Qilihe District Procuratorate: My Opinion on How to Strengthen Investigation and Supervision

Investigation and supervision is an important task of the people's procuratorate. It is the people's procuratorate's supervision over the legality of the investigation activities of public security organs in investigating criminal cases according to law, and it is an important part of the procuratorial organs' legal supervision according to law. Since the revision of the Criminal Procedure Law, the importance of investigation and supervision has been paid more and more attention. In 2000, proceeding from the reality of procuratorial work, the Supreme People's Procuratorate changed the name of the Department of Examination and Arrest to the Department of Investigation and Supervision in the institutional reform. Procuratorial organs at all levels around the country also renamed the original examination and arrest department (section) as the investigation and supervision department (section), which better reflected the responsibilities, tasks and legal supervision characteristics of this institution. At the same time, it also meets the urgent requirements of the broad masses of the people for judicial work and the needs of China's socialist democracy and legal system construction. Therefore, the investigation and supervision work is of great significance in the construction of socialist legal system, which will play a positive role in promoting the construction of socialist legal system and socialist people in China. First, strengthen the supervision of criminal filing as the focus of investigation and supervision, including cases that should be filed by public security organs (self-investigation departments) and cases that should not be filed. Strengthening the supervision of filing a case is conducive to the procuratorial organs to carry out the task of investigation and supervision, and also to standardizing the law enforcement procedures of public security organs (self-investigation departments). In recent years, the supervision of filing a case has been regarded as a key work of investigation and supervision by procuratorial organs. In the work, the investigation and supervision departments should strive to improve the quantity and quality of case-filing supervision. In view of the lack of clues in case-filing supervision, we can dig out clues from the information reported by the parties, arrange clues from key cases, find clues from hot spots of public opinion and expand clues from accepted cases. Promote the stage of filing a case for supervision, and promote the investigation and supervision work to the stage of alarm acceptance by public security organs. In order to improve the detection rate of cases, public security organs often have the phenomenon that cases are not established and cases are not investigated. Carry out special or targeted supervision and inspection, regularly or irregularly visit all case-handling departments of public security organs or grass-roots police stations, carefully check their police register and registration, and understand whether there are cases that should be filed but not filed. When problems are found, they will be issued with a Notice of Reasons for Not Filing a Case, a Notice of Correcting the Violation of Law or a Notice of Filing a Case and a Proposal for Filing a Case for Investigation in time for supervision. Second, strengthen the connection between criminal justice and administrative law enforcement. In recent years, the connection between administrative law enforcement and criminal justice has been raised to a higher legal supervision position by procuratorial organs. Procuratorial organs should do a good job of linking execution with execution, which is not only conducive to standardizing the law enforcement behavior of administrative law enforcement departments, but also conducive to quickly and effectively cracking down on criminal acts such as destroying the socialist market economy and disrupting social management order, and effectively ensuring sound, rapid and healthy social and economic development. In the process of administrative law enforcement of administrative law enforcement units, some cases that can be investigated for criminal responsibility are lost due to some factors, such as administrative law enforcement personnel are not familiar with the work and the basis of law enforcement, the standards of criminal investigation in the process of handling cases are not clear, the provisions on crimes in criminal law are not clear, the evidence awareness is weak, and the evidence collection is insufficient, which leads to the difficulty in connecting administrative law enforcement with criminal justice and fails to achieve the expected purpose of connecting administrative and criminal justice. The reasons for these problems are: 1. Administrative law enforcement departments and public security organs are not closely linked and cannot communicate in time. Public security organs often find objective reasons to prevaricate about cases transferred by administrative law enforcement organs, and their handling attitude is not positive. 2. The leaders of administrative law enforcement departments have insufficient understanding of the connection between administrative law enforcement and criminal justice, which leads to insufficient attention to this work and low enthusiasm for carrying out the work. 3. The information channel between the administrative law enforcement department and the criminal justice department is not smooth, resources cannot be shared, and a real supervision mechanism has not been established, resulting in a single channel for procuratorial organs to grasp the handling of cases by the administrative law enforcement department, and the supervision mechanism cannot be implemented in time. In view of the existing problems, the author thinks: first, we should strengthen the joint meeting system established between procuratorial organs and administrative law enforcement units in the jurisdiction, make the joint meeting system normal and practical, and use practical actions to promote the connection between administrative law enforcement and criminal justice in this area; Secondly, the establishment of information sharing system is also an important guarantee to strengthen the connection and supervision, providing accurate and reliable data and information resources for the legal supervision of procuratorial organs at any time and anywhere; Third, in view of the problems existing in the process of handling cases by administrative law enforcement departments, such as the lack of mastery and clarity of criminal filing standards, unclear provisions on related crimes in criminal law, weak awareness of evidence and insufficient evidence collection, some legal lectures and symposiums were held in a targeted manner. Through this form, we can get familiar with the situation, find problems, discuss problems, solve problems in combination with the law, and dredge the channel of case transfer between public security organs and administrative law enforcement organs through case filing supervision, with a view to promoting administrative law enforcement and criminal justice. Third, do a good job in several aspects, form an extended pattern of investigation and supervision, do a good job in the contact of various departments within the procuratorial organs, form a "investigation and supervision" consortium, and give full play to the overall advantages of the procuratorial organs. On the one hand, strengthen the contact between the investigation and supervision department and the appeal department. The investigation and supervision department should strengthen the contact with the application control department, establish a contact notification system, and actively cooperate with the application control department to do a good job in interest litigation and crack down on visits on the basis of earnestly implementing the "first responsibility system". In addition, the investigation and supervision departments should strengthen contact with anti-corruption, criminal investigation, people's bank and other departments, establish corresponding contact systems, use regular or irregular notifications to find problems and deal with them in time, so as to truly implement the supervision work and form a chess game of supervision. 2. Strengthen contact with grass-roots police stations and criminal investigation departments, and extend the breadth and depth of communication. In order to adapt to the characteristics and requirements of public security work in the new era, combined with the three responsibilities of investigation and supervision work, according to the characteristics of supervision work, investigation and supervision departments should strengthen contact with grass-roots public security police stations and criminal investigation departments, establish contact points, grasp the new situations and problems contained in case investigation by public security organs in time, and study and solve them in time in combination with the actual situation of public security work. Achieve the purpose of mutual promotion and mutual improvement. There should be strict supervision and close cooperation in the work, so that the supervision work is exactly the same as the contact and cooperation work, forming a joint force. 3, strengthen the contact with the court, the judicial department, through the contact with the court in a timely manner to understand the judge's understanding and trial of different cases. At the same time, we should strengthen our contact with lawyers, so as to learn from each other and improve each other. Through these work, we can further improve the professional quality of police officers in investigation and supervision, and improve the quality of investigation and supervision work. The fourth is to intervene in the investigation activities of public security organs in advance, participate in the discussion of major cases, put forward investigation suggestions, guide the investigation and evidence collection of public security organs to intervene in the investigation activities of public security organs in advance, and participate in the discussion of major cases. On the one hand, the investigation and supervision department can be familiar with the case in advance and understand the case. Therefore, the key evidence of the case can be fixed in time, the problems existing in the evidence can be solved before the public security organ submits the arrest report, the quality of the arrest report can be improved, and the time limit for handling the case can be shortened; On the other hand, we can find out in time whether the public security organs have violated the litigation procedures and illegally obtained evidence in the investigation and evidence collection activities. Once the public security organ is found to have violated the provisions of the litigation procedure and illegally obtained evidence in its work, it shall promptly issue a Notice of Correction of Violation and put forward rectification opinions to correct it. Make the investigation and evidence collection work of public security organs truly meet the requirements of the law, and truly handle cases strictly according to law. Five, give full play to the role of procuratorial suggestions, give full play to the procuratorial function. Procuratorial proposal is a kind of supervision document widely used by procuratorial organs. It is not only applicable to public security organs, but also to case-handling units and relevant functional departments. It is a document that procuratorial organs establish rules and regulations to stop the leakage in the performance of legal supervision functions in view of the problems and loopholes in daily management and rules and regulations of case-handling units (or departments), case-handling units and relevant functional departments. Its purpose is to help organs, enterprises and institutions improve and modify management rules and regulations, so that the work can be truly legalized. This requires us to pay attention to finding the weak links and loopholes in the system management of the case-handling unit and the case-issuing unit or department, and put forward rectification opinions in time when problems are found, so as to truly standardize and systematize the management system. The investigation and supervision work should make use of the favorable conditions for handling cases, pay attention to finding the weak links and loopholes in the system management of the case-handling unit and the case-issuing unit or department in the case review work, put forward corrective opinions in time when problems are found, truly standardize and institutionalize the management system, and give full play to the legal supervision role of procuratorial organs in the overall work of social management and economic construction.