The Supreme Procuratorate of China investigation in Shanxi Province

The investigating group from the Supreme Procuratorate of China seeked plans and strategies by visiting in Shanxi supervisory organs for implementing central decisions and arrangements to basic level.

On July 22th, Jun Zhang, the C hief Procurator and the Party Secretary of the Supreme Procuratorate , an d Yangsheng Lou, the Secretary of Shanxi provincial party committee and the director of the Standing Committee of the Provincial People's Congress, investigated in the Shanxi Procuratorate.

How were arrangements deployed by Party Central Committee to procuratorate organs putinto effect over the already past half of the 2020? Deployment takes ten percent of effort but implement takes ninety percent. We should conform to important instructions of general secretary Jinpin Xi and his speech spirits formed recently in Entrepreneurs Symposium, cooperated with investigation work in field visit in grassroots level so that we will come over the side effect of this epidemic better and serve better for six items of “stability-sustained work”(stabilize our employment, finance, foreign trade, foreign and domestic investment and growth forecasts) and “six items of guarantee work”(guarantee residential employment, basic living standard, main market players, food and energy safety,stable industrial and supply chain, and stable operation in grassroots level.) From 22nd to 23th in July, upon Beijing epidemic level adjusted into 3 level, Zhang, the party secretary of the Supreme People's Procuratorate and chief procurator, lead a group of investigating personnel to Shanxi Procuratorial organs for seeking answers.

Before NPC and CPPCC sessions of this year , General Secretary Xi visited Shanxi to encourage govermant organs and enterprises to take the lead in finding a new path in its transformation a nd development. "Procuratorial organ should also wade out a new way in service transformation development", said Zhang, on the morning of 22nd, communicated with the staff of the administrative service center, enterprise representatives and local party and government leaders on the transformation and development of service of the procuratorial organ when he investigated in the service center of Shanxi Transformation Comprehensive Reform Demonstration Area. "The legal environment is like sunshine, which is related to the focus and release of enterprises' innovation vitality. General Secretary Xi stressed the need to promote marketization and legalization to create an international business environment at a forum for entrepreneurs held yesterday. The procuratorial organs can and must do a lot in this regard".

“ Thank you for your ‘stern praise’! But what we have done is not enough. We hope you can give us more suggestions", said Xia Yang, the President of Shanxi Jinbo Bio-Pharmaceutical Incorporated Company. President Yang told Zhang about how local prosecutors had helped companies protect their intellectual property rights. Zhang responded and told local prosecutors to learn more about the legal needs of companies, strengthen IPR protection, and do their work in a more detailed and practical way.

Zhang Jun, party secretary and procurator General of the Supreme People's Procuratorate, leads the investigating group to read documents and files at the Management Center of Xiaodian District Procuratorate in Taiyuan, Shanxi Province.

For procuratorial organs, whether it's service transformation and development, or its own transformation and development in capacity improvement, would must be put to the procuratorial work in the end. In Taiuan Xiaodian District Procuratorate, Zhang did not listen to the report step by step, but went straight to the case management center to read the documents and files.

For improving the low quality of legal documents, Shanxi Provincial Procuratorate has launched the "Year of Improving the Quality of Legal Documents". The Xiaodian District Procuratorate has responded positively and carried out the activity of evaluating excellent legal documents. Zhang gives full affirmation to the activity. But are these outstanding legal documents really "outstanding"? Zhang leafed through several "excellent legal documents" and found some problems that shouldn't appear. "It seems that your standards of excellence still need to be improved!" Zhang Jun pointed out earnestly.

"The reason for arrest is 'may be sentenced to more than imprisonment' and that's it! Without mention or consideration of other legal conditions such as possibility of committing a new crime, destruction, falsification of evidence, attempted suicide or escape, it is not complete. How can the principle of less arrest and more prosecution be implemented if it is still the usual practice?" After examining a criminal case file carefully, Zhang pointed out the problems in handling the case seriously.

"So far this year, there have been eight cases, which is worth thumb up! If every procurator-general can take the lead in handling cases in this way, it will greatly enhance the procuratorial capacity." said Zhang.   In the exchange, Zhang Jun found that Zhongjie Sun, the procurator-general of Xiaodian District Procuratorate, was very familiar with his cases and gave full affirmation to his cases.

After watching people's procuratorate investigation history check, party construction, informatization construction, procuratorial work videos, Yangsheng Lou, Shanxi provincial party committee secretary,director of the standing committee of the provincial People' s Congress, who also participated this field investigation, gives Shanxi procuratorial work full affirmation, pointed out that the procuratorial organs had made breakthrough in the implementation of the general secretary Xi's important instructions and requirements, focusing on the main achievements in their main business service situation and sincerely hopes procuratorate work make progress in the future.

"Our work falls far short of the higher demands and expectations of the people in the new era. We must not rest on achivements. Instead, we should do all our work better with taking the responsility as primary duty, and strive to achieve the goal that General Secretary Xi Jinping has repeatedly stressed, that the people can feel fairness and justice in every judicial case." Zhang also put forward specific requirements for further procuratorial work.

Upon finishing "three stations" of investigation in the morning, the investigating group went to Jinzhong City procuratorate in the afternoon of the 22 ^nd .

In the afternoon of July 22nd, the investigating group ofSupreme People's Procuratorate came to the public hearing of a traffic accidentin Jinzhong City Procuratorate.

"Since the accident, I regret it more than ever. But no amount of regret can return Aunt Wang's life." At Jinzhong Procuratorate, a public hearing on the traffic accident is under way. Jia hit pedestrians aunt Wang when driving because of the glare of the sun, resulting in aunt Wang died. After the incident, Jia took active relief, reported to the police, and compensated for the victim's family and therefore was forgiven by victim's family. Although it was a negligent crime, it still   took a fresh life. It is "convention" that such cases may be prosecuted. However,from the perspective of carrying out the criminal justice policy of combining leniency with severity and the system of pleading guilty and punishment, the chief procurator believes that non-prosecution is more effective in affecting criminal suspects, resolving social conflicts and promoting social harmony. Should I sue or not? The Jinzhong Procuratorate presided over the publichearing, which was attended by the criminal suspect, the person in charge of the suspect's work unit, the victim's family members, the police officer handling the case and the prosecutor, as well as a team of seven hearing officers composed of legal experts, forensic experts and lawyers. Finally, after the hearing, considering the factors such as the minor crime of the criminal suspect Jia, the active compensation and the initiative to seek the victim's understanding, with no traffic and daily work violations in suspect’s daily life, and pleading guilty and accepting punishment, the 7 hearing members proposed a relatively non-prosecution proposal for this case after the joint discussion with the majority opini of 6:1.

After the public hearing, Zhang condoled the victim's family and encouraged her to step out of the shadows and take good care of her family. The investing group carefully listen the hearing more than one hour. After the hearing, Zhang spoke with the hearing staff, thanking them for their support for the prosecution work and the rule of law, expressing sympathy for the victim's family and encouraging them to step out of the shadows and take good care of her family.

Are there some shortcomings of the "six stability-sustained items" and "six guarantees" in services that need to be addressed? After listening to the public hearing, Zhang Jun presided over a symposium, asking the NPC deputies, Shanxi provincial people's Congressdeputies and CPPCC members for advice.

"Thisis the first time for me to attend a public hearing at the grassroots level,and probably the first time for many representatives and members to experience the public hearing of a procuratorial organ. The reason for holding such public hearings is that in the new era, the people have higher demands in democracy,the rule of law, fairness, justice, security and the environment. We must keep up with them! If we continue to handle cases in the usual way, without considering the changes in the situation and the development of the times, the procuratorial work will be out of date!" When presiding over the symposium, Zhang Jun talked about the public hearing he had just heard and introduced the procuratorial work since the beginning of this year to the representatives and members attending the symposium. He invited all of them to find fault face to face.

"Today's public hearing reflects the confidence and responsibility of the procuratorial organs in judicial openness, and their painstaking efforts to resolve conflicts. It is a vivid lesson in the rule of law by making clear the legal principles, principles and common sense in this special form." Wei Xiaochun, a memberof the Standing Committee of the National People's Congress, vice Chairman of the Central Committee for Promoting Democracy and vice director of the Standing Committee of the Shanxi Provincial People's Congress, also started from the open hearing, and put forward three suggestions successively: actively expanding the scope of public interest litigation, increasing the protection of duty lawyers working for those who plead guilty and get lenient punishment, and strengthening the guidance for procuratorial work at grassroots. Subsequently,the National People's Congress member Guo Fenglian, Li Guiqin, Ma Ruiyan,Shanxi Provincial People's Congress member Tian Xiaoyu, Li Xuemei, Liu Yuehong, Shanxi Provincial CPPCC member Wang Dong, Wang Lingping, give suggestions on protecting the legal rights and interests of private enterprises, strengthen the propaganda of lenience system for pleading guilty and accepting punishment, increasing crackdown on criminal violence for injuring medical stuff. Regarding these suggestions, Zhang Jun said that he would study them carefully and put them into concrete procuratorial work.

Onthe morning of July 23, the investing group came to the Law enforcement and Case Handling Center of Wanberin District Public Security Bureau of Taiyuancity to investigate the work of the procuratorial office and the performance evaluation of procurators.

The overall situation of the procuratorial organ's service should be finally settled in handling cases. The practice that Shanxi procuratorial organs dispatch procuratorial office to law enforcement handling case management center of the public security organs was written into the most high procuratorate work report in this year's two sessions. The key to continued progress is how to deepen the work already deployed by the politicalbureau of the CPC Central Committee. On the morning of July 23, the researchgroup came to the Law Enforcement and Case Handling Center of Wanberin DistrictPublic Security Bureau of Taiyuan city to investigate the work of the procuratorial office and the performance evaluation of procurators.

Stationing the procuratorate office can help correct the defective cases timely and improve the handling level. If there is a problem procuratorial police did not find, they will be investigated for responsibility! Ultimately, it is the parties involved and the people who will benefit from this work." When the police in the prosecutor's office demonstrated on the spot that the intelligent case handling system could supervise the interrogation of public security organs and other case handling situations online, and timely correct cases if they were find to be illegal ,Zhang jun said specifically.

All the work of Shanxi Provincial Procuratorate has been qualified. However, in view of higher standards of the provincial Party Committee and the higher demands of the people, this paper is generally qualified. We have good enough conditions and ability to do better and achieve better results." After hearing work report of shanxi Provincial Procuratorate, Zhang Jun fully affirmed Shanxi ’s achievements and raised ardent hopes for the procurators in Sanjin(Shanxi)

We must make our study solid. The closer we get to the historical juncture of the great rejuvenation of the Chinese nation, both at home and abroad, we will face more stringent problems and challenges. Without further study, how can we cope with the profound changes in the world that have not occurred since last century? The ability and quality of our judicial and procuratorial personnel have significantly improved. However, in the face of higher demands from the people, the gap between us has not narrowed, but widened. Know what to study- learn politics as well as business. Do not study politics, do not know the direction; Without strong operational capacity, politics cannot be implemented and integrated into the procuratorial work.

We need to make sure that our research is solid. The purpose of research is to identify problems and find the key to solving them. It is also to check the instructions and requirements of the general secretary,see if there are any gaps in implementation, and make up for those weaknesses. General Secretary Xi Jinping has always attached great importance to maintaining and promoting the development of enterprises. After the forum on private enterprises held in November 2018, and the day before yesterday, we presided over a forum for entrepreneurs, which raised higher requirements for our judicial organs to create a law-based business environment and serve the"six stabilizations" and "six guarantees". The Commissionfor Political and Legal Affairs of the CPC Central Committee and the Supreme People's Procuratorate both issued the guidelines on ensuring the "six stabilizations" and "six guarantees" of services. When we serve enterprises, we need to deepen research and find deep-seated problems in the research, so as to further implement the spirit of the CPC Central Committee.

The promotion must be firmly grasped. We will conscientiously implement the requirements of the Party Central Committee through political, legal, and procuratorial inspections. We should take the implementation of procurator performance appraisal as an opportunity to promote the quality and ability of the team. Procuratorial organs at all levels should accurately grasp the connotation and requirements of procurators' performance evaluation, and implement them well in combination with local realities, so as to distinguish between "do things" and "not do things", "do more and do less", "do well and do poorly", "whether take the initiative to serve the overall situation or not", and "whether pay attention to handling cases or not", so as to greatly improve their comprehensive quality and ability to handle cases.

During the investigation, Zhang Jun held work talks with Lou Yangsheng and Lin Wu, deputy Secretary of the CPC Shanxi Provincial Committee and Governor. Wang Yongjun, member of the Standing Committee of the CPC and Secretary of the Discipline Inspection Committee of the CPC, Luo Qingyu, member of the Standing Committee of the CPC and Secretary of the CPC Taiyuan Committee, Lian Yimin, member of the Standing Committee of the CPC and secretary-general of the CPC Taiyuan Committee, Shang Liguang, member of the Standing Committee of the CPC and Secretary of the Political and Legal Affairs Committee of the CPC Taiyuan Committee participated in relevant research activities. Yang Jinghai, chief procurator of Shanxi Procuratorate,investigated together. The research group also visited and consoled the grass-roots frontline policemen.