Carry out a one-year special inspection activity on criminal complaints concerning property rights and state compensation cases.
Luo, deputy director of the Supreme People's Procuratorate Criminal Complaints Office, said that in recent years, procuratorial organs have made some achievements in handling criminal complaints concerning property rights, but there are also some problems and shortcomings: First, the work is not balanced enough. For example, at present, the supervision of property rights cases is carried out well, relatively concentrated in several provinces; Second, some places pay insufficient attention to the procuratorial work of criminal complaints involving property rights, and are timid about disputes and improper intervention involving property rights, and the means to effectively promote the work are insufficient; Third, compared with the new requirements of judicial protection of property rights, the quality and ability of the criminal appeal procuratorial team still have some inadaptability.
Next, the Supreme People's Procuratorate will take measures in the following aspects: First, continue to increase the intensity of handling cases. The Supreme People's Procuratorate decided to launch a one-year special inspection activity on criminal complaints and state compensation cases involving property rights in 20 18, urging all localities to further strengthen the judicial protection of property rights in criminal complaints and procuratorial work, and continue to intensify the handling of criminal complaints and state compensation cases involving property rights, forming a momentum, discovering, screening, urging and correcting a number of typical cases, and implementing major cases.
Second, continue to strengthen the follow-up supervision of criminal complaints and state compensation cases supervised by the listing. Strengthen the on-site supervision and follow-up guidance of ongoing cases to ensure the quality and efficiency of handling cases.
The third is to further improve the handling mechanism for handling criminal complaints involving property rights and state compensation cases. Explore the establishment of prosecutors' case-handling teams in some places to handle criminal complaints and state compensation cases involving property rights or prosecutors who clearly handle such cases, strengthen the flexible use of integrated case-handling and off-site review case-handling mechanisms, strengthen targeted business training, and continuously improve the professional judicial level of property rights complaints.
How can the inspection organ smooth the channels so that the complaints that should be accepted according to law can be properly handled?
Established a "through train" with the procuratorate.
Some cases of entrepreneurs have been complained for many years, but there are many obstacles, which have caused damage to entrepreneurs' personal property. Luo said that this problem actually exists not only in cases appealed by entrepreneurs, but also in other criminal appeal cases, which can be said to be a prominent feature of the supervision and correction of criminal unjust, false and wrong cases. The main reason is that the handling of criminal appeal cases is a re-examination of the original cases, and higher standards and stricter procedures must be adhered to.
The examination, identification, screening and correction of criminal unjust, false and misjudged cases is a meticulous, complex and all-round work, and there are also great disputes among many handling organs. Many cases need to verify and review a large amount of evidence, and they need to be handled according to the law and regulations. Sometimes major complaints involving entrepreneurs will also involve local interests, and it is inevitable that there will be various obstacles that need to be eliminated according to law under the leadership of the party Committee. These all need a process.
Luo said that at present, procuratorial organs at all levels require that complaints from citizens and legal persons must be accepted. Citizens and legal persons may also report to the procuratorial organ at the next higher level, and the procuratorial organ at the next higher level shall urge them to accept it. Last year, a "through train" was established with the procuratorial department to ensure that the criminal complaint procuratorial department can accept and handle cases in a timely manner according to law.
Once the handling of criminal cases involving property rights produces unjust, false and wrong cases, the losses that may be brought to enterprises are incalculable. What are the considerations and suggestions of the procuratorate?
Strengthen the guidance and supervision of local procuratorial organs.
Luo said that from the current situation, most criminal cases involving property rights involve huge property interests. Once a mistake is made, the loss to the enterprise is incalculable. According to the current legal system, even if the state compensation procedure is started and full compensation is made according to law, it is difficult to make up for the huge losses brought to enterprises.
Some unjust cases and misjudged cases lead to bankruptcy or exist in name only. Even if their property is compensated, it is difficult for some enterprises to return to the ever-changing market. The Supreme People's Procuratorate will continue to strengthen the guidance and supervision of local procuratorial organs, continuously strengthen the protection of property rights in the fields of criminal complaints and state compensation, and avoid, reduce and recover the losses of enterprises to the maximum extent.