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Jiang and Yang Lei decided
I. Institutional evolution

Background of establishment

First of all, since the reform and opening up in the 1990s, a series of changes have taken place in rural areas. On the one hand, people's living standards have greatly improved and economic development has advanced by leaps and bounds. On the other hand, the security situation is becoming increasingly grim. In particular, due to the imperfect management system in some villages, the corresponding measures can't keep up, and the crimes of cadres violating the law and discipline, corruption and bribery, infringement and dereliction of duty are prominent. These negative corruption phenomena have greatly dampened farmers' enthusiasm for production, aroused people's strong dissatisfaction, seriously affected the relationship between cadres and the masses, and become a major unstable factor that plagues rural areas. Gaoqing county is a big agricultural county, and the issues of agriculture, rural areas and farmers have always been the highlight of the overall work of the local Party committee and government. The stability and development of rural areas are related to the success or failure of the whole reform and opening up in the county. Therefore, it is imperative to strengthen the construction of grassroots rule of law and provide a good environment for the rule of law in rural areas.

Second, China's political system is divided into five levels, from the central government to the villages and towns. As a first-level government, villages and towns have improved their functional departments. At the same time, judicial organs include police stations, courts and judicial offices, and administrative law enforcement organs include industrial and commercial offices, tax offices, transportation management offices and traffic police squadrons. , and finance, electricity, transportation, communications also have their own offices. The procuratorial organ is a four-level organizational system, and the grassroots law enforcement supervision is relatively weak. Judging from the practice of procuratorial organs, many duty crimes such as corruption, bribery, dereliction of duty and infringement occur at the grassroots level. How to ensure rural stability, effectively supervise these grass-roots departments and promote the building of a clean and honest government at the grass-roots level is becoming more and more important.

Thirdly, Zibo is one of the earliest areas in China to set up township procuratorates.

1) From1July 1988 to1August 1995, especially since1June 1993, procuratorial organs have adapted to the new situation of grassroots economic development, further strengthened the construction of dispatched institutions, constantly explored the experience of procuratorial offices, and opened up a new situation of procuratorial offices at the grassroots level. * * * Established 22 procuratorial offices in the city, dispatched 48 policemen and hired 67 people, and a large number of influential procuratorial offices such as Kunlun, Hutian, Zhaili, Nanyan and Badou emerged; A number of outstanding prosecutors such as Zhang Xingbo, Yang Lei, Gao Haibo, Li Shigang and Gong Benshi have emerged. They strictly enforce the law and pay close attention to handling cases, and their achievements are gratifying. For example, the data shows that from June to June, 1995, the township procuratorates in the whole city handled 6/kloc-0 economic cases, including 36 major cases, accounting for 32% and 30% of the city respectively, showing a strong trend of "three points in the world".

2) In the establishment stage, in order to adapt to the new situation and open up a new situation in procuratorial work, our hospital, after full investigation and brewing, approved by the county party committee and government in the second half of 1997, set up three procuratorial offices in Gaocheng, Tianzhen and Heilizhai, with 2-3 official police officers respectively, and supplemented by 2-3 grassroots cadres by township party committees and governments. This has opened a new page in the establishment of procuratorial organs in our hospital and the exploration of working ideas and practice in procuratorial offices.

3) Merging Stage In 2000, on the basis of earnestly summing up the experience of township procuratorates in recent years, the party group of our institute reported to the provincial and municipal institutes and the local party committee and government for approval, and merged the original three procuratorates, namely Gaocheng, Tianzhen and Heilizhai, into one office, and renamed it "Township Procuratorial Office of gaoqing county People's Procuratorate".

Second, the evolution of function.

1 July, 19951July, 1995, the Law of the People's Republic of China on Procurators clearly stipulated the conditions of procurators, which became the legal guarantee for the construction of the procuratorial team and the organizational guarantee for the overall requirements of the procuratorial team, and played a positive role in further improving the scientific and legal management of the procuratorial team. At that time, the township procuratorate was the agency of the people's procuratorate and the product of the reform of the procuratorial organ system under the new situation of reform and opening up. The success of the construction of township procuratorates and its achievements are of great significance for building the procuratorial system in Socialism with Chinese characteristics, strengthening and improving the legal supervision of grass-roots people's procuratorates, better serving the rural economic development, and keeping close contact between procuratorial organs and the people. Therefore, as a police officer working in a township procuratorate, he should not only have the basic conditions of a prosecutor, but also have some qualities superior to ordinary police officers, especially the pioneering quality and the ability to adapt to new situations and changes. At that time, the Supreme People's Procuratorate promulgated the Regulations of People's Procuratorates on Township Procuratorates, which stipulated five tasks of township procuratorates. These five tasks not only involve the main business of grass-roots procuratorates, such as appeal, economic inspection and law and discipline inspection, but also include probation, parole, control, deprivation of political rights inspection and the discipline of execution personnel outside prison; Help and educate those who are exempted from prosecution by the people's procuratorate, participate in the comprehensive management of social security, and carry out legal publicity in combination with procuratorial duties. Because of its wide task, heavy workload and strong professionalism, it is called "small procuratorate" or nicknamed "procuratorial branch" by the society.

The above is an overview of the functions of the procuratorate before the implementation of the new criminal procedure law at the end of 1997. When the township procuratorate of our hospital was established, it was at the turn of the old and new procedural laws. After the implementation of the new criminal procedure law, many cases originally under the jurisdiction of procuratorial organs have been crossed out, such as tax evasion, trademark counterfeiting and other crimes. In particular, the legal definition of state functionaries' whether the leaders of the two rural committees and members of neighborhood committees meet with state functionaries' has been debated endlessly. As the name implies, the township procuratorate is to carry out procuratorial business for grassroots, rural, township collective enterprises, village-run enterprises and other organizations. This change has undoubtedly seriously restricted the work of township procuratorates and greatly weakened their procuratorial functions. It can be said that the procuratorate at that time was in trouble. I have the deepest understanding of this. At the beginning of the establishment of the procuratorate of our hospital, it received strong support from the local party Committee and government in many aspects such as vehicles, office facilities and personnel, and placed high hopes on this institution. However, because they don't understand the implementation of the new criminal procedure law, they hand over all the cases of townships and collective enterprises that are not under the jurisdiction of our procuratorate, and even hand over many problems that belong to administration and discipline inspection to us. In this way,' our township procuratorate is in a dilemma whether it is not well managed or not. Faced with this situation, China's procuratorial organs have not retreated, turned passivity into initiative, and creatively opened up a series of effective new working methods. At that time, the Heilizhai Procuratorate where I was located put forward the working idea of "facing reality, overcoming difficulties, changing ideas and serving the grassroots". For many cases that do not belong to us, we offered to let the local party committee and government form a working group led by relevant departments. We cut in from the perspective of participating in the comprehensive management of social security or legal publicity. In this way, the purpose of solving problems for local party committees and governments has been achieved, and the social influence of grass-roots procuratorates has been expanded. It ensures the survival of grass-roots procuratorates and promotes their healthy development. Later, the Supreme People's Procuratorate issued seven regulations on whether rural grass-roots cadres are regarded as duty crimes, which made it clear that village cadres can be regarded as duty behaviors in village affairs and those are non-duty behaviors. It has played a positive role in promoting the development of procuratorial business in township procuratorial offices.

Three. The work of procuratorial organs in recent years

-remarkable results have been achieved in investigating and handling duty crime cases. 1993 Since then, under the leadership of the party group of the hospital, under the guidance of the overall work layout of the hospital, the central procuratorate has made great efforts to investigate and deal with duty crime cases closely around the work priorities of the hospital. * * * There were 2 cases of corruption involving 5 people, 2 cases of bribery, 3 cases of misappropriation of public funds, and the sale of invoices for personal gain 1 case. Among them, there were two major cases of departmental cadres with two people, with a crime amount of more than 50,000 yuan and a prison term of five years; Deputy departmental level cadres 1 person; Major case of partnership crime 1 person, with a case value of 65,438+10,000 yuan; Among them, the case of favoritism and malpractice investigated was a cadre of three organs and one department. Except for one person who is in the prosecution stage, all other courts have made guilty judgments. 1the case of *, deputy director of gaoqing county commerce and trade management center (former commerce bureau) in May, 1993, is a key case to achieve zero breakthrough in self-investigation cases since the establishment of procuratorial organs. It got rid of the misunderstanding that procuratorial organs were only immersed in handling rural cases in the past, and opened a new chapter for procuratorial organs to handle self-investigation cases. Especially since 2004, the cases of corruption and bribery of former electric power director and former county hospital director, and embezzlement of public funds by the head of former county medicinal materials company have all achieved the organic unity of speed, quality and benefit, and the high unity of social, legal and economic benefits.

-Actively carry out comprehensive management and fully perform procuratorial functions. In recent years, our central procuratorate has accepted more than 20 cases of various forms of rural petitions every year. On the basis of careful analysis and research, we investigated and dealt with the economic problems of some villages. Such as Zhang in the town, Zhao in Hegou town, Wei Bao in Heilizhai village, Dali in Gaocheng town, Wang Jia in the town and Zhang Carpenter in Changjia town. It has played an active role in resolving rural contradictions, purifying rural political power organizations and promoting rural stability. In addition, we have conducted in-depth investigation and study to solve the representative problem of rural areas. At present, the confusion of rural financial management is a prominent problem. Due to the chaotic management, individual village cadres fish in troubled waters, embezzlement and misappropriation occur from time to time, which seriously damages the interests of the masses and the collective, hinders rural stability and undermines social harmony. In order to prevent crimes and ensure the safety of one party, on the one hand, we severely crack down on criminals in our work, on the other hand, we promptly feedback the problems exposed in the investigation process to the local party Committee and government and put forward effective procuratorial suggestions. It has been well received by township party committees, governments and the masses.

-No sweat, no gain. Since 1993, our central procuratorate has been rated as an advanced collective and one of the top five in the city, "grasping the grassroots and laying the foundation for advanced units"; Comrades in their departments were also awarded honorary titles such as "advanced pacesetter", "advanced worker", "excellent scout" and "advanced individual" of the Municipal Political and Legal Committee, and were commended in Zibo Daily.

Fourth, thinking and suggestions.

It should be said that I still have a say in the past, present and future of the procuratorate. When the procuratorate was established in our hospital 1997, I was the director of the procuratorate in Heilizhai, and now I am also the director of the merged central procuratorate. It has been 13 years. During the period of 13, my colleagues and I have always been United, down-to-earth, pioneering and enterprising, and contributed our own strength to the development of procuratorial work.

Looking at the whole process of the development of procuratorial organs, objectively speaking, there are achievements and mistakes, twists and turns and glory, confusion and belief, frustration and cheers. Here I talk about my thoughts and feelings, report to the leaders and cheer up the comrades.

My question, in a word, can be said to be thinking about change and invariance. The relationship between change and invariance should belong to the category of philosophy. Social development is mainly achieved through change. The change of government is change; The reform of government institutions is change; Over the past five years, the national economy has maintained a good momentum of development, and breakthroughs have been made in reform and opening up, and people's living standards have improved significantly, which can be said to be the results achieved through various changes. Change is the eternal law of things. If you don't change it, you will retreat. Without change, there will be no development. I think the development experience of the procuratorate over the years also explains this philosophical law. It should be said that the establishment of the procuratorate conforms to the trend, and the implementation of the new criminal procedure law has also raised many new problems for this new thing. When the scope of cases under jurisdiction is narrowed and the law conflicts with the needs of local party committees and governments, our working ideas, working methods and ways to achieve our working goals have changed. Especially in 2000, the merger of procuratorial offices, I think it was a wise move by the leaders of the hospital. It frees the procuratorate from the shackles of local party committees and governments in terms of funds, personnel and vehicles, and no longer allows local party committees and governments to "hold their children to their mothers when they cry." Leave everything that should not be managed to your procuratorate, and you can only manage it well and not bad. This is a passive situation. Liberate the procuratorate from the cracks and restore its true colors from a woman with little feet; It has played a very good role in the procuratorial organs to strictly perform their duties and freely exercise their functions and powers.

In recent years, with the continuous development of procuratorial work, this philosophical proposition still puzzles us. From 1993 to now, it has handled many cases of anti-corruption and dereliction of duty, and has become a self-investigation force that cannot be ignored. However, we don't have a clear counterpart department in the world, and many foreign prosecutors as horizontal contacts don't have similar departments, which seriously restricts the development of our business. There is no mouth in the world, so we can't get business guidance and communication in time; Poor horizontal contact leads to our lack of communication and learning with foreign procuratorial departments. This is especially true when handling a case in a different place requires on-the-spot investigation. For example, in May of this year, when we handled the case of Wu Mou, the county transportation bureau, engaging in graft-reselling invoices, we needed assistance from the Bengbu City Procuratorate, so we had to go with comrades from the anti-blasphemy department. Of course, the case has the guidance and participation of the anti-blasphemy department from beginning to end. Furthermore, when we were handling a case, many parties and leaders of criminal units asked, "Isn't this case under the control of the Anti-Corruption Bureau? How do you check "; Some comrades pointed out that our county's economy is underdeveloped and there are so few cases that even the anti-corruption and anti-blasphemy departments can't get enough to eat. What are you doing? Moreover, because the main functions of the procuratorate overlap with the anti-corruption and anti-blasphemy departments, on the one hand, it is convenient to get their guidance, support and assistance, on the other hand, it also causes misunderstandings in people's understanding. In the next step, the procuratorate also needs the support of the party group in resource allocation (such as handling facilities, personnel, vehicles, funding policies, etc.). ). These are all problems that need to be further studied and overcome before us.