The Xi'an Yanliang District Procuratorate adheres to systematic thinking and an overall perspective, regards the governance of misdemeanors as an important entry point and focus point for promoting the modernization of social governance, actively explores, promotes the governance of litigation sources, extends the social governance functions of preventing and reducing crimes, and strives to improve the level of legalization of social governance in the governance of misdemeanors, demonstrating the responsibility of the procuratorate. The practice of Yan Liang's procuratorial system for misdemeanor governance has been promoted by the provincial procuratorate.
Take the lead and try to improve the quality and efficiency of criminal cases.
Give full play to the role of lawyers in defense during the review for prosecution phase of criminal cases, truly strengthen judicial safeguards for the human rights of criminal suspects, and comprehensively advance full coverage of defense counsel during the review for prosecution phase.
Held a "full coverage" work promotion meeting with the District Bureau of Justice, and conducted in-depth discussions on issues such as lawyers' substantive exercise of defense rights, interconnection and push of legal document platforms, and lawyers' opinion hearings, fully listened to opinions, and promoted the procuratorate and procuratorate to reach a consensus, seek the best work model, and form the greatest work force.
Comprehensively protect the right of legal aid lawyers to a defense. Relying on the Xi'an Smart Legal Aid Platform and the 12309 Service China Procuratorate Network, the legal aid notices are delivered instantly and the case file is read electronically, ensuring the legal aid lawyers' right to defend in terms of time and technology. Clear channels of communication between procurators and procurators, procurators hear lawyers' opinions in any form, promptly give feedback on the review of defense opinions, and procedurally safeguard legal aid lawyers' right to defense.
From January to October 2023, the Yanliang District Procuratorate handled 65 cases in which lawyers provided legal aid during the review and prosecution stage, effectively improving the quality and efficiency of criminal cases.
Explore new models for handling cases, and do a good job of not prosecuting the second half of the article.
Establish concepts such as equal emphasis on crime and governance, joint construction, joint governance, and sharing, and explore a new model of "relative non-prosecution + social public interest services" in handling cases.
Establish a social welfare service base. Sign the "Framework Agreement on Cooperation in the Investigation of Social Public Interest Services for Persons to be Prosecuted" with the Yanliang Branch of the Public Security Bureau, the Youth League District Committee, and social organizations, and guide criminal suspects in misdemeanor cases who admit guilt and accept punishment to participate in the social public interest services of the inspection unit on the premise that they are voluntary. For example, transportation service providers, community volunteers, etc., the results of the investigation are an important consideration for the procuratorate to make a relative non-prosecution disposition of them. Up to now, a total of more than 70 criminal perpetrators have participated in public welfare services, with a cumulative service time of about 3,000 hours, and 70 criminal suspects have been relatively non-prosecuted.
Actively resolve conflicts. Use popular legal education publicity and procuratorial hearings to integrate the interpretation of the law and reasoning and conflict resolution into the entire process of case handling. This year, 25 procuratorial hearings have been held, and 12 legal popularization campaigns have been conducted.
Implement the reverse connection of executions, and solve the problem of "no punishment without punishment".
In view of the current situation of the problems of non-punishment and non-punishment, transfer of punishment and punishment in case handling practice, the "Implementation Plan of the People's Procuratorate of Yanliang District of Xi'an City on Implementing the Opinions of the Supreme People's Procuratorate on Promoting the Two-way Convergence of Criminal Punishment and Supervision of Administrative Violations and Constructing a System of Convergence between Procuratorial Supervision and Administrative Law Enforcement" has been formulated, which refines the implementation measures from the aspects of organizational leadership, internal responsibilities, follow-up and supervision, and promotes the implementation of the Supreme People's Procuratorate's "Opinions". Establish a leading group for the two-way connection of executions and the supervision of administrative violations, to ensure that they are carried out in an integrated manner and achieve practical results; Clarify the leading departments of positive and reverse convergence work, strengthen coordination and linkage, refine work requirements, and effectively unite the overall work force; Clear internal lead transfer mechanisms, strengthen follow-up and supervision, and actively promote two-way connection between executions and supervision of administrative violations.
Since the launch of this work, the Yanliang District Procuratorate has submitted 8 procuratorial opinions to relevant administrative organs, involving cases of theft and intentional injury, effectively solving the problem of "no punishment and no punishment" and promoting social governance at the grassroots level.
Focus on "small cases" and strengthen the governance of litigation sources.
Focusing on the "small cases" around the masses, refining the common and tendentious problems discovered in the handling of criminal cases, and promptly formulating and issuing procuratorial suggestions for social governance for loopholes in social governance, achieving good social results.
In response to the fact that in a number of cases of helping information network criminal activities, it was found that criminal gangs used e-sports hotels as a base for criminal activities and that there was a lack of supervision by relevant departments, the Yanliang District Procuratorate convened relevant competent departments to hold symposiums on several occasions, delivered procuratorial suggestions and urged relevant competent departments to actively perform their duties to conduct a comprehensive investigation and mapping of e-sports hotels in the whole district, joint special inspections, and formulate joint supervision mechanisms, so as to promote the standardized management of e-sports hotels in the jurisdiction and achieve the efficiency of "handling one case, governing one area, and benefiting one party". Since the beginning of this year, 10 procuratorial recommendations on social governance have been formulated and issued.
China**Shaanxi Reporter Station Qin Feng|Zhang Muning).
*: China**Net.