The "Relationship between the Three Agencies of Public Security, Procuratorial and Legal Affairs" points out that "the three agencies, under the leadership of the Party, cooperate with, restrict and coordinate each other, and jointly complete a task, which is to attack the enemy and protect the The people are to consolidate and develop a stable, united, and lively political situation under the rule of law. This is like a factory with three workshops and three processes. The police have one process, the procuratorate has one process, and the courts have one process. , all under the leadership of the party, all implementing the same law, divided into three, and the three merged into one. Don’t talk about whether you are bigger or me, whether you are more important or I am more important. Whoever’s opinion is right will be respected.”
"Under the unified leadership of the party, the public, prosecutorial and judicial organs are divided into three processes, which cooperate, cooperate and restrict each other. The same case, one fact, one law and one policy, Why can't leaders of a party cooperate with each other, especially to clarify and verify the facts and circumstances of crimes? Mutual restraint is not to argue with each other, but to better ensure that the three agencies can act correctly and in accordance with the law. p>
The criminal legal relationship between criminal justice agencies is a relationship of opposing sides, that is, the so-called "public affairs, prosecutors, and law are all members of the same family, and defense lawyers are public servants, twisting into a rope to beat the enemy." ". Generally speaking, there is a lack of litigation concept in which judicial power has the highest authority in modern criminal proceedings and the power of investigation exercises the power of judicial review.
The ruling party’s absolute leadership over judicial work
my country’s public security organs have always relied closely on the masses and the leadership of the party committee. Historically, security work has made mistakes of mysticism and isolationism. Under the leadership of the Party Central Committee headed by Chairman Mao Zedong, these mistakes have been corrected. From then on, security work has always relied on the masses.
"Judicial work must not only act in accordance with principles and policies, but also act in accordance with the law."
No matter who the court tries, it must act in accordance with the law. As long as the law is violated, it must be judged in accordance with the law. . The court implements a collective leadership system, and the judicial committee is an internal institution of democratic centralism. Except for simple civil cases, the court implements a collegial system to handle cases. The independence of the court in judicial activities refers to the organizational independence of the court agency, not the independence of individual judges. At the same time, this independence is only relative. Courts are responsible for and report on their work to the people's congress at the same level and its standing committee, and lower courts are subject to the supervision of higher courts and procuratorates. Therefore, courts are not privileged organs. The so-called independent exercise of powers means that the court only exercises judicial power in accordance with the law and conducts trials in accordance with the law. That is to say, the court's judicial activities are subject to the law and are not subject to other interference.
The procuratorial organs exercise their powers independently without interference from local state agencies in order to ensure the uniform and correct implementation of the law throughout the country. Prosecution agencies are different from courts. Except for the Chief Prosecutor of the Supreme People's Procuratorate, who is elected, the courts are elected and the procuratorial organs are appointed. The courts implement a collegial system and the procuratorial organs implement a chief responsibility system. This system of chief responsibility is based on democratic centralism and emphasizes the principle of combining collective leadership with individual division of labor and responsibility. The Procuratorial Committee is not only an organizational form of collective leadership, but also discusses and studies major issues in procuratorial work under the leadership of the Chief Prosecutor. If the procuratorial committee disagrees with the chief prosecutor, the decision shall be made by the chief prosecutor, but must be reported to the higher-level procuratorial agency.
The courts implement an independent trial system and the procuratorial organs implement a vertical leadership system, which does not mean that they do not need the leadership of the party. Our country is communist and we must adhere to the party's leadership.
The Party leads us to formulate laws, and the Party also leads us to implement and enforce laws. The Party’s leadership does not affect independent trials. The procuratorial organs implement vertical leadership and are not subject to interference by local state agencies. However, they must adhere to the leadership of the party, rely on the people, follow the mass line, and accept supervision by the masses. The leadership of the party is to ensure that the procuratorial organs correctly exercise their powers and complete their tasks. Therefore, the party’s leadership over the three organs of public security, courts, and procuratorates must be strengthened. Only in this way can the work be done well.
The working relationship between the three organs of public security, procuratorates, and courts is to promote and maintain the socialist legal system at work and implement Division of labor and responsibilities and mutual checks to ensure accurate crackdowns on counterrevolutionary and other criminal crimes and the protection of the people. The draft Criminal Procedure Law stipulates the powers and working relationships of the three agencies from a procedural perspective. Public security organs are responsible for the investigation, detention and pre-trial of criminal cases. The Procuratorate is responsible for approving arrests, prosecuting (including investigations), and filing public prosecutions. If the public security organ has objections to the procuratorate's decision, it may submit a request for reconsideration. The court is responsible for the trial of the case. If the procuratorate has objections to the court's judgment, it may lodge a protest.
"The independent exercise of powers by the two chambers is not a request of Comrades Huang Huoqing and Jiang Hua, nor a request of any comrades in the court or procuratorate, but a solemn duty entrusted to them by the Party Central Committee, the National People's Congress and the people of the country. This responsibility It's very important. It stipulates that the "two chambers" independently exercise their powers and everyone is equal before the law. This is not a new thing. It was formulated by the Party Central Committee and the National People's Congress headed by Comrade Mao Zedong as early as 1954. my country's first constitution and courts and procuratorates It was clearly stipulated in the Constitution of the People's Republic of China, and it is also our consistent position. The Party Central Committee and the National People's Congress clearly stipulated this as early as 1954 when they formulated my country's first Constitution and the Organic Law of the Courts and Procuratorates. This is also our consistent position. Judgment must be based on facts and the law. No one has any privileges before the law. To obey the law is to obey the leadership of the Party Central Committee and the supreme state. The decision of the authority is to obey the people of the whole country, which is to ensure the unity of the people of all ethnic groups in the country and the unity of the country. "
"The party committee's failure to approve ordinary cases is to deny or weaken the party. Leadership? No, that is absolutely not the case. On the contrary, it is necessary to strengthen the leadership of the party committee over the public security, procuratorate, and judicial organs, especially to lead and support the independent exercise of powers of the "two houses" and to inspect and urge the public procuratorate, procuratorate, and judicial organs to conscientiously implement the party's policies. We must adhere to the country's principles and policies, conscientiously and correctly implement the law, handle cases strictly in accordance with the law and disciplines, and equip public, procuratorate, and legal agencies, especially procuratorates and courts, with a sufficient number of capable cadres who are politically reliable, have good ideological styles, and have strong work ability. . Some incompetent cadres cannot be passed on to the public security organs as a burden. There is also a lot of ideological and political work that the party committee must do well. In short, without the leadership of the party committee, it is impossible for the public security, procuratorate, and law enforcement agencies to complete the tasks assigned by the party and the state. Task. "
"If the judiciary is independent, does it still need the leadership of the party? This is an old question. Some people point out that courts are independent and only obey the law, and no agency, group or individual is allowed to interfere or impose. In this case, are they still under the leadership of the Party? Are they still responsible to the People's Congress and its Standing Committee? The police, the procuratorate, and the law are also interfering with each other. Can't they do this? Expressing an opinion on the trial is also an influence. Isn't this okay? Even the judge should be independent, not the leader of the trial committee, the president, or the president. He can only have the final say. OK? The Party leads the people to make laws, and the Party also leads the people to implement the laws. Political and legal organs are autocratic organs that have the power of life and death. They must be placed under the leadership of party committees at all levels, and they will still be their own systems. , implement vertical leadership, break away from the leadership of line-level party committees, and do not rely on the leadership of the party, it is impossible to do a good job and successfully complete the task, especially if the public security organs keep secrets, blockade, or only report to the party committee. If the party committee reflects one-sided situations and breaks away from the leadership of the party, trouble will occur. In this regard, China and the Soviet Union have learned many lessons."
Under the leadership of the party, it is the tradition of our party to combine specialized agencies with the mass line and has rich experience.
The mass line is the fundamental line for all work of our party. In other words, we do all our work for the people, rely on the people, come from the people, and go to the people. Pay attention to it and stick to it. Otherwise, the work will not be done well."
"Political and legal organs have very heavy tasks, and they must be pure politically, ideologically, and organizationally. The political and legal team must be loyal to the party and socialism, which means being loyal to the people and the motherland. Whether you are a party member or a non-party member, you must hold yourself to such standards."