Research Report on the Criminal Trial Work of the County Court
According to the arrangement of the main work points of the County People’s Congress Standing Committee in 2009, on October 12, Comrade Qin Xianbin, director of the County People’s Congress in charge of the Judicial Working Committee, visited the county Under the leadership of the leaders of the People's Court, a special survey was conducted on the criminal trial work since 2007. The research team listened to reports on criminal trial work from relevant courts, offices, offices and teams in the county court, and held a meeting at the county justice bureau with heads of the county party committee’s political and legal committee, county procuratorate, public security bureau, justice bureau, letters and calls bureau and other departments, The symposium attended by National People's Congress representatives and lawyers adopted methods such as listening to reports, exchanging discussions, and reviewing case materials, and gained a relatively comprehensive understanding of the county's criminal trial work. The investigation situation is now reported as follows:
1. Basic situation
In recent years, the County People’s Court has adopted the important thought of "Three Represents" and the scientific outlook on development. As a guide, closely focusing on the guiding principle of "Fair justice, serving the people wholeheartedly!" and taking "Justice and Efficiency" as the work theme, great achievements have been made in combating crime, comprehensive management of social security, and team building for criminal justice reform. The achievements have provided a strong judicial guarantee for our county's reform and opening up, economic development and social harmony and stability. In 2007 and 2008, the criminal court of this hospital won the title of Advanced Collective in the city's court system and was awarded the third-class collective merit once, which reflects the overall level of the comprehensive quality of the criminal trial work of this hospital.
1. Strictly control the criminal trial function to better play its role. The leaders of the hospital have always attached great importance to criminal trial work, regularly listen to special reports on criminal trial work, and conduct analysis and research on major issues and important situations in criminal trial work. They adhere to the "crack down" policy, highlight key points, give full play to the functions of the adjudication committee, and severely crack down on serious violent crimes such as robbery, intentional injury, frequent crimes against property, and agriculture-related crimes in accordance with the law to protect the safety of people's lives and property; punish vandalism in accordance with the law Crimes committed in the market economic order ensure the healthy development of the socialist market economy; punish some job-related crimes in accordance with the law, intensify the crackdown on job-related crimes, and ensure the safety of people's lives. Punish a number of job-related crimes in accordance with the law, and intensify the special work on commercial bribery to promote the in-depth development of the special campaign against gangs and evil.
In 2007, the County Court **** accepted 480 criminal cases of various types and concluded 460 cases. The defendants were sentenced to fixed-term imprisonment of more than three years in 105 cases (155 people according to law), and in 132 cases 170 defendants were sentenced to probation. There were 14 cases in which 17 people were exempted from criminal punishment, and 22 cases in which 29 people were fined alone. There were 26 cases in which the defendants appealed against the first-instance judgment. After hearing by the Intermediate People's Court, 24 cases were upheld and 2 cases were partially modified to apply for probation. In the 2 cases protested by the County Procuratorate, the sentences were partially modified in both cases.
2. Treat both the symptoms and root causes, and actively participate in the comprehensive management of social security. First, conscientiously implement the criminal policy of combining punishment with leniency. First-time offenders and occasional offenders with relatively minor crimes and greater social harm will be given lighter sentences of probation, control, criminal detention, and fines in accordance with the law, and assist relevant units to do supervision work. The second is to use flexible public prosecution methods, select typical cases, carry out in-depth legal publicity through public trials, and organize people’s congress deputies, CPPCC members, public security officers, tobacco system personnel, and people from all walks of life to participate in court trials and news reports, so as to achieve the goal of hearing one case and warning one. The purpose of criticism and education is to expand the social effect of the trial. The third is to adhere to the principle of "education first, punishment supplementary", give full play to the function and role of juvenile courts in preventing juvenile crimes, be lenient when lenient, strict when stern, combine leniency with severity, and punish the crime as much as possible. Work to prevent and reduce crime. In 2007, the county court concluded 40 criminal cases involving 70 juveniles, and made follow-up visits to the homes of prisoners in schools and communities from time to time. Conduct home follow-up visits to inmates in schools and communities to understand their transformation status, and effectively try a group of people, rescue a group of people, and educate a group of people, so as to achieve the unification of legal effects and social effects. Since 2007, none of the juvenile offenders who have been tried has committed another crime.
3. Actively explore and continuously innovate criminal trial working methods. The county court attaches great importance to criminal trial work, constantly improves the criminal trial management mechanism, and strictly assesses various quality indicators such as case mediation rate, in-court verdict rate, guilty verdict rate, and appeal development and reform rate.
Since 2007, the verdict rate of criminal cases in this court has reached 75%; it has fully implemented the open trial system and made the trial process, reasons and results public for 100% of the cases that can be tried publicly, so that fair justice can truly be carried out. throughout the criminal trial process.
4. Strengthen awareness and consciously accept the supervision of the County People’s Congress. First, regularly contact the relevant working committee of the County People’s Congress, and listen humbly to the opinions and suggestions of members of the Standing Committee of the National People’s Congress and National People’s Congress deputies on the criminal trial work; second, in daily work, conscientiously implement the judicial reporting system and report all major issues in the criminal trial work. Issues, major activities, and major cases are all reported to the Standing Committee of the National People’s Congress in a timely manner; third, it takes the initiative to invite members of the Standing Committee of the National People’s Congress and deputies to observe case hearings. Since 2007, the Criminal Court has invited some members of the Standing Committee of the National People’s Congress and deputies to the National People’s Congress *** 6 times 26 people attended the criminal trial, which was well received; fourth, we carefully handled the criminal cases that were criticized, commented, and suggested by the National People's Congress deputies, and we achieved "high attention, serious handling, replies to every case, and responses to everything." All cases were closed and reported in a timely manner as required, to the satisfaction of both the parties concerned and the superior departments.
2. Existing problems
First, in a few cases, there are lax standards in accurate sentencing and the application of the criminal policy of combining leniency with severity. For example, since 2007, the Municipal Intermediate People's Court has directly changed the sentences of 2 criminal complaint cases in our county, and suspended sentences were applied in both cases. Two protests were lodged in the procuratorate, one case was commuted because it was considered that probation was not applicable, and one case was commuted because the sentence was deemed to be too light. In addition, there are certain deviations in the application of fine penalties in some cases, and there is a phenomenon of pre-sentence negotiation. Second, the construction of the juvenile collegiate trial work mechanism and system needs to be further improved, the level of juvenile trial work needs to be further improved, the scope of regular work such as social education on juvenile crime prevention needs to be further expanded and explored, and the extended education on juvenile crime needs to be further strengthened. , the return of minors who have been sentenced for committing crimes needs to be further improved. Third, the judicial philosophy of some judges cannot adapt to the needs of the new situation. The problem of handling cases in isolation, focusing only on legal effects and ignoring social effects still exists. For example: a small number of criminal cases are caused by civil disputes, and the cause of the case and the execution effect of the case are not fully considered when sentencing, which affects the rights of the defendant or the victim to a certain extent and causes some different opinions.
3. Several suggestions
1. Further change the concept of criminal justice and better implement the criminal policy of combining leniency with severity. In criminal trial work, we must establish correct judicial concepts and strengthen human rights protection in the criminal justice field. It is necessary to adhere to the principle of "stable, accurate and ruthless" and severely crack down on serious criminal offenders in accordance with the law. It is also necessary to implement the people-oriented law enforcement concept. On the basis of adhering to the legal principles of legality of crimes and appropriateness of crimes and punishments, and equal application of criminal law, it is beneficial to The starting point is to reduce crime, enhance people's sense of security, and promote social harmony, and accurately grasp the implementation of the judicial concept of combining leniency with severity. Pay close attention to the implementation of combining leniency with severity. Criminal policy should assess the situation, treat them differently, combine leniency with severity, and punish crimes appropriately, so as to achieve the unity of legal effects and social effects, and promote social harmony and stability.
2. Further intensify the reform of criminal trial methods to ensure the quality and efficiency of criminal trials. It is necessary to conscientiously implement the various principles and systems established by the Criminal Procedure Law, try every criminal case fairly and in accordance with the law, and effectively ensure that the rulings and judgments made can withstand the evaluation of the law and society, withstand the test of history, and achieve substantive fairness and procedural justice. Just organic unity. It is necessary to ensure that lawyers fully perform their defense duties in accordance with the law, protect the human rights of defendants in accordance with the law, protect the rights of victims to participate in criminal proceedings in accordance with the law, and promote the implementation of measures to protect the rights and interests of victims. It is necessary to effectively implement the principle of evidence-based adjudication, adhere to the legal standard of reliable and sufficient evidence, use facts as the basis and the law as the criterion to ensure the quality of adjudication. In particular, we must carefully study the characteristics of juvenile delinquency, focus on introducing psychological counseling into juvenile court work, and help minors establish a correct outlook on life and correctly face the challenges they encounter in the process of growing up based on their psychological disorders and personality defects. Go through twists and turns and fail to improve social adaptability. It is necessary to adhere to the principles of fairness first and efficiency first, and further improve the efficiency of case handling while ensuring the quality of trials. It is necessary to do a good job in the pilot work of standardizing sentencing, standardize the correct exercise of criminal discretion in accordance with the law, and maintain the unity of the legal system.
3. Further strengthen the construction of the criminal trial team and improve the overall quality of judicial personnel.
It is necessary to comprehensively strengthen the construction of the criminal trial team to ensure that the criminal judge team is politically firm, professionally skilled, has a good style, and is judicially impartial. The first is to strengthen ideological and political construction, enhance political awareness, awareness of the overall situation, and awareness of responsibility, and ensure political clarity and firmness. The second is to strengthen judicial capacity building, continuously improve the ability of criminal judges to grasp the spirit of legal policies, do a good job in mass work, enhance the ability to identify facts, apply laws, interpret laws and reason, and resolve disputes, and strive for better social effects. The third is to strengthen the construction of trial style, firmly establish the concept of the masses, pay more attention to protecting people's livelihood, and safeguard the legitimate rights and interests of the parties. The fourth is to strengthen judicial education on integrity, continuously improve the standardization system for criminal trial activities, improve supervision and management, seriously investigate and deal with violations of disciplines and laws, and ensure fair and honest administration of justice.
4. Further increase publicity efforts and expand the social effects of the trial. On the basis of actively inviting deputies to the National People's Congress and members of the CPPCC to observe some cases that have great social impact and are of widespread concern to the public, we try to hold press conferences, hearings and other forms for some major and complex cases to strive for understanding and support from all walks of life. It is necessary to strengthen contact with relevant publicity units of the news media, conduct in-depth analysis and publicity of public trials and public pronouncements of major cases in accordance with the law, so that they can truly play an educational role in pronouncing a case and consolidate and expand the social effects of trials. We should focus on summarizing, promoting and publicizing good experiences, good practices and good models in criminal trial work, and establish a good image of the court's criminal trial work and criminal judges. ;