Frontier focus
Recently, a seminar on "Evaluation System for Judicial Management and Procuratorial Operations," sponsored by the Procuratorial Case Management Research Base of the Supreme People's Procuratorate and co-sponsored by the Judicial Data Quantitative Research Center of the Chinese People's University, was held in Beijing. Experts from the case management departments and case-handling departments of procuratorial organs from all over the country, as well as relevant scholars, discussed the "in-depth integration of case management and handling, and jointly promote high-quality procuratorial work".
Professor Chen Weidong of the Law School of Chinese University delivered a speech, and Shen **, director of the Supreme People's Procuratorate Case Management Office, Shi Xianzhi and Wu Hongyao, deputy directors of the Supreme People's Procuratorate Case Management Office, respectively introduced and commented on the procuratorial organs' explorations in business management in recent years.
Chen Weidong said that in the history of the development of China's people's procuratorates, it is the first time that the academic circles have held a special seminar on judicial management, especially the management of procuratorial work, which shows that the case management work of procuratorial organs has received the attention of the academic circles. He called on the academic and practical circles to work together to push the research on case management theory to a higher level and promote the normalization of case management theory research.
Shen ** introduced the remarkable progress made by the Supreme People's Procuratorate Procuratorial Case Management Research Base in the past year since its establishment, such as the successful development of the Supreme People's Procuratorate's case management management system, the establishment of a series of case management courses, and the recruitment of law students to participate in the case management office. He believes that attention should be paid to grasping the following points in the study of case management work and case management theory: First, it is necessary to correctly understand the current situation of case management work and case management theory research. The current period is the best period for the development of case management. Under the attention and care of the previous party groups of the Supreme People's Procuratorate, the case management work urgently needs to solidify the existing valuable experience, but the current research on case management theory is still in its infancy, and there is a lack of forward-looking and pioneering researchSecond, it is necessary to clarify the division of labor between the research base of case management theory and the practical departments in theoretical research. The theoretical research base should focus more on the theoretical research in the rational stage, and the practical departments should make more efforts in the pilot and practical experience summaryThird, it is necessary to strengthen cooperation and promote the output and transformation of results. Case management departments at all levels and localities should fully support the work of theoretical research bases, actively participate in academic seminars sponsored by the bases, and take the initiative to recruit students for internships. The base should also cooperate with the work of case management departments at all levels to support and guide the development of case management work. At the same time, the two sides should also organize more joint essay collection, supervision and inspection activities. While increasing the quantity of research results, it is also necessary to ensure the quality and pay attention to the transformation of research results, so that they can truly become a valuable guiding direction for promoting the development of practical work.
Construction and thinking of case management work
Jian Lewei, chief procurator of the People's Procuratorate of Laohekou City, Hubei Province, believes that deepening the procuratorial reform in the new era needs to be implemented through management. At present, the research on the case management mechanism still needs to respond to some difficult problems in procuratorial practice: First, the relationship between the overall management of cases and the management of people. Further study how case management, political work, and procuratorial supervision can promote each other;The second is the indirectness of case management. Management conflicts between case-handling personnel and case management personnel occur from time to time, and it is necessary to better resolve the tension between the requirements of personal experience in case handling and the indirectness of case management, and jointly serve high-quality and efficient business handling.
Feng Lijun, director of the Case Management Office of the Hunan Provincial People's Procuratorate, believes that grassroots management work should properly handle the relationship between the three pairs. First, the leaders of the court should play a large management role in the management of case quality, and the case-handling department and the case management department should assume the responsibility of specific supervision and guidance. The second is vertical and horizontal, and the internal management of case-handling departments and the centralized management of case-handling departments should be divided and coordinated. The third is macro and micro, case quality indicators are tools for macro evaluation, process monitoring, quality evaluation, etc. are the management methods of case quality, so as to avoid the "index only" theory of case handling.
Ge Chunyu, director of the Case Management Office of the Jiangxi Provincial People's Procuratorate, introduced the exploration of Jiangxi's procuratorial case management, such as attending the business work topics of the party group meeting, grasping the work deployment direction of each business line, and closely following the business to improve the professionalism of service leadership decision-making. Strengthen the connection with the management departments of the public security and the courts, and realize the overall situation of management coordination and service. In addition, it is also necessary to pay attention to the issue of functional expansion, such as the current case management department has mastered massive business data, and it is necessary to further improve the ability to control big data.
Zhao Baozhu, director of the Case Management Office of the People's Procuratorate of the Inner Mongolia Autonomous Region, believes that the study of business management should be based on strengthening the analysis and mining of case-handling data, enriching the content of the research and judgment consultation mechanism, realizing the dynamic adjustment of the case quality evaluation system, and giving better play to the role of professional staff assistants. At the same time, it is also necessary to promote the construction of "digital case management" to achieve data-driven full-chain and penetrating management.
Wu Hongyao discussed from four aspects: focusing on the grassroots, specific working mechanisms, talent training, and digital empowerment. He suggested that a professional team of case management procurators should be cultivated, relevant theories of management should be learned, and the main consciousness of procurators should be stimulated through management, so as to achieve "supervision in the invisible".From case management to business management modernization, we must seek digital empowerment and move towards digital development in the future, which will bring qualitative changes to case management work.
Wu Hongqi, a researcher at Peking University Law School, said that the case management department is the center of the entire procuratorial organ. The modernization of procuratorial work requires procuratorial organs to play a role in social governance, and case management can discover existing social governance problems through the aggregation of case data. The contradiction of a small number of people in case management work at the grassroots level is widespread, and the solution to this contradiction depends on the empowerment of technology. He said that the current relationship between the case management department and the legal department of the public security organ and other departments within the procuratorate needs to be further straightened out.
Improvement of the procuratorial business evaluation system
Xu Jing, deputy director of the First Procuratorate Department of the Zhejiang Provincial People's Procuratorate, believes that the evaluation of procuratorial operations is an important starting point for the comprehensive and accurate implementation of the judicial responsibility system. In the construction and improvement of the procuratorial organs' operational evaluation system, it is necessary to accurately grasp the measurement standards for "high-quality and efficient case handling" at different stages. With the changes in crime structure, judicial philosophy, and criminal justice policy, the evaluation indicators also need to keep pace with the times.
Xie Xie, chief procurator of the People's Procuratorate of Fanchang District, Anhui Province, believes that grassroots business management should pay more attention to the supervision and management of the whole process of cases, and reasonably apply the reward and punishment mechanisms of "positive incentives" and "reverse coercion" to ensure the high-quality and efficient development of procuratorial work. The case quality evaluation index is an important "booster" for the modernization of procuratorial management, which can make fairness and justice better and faster in terms of procedures.
Shi Jianhui, director of the Case Management Office of the Henan Provincial People's Procuratorate, suggested that we should absorb and learn from the ideas and methods of management, create a closed-loop management mechanism that integrates target management, process management, and result management, and continuously promote the quality and efficiency of procuratorial work.
He Ting, a professor at the Law School of Beijing Normal University, expressed his views on the necessity of assessment indicators, the scientific setting of assessment indicators, and the value and orientation of case management. He believes that it is necessary to further clarify the relationship between case management and evaluation indicators, and improve the evaluation system for procuratorial operations. In his opinion, the setting of assessment indicators can be optimized from three aspects: first, the setting of assessment indicators should be compared with the pure natural state;Second, the new indicators should be in a state of gradual improvement and dynamic adjustment, and the existing indicators should pay attention to the changes in the indicators reflected in work practice to avoid vicious competitionThirdly, to clarify the relationship between quality evaluation and assessment indicators, it is necessary to further explore the evaluation results formed by individual spot checks to play a greater role.
Professor Hou Meng of the Law School of Chinese Renmin University conducted a lecture on three aspects: the degree of coordination of case management among the public, procuratorial and legal parties, the management line of superiors and subordinates, and the systematic assessment of the hospital. He introduced that the incentive mechanisms for the management of cases by the public, the procuratorate, and the judiciary are different, and there are conflicting indicatorsThere are too many lines of management at the upper and lower levels, case management and other procuratorial business management are staggered and redundant, and various evaluations and reports are presented in some situations that should be evaluatedThe systematic nature of the in-hospital assessment affects the whole body, and the discussion of case management must take into account other management methods in the hospital.
In conclusion, Shi Xianzhi said that the chief procurators of local procuratorial organs and the responsible comrades of business departments have put forward the necessity and importance of case management from their own work experience, which provides a professional perspective for further understanding and strengthening case management, and also provides a practical basis for carrying out research on case management.
Cheng Lei, a professor at the Law School of Chinese University, said that this seminar is not only a dialogue between the theoretical and practical circles, but also a dialogue between the business line and the case management department. In practice, the working methods of hierarchical classification, separation of complicated and simple cases, and the work experience of emphasizing coordination with other organs provide a good practical basis for the study of case management theory. At present, some contradictions and problems in practice also provide a direction for the study of case management theory. In the future, issues such as key cases and the selection of subjects for case quality evaluation need to be further studied. He believes that case management research should pay attention to internal and external coordination in research methods, and should not be limited to case management itself, but should have interdisciplinary and cross-departmental research thinking. In the future, the base should focus on liaising with the academic community, strengthening the discussion of case management theory research, and producing more results in service practice.