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Liu Huisheng: Learning from the Fourth Plenary Session of the 19th Central Committee

Release time: December 06, 2019

After the Fourth Plenary Session of the 19th CPC Central Committee was held, I carefully studied the Plenary of the Plenary Session, carefully studied the explanation of General Secretary Xi Jinping's Decision on the Fourth Plenary Session of the 19th Central Committee, and read the interpretation of the plenary through newspapers and the Internet. , Discussion, contacted the Yan'an procuratorial work, conducted in-depth thinking, some superficial gains and experience.

I. Adhering to the party's absolute leadership over the procuratorial work is the core of the development of the procuratorial cause

"The leadership of the Communist Party of China is the most essential characteristic of socialism with Chinese characteristics. It is the greatest advantage of the socialist system with Chinese characteristics. The party is the highest political leadership force." The "big miracle" and the thirteen major advantages of China's national system and national governance system summarized by the plenary are very exciting. The procuratorial organ is a political organ under the leadership of the party. The procuratorial system is also an important part of the socialist judicial system with Chinese characteristics. The leadership of the Communist Party of China is the most essential feature of the socialist judicial system and procuratorial system with Chinese characteristics. No one can do without the party's absolute leadership. As one of the birthplaces of the procuratorial system in New China, Yan'an spirit is inseparable from the development of the procuratorial system. Adhering to party leadership and firming the correct political direction are the core requirements rooted in the procuratorial gene. The main line for the development of the procuratorial cause is adherence to the party's leadership.

11月,中华苏维埃共和国临时中央政府在江西瑞金成立,工农检察人民委员部随之诞生; 19342月,工农检察委员会成立,初步形成了富有中央苏区特色的中国共产党人自己的检察制度。 The roots of the New China's prosecution are in Ruijin, Jiangxi. In November 1931 , the Provisional Central Government of the Chinese Soviet Republic was established in Ruijin, Jiangxi, and the People's and Workers' Procuratorate People's Committee was born. In February 1934 , the Workers' and Peasants' Procuratorate was established, which initially formed a rich central Soviet area. Chinese Communist Party's own procuratorial system.10月中央红军主力长征到达陕北后,建立了中华苏维埃共和国临时中央政府驻西北办事处。 After the Central Red Army's main Long March arrived in northern Shaanxi in October 1935 , the Northwest Office of the Provisional Central Government of the Chinese Soviet Republic was established.1222日,中华苏维埃共和国临时中央政府执行委员会还公布了《工农检察局的组织条例》。 On December 22 , 1935 , the Executive Committee of the Provisional Central Government of the Chinese Soviet Republic also promulgated the "Organization Regulations of the Procuratorate of Workers and Peasants".96日中国共产党将陕甘宁苏区改名陕甘宁边区,陕甘宁边区高等法院也正式成立,在高等法院内部设检察员,边区的人民检察制度也得以传承发展,著名的黄克功案就是在这一特殊时期被公诉审判处决,时任抗大政治部副主任胡耀邦受中央指派担任该案公诉人,这也是中央苏区时期“群众团体公诉人”制度在抗日战争时期的延续。 On September 6 , 1937 , the Communist Party of China renamed the Shaanxi-Gansu-Ningsu District the Shaanxi-Gansu-Ningxia Border Region, and the Shaanxi-Gansu-Ningxia Border District High Court was formally established. Prosecutors were established within the High Court, and the people's prosecution system in the border region was also inherited and developed. The famous Huang Kegong The case was executed by public prosecution trials during this special period. Hu Yaobang , then the deputy director of the Political Department of the Anti-Japanese University , was appointed by the central government as the public prosecutor of the case. This was also the continuation of the "mass group public prosecutor" system in the Central Soviet Area during the Anti-Japanese War. 该案审理时毛泽东主席还写了一封亲笔信并在公审大会上公开宣读。 During this period, the case of Hu Yaobang's public prosecution against Huang Kegong was the most representative . When the case was heard, Chairman Mao Zedong also wrote a personal letter and read it out publicly at the public trial conference.

1月,陕甘宁边区第一届参议会决定在陕甘宁边区高等法院设置检察处,内设检察长及检察官,受高等法院领导和管辖,但独立行使检察权。 In January 1939 , the first Senate of the Shaanxi-Gansu-Ningxia Border Region decided to set up a procuratorial office in the Shaanxi-Gansu-Ningxia Border Region High Court, which has a chief prosecutor and a prosecutor under the leadership and jurisdiction of the High Court, but independently exercises its procuratorial power.1010日,陕甘宁边区政府发布命令,边区高等法院正式更名为“陕甘宁边区高等检察处”,各分区设高等检察分处,各县市设检察处。 After several joint arrangements, divisions, abolitions, and recovery, by October 10 , 1946 , the Shaanxi-Gansu-Ningxia Border District Government issued an order, and the Border District High Court officially changed its name to "Shaanxi-Gansu-Ningxia Border District Procuratorate." Each county has a procuratorate. The truth-seeking spirit of the rule of law formed by the procuratorial work in the Shaanxi-Gansu-Ningxia Border Region, the rule of law relying on the masses, the principle of equality and fairness of the rule of law, and the style of truth-seeking and innovation are still important principles we adhere to in our work today.

2. Persist in putting people at the center is the source of motivation for the innovative development of procuratorial work

讲政治的本质就是落实检察工作以人民为中心。 The plenary session pointed out: "Insist on the people-centered development ideology, continuously safeguard and improve people's livelihood, improve the people's well-being, and take the significant advantage of common prosperity." "Insist and improve the socialist legal system with Chinese characteristics, and deepen the comprehensive supporting reform of the judicial system. Improve the trial system, the procuratorial system, comprehensively implement the judicial responsibility system, improve the lawyer system, and expand the scope of public interest litigation cases. "Adhering to the people-centered principle is also the fundamental observance of procuratorial work. The essence of politics is to implement the people-centered procuratorial work.

General Secretary Xi Jinping pointed out: "Prosecutors, as representatives of the public interest, shoulder important responsibilities." The Fourth Plenary Session of the 19th CPC Central Committee clearly proposed to expand the scope of public interest litigation cases. Procuratorial organs should give full play to the role of public interest litigation to safeguard the national and social public interests. To actively meet the increasing needs of the people for the protection of public welfare, to implement the concept of win-win and win-win situation, with the fundamental purpose of safeguarding public interests and promoting problem solving, and through the handling of typical influential cases, we can handle one case and warn The effect of one piece and education can effectively solve the problems of social governance. · 27 ”北洛河污染公益诉讼磋商案件,通过积极参与事故调查,向市政府发送诉前检察建议,推动延安在全省率先建立了生态环境损坏赔偿办法,多方积极磋商使得污染损害得到妥善处理,案例入围生态环境部“生态环境损害赔偿磋商十大典型案例”评选,该案的办理实现了政治效果、社会效果和法律效果的有机统一,使我们获益良多。 This year, the Yan'an Procuratorate successfully handled the “ May 27th ” Beiluohe pollution public interest litigation consultation case, actively participated in the accident investigation, and sent pre-litigation inspection suggestions to the municipal government to promote Yan'an to take the lead in establishing an ecological environment damage compensation method in the province. Many parties have actively negotiated for the pollution damage to be properly dealt with. The case was shortlisted by the Ministry of Ecology and Environment for "Top Ten Typical Cases for the Compensation for Ecological and Environmental Damage Compensation." The handling of this case has achieved the organic unification of political, social, and legal effects, which has benefited us. A lot.

3. Strengthening the consciousness of procuratorial performance is an important guarantee for advancing the procuratorial work in Yan'an in the new period

要树立政治自觉、法治自觉、检察自觉,进一步增强“四个意识”、坚定“四个自信”、做到“两个维护”,自觉在具体检察工作中落实好国家治理体系和治理能力现代化要求。 Prosecutor Zhang Jun emphasized that studying and implementing the spirit of the Fourth Plenary Session of the 19th Central Committee of the Party "will" be "conscious" and "implemented" , and it is necessary to establish political consciousness, consciousness of the rule of law, and procuratorial consciousness, and further strengthen the "four consciousnesses" and firm "four I am self-confident "," two safeguards ", and consciously implement the modernization requirements of the national governance system and governance capacity in specific procuratorial work. At present, the procuratorial organs at the two levels of Yan'an City and County are carrying out the theme education of “Do n’t forget their original intentions and keep their missions in mind”. It is necessary to closely integrate the study and implementation of the Fourth Plenary Session of the 19th Central Committee of the CPC with the theme education, and continuously strengthen the “Four Consciousness” and firmness. "Four Confidences", practice "two maintenances" based on actual inspection results and continuously promote the innovative development of Yan'an inspection work.

准确把握法律底线,持续加大办案力度,突出打财断血、打伞破网,积极参与社会综合治理,打防并举、标本兼治,防范黑恶势力滋生;要服务保障打好三大攻坚战,加大对经济金融犯罪惩治力度,积极参与扶贫领域腐败问题专项治理,以“携手清四乱、保护母亲河”专项行动为契机,打好蓝天、碧水、净土三大保卫战,持续加大对各类破坏环境资源保护犯罪打击力度,促进生态环境综合保护;要认真落实中省市优化营商环境、保护民营企业要求,努力营造公平、透明、法治的发展环境;要落实好认罪认罚从宽制度,切实履行检察官在刑事诉讼中的主导责任,促进国家治理体系和治理能力现代化建设;要抓好“一号检察建议”的跟踪落实,不断探索完善法治副校长“全覆盖”机制,推动校园形成法治文化,打造未检延安品牌; It is necessary to further advance the special fight against gangsters and eliminate evils , accurately grasp the legal bottom line , continue to increase the intensity of handling cases , highlight financial and bloodshed, break umbrellas and break the net, actively participate in the comprehensive management of society, prevent simultaneous actions, treat both symptoms and root causes, and prevent gangsters from breeding ; We must fight for the three major challenges of service and security, increase the punishment of economic and financial crimes , actively participate in the special governance of poverty in the field of poverty alleviation, and take the special action of "Hand in Hand to Eliminate the Chaos and Protect the Mother River" as an opportunity to make good use of the blue sky, clear water, The three major defense battles of Pure Land continue to increase the crackdown on various types of crimes that destroy environmental protection and promote comprehensive protection of the ecological environment. We must seriously implement the requirements of the provinces and cities to optimize the business environment and protect private enterprises , and strive to create a fair, transparent, and rule of law. Development environment; We must implement a lenient confession and punishment leniency system, fulfill the leading responsibilities of prosecutors in criminal litigation, and promote the modernization of the national governance system and governance capacity; The "full coverage" mechanism of the vice president of the rule of law promotes the campus to form a culture of rule of law and build an uninspected Yan'an brand; 日内程序性回复、 3个月实体性答复”要求,不仅考虑法律规定,更要考虑群众情绪诉求,认真耐心做好释法说理,想方设法为群众解决实际困难、疏导负面情绪,真正化解社会戾气,让人民群众满意;要坚持抓好“关键少数” ,严格落实检察长带头办案阅卷、上讲台、列席审委会制度,把“点对点调研”作为领导干部常态化的调研方式和长效化的工作制度,直截了当解决具体问题,做到讲政治、精业务、善管理、重落实;要以“四个铁一般”“五个过硬”要求为目标,加强教育培训,严管厚爱并重,不断提升检察人员政治素质、业务素质和职业道德;要抓好工作落实,把四中全会精神体现在具体工作成效上,圆满完成年度各项工作任务,以高度的政治自觉、法治自觉、检察自觉,落实好讲政治、顾大局、谋发展、重自强总要求,推动延 To implement the requirements of "procedural response within 7 days and substantive response within 3 months", we must consider not only the legal requirements, but also the emotional appeals of the masses, and be patient and patient in the interpretation of the interpretation. We must try our best to solve the practical difficulties and channel negative emotions for the masses. Truly dissolve social anger and satisfy the masses; we must adhere to the "key minority" , strictly implement the system of prosecutor-in-chief for reviewing case files, attending the podium, and attending the review committee, and use "point-to-point investigations" as a normal research method for leading cadres And long-term work system, to directly address specific problems, to focus on politics, business excellence, good management, and re-implementation; we must take the "four iron standards" and "five excellent" requirements as the goal, strengthen education and training, and strictly manage Pay equal attention to love, and constantly improve the political, professional and professional ethics of prosecutors; do a good job of implementation, reflect the spirit of the Fourth Plenary Session on specific work results, successfully complete all tasks of the year, with a high degree of political consciousness and the rule of law Prosecutors consciously implement the general requirements of stressing politics, considering the overall situation, seeking development, and stressing self-reliance, and promote delays. The overall work of security inspections has developed.

(Author: Yan'an City People's Procuratorate party secretary, the Attorney-General Liu Huisheng Editor: Wang Jin)



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