Original title: The Central Committee of the Communist Party of China issued opinions on strengthening the legal supervision of procuratorial organs in the new era, strengthening the connection and restriction of procuratorial organs and supervisory organs
Source: Central Commission for Discipline Inspection and State Supervision Commission website
The Central Committee of the Communist Party of China recently issued the “Opinions on Strengthening the Legal Supervision of Procuratorial Organs in the New Era” to further strengthen the party’s absolute leadership over procuratorial work and ensure that procuratorial organs perform their legal supervision duties under the Constitution and laws in accordance with the law. The “Opinions” put forward clear requirements for strengthening the connection and cooperation and restriction of case handling between procuratorial organs and supervisory organs, and strengthening the supervision of disciplinary inspection and supervision organs over the performance of procuratorial personnel.
The People’s Procuratorate is the country’s legal supervision agency and an important part of the national supervision system. It plays an important role in advancing the comprehensive rule of law and building a socialist country ruled by law.To this end, the “Opinions”The “General Requirements” stipulates that “promote the organic integration and mutual coordination between the legal supervision of the procuratorial organs and other types of supervision”, and continue to make new contributions to uphold and improve the socialist system with Chinese characteristics, and promote the modernization of the national governance system and governance capabilities.
In order to comprehensively improve the quality and effectiveness of legal supervision, and maintain judicial justice, the “Opinions” make specific provisions in terms of improving the linkage mechanism between administrative law enforcement and criminal justice, and strengthening the supervision of criminal case filing, investigation activities, and trial activities. According to the “Opinions”, if the procuratorial organ finds clues to administrative law enforcement personnel suspected of duty violations or duty crimes, they shall be transferred to the supervisory agency for handling. For units and individuals that refuse to assist in investigations and accept supervision without justifiable reasons, the procuratorial organ may recommend to the supervisory organ or the unit’s superior competent authority to deal with it in accordance with laws and regulations. When the procuratorial organ finds clues that party members are suspected of violating party discipline or that public officials are suspected of violating the law or crime of their duties in the course of legal supervision, they shall transfer them to the discipline inspection and supervision organs or relevant party organizations, appointment and dismissal organs and units for handling in accordance with regulations and laws.
The “Opinions” also set out a special article on strengthening the connection between the procuratorial organs and the supervisory organs in handling cases and coordinating the restrictions, requiring the improvement of smoothly connected, authoritative and efficient working mechanisms, and promoting the connection of criminal justice and supervisory investigation procedures and evidence standards; implementing the procuratorial organs and supervisory organs Handle the principle of mutual cooperation and mutual restraint in handling duty crimes, improve the working mechanism of supervisory agencies requesting procuratorial agencies to intervene in handling duty crimes in advance, and the mechanism for procuratorial agencies to return supplementary investigations and self-supplementary investigations; strengthen procuratorial organs to initiate and investigate judicial staff related Coordination, clue transfer, and case-handling cooperation between job-related crimes and cases under the jurisdiction of supervisory agencies have continuously strengthened anti-corruption efforts in accordance with the law.
In order to strengthen the supervision and restriction on the legal supervision of procuratorial organs, the “Opinions” clarifies the supervision responsibilities of the people’s congresses and their standing committees at all levels, and the CPPCC at all levels. Supervise and improve the linkage mechanism between the investigation and handling of disciplinary and illegal prosecutors and the prosecutor’s punishment system to ensure that the procuratorial power is exercised in accordance with the law.
.