The awareness of the rule of law is an important symbol to measure the quality of the people and the degree of national civilization. It is necessary to form a good atmosphere for citizens, all walks of life and all levels to learn, abide by, use and enforce the law. Only when the legal environment of the whole society is optimized and improved can it help to safeguard the fairness and justice of the judiciary and society.
(two) to strengthen the construction of the judicial team, optimize the personnel structure, improve the judicial level.
No matter how advanced, scientific and complete a country's laws and systems are, it is ultimately up to law enforcement personnel to implement them. Therefore, improving the professional quality and law enforcement level of the judicial team is an important prerequisite for realizing judicial fairness and justice. Maintaining the dignity and authority of the constitutional law and handling every criminal case well require the hard work and unremitting efforts of everyone in the judicial team; However, it may be enough for a few judicial personnel not to handle cases fairly according to law to produce a false and wrong case. This shows the importance of strengthening the construction of the judicial team. Therefore, in the recruitment of judicial personnel, we should not only take the exam every time, but also have high standards and strict requirements, and consider the training and selection of judicial personnel from a higher level, thus completely changing the negative impression that public security procuratorial work is "arresting people and closing people" and court judges are "eating plaintiffs and eating defendants". The United States and other developed countries are extremely strict in the selection of judges in the High Court, and there are two indispensable conditions, namely, law graduates from top universities in their own countries and legal personnel who have obtained national judicial qualifications. These useful experiences and practices are worth learning.
Secondly, it is necessary to expand the proportion of law graduates in colleges and universities as prosecutors and judges, solve the contradiction between law graduates in colleges and universities and legal talents in judicial organs, strengthen the connection between the training of legal talents in colleges and universities and the use of talents in judicial organs, and truly enrich the team of legal talents who love the people, are loyal to the judicial cause and have firm beliefs. The sense of mission and responsibility is integrated into the judicial team, especially the selection of outstanding legal talents to the core positions of the judicial team. This is an urgent problem to be solved in the construction of judicial team in China.
Thirdly, we should strengthen the training and study of judicial personnel, often hire experts and scholars in law to give lectures, handle cases skillfully, broaden our horizons, update our judicial concepts, treat bitterness and happiness correctly, have lofty aspirations, care for the people, and pay attention to the education and edification of professionalism, conscience, quality, morality and behavior to meet the needs of judicial development under the new situation.
(3) Establish modern and advanced judicial ideas.
The function and ultimate goal of China's criminal law and criminal procedure system are to punish and crack down on crimes, maintain public order and security, protect the innocent and safeguard human rights. Article 12 of the Criminal Procedure Law stipulates: "No one shall be found guilty without a judgment of the people's court according to law". Paragraph 3 of Article 195 stipulates: "If the defendant cannot be found guilty due to insufficient evidence, the accused crime cannot be established due to insufficient evidence, and a verdict of innocence shall be made." This fully embodies the basic principles and concepts of "presumption of innocence" and "no doubt" in the criminal procedure law. In contemporary society, we must vigorously promote the reform and renewal of the concept of criminal justice, and abandon the deep-rooted old concepts and backward concepts of a few judges. Judicial personnel should regard "not letting go of a bad person and not wronging a good person" as the highest goal and judicial pursuit in handling cases, and the judicial organs should deeply instill these ideas, internalize them in their hearts and externalize them in their actions, subtly influence and root them in their brains, and form a conscious consciousness.
1. In the process of handling a case, the investigation organ should pay more attention to how to obtain reliable and sufficient evidence through other legal and effective investigation means under the condition of "zero confession". Only in this way can we prevent misjudged cases or cases more effectively.
2. The people's procuratorate should strictly review the case: if the public security organ transfers the case for review and prosecution and finds that the suspect has not committed any illegal or criminal acts, it shall give a written explanation and return the case file to the public security organ for handling; If it is found that the criminal facts are not committed by the criminal suspect, the reasons shall be explained in writing, and the case file shall be returned to the public security organ, suggesting that the public security organ re-investigate. If an arrest has been made, the decision on arrest shall be revoked and the public security organ shall be notified to release it immediately. For the case transferred for review and prosecution by the investigation department of our hospital, if one of the appeal cases is found, it should be returned to the investigation department of our hospital and the case should be dismissed.
3. In the process of hearing the public prosecution case filed by the procuratorate, the court shall "take facts as the basis and take the law as the criterion", strictly abide by the provisions of criminal law, criminal procedure law and other relevant laws and regulations, and shall not blindly make illegal judgments. According to Article 157 of the Supreme People's Court's Interpretation on Several Issues Concerning the Implementation of the Criminal Procedure Law of People's Republic of China (PRC), during the trial, if the public prosecutor thinks that the case needs supplementary investigation and proposes to postpone the trial, the collegial panel shall agree. That is to say, the prosecutor, as the party who supports public prosecution in a public prosecution case, can put forward suggestions for supplementary investigation to the court if he finds new evidence of the defendant's crime or the original evidence is not true and sufficient during the trial, so as to accurately and timely find out the facts of the crime and punish the criminals. If the court accepts it, it can decide to postpone the trial. In addition, in court proceedings, if the parties, defenders or agents ad litem apply to the court for new witnesses to testify in court, obtain new material evidence, re-evaluate or conduct an inquest, the court shall carefully examine the above applications. If they think these applications are reasonable, and may affect the determination of the truth, and even affect the judgment of the defendant's guilt or innocence, they should agree to these applications. If it cannot be resolved in court, it can be decided to postpone the trial and wait for new investigation and evidence collection, appraisal and inspection.
(four) the establishment of accountability "zero tolerance" and "one vote veto" system.
The unjust, false and misjudged cases in the judicial organs, no matter what the reason, should not be protected. All relevant leaders, supervisors and case handlers should be held accountable and dealt with seriously. Those who violate the law, especially those who extort confessions by torture, shall be investigated for legal responsibility, which constitutes a crime. The government and judicial organs should dare to correct mistakes, dare to investigate responsibilities and strictly investigate them. We must have the courage of a strong man to break his arm, the overwhelming momentum, and make up our minds to clean the pure judicial team with strong drugs.
(5) Improve the interrogation system for major criminal cases.
In the process of investigation, public security procuratorial organs must interrogate criminal suspects in designated and up-to-standard interrogation rooms in major criminal cases, especially those that cause death. Synchronize audio and video recording in the whole process, improve interrogation registration and supervisor's duty supervision system, and keep interrogation video data for a long time. At present, there are some problems in the implementation of the requirement of "full-time synchronous audio and video recording", such as arbitrariness, irregular operation and lack of supervision, which should be paid great attention to and corrected in time.
(six) the implementation of the provisions of the public hearing of criminal cases.
Article 183 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "The people's courts shall hear cases of first instance in public. However, cases involving state secrets or personal privacy shall not be heard in public; Cases involving commercial secrets may be heard in private upon the application of the parties. For cases that are not heard in public, the reasons for not hearing in public shall be announced in court. " That is to say, as long as criminal cases do not fall within the scope of closed-door trials, they should be tried in public, so as to increase the transparency of public trials and accept the necessary supervision of society, the public and the media, which will help to enhance the sense of responsibility of judges in trying cases, be more cautious, rational and conscientious, control the situation properly, and reduce or avoid unjust, false and wrongful cases.
(seven) to strengthen the judicial construction, optimize the handling environment.
First, improve the working conditions of judicial personnel and improve the treatment of political life. Justice is a noble cause that is extremely prudent, rigorous, scientific and needs to bear a high degree of responsibility. Judicial personnel are the patron saint of maintaining judicial fairness and justice. They have a glorious mission and a great responsibility. They need to pay hardships and sacrifices. When handling specific cases, they have to bear pressures and risks that ordinary people can't understand. They need more understanding, encouragement and support from the society, increase positive energy and reduce negative energy, so that judicial personnel can love their careers more, perform their duties with peace of mind, concentrate on handling cases, resist pressure no matter what difficulties and setbacks they encounter, and pursue justice persistently without regrets. Second, leaders and government management departments should enhance their awareness of governing the country according to law, establishing a government ruled by law, administering according to law, and maintaining judicial fairness and justice, create a good environment for handling cases, support judicial non-intervention, and help solve deep-seated problems and difficulties in the judiciary. The third is to enhance the awareness of judicial personnel to serve the people and attach importance to judicial assistance and the resolution of social contradictions. The fourth is to safeguard the legitimate rights and interests of lawyers, improve their social status and play their due role in safeguarding judicial fairness and justice.