Source: Hong Kong 01
Author: Quanye
In accordance with the 2023rd China Conference agenda, on March 7, the director of the Supreme People's Court Zhou Qiang and Zhang Jun, the Attorney General of the Supreme People's Procuratorate, made a work report to the 14th National People's Congress.Because of the year of change, the report of the Supreme Law and Supreme Procuratorate is similar to Li Keqiang's last government work report, and it needs to summarize the work in the past five years.At the National People's Congress plenary conference held on March 11, Zhou Qiang and Zhang Jun will officially follow the successor.
When summarizing the work of the past five years, the overall structure of the Supreme Law and Supreme Procuratorate is basically the same. The first part is to focus on maintaining national security and social stability. The second part is how to build a new development pattern and promote high -quality developmentThe third to sixth parts focus on issues such as reforms, team building, and how to maintain judicial justice.It is worth mentioning that in the maintenance of the national security part, the highest prosecution first mentioned Xinjiang's anti -terrorism, followed by the Hong Kong National Security Law.
Following the convention, the Supreme Law and the Supreme Procuratorate have mentioned the existing problems.Zhou Qiang summarized five aspects: First, there is still a gap between the level of judicial capacity and the demand for fairness and justice of the people, and there is still a gap between the people's increasing fair and justice demand. It also needs greater energy to achieve modernization of the trial system and judgment capabilities.The second is that there are problems with unbalanced reforms in the comprehensive supporting reform of the judicial system, and there are still shortcomings in the supervision mechanism of trial power operation restrictions.Third, some case trials have not high quality efficiency and poor effects. There are problems with mechanical justice and handling cases.Fourth, the situation of party style and clean government and the struggle for anti -corruption are still severe and complicated. The soil that completely eradicates the breeding of judicial corruption is still important. A few police officers' judicial style is not correct or even corruption, which seriously affects judicial credibility.Fifth, some intermediate and grass -roots courts are under pressure to handle cases, and some professional talents in the trial field are shortage.
Zhang Jun also summarized five points: First, learning to practice Xi Jinping's thinking of the rule of law still needs to continue to be deeply practical, and some procuratorial ideas, policies, and measures are not true.The second is that the service guarantee is not enough for high -quality development, and the phenomenon of case handling and mechanical justice still exist.Third, the role of legal supervision functions is not sufficiently played. The problems of unwillingness, unwillingness, and poor supervision exist, and the primary procuratorial work is still weak.The fourth is that the comprehensive supporting reform of the judicial system is not enough.Fifth, the education, management and supervision of the procuratorial team must continue to strengthen, the shortage of professional talents, and the problems of judicial injustice and judicial corruption occur from time to time.
In order to help the overall goal of fighting for the economy, at the same time, the private enterprise is given to the heart pills.The Supreme Law report said, "Effectively implementing 'two unshakables', publishing the opinions of optimizing the environment of the rule of law to promote the development of the private economy", and using the "three resolutes" - "Resolutely prevent criminal means to intervene in economic disputes and resolutely stop preventing it from criminal means, resolutely stop the stopIllegal acts that infringe on corporate family members 'rights, and resolutely protect private enterprises and entrepreneurs' legitimate property rights and interests. "
The highest prosecution report is slightly less in this part. It only says that "the real protection of state -owned enterprises, private enterprises, private enterprises, foreign -funded foreign -funded and other types of enterprises in accordance with the law, creating a business environment of the rule of law, and the protection of corporate property rights and the legitimate rights and interests of entrepreneurs.Real. "
When paying attention to these two reports, it is often concentrated on the topics of the Supreme Law, the highest prosecutors, and which cases, such as the Supreme Law.Shen Deyong, the highest prosecution mentioned the Kunshan anti -killing case, the reputation and honor case of the heroes of the heroes, the courier woman's rumor derailment case, and the online dissemination of others' indecent photos.In addition, the Supreme Law's insistence on the death penalty- "The crime of challenging the law and morality, the crime that seriously endangers the masses and social security will never be able tolerated, and the death penalty is resolutely sentenced to the death penalty according to law."Reflection- "Everything is wrong with the wrong case, the procuratorial organs are difficult to blame", "correction cannot stop the state compensation, and the accountability must fall to the subject of responsibility." It is also the focus of people who reposted attention.
In the past five years, the epidemic has occupied a large proportion of three years, and the impact on all aspects of China cannot be underestimated, but the Supreme Law Report is basically not involved. One paragraph of the highest prosecution mentioned how to effectively serve the overall situation of the epidemic prevention and control in accordance with the law., And said, "highlighting the crime of punishing serious harm to prevent and control of the epidemic prevention and control, seriously endangering the health of the people's lives and property safety", "prosecuted with epidemic fraud and priced crimes from 5,176 people in 2020 to 197 people in 2022, suing and sale of pseudo -inferiority and inferiorityEpidemic prevention materials such as masks, do not meet standard medical equipment, and false drugs from fake drugs from 954 people to 192 people. "People; the circumstances are mild, and 167 people are not prosecuted, focusing on education and guidance, and social effects are better. "
In fact, after three years of the epidemic test, the real challenges are not in the report for the highest law and the highest prosecution, but how to rebuild people's confidence in the rule of law after the epidemic, and how to respond to society in time in a timely manner.Facing the pursuit and puzzlement of specific cases.
After China's adjustment and adherence to the three years of severe "dynamic clearance" policies, a prominent change in society is: on the one hand, people are extremely disappointed with the rule of law, because in the past three years, especially in the Shanghai epidemic, there are indeed many occurrences of many occurrences.Humans have fallen below people's common sense and legal bottom lines, such as incoming household killing, freely controlled low -risk communities.When the Hong Kong 01 reporters talked about this topic with the Mainland law and lawyers, they also obviously felt their pessimism and disappointment, and even a jurist bluntly said that "heaven cannot be without".
On the other hand, people's awareness of legal system is unprecedented. This is why many proposals related to the French this year can cause great attention to public opinion.For example, the third proposal of the National People's Congress, the founder of TCL, the founder of TCL, and the chairman of the TCL, and Li Dongsheng issued the anti -network violence law for the third time.Zhou Shihong's restrictions on the cancellation of the test of criminal children's examinations, abolishing the punishment of direct relatives and relatives on the side of the department, which have been punished by criminal punishment, and affecting candidates or political trials.
Whether it is the anti -network violence law or call for the cancellation of provocative crimes and the restrictions on the suspension of criminals and women, this is not a problem only this year. The first two items are not the first time that the National People's Congress representatives have raised it.Discussion and searched one after another?The biggest reason is that the three years of the epidemic, especially in the later period, did play the effectiveness of "the law of the law", and the improvement of the awareness of the legal system at the level of the public can be expressed to the greatest extent through the two sessions of this year.This is indeed as Zhou Qiang said, "The level of judicial ability is still different from the demand for fairness and justice of the people in the people of the people."
Based on this, the "demand side" that needs to be faced after the general law and the highest prosecution is different from the past, so the real challenge of the "supply side" is not limited to the report."Strive to make the people feel fair and just in every judicial case." This is a promise that the highest legal and highest prosecution reports is made every year.Standards are tested.