Zhu Chunsheng: How to implement the mechanism of law enforcement for the people?

The thought of socialist rule of law was put forward by the CPC Central Committee with Hu Jintao as the general secretary from the overall situation of socialist modernization and under the guidance of Marxist legal theory. On the basis of summing up the practical experience of China's rule of law construction and drawing lessons from the achievements of the world's rule of law civilization, important decisions have been made. Law enforcement for the people is the essential requirement of the socialist concept of rule of law and plays an extremely important role in building a socialist country ruled by law. Procuratorial organs exercise the power of legal supervision, bearing the people's hopes and entrustment. As an important part of China's judicial system, procuratorial organs should start with upholding the people's interests above all else, strengthening legal supervision, safeguarding fairness and justice and building their own ranks, earnestly safeguard the interests of the country and the people, and truly implement law enforcement for the people. Key words: procuratorial work, the concept of law enforcement for the people and law enforcement for the people is the essential requirement of socialist rule of law, the fundamental purpose of serving the people wholeheartedly, and the embodiment of the ruling concept of building the party for the public and governing for the people in political and legal work. As the legal supervision organ of the country, the core of procuratorial work lies in safeguarding and safeguarding the fundamental interests of the people and realizing law enforcement for the people. Procuratorial work should always keep the correct direction of serving the people and socialism. The concept of law enforcement for the people requires procuratorial organs to take the realization of people's wishes, meeting people's needs and safeguarding people's fundamental interests as the starting point and end result of procuratorial work, adhere to the working route of coming from the masses and going to the masses, firmly establish the purpose and concept of serving the people wholeheartedly, and respect and protect human rights for the people and relying on them. Only by firmly establishing the concept of law enforcement for the people can procuratorial work always maintain the correct political direction. "Making procuratorial work for the public and enforcing law for the people" is the foundation and essential requirement of procuratorial organs, and we need procuratorial work for the people. I want to talk about my humble opinion on how to do a good job in procuratorial work and enforce the law for the people. I. Basic Requirements for Procuratorial Work to Do Law Enforcement for the People (I) Procuratorial Work to do law enforcement for the people requires us to take safeguarding the people's interests as the fundamental purpose of procuratorial work, to realize, safeguard and develop the fundamental interests of the overwhelming majority of the people, to satisfy the most concerned, direct and realistic vital interests of the people as the fundamental starting point and end result of procuratorial work, to take people's satisfaction and dissatisfaction as the fundamental standard to measure the quality of procuratorial work, and to always take people's emotions as the first signal. Severely crack down on all kinds of criminal crimes, directly protect the vital interests of the people, create a good public security environment for the people to live and work in peace and contentment, and enhance their sense of security. Seriously investigate and deal with duty crimes that infringe upon the legitimate rights and interests of the masses, and urge administrative organs to better serve the people. In the process of law enforcement, we should pay attention to coordinating the interests of the government and the masses and handle the contradictions between the government and the masses well; Adhere to the principle of fairness, be fair, objective and fair, and do not harm the legitimate interests of either party. It is necessary to strengthen litigation supervision and curb the judicial injustice that the people are concerned about. (2) Procuratorial work to protect the people should provide perfect judicial protection for the common and universal human rights of the broad masses of the people. Effectively protect the common and universal rights of the broad masses of the people to exist, develop and other political, economic, cultural and social rights. Firmly establish the modern spirit of the rule of law, establish the law enforcement concept of paying equal attention to cracking down on crimes and safeguarding human rights, implement the principle of respecting and safeguarding human rights, adhere to the principle of a legally prescribed punishment for a crime and never suspecting a crime, and pay attention to achieving the unity of legal and social effects in every case and every link of procuratorial work. Correctly grasp the national criminal policy and seriously investigate and deal with criminal cases of human rights violations, which not only resolutely crack down on crimes according to law, but also effectively protect innocent people from criminal investigation. Insist on handling cases in accordance with the law, protect the litigation rights of all participants in litigation, and earnestly ensure that the guilty are prosecuted, the innocence is protected, and the law is strictly enforced and civilized. (3) the procuratorial work depends on the people, and the people promote the procuratorial work. Procuratorial work must consciously adhere to the party's mass line, firmly believe in the masses, closely rely on the masses, fully respect the people's initiative in procuratorial work, strive to concentrate the wisdom of the people, and draw inexhaustible motive force for the development of procuratorial work from the people. It is necessary to rely on the masses to supervise procuratorial work. By adhering to and developing people's supervisors, mobilize and organize the people to participate in procuratorial work to the widest extent; Increase the transparency of procuratorial work through the openness of procuratorial affairs, and promote the scientific and democratic handling of cases; Through accepting letters and visits and other channels, we should go deep into the masses and practice, grasp the truest, truest and latest public feelings in time and accurately, find a breakthrough in procuratorial work from the voices and wishes of the masses, scientifically formulate procuratorial principles and policies that conform to the people's hearts, and handle cases that conform to the people's hearts in time. (four) the convenience of the people's procuratorate to smooth the channels for the people to exercise their power. China is a socialist country under the people's democratic dictatorship, and the power of the state belongs to the people in the final analysis. Procuratorial organs are produced by the National People's Congress, and procuratorial power belongs to the people. Procurators are entrusted by the people to engage in legal supervision, and people's participation in the operation of procuratorial power belongs to the proper meaning of procuratorial power. It is necessary to innovate the working mechanism so that the people can know more about procuratorial work and participate more in procuratorial work. Procuratorial work should broaden the ways of serving the people. In every specific work and every link of handling cases, the thoughts, hopes and needs of the people are analyzed and studied. Based on the concept of "people are anxious", this paper puts forward methods and measures to facilitate the people to participate in procuratorial and litigation, effectively solve outstanding problems in law enforcement practice, and ensure law enforcement for the people. For a long time, the vast number of procuratorial police officers have worked hard to practice the purpose of serving the people wholeheartedly and work hard. Conscientiously, in-depth practice of procuratorial work for the people, protecting the people, relying on the people and facilitating the people, and even bleeding for the procuratorial work, has made great contributions to maintaining social stability and economic development. However, it is undeniable that there are some black sheep in the procuratorial team in China who wantonly infringe on the interests of the people. Some procuratorial police officers, including some leading cadres, have a serious idea of privilege, posing as managers, being above others and being divorced from the masses; Some abuse their powers and pervert the law to handle money cases, relationship cases and human cases: some ignore the sufferings of the masses, turn a blind eye to the people's help, and fail to perform their duties seriously according to law; Some rudely enforce the law, brutally enforce the law, and even extort confessions by torture and abuse coercive measures, seriously infringing on citizens' personal and property rights. The fundamental reason for the above problems is that some procuratorial police officers have not made it clear ideologically that "where power comes from and for whom", and they lack mass concepts and feelings. The concept of law enforcement for the people directly and loudly answers the fundamental questions of "who to trust, who to rely on and for whom" and "for whom to enforce the law, who to rely on and how to enforce the law". Therefore, to solve the above problems from the source, we must firmly establish and vigorously carry forward the concept of serving the people among all procuratorial police officers, unify the guiding ideology of law enforcement with this socialist concept of rule of law, overcome and correct all kinds of incorrect law enforcement concepts and consciousness in the ranks of procuratorial police officers, and ensure that procuratorial work always maintains the correct direction of serving the people and socialism. (1) Correcting the interest-driven problem in law enforcement is one of the outstanding problems in law enforcement activities. It has never been completely solved. In recent years, interest-driven has appeared some new features in some places. In order to solve the problem of funds, some places have adopted financial allocation policies such as fixed expenditure based on income and proportional return of stolen money after being turned over. Although this policy has played a role in alleviating the financial difficulties in handling cases, it also provides soil for the existence and development of interest-driven enterprises. Some local procuratorial organs, driven by interests, investigate cases beyond their authority, arbitrarily detain and confiscate them. Interest-driven and law enforcement for the people are incompatible. Procuratorial organs should proceed from the overall situation of building a socialist legal system, correctly treat the problem of financial difficulties, conscientiously implement the provisions of "two lines of revenue and expenditure", and solve the problem of financial difficulties through legal means and channels. In the face of financial difficulties, leaders of procuratorial organs at all levels should keep a clear head, adhere to strict law enforcement, and cannot take interest-driven as the guiding ideology of law enforcement activities. The behavior of handling cases driven by interests has seriously damaged the image of procuratorial organs and the flesh-and-blood ties between the party and the people. Those who engage in profit-driven illegal cases should be resolutely corrected by hell to pay. (2) Overcoming local and departmental protectionism and realizing the goal of building a well-off society in an all-round way require the unified and correct implementation of the national legal system, which is an inevitable requirement for procuratorial organs to serve the overall situation of the country. However, at present, some local governments or departments demand local and departmental protectionism in the name of serving the overall situation, which has seriously affected the fair image of law enforcement agencies. Local and departmental protectionism is at the expense of the overall interests and the interests of the whole people. Procuratorial organs should fully understand the extreme importance of legal unity and the serious harm of local and departmental protectionism, and resolutely resist it in law enforcement activities in accordance with the requirements of "preventing and overcoming local and departmental protectionism" at the 16th Party Congress. We should conscientiously perform our legal supervision duties, take the lead in resolutely resisting local and departmental protectionism, and play a functional role. For those local and departmental protectionism that affect the justice of law enforcement, it is necessary to supervise and correct it according to legal procedures. (3) Overcoming procedural unfairness and irregular behavior in law enforcement activities From the perspective of strict law enforcement, it is necessary to strictly enforce both procedures and entities. Procedural justice is the process justice of handling a case, while substantive justice is the result justice of handling a case. Procedural justice is the premise of result justice. Unfair procedures not only bring injustice to individual cases, but also a batch of "products" that are unqualified. Due to the bad influence of traditional ideas in our country, there is a widespread phenomenon of emphasizing entity over procedure and ignoring human rights protection in law enforcement. Extorting confessions by torture, handling cases illegally, and prolonged detention are repeatedly prohibited, and lawyers are not supported to perform their duties according to law, and the litigation rights of criminal suspects and defendants are arbitrarily violated and deprived, seriously infringing on the legitimate rights and interests of the people. Procuratorial organs should pay equal attention to procedural justice and substantive justice, combat crime and protect human rights, and equally protect the legitimate rights and interests of all kinds of market participants and litigation participants; Insist on promoting justice through openness and continuously enhance the transparency of law enforcement; Adhere to laws, disciplines and systems to regulate the exercise of law enforcement power, prevent arbitrariness in law enforcement, and make law enforcement work develop along the legal track. (four) to solve the quality of handling cases is an effective carrier of law enforcement level and the lifeline of law enforcement work. Good case quality should be clear facts, conclusive evidence and accurate qualitative analysis; Legal and standardized handling procedures; The legal, political, social and economic effects of handling this case are good. However, due to various reasons, the quality of cases is still not high, and the pursuit of the number of cases still ignores the quality of cases. The existence of these situations has affected the implementation of the concept of law enforcement for the people. Procuratorial organs should constantly enhance the awareness of case quality, correctly handle the relationship between quantity and quality, pay close attention to case quality management, establish a case quality assessment system, reward the excellent and punish the poor, and promote the quality of case handlers and the level of law enforcement. (5) Put an end to bad law enforcement style After the education and rectification work in recent years, the law enforcement style of procuratorial organs has been significantly improved. However, there are still a few prosecutors with weak mass consciousness, serious professional thinking, simple methods, perfunctory prevarication, indifference and rudeness, and even arrogance, which has damaged the image of the party and the government in the eyes of the people. We should make great efforts to further strengthen education and rectification, educate procuratorial police officers to be enthusiastic about the people's sufferings, solve problems for the people, and resolutely abandon the style of yamen; In accordance with the requirements of "eight adherences and eight oppositions", we will strive to create a team of prosecutors who are politically firm, proficient in business, excellent in style, impartial in law enforcement and truly enforce the law for the people. Zhu Chunsheng, Deputy Procurator-General of the People's Procuratorate of Taihe County, Jiangxi Province