1, Dialogue with Qin Xiao, Deputy Director of Public Prosecution Division I of Dongcheng District Procuratorate.
A pair of black-rimmed glasses, shoulder-length short hair. Capable, is your first impression of Qin Xiao to reporters. In the interview, whenever you Qinxiao talks about a topic, he always follows the summary of "one, two and three", which greatly facilitates the reporter's writing. Being good at analysis and paying attention to logic is the second feeling you Qin Xiao left for reporters. What moved the reporter most was her idea that "prosecutors should have a sense of justice and conscience" from beginning to end.
Participating in the competition is to enjoy a "feast"
Reporter: What have you gained from the election and public election experience of the "Top Ten Public Prosecutors"?
Y: First of all, I would like to thank the Supreme People's Procuratorate and the leaders of our college for giving me the opportunity to participate in this competition. The biggest gain is that the business level has been improved to a certain extent. Competing with the top prosecutors in various provinces is more about enjoying a "feast" of public prosecution, broadening our horizons and learning from others. The mentality has also been tempered at a higher level. Defending and debating in front of authoritative figures in the judicial and academic circles has made me more calm and confident when I support public prosecution in court. And making good friends. The benefits are manifold and the impact is long-term.
Reporter: What do you think a qualified prosecutor should look like by participating in the competition?
You Qin Xiao: The bottom line is to have a profound knowledge of legal theory, followed by a sense of justice, conscience and responsibility, because prosecutors are facing the freedom and life of others. I appreciate the words of Professor Zhang Mingkai from Tsinghua University Law School, "My heart is full of justice, and my eyes are constantly moving back and forth between norms and facts". Constantly consider facts with norms, and then use facts to find legal norms, and finally we can draw a correct conclusion, and we are not allowed to be hasty. Coordination of internal and external working relations is also a compulsory course, including communication and coordination with case handlers within the system, public security personnel of courts outside the system, parties and other personnel. In addition, there must be dedication.
Public prosecution brings the satisfaction of justice and conscience.
Reporter: What brings you the fastest pleasure and the most painful thing?
You Qin Xiao: I can really work hard for the freedom of others, which is the greatest happiness that my work brings me. The most painful thing is the wrong prosecution. I don't allow the phenomenon of "She Xianglin" to appear in my career. It hasn't happened before and it won't happen again.
Reporter: How did you feel when the public prosecution was successful? What if it fails?
You Qin Xiao: When you succeed, your sense of justice and conscience are satisfied, and you are happy. Failure means that the review work is not done well, and we should learn from it. I want to emphasize that the public prosecutor represents the country, so we must strictly enforce the law, safeguard fairness and justice, and be meticulous.
Reporter: If you encounter a game between law and emotion at work, what is your truest feeling?
Tour Qin Xiao: If it is a bad taste, resolutely resist it. In addition, justice is an activity that pays attention to personal experience. In the process of contacting the case, it is inevitable to put your feelings into it. At this time, how to grasp? My understanding is that prosecutors should have a sense of justice and awe of their own profession and the freedom of others, which is an inexhaustible internal motivation to encourage prosecutors to enforce the law fairly.
"Debate with Confucianism" to Show My Prosecuting Style
Reporter: How many lawyers can you argue with at a time during the trial?
You: A case in 2004, a pair of seven, spent a whole day in the morning and afternoon, and was finally convicted. I am a "strong in the face of strength" person, so I am very excited in court, and my logical analysis and oral defense are better than usual. The overall feeling is very comfortable and happy, which makes me firmly believe that the public prosecution work not only embodies fairness and justice, but also shines with wisdom and is full of fun of self-challenge.
Reporter: What should I do if I am tired?
You Qin Xiao: Sports. I always like sports after work. I like intensive sports, such as running and mountain climbing. On the one hand, you can exercise, on the other hand, you can improve your mental state. As long as I go up the mountain, no matter how depressed I am, I can regain my spirits in a short time. Exercise more, you have a strong body and a good attitude, and one person can fight against many lawyers.
Reporter: Compared with opposing lawyers, prosecutors seem to earn more. What do you think of this?
You Qinxiao: You can't make simple comparisons. In recent years, procuratorial organs have attached great importance to prosecutors' logistical support and technical support, and made great efforts in personnel education and training. Prosecutors work and grow in fertile soil. At the same time, prosecutors are satisfied with their sense of justice and conscience. All these things cannot be measured by money.
Reporter: Thank you. Congratulations again on your election as the "Top Ten" in China.
You Qin Xiao: I will continue to work hard, thank you.
2. My Opinion on the Public Prosecutor Debate Competition
When I first arrived at the unit procuratorate, I had the opportunity to watch the confrontation debate competition for the selection of outstanding prosecutors in Huizhou Procuratorate. I was a little surprised to see a pair of prosecutors sitting together in the form of a competition and debating with each other on often thorny legal issues. The selection activities of outstanding prosecutors in Huizhou are divided into thesis writing, written examination of procuratorial business knowledge, document making, thesis defense and debate competition. Judges are not limited to this system, but also invite judges and lawyers to participate. The debater is recommended by the county procuratorate. The whole activity arrangement is compact and orderly, and the evaluation system is open and fair. The contestants all represent the true level of public prosecution of county procuratorates, which is an unprecedented talent pool. The closing ceremony was presided over by the competent procurator-general, and the procurator-general spoke and the leaders of the institute presented awards, which has always been the highest-level activity of the system. In the words of the Procurator-General of Huang Jianming, "the public prosecution agency represents the face of the procuratorate, and the display and level of the prosecutor's ability represents the image of the procuratorate, which determines the effectiveness of the legal supervision function of the procuratorate", which shows that the city's procuratorial system attaches importance to improving the professional level of the prosecutors in the city's procuratorial system through this selection competition and ensuring the correct exercise of the legal supervision function.
However, while witnessing the performance of debaters in the activities, I believe that the demonstration and guidance of such activities will greatly improve the overall quality and professional level of procuratorial organs, especially prosecutors. At the same time, I still doubt whether the eloquence training of prosecutors can fundamentally ensure the correct and effective exercise of the legal supervision function of procuratorial organs and make contributions to the construction of socialist rule of law.
Personally, I think that the debate without legal belief and rigid enforcement is actually just an intellectual and eloquent performance. Contestants have demonstrated their existing talents in such competitions, and the experience gained from such high-intensity confrontation debates will make them argue more fiercely when they appear in court for public prosecution, and even the audience in the same industry can benefit a lot from watching the competitions. However, this kind of debate cannot really solve the problems faced in the implementation of the law. Modern rule of law requires that the core of the prosecution and defense mechanism is to enhance the antagonism between the prosecution and defense. Both the prosecution and the defense are in the position of relatively equal, and the legal truth of crime or innocence can be presented through procedural confrontation activities, especially confrontational debates. At present, our real criminal justice situation is that the most basic rights of criminal suspects cannot be effectively guaranteed. Once in prison, even truly innocent people can't escape the bad luck of being shaved and wearing prison clothes. Even lawyers suspected of committing crimes can't write their own defense with a pen and a piece of paper, and the reasonable requirements of meeting relatives and lawyers can't be met. In the face of such a serious imbalance between the prosecution and the defense, the prosecutor's superb eloquence and ability, except as a performance, actually has no substantive significance. Compared with the real trial, the difference between the prosecutor's debater competition and the real trial is that one is absolutely unbalanced and the other is equal. Due to the limitation of the topic of the debate, there is often no unilateral and standard answer in the competition. In this respect, it can't really solve the problem, and the result is exactly the same as the real prosecution. The difference is that one can win a house full of applause, and the other can naturally send innocent people to prison.
Therefore, fundamentally speaking, although the public prosecutor debate contest has enhanced the image of public prosecutors and procuratorial organs, it cannot achieve the original intention of the prosecution and defense system, that is, to restore the legal truth of the accused events and behaviors through prosecution and defense. Of course, if the procuratorial organ starts with improving the public prosecutor's ability, exercises the right of legal supervision on the basis of improving the public prosecutor's ability, practices itself and urges other judicial organs to gradually implement the litigation rights of criminal suspects, and relaxes unreasonable restrictions on defenders, so that the confrontation between prosecutors and defenders is no longer a sword and sharp iron, and one party can only dance with shackles and handcuffs, but a close contest within procedural norms, then it is the real rule of law.
3. The National Top Ten Prosecutor Competition is about to start again!
On May 30th, the Supreme People's Procuratorate issued the Notice on Launching the 4th National Top Ten Prosecutors and National Excellent Prosecutors Selection Campaign, and the 4th National Top Ten Prosecutors will be held in September 2009. The National Top Ten Prosecutor Competition is the highest level in the field of public prosecution, which can be said to be the highest honor in the field of public prosecution. "Top Ten Public Prosecutors in China" is a great honor! It seems to be the first time for Peng Xiangxin to announce the competition notice and selection rules one year in advance.
The National Top Ten Prosecutor Competition is also the most difficult, demanding and competitive competition. Why? First of all, each province can only send three contestants to participate, so those who can participate in the final national top ten selection are the elites selected by the provinces after cruel elimination, and those who can participate in the final national top ten selection are some public prosecution experts, representing the highest level in their provinces. Secondly, there are many competitions and the competition is unprecedentedly fierce. The competition includes four major items: written examination of public prosecution, thesis writing, defense of public prosecution and argument, including theoretical knowledge of law and practical experience of public prosecution. The contestants are required to have high comprehensive quality, solid theoretical knowledge, agile adaptability and eloquence. So the top ten prosecutors must be eloquent. Third, participating in the National Top Ten Prosecutor Competition is not only a challenge of wisdom, but also a physical strength. You should know that the whole closed competition will last 10 days in fierce and tense confrontation, and you will participate in four high IQ competitions in 10 days. Without strong physical strength and willpower, it is difficult to persist. Therefore, a good psychological quality is very important. To sum up, it is very difficult to participate in the National Top Ten Prosecutor Competition, and it is even more difficult to achieve good results! With regard to the above three points, Xiang Peng participated in the Jiangxi Trial Competition of the Third National Top Ten Prosecutors in 2006, and had a deep understanding. At that trial, I only won the "Excellent Public Prosecutor of the Province" but did not enter the "Top Ten".
Xiang Peng pays attention to the published selection rules and has two experiences:
First, in the comprehensive score of competition results, the debate only accounts for 15% of the total score, while the written examination of public prosecution business accounts for 50%. The level of public prosecutors really needs to be reflected through specific cases, but agile thinking ability and eloquence are the most basic professional qualities of an excellent public prosecutor, and debate can best reflect these two basic qualities. Therefore, the debate items and the written examination of public prosecution business must occupy the same proportion of scores, and these two items should account for the vast majority of the total score.
Secondly, the selection rules stipulate that the contestants draw lots to ask questions 20 minutes before the start of the debate, which means that they are not given more preparation time, which can better reflect the basic skills, quality and peacetime accumulation of the contestants. At present, when organizing a public prosecutor's debate in many places, participants are given a topic half a day or even a day in advance, and participants can prepare and even recite it in full detail, and some even communicate closely with the defense to discuss and rehearse the specific confrontation details of the debate. It is inappropriate to act according to the pre-agreed plan in order to get high scores for both sides in the official competition, which is incomparable with the real level. Therefore, it is more reasonable for the Supreme People's Procuratorate to stipulate that the debating competition should be held 20 minutes before the competition, because the impromptu competition is more intense and can better reflect the skills and strength of the players.
Prosecutors, cherish this rare opportunity!
With a positive attitude, actively participate in the city, province and even the national top ten public prosecutor competition!
Prepare well and work hard!