Resolution of the Standing Committee of Hunan Provincial People's Congress on Strengthening the Legal Supervision of the People's Procuratorate in the New Period

First, people's procuratorates should adhere to the absolute leadership of the Party, adhere to the constitutional orientation of legal supervision organs, consciously accept the supervision of the NPC and its Standing Committee, enhance the awareness of legal supervision, improve the legal supervision mechanism, standardize legal supervision behavior, improve the quality and effect of legal supervision, dare to supervise, be good at supervision, and strive to make the people feel fair and just in every judicial case. Second, the people's procuratorates should strengthen criminal procuratorial work, increase supervision over criminal filing, investigation, trial and execution, and make efforts to prevent and correct acts such as not filing a case, illegally filing a case, illegally obtaining evidence, illegally applying compulsory measures, illegally sealing up and freezing, improperly sentencing, and temporarily executing it outside prison. We will improve the working mechanism of "integration of arrest and prosecution", leniency in pleading guilty, procuratorial work for minors, patrol procuratorial work in supervision places, and procuratorial cooperation between the military and the people. Three, the people's Procuratorate shall strengthen the civil procuratorial work, and supervise the effective civil judgment ruling, mediation, civil trial and execution activities according to law. Strengthen the supervision of false litigation, malicious litigation, perverting the law arbitration and other acts. Strengthen supervision over the people's courts' seizure, seizure, freezing and handling of the property involved, and protect the legitimate rights and interests of citizens, legal persons and other organizations according to law. Four, the people's Procuratorate shall strengthen the administrative procuratorial work, strengthen the supervision of illegal administrative trials, administrative judgments and administrative non-litigation execution. Strengthen the supervision of illegal activities of administrative organs in litigation activities and put forward procuratorial suggestions according to law. Five, the people's Procuratorate should strengthen the procuratorial work of public interest litigation, increase the handling of cases in the fields of ecological environment and resource protection, food and drug safety, state-owned property protection, the transfer of state-owned land use rights, and the protection of heroes and martyrs, explore new areas and scope of procuratorial work of public interest litigation, and gradually establish a punitive compensation mechanism for public interest litigation. If an administrative organ and its staff illegally exercise their functions and powers or fail to exercise their functions and powers, they shall urge them to make corrections according to law. Support relevant public welfare organizations to participate in civil public interest litigation according to law. Six, the people's Procuratorate shall deepen the reform of the people's supervisor system, deepen the openness of procuratorial work, promote the construction of intelligent procuratorial work, and explore the establishment of an expert consultation system. We will implement the system of reasoning with procuratorial documents and informing the parties of their rights and obligations, promote the publicity of legal supervision cases, and actively accept social supervision and public opinion supervision.

The people's procuratorate shall guarantee and safeguard lawyers' practice rights such as meeting, marking papers, investigation and evidence collection according to law. Seven, the people's Procuratorate should strengthen its own construction, constantly optimize the team structure, improve the internal management and supervision mechanism such as case quality evaluation, and strictly implement the judicial responsibility system.

The people's Procuratorate shall strengthen supervision over the illegal and criminal acts of judicial personnel in litigation activities, and investigate and deal with relevant duty crimes of judicial personnel according to law. Standardize the communication between judicial staff and parties, lawyers, special stakeholders and intermediary organizations according to law, and severely investigate and deal with judicial brokers. Eight, the people's Procuratorate to perform legal supervision duties, can be investigated and verified according to law, the relevant units and individuals shall cooperate and provide evidence truthfully; In the investigation, the public security organ shall deal with illegal and suspected criminal acts that hinder the people's procuratorate from performing its duties according to law.

In the case protested by the people's procuratorate, the people's court shall correct the wrong judgment, ruling and conciliation statement. When the people's procuratorate puts forward procuratorial suggestions, the supervised unit shall handle them according to law and reply within the prescribed time limit.

If the relevant authorities refuse to correct the legal supervision documents issued by the people's procuratorate without justifiable reasons, the people's procuratorate may report the situation to its superior organ or competent department, and report to the Standing Committee of the people's congress at the same level when necessary, and the relevant special committees shall put forward suggestions for handling according to law. Nine, the people's governments at all levels shall support the people's Procuratorate to carry out legal supervision according to law, and its relevant departments shall accept the legal supervision of the people's Procuratorate. The funds for the people's procuratorates at all levels to carry out legal supervision shall be guaranteed by the financial department of the provincial people's government.

The supervisory committees at all levels shall support the people's procuratorates to carry out legal supervision, and shall handle the clues of duty violations and duty crimes transferred by the people's procuratorates according to law.

People's courts, public security organs, penalty execution supervision organs and people's procuratorates shall establish an information sharing platform to realize the interconnection of case handling systems. Improve cooperation mechanisms such as clue transfer, file access, case investigation, and special supervision and governance. The procurator-general shall attend the meetings of the judicial committees of the people's courts at the same level as nonvoting delegates.

The administrative law enforcement organs should improve the joint meeting, information sharing, case transfer and other systems to promote the effective connection between administrative law enforcement and criminal justice.

The news media should increase the publicity of typical cases and improve the social awareness of the legal supervision work of the people's procuratorates. Ten, people's congresses at all levels and their standing committees shall support the people's procuratorates to strengthen legal supervision, and supervise the people's procuratorates to effectively perform their legal supervision duties according to law by listening to and deliberating special work reports, carrying out law enforcement inspections, and organizing special inspections.

This resolution shall come into force as of the date of promulgation. 2010165438+1On October 27th, the 19th meeting of the Standing Committee of the 11th People's Congress of Hunan Province passed the Resolution of the Standing Committee of Hunan Provincial People's Congress on Strengthening the Legal Supervision of the People's Procuratorate over Litigation Activities, which shall be abolished at the same time.