Satisfy the people’s yearning for a better life and fairness and justice
On January 12, the first session of the 14th Provincial People’s Congress held the second plenary session and heard the work report of the Provincial People’s Procuratorate made by Ge Xiaoyan, the acting chief prosecutor of the Provincial Procuratorate.
After the meeting, a number of delegates who listened to the report at the scene told reporters that this year’s report was "very special". While the report provides a comprehensive review of the work of the procuratorial organs in the past five years, it also focuses on explaining the update of the judicial concept of the procuratorial organs. The mention of "zero tolerance for things that the people hate deeply" and "not slack off on things that the people are eager to hope for" appeared in the work report, which is impressive.
These ideas are reflected in the more than 1.07 million cases handled by the Sichuan procuratorial organs in the past five years. How can the people’s sense of judicial access be realized? How can the Sichuan procuratorial organs adhere to "people-centered" in all aspects of work, so that the people can feel fairness and justice in every judicial case? In response to the above questions, the reporter invited a number of representative members to interpret.
Interpretation guest
Deputy to the Provincial People’s Congress, Deputy Dean of the Law School of West China Normal University, Mark Min
Deputy to the Provincial People’s Congress, Director of Sichuan Boshen Law Firm, Li Qian
Ma Jun, member of the Provincial Committee of the Chinese People’s Political Consultative Conference
Luo Jun, member of the Provincial Committee of the Chinese People’s Political Consultative Conference and director of Sichuan Zhigao Law Firm
Key words: updating judicial concepts
Report click:Updating judicial concepts, prosecutorial handling of cases fully reflects the unity of natural law, national law, human feelings, and conscience.
Focusing on the new changes in the main contradictions in our country’s society in the new era, standing firm on the people’s position, and using the supreme leader’s rule of law thought to guide the continuous update of procuratorial supervision concepts.
Mark Min: The renewal of the judicial concept of the procuratorial organ, from a deep perspective, is the procuratorial organ’s resolute implementation of the supreme leader’s thought of the rule of law, the people-centered judicial concept deeply embedded in the procuratorial work, and the reality of insisting on the unity of political effect, social effect, and legal effect. By writing the word "people" into the new picture of procuratorial work, the legal supervision organ and the judicial organ have firmly responded to the important proposition in the judicial field of "who is the main body, how to be just", which will surely lead to the further improvement of the quality and efficiency of procuratorial work.
Luo Jun: In the face of the new situation and new tasks, the procuratorial organs of Sichuan Province continue to update their judicial philosophy, which on the one hand reflects the leading role of the supreme leader’s rule of law thought in procuratorial supervision, that is, constantly satisfying the people’s yearning for a better life and fairness and justice, and respecting the people’s simple concept of fairness and justice; on the other hand, it reflects the protection of private enterprises, that is, paying more attention to ensuring the development of private enterprises, encouraging and supporting private entrepreneurs to operate with peace of mind and let go of development.
Key words: public interest litigation
Report click:The revised Civil Procedure Law, Administrative Procedure Law and 9 separate laws give the procuratorial organs new functions to initiate public interest litigation in 13 fields. We have specially established a public interest litigation procuratorial agency to file and handle 36,903 public interest litigation procuratorial cases. In 2022, the number of cases handled increased by 2.3 times compared with 2018, and the number and quality of cases handled ranked among the top in the country.
Ma Jun: In this year’s provincial procuratorate work report, the term "public interest litigation" appeared many times, which particularly caught my attention. "Improving the public interest litigation system" was written into the report of the 20th National Congress of the Communist Party of China, giving the procuratorial organs heavier responsibilities and missions. As a disabled worker, I sincerely hope that the procuratorial organs at all levels across the country will resolutely implement the decisions and arrangements of the Party Central Committee with a high degree of political consciousness, rule of law consciousness, and procuratorial consciousness, unswervingly promote and improve the procuratorial public interest litigation system, and earnestly fulfill the sacred duty of the procuratorial organs as "representatives of the public interest".
Li Chang: The establishment of a public interest litigation system by procuratorial organs has created a new type of judicial supervision model, which is of milestone significance in the construction of judicial governance. It helps to promote administrative organs to administer according to law, strictly enforce the law, and urge administrative organs to perform their duties, which is in line with the inherent requirements of the construction of a country under the rule of law. The practice of public interest litigation procuratorial practice has played a positive role in building a modern socialist country on the track of the rule of law, and is an important embodiment of the Chinese path to modernization in the field of the rule of law. "People-centered" is the due meaning of safeguarding national interests and social public interests. Public interest is in the final analysis the interests of the people. Public interest litigation, as a judicial system focusing on safeguarding public interests, is a major popular project of the party and the
Luo Jun: Public interest litigation, as a way for procuratorial organs to perform their legal supervision functions, is a specific manifestation of legal supervision powers in the fields of civil and administrative law. It is hoped that procuratorial organs can take the initiative to interact with the local people in the process of handling civil public interest proceedings, better enhance public awareness of environmental protection, maximize the protection of social public interests, and achieve the unity of political, social and legal effects in handling cases.
Key words: protecting the legitimate rights and interests of specific groups
Report click:Strengthen the protection of the rights and interests of women, the elderly and the disabled. The Provincial Women’s Federation established ten measures to strengthen the protection of the rights and interests of women and children, and carried out judicial assistance activities for special projects for women in difficulty. Launched a special project to rectify pension fraud, and prosecuted 418 people for the crime of pitting the elderly and harming the elderly under the guise of "investment in pension" and "health care and treatment". Launched a public interest lawsuit for the construction of a barrier-free environment, and only with love can there be no obstacles, so that the elderly and the disabled can go out with confidence.
Li Qian: The names of women, children, the elderly, and the disabled have undergone changes from "disadvantaged group" to "special group" and then to "specific group". The change of names reflects the progress of the concept of rights protection. The concept of specific groups reveals the change of concept, from "welfare path" to "rights path". The procuratorial organs help to protect the realization of the rights of specific groups by supervising and promoting the performance of government departments and social groups. For example, the procuratorial organs have expanded from strengthening supervision and promoting the implementation of the "Regulations on Accessible Environment Construction" to promoting the implementation of the provisions on barrier-free environment construction in other laws, expanding the protection objects and beneficiary groups of public interest litigation.
Ma Jun: By handling various cases, the provincial procuratorial organs have effectively protected the broad masses of the people, especially the disabled and the elderly. On June 20, 2022, the provincial court, the provincial procuratorate, the Public Security Department, the Department of Justice, and the provincial disabled persons’ federation jointly signed a document to strengthen the judicial protection of the disabled, clearly proposing to promote the effective implementation of the specific content of laws and regulations to protect the rights and interests of the disabled, and effectively safeguard the equal rights of the disabled in politics, economy, culture, society, family life, etc. It is hoped that the procuratorial organs can further safeguard the public interests and rights of the disabled in the province in accordance with the law, and create a more equal, just and warm legal environment for them.
Key words: whole process people’s democracy
Report click:Over the past five years, we have always kept in mind that the procuratorate is the people’s procuratorate, consciously practiced the whole process of people’s democracy, was responsible to the people, and was supervised by the people.
Mark Min: The whole process of people’s ********* is the essential attribute of socialist democratic politics, an important part of the ******* path to modernization, and a full-chain, all-round, and full-coverage people’s *********. The procuratorial organs implement the whole process of people’s *********, and in the judicial value orientation, they must adhere to the interests of the party and the people first, and in system construction, they must take the people’s evaluation of the handling process and handling effect of cases as an important or even core indicator for the assessment of procuratorial work; in specific practice, they must continue to promote the openness of procuratorial affairs, broaden the channels for people’s participation, innovate the way of people’s participation, and create a new paradigm of all-round and diverse democratic procuratorial work that combines the active openness of the procuratorial organs with the active participation of the people, and the general knowledge of the people and the supervision ofReporter, Jiang Jingzhou)