen the construction of investigation facilities. We must conscientiously sum up experience, strengthen the construction of anti-corruption institutions, train anti-corruption and anti-bribery experts, promote the construction of a clean government, and achieve significant results in achieving the strategic goal of reducing the harm of corruption and bribery crimes to a minimum.
2. Combating criminal activities
Combating criminal activities has always been the focus of the procuratorial organs. Over the past year, the procuratorial organs have worked closely with the public security organs and the people's courts to resolutely implement the policy of severe and expeditious prosecution in accordance with the law and continue to crack down on serious criminal offenders.
In 1988, procuratorial organs nationwide accepted 472,361 criminals submitted by public security agencies for approval of arrest, and after review, 404,386 criminals were approved for arrest, an increase of 20.3% over 1987. 441,480 criminals were transferred for prosecution by the public security organs, and 381,202 criminals were prosecuted after review, an increase of 16.2% from 1987. By the end of 1988, 319,130 ??criminals who had been prosecuted by the People's Court had been convicted by the People's Court. 318,446 people were sentenced. Procuratorates at all levels hunted down and prosecuted 12,073 criminals during investigation supervision and trial supervision. Among the several categories of serious criminals approved for arrest, there were 12,041 murderers, an increase of 11% over 1987; 43,829 robbers, an increase of 59.9%; 25,084 intentional injury offenders, an increase of 7.8%; and 38,748 major thefts. number of rapists, an increase of 75.8%; the number of rapists was 30,112, a decrease of 14.1%. The above statistics show that ordinary criminal cases are on the rise, and cases of homicide, robbery, and grand theft have increased significantly.
In the past year, the procuratorial organs have mainly done the following five tasks in combating criminal crimes:
1. Targeting the characteristics of criminal crimes and prominent problems in public security in various places, and Relevant departments have launched special campaigns of different scales and content in a timely manner, striving to reduce the harm caused by criminal crimes to social order and people's safety, and stabilize public security order.
2. Closely cooperate with the public security organs, and generally implement the system of early intervention in the investigation and pre-trial activities of major criminal cases. According to statistics from the procuratorates of 10 provinces, autonomous regions and municipalities including Beijing, Tianjin, Shanghai, Liaoning, Zhejiang, Jiangsu, Hubei, Shandong, Guangdong and Guangxi, more than 16,950 early intervention investigations were conducted in 1988. Intervening in investigation and pre-trial activities in advance has achieved good results, which is conducive to mutual restraint and cooperation, correct implementation of the law, ensuring the quality of case handling, and accurately cracking down on criminals; at the same time, it is conducive to strengthening legal supervision of investigation activities.
3. During the process of investigation supervision and trial supervision, the procuratorial organs made decisions not to approve the arrest of 39,997 people who were requested to be arrested by the public security organs and did not meet the legal arrest conditions after review; Decisions not to prosecute were made for 2,720 people who did not commit crimes. 4,982 illegal acts were corrected in the investigation activities of public security organs; 1,918 illegal acts were corrected in the trial activities of the people's courts. The People's Procuratorate filed 1,779 appeals against judgments and rulings that the People's Court believed were indeed erroneous. By the end of 1988, it had received 453 judgments and rulings from the People's Court that had changed the judgment and upheld 268 original judgments.
4. Highlight the word "accurate" when handling cases. In early 1988, the Supreme People's Procuratorate issued a notice to improve the quality of arrest approval and prosecution work. It is required to strictly examine evidence, accurately implement the law, and grasp the boundaries between crimes and non-crimes, so as to ensure that no crime is committed in vain. Throughout the year, the accuracy rate of arrests nationwide reached 99.5%, and the accuracy rate of prosecution cases reached 99.8%.
5. Support the correct exercise of the right to self-defense, and protect and encourage the enthusiasm to fight against criminal behavior. The procuratorial organs will resolutely provide legal protection for the act of legitimate defense in accordance with the law, especially the act of injuring or killing criminals while performing official duties in accordance with the law, when state property, personal life, and property of others are seriously threatened by criminal acts. Use typical examples to promote the legal system, praise advanced figures and deeds who have acted bravely for justice, so that people can understand the legal significance of legitimate defense and have the courage to fight criminals face to face.
The overall situation in our country is good and it is stable and united. But in terms of social security, the situation is quite grim. At present, the number of criminal crimes in many cities, along railways, highways and open coastal areas has increased, and criminal activities are quite prominent; the proportion of crimes that seriously endanger social security, such as homicide, robbery, injury, theft, and hooligan nuisance, has increased, and theft crimes and escaping There are many crimes committed. Social evils such as prostitution, abduction and trafficking of women and children, dissemination of obscene materials, and gatherings for gambling have been repeatedly banned, and the public has great opinions.
Our country is in the primary stage of socialism and is currently undergoing the transition between the old and new economic systems. There are many social contradictions and unstable factors. A large number of social contradictions are internal contradictions among the people, and there are also contradictions between ourselves and the enemy. Contradictions among the people are various and complex, and some of them are quite acute. In our society, the contradiction between ourselves and the enemy is still an objective existence that cannot be ignored. We must realize that there are still some criminals in the country who are enemies of the people and society. There are criminals who are afraid of instability and want to undermine social stability and socialist construction. There are criminals who are trying to split the motherland. . Foreign and foreign countries are also constantly sending spies to us. Faced with this complex situation, procuratorates at all levels and prosecutors must pay close attention to social security trends, correctly understand the situation, and maintain a clear head and vigilance.
At present, there are many new situations and new problems in social security, and the reasons are complex. We believe that objectively it is because there are still conditions in our society that induce and foster criminal crimes. In the new situation of opening up to the outside world, some negative things have also been introduced. From a subjective point of view, our country's legal system is not sound enough, various rules and regulations are not perfect enough, management work cannot keep up, comprehensive social security management measures are not implemented, and there are varying degrees of non-compliance with the law and lax enforcement of the law among a small number of prosecutors. phenomenon is also an important reason. Therefore, solving this problem is a long-term, arduous and complex systematic project that requires the joint efforts of the whole society. The procuratorial organs and all prosecutors must work hard to improve their work, be loyal to their duties, strictly enforce the law, and do their jobs well.
According to the spirit of the National Political and Legal Work Symposium convened by the Central Committee of the Communist Party of China not long ago, in 1989, the procuratorial organs must unswervingly crack down on serious criminal offenders in accordance with the law, and punish serious criminals in accordance with the law. Economic criminals. In terms of maintaining public security, we must work closely with relevant departments, adopt centralized crackdowns and centralized rectification measures, and focus on the fight against criminal crimes in large and medium-sized cities, transportation trunk lines, and open coastal areas; we must combine case handling and carry out comprehensive management work, especially It is a comprehensive management of juvenile crimes, providing timely procuratorial suggestions to relevant departments and units, helping the units responsible for the crime to establish and improve rules and regulations, plug loopholes, and prevent crimes.
Over the past year, prison procuratorial work has strengthened legal supervision over the execution of judgments and rulings in criminal cases and the supervision of activities in rehabilitation facilities. There are 59 dispatched procuratorates and more than 580 on-site procuratorate teams set up in the areas of supervision and transformation sites. The prison procuratorial department cooperated with the supervision and reform department to promptly crack down on the criminal activities of reform-through-labor prisoners and re-education-through-labor personnel during their reform period, and prosecuted 5,921 criminal cases of reform-through-labor prisoners and re-education-through-labor personnel in accordance with the law. Criminal cases such as corporal punishment, abuse of reform-through-labor prisoners and re-education-through-labor personnel, as well as malpractice for personal gain, private release of criminals, and dereliction of duty in supervision and reform facilities were investigated and dealt with in accordance with the law. Last year, the *** opened 159 criminal cases for investigation by police officers in supervision and rehabilitation facilities, of which 71 people have been sentenced. At the same time, we carefully handled the appeal cases of reform-through-labor prisoners and re-education-through-labor personnel, so that the erroneous or inappropriate judgments and decisions made by relevant departments on 560 reform-through-labor prisoners and 60 re-education-through-labor personnel were corrected.
3. Investigation and handling of cases infringing on citizens’ democratic rights
In order to strengthen the procuratorial work of protecting citizens’ democratic rights, the Supreme People’s Procuratorate has established a Law and Discipline Procuratorate, and procuratorates at all levels have also improved laws and disciplines. Prosecutorial agency. Throughout the year, the government accepted more than 40,450 cases of various legal crimes, an increase of 7.8% over 1987, and opened more than 12,000 cases for investigation, an increase of 10.2% over 1987. Among the cases filed for investigation, there were more than 4,700 cases in which judicial staff and grassroots cadres violated citizens' democratic rights and personal rights, an increase of 17.4% over 1987. Among them, there were 167 cases of torture to extract confessions, 254 cases of false accusation and frame-up, and illegal detention. 2498 cases. Among such cases that violated citizens' democratic rights and personal rights, there were 227 major cases that resulted in injury, disability, or death.
There were more than 8,000 cases of dereliction of duty and serious liability accidents involving state agency staff and managers of enterprises and institutions due to serious dereliction of duty or illegal operations or blind instructions, resulting in heavy losses to people's lives and state property, resulting in 5,204 deaths and 3 direct economic losses. ．200 million. In cases of criminal dereliction of duty, 65 department-level cadres and 5 department-level cadres were held criminally responsible.
The cases handled by the Law and Discipline Procuratorate are mainly criminal cases in which state agency staff, judicial staff and grassroots cadres took advantage of their powers to infringe on citizens' rights. In investigating and handling cases and eliminating interference, we have received support from party and government agencies at all levels, the People's Congress and its Standing Committee. The procuratorate's investigation and handling of cases of official crimes that infringe upon citizens' democratic rights, personal rights, and dereliction of duty is an important task in promoting the construction of socialist democratic politics. In the future, we must further strengthen the investigation and handling of major and important cases. Those who violate criminal laws, regardless of their position, must enforce the law impartially and maintain the uniform implementation of the law.
In order to improve the legal supervision functions of the procuratorial organs, in accordance with the provisions of the Civil Procedure Law (Trial), we have carried out pilot work in a few grassroots procuratorates to implement legal supervision of the civil and administrative trial activities of the people's courts. With the support of the local Congress Standing Committee and the People's Court, some useful experience has been gained. A review and summary is currently being carried out to ensure that the pilot work is carried out steadily in accordance with the law and legal supervision responsibilities are correctly performed.
4. Law Enforcement Situation and Team Building
The procuratorial organ is the country’s legal supervision agency. In order to improve the level of law enforcement, summarize experience and lessons, and enhance the quality of the team, in the second half of 1988, procuratorial organs at all levels conducted a comprehensive inspection on the implementation of the Constitution, the Criminal Law, the Criminal Procedure Law, and the Organic Law of the People's Procuratorates. From an overall perspective, the quality of the procuratorial team is good. They are serious about enforcing laws and performing legal supervision responsibilities. The majority of procuratorial personnel work diligently, their law enforcement level and case handling quality have improved, and they have contributed to maintaining the dignity of the country's legal system. However, there are also many problems in our work that cannot be ignored:
1. In a few cases, the law is improperly applied and the characterization is inaccurate. In 1988, among the cases submitted for arrest by the public security organs, 276 people were mistakenly arrested. Among the economic crime cases investigated by the procuratorate on their own, 130 people were prosecuted and found not guilty by the courts. Among the cases in which the procuratorate decided to exempt from prosecution, it was found that there were improper exemptions: some cases should have been prosecuted but were mistakenly exempted from prosecution; some cases did not constitute a crime but were mistakenly exempted from prosecution. The emergence of these shortcomings and problems is related to the lack of timely and powerful guidance provided by the Supreme People's Procuratorate; we believe that this is a relatively serious problem. For cases where problems were found, although they were carefully corrected in accordance with the law after review and verification, lessons should be learned and future work should be effectively improved.
2. The case handling deadline is exceeded. Among the review and prosecution of criminal cases, 705 cases exceeded the deadline, and 1,888 criminal cases filed for investigation by the procuratorate exceeded the deadline. The main reasons for this situation are that a small number of prosecutors have weak legal concepts; the level of legal policies is not high, and their ability to accurately judge guilt and innocence is not strong; case-handling funds and case-handling forces are insufficient, investigation methods are lacking and outdated, transportation, communications, etc. The backward technology and equipment also affects the timely collection of evidence and the closing of cases.
3. Serious violations of law and discipline and criminal behavior such as engaging in favoritism, accepting bribes, showing off, beating and scolding the masses, etc. occurred among a small number of prosecutors, which undermined the procuratorial organs' strict handling of cases in accordance with the law and brought direct harm to society. According to statistics, in 1988, 340 prosecutors were subject to party and government disciplinary sanctions and criminal penalties. Among them, 9 were dismissed from public office, 22 were expelled from the party, and 60 were held criminally responsible.
4. The leaders of individual procuratorates cannot adhere to the principle that all citizens are equal before the law. Some even give up their stance on law enforcement and lack the courage to independently exercise procuratorial power in accordance with the law. At the same time, there are also cases where prosecutors suffer unfair treatment or even retaliation for enforcing the law impartially.
After discovering such incidents, the Supreme People's Procuratorate directly intervened and supported prosecutors who enforce the law impartially, and resolutely fought against all kinds of violations of the law.
In 1989, as the procuratorial organs continue to carry out in-depth reforms, they must further implement the Organic Law of the People's Procuratorate, perform legal supervision responsibilities, strengthen and improve the top-down leadership system of the procuratorial organs, and improve the specific procedures for legal supervision. ; Pay close attention to the cultivation and training of prosecutors, strengthen system construction, and make greater efforts to build a socialist society ruled by law.
First, we must resolutely implement the line, principles and policies since the Third Plenary Session of the Eleventh Central Committee of the Communist Party of China, consciously accept the party's leadership, adhere to the four basic principles, and persist in serving reform and opening up. , serving the establishment of a new socialist planned commodity economic order and serving the socialist modernization drive.
Second, we must consciously accept the supervision of the People’s Congress and its Standing Committee. Procuratorates at all levels must strictly abide by the Constitution and enforce the law. Work must be reported to the National People's Congress regularly, and major issues must be reported to the Standing Committee of the National People's Congress at any time, so that the procuratorial work can receive timely supervision and support. The procuratorial organs welcome NPC deputies and CPPCC members to inspect the work. We will seriously handle the opinions and suggestions put forward, respond in a timely manner, and institutionalize them.
Third, we must accept the supervision of the people and public opinion and increase the transparency of procuratorial work. The Supreme People's Procuratorate promulgated the "Several Regulations on the Work of the People's Procuratorate" and made public the reporting work system. Other work systems will also be announced. Adhere to the spokesperson system, introduce the procuratorial work to the general public through the news media, provide feedback on the investigation and handling of cases reported by the people, listen to the opinions of all sectors of society, and promptly discover and correct shortcomings and errors in the work.
Fourth, establish and improve the internal control system. First, we must continue to implement the decentralization system for criminal cases investigated by the procuratorate itself, that is, the investigation and pre-trial and the decision to arrest and prosecute are separated and managed by the two departments respectively, so as to eliminate the shortcomings of over-concentration of power and subject all business activities to Restrictions; secondly, a filing and review system must be implemented for cases exempted from prosecution. All cases exempted from prosecution should be reported to the procuratorate at the next higher level for filing and review. When the procuratorate at the next higher level discovers that the decision to exempt prosecution is inappropriate, it has the right to change, cancel or order correction. Third, we must implement a system in which complaints are reviewed and handled by the procuratorate at the higher level. Important complaints that are dissatisfied with the decision of the procuratorial organ will not be handled by the original decision-making authority, but will be reviewed and handled by the complaint and appeal department of the procuratorate at the higher level.
Fifth, reform and improve the procuratorial system and accelerate the standardization and institutionalization of legal supervision by procuratorial organs. In order to build a procuratorial system with Chinese characteristics, the Supreme People's Procuratorate has reformed and adjusted its business organizations, implemented the "Three Decisions", and has drafted the "Prosecutor Law (Draft)", which is currently soliciting opinions and undergoing research and revision until it is more mature. Later, it was submitted to the Standing Committee of the National People's Congress for deliberation.
Sixth, vigorously strengthen team building and improve the political quality, professional quality, especially legal quality of prosecutors. This is a strategic task for the prosecutorial office. Adhere to the policy of "strict inspection", strictly manage the procuratorial organs, strictly require prosecutors to seriously deal with various violations of laws and disciplines themselves. In order to improve the quality of prosecutors, professional training courses at various levels must continue to be held. The Supreme People's Procuratorate has established a training center for senior prosecutors and is preparing to build a Central Procuratorate Academy.
At the National Procuratorate Working Conference held in November 1988, we required procuratorial organs at all levels to continue to combine improving the law enforcement level of procuratorial organs with team building, and adhere to the system of annual law enforcement inspections. . At the same time, it is required to implement the spirit of reform in all work and effectively strengthen the organizational construction of the team, especially at the grassroots level; strengthen ideological and political work, focusing on the education of one center and two basic points of the party's basic line; commend the advanced players in impartial law enforcement Characters and advanced units.
It is necessary to strictly enforce discipline, purify the team, maintain integrity, carry forward the good style of "whole body is upright, and both sleeves are clean", and train the procuratorial team into a team that handles cases strictly in accordance with the law, enforces the law impartially, grasps policies, seeks truth from facts, connects with the masses, and is proficient in business, and builds it into a team that adheres to the people's An important force in democratic dictatorship.
Dear representatives:
Our country’s reform has achieved great achievements that have attracted worldwide attention, injected strong vitality into the development of the national economy, and effectively promoted the construction of the country’s democratic politics and legal system. . The principles of governing the economic environment, rectifying the economic order, and comprehensively deepening reforms determined by the Third Plenary Session of the 13th Central Committee of the Communist Party of China are being implemented and have achieved initial results. The further deepening and success of reform and opening up have created good conditions for strengthening and carrying out procuratorial work, and have also put forward higher requirements for procuratorial organs. Procuratorial organs at all levels must, under the leadership of the Communist Party of China, under the supervision of the People's Congresses at all levels and their standing committees, and with the support of the people, faithfully perform their legal supervision duties and ensure the unity and harmony of national laws. Correct implementation will safeguard the dignity of the country's legal system, protect citizens' democratic rights and personal rights from infringement, maintain stability and unity, and safeguard and promote the smooth progress of reform and construction to make new contributions!