The investigation report on the new criminal procedure law implementation of district Procuratorate

   Arrangements in accordance with the work plan, September 9th to the district procuratorate to implement the newly revised "law of criminal procedure" situation investigation, on-the-spot observation area procuratorate office facilities and cultural environment, listened to the work report of District People's Procuratorate, the significance and the implementation of "Criminal Procedure Law" of change are the exchange forum.

   The basic situation, district procuratorate to implement the new criminal procedure law

   In 2012, the eleventh session of the National People's Congress passed the fifth meeting on the revision of the criminal procedure law "'' of the people's Republic of China" after the decision, district procuratorate proactive coping, positive action, strengthen training, improve the supporting system, increase the hardware and software investment, improve the level of protection, strict law enforcement, to achieve a smooth transition between the new and the old the criminal procedure law, the legal effect, good political and social effect.

   One is to strengthen the study and training. Specially set up by attorney for leaders, leaders in charge of the deputy head, the departments responsible for human members of the new criminal procedure law training leading group, a police training attendance and remedial system, formulate plans and with the profile implementation of training activities, the new criminal procedure law, criminal procedure law and the interpretation of practical guide, experts of law interpretation as the main content, to focus on learning, group discussion, expert lectures, prosecutors forum as the main form, carry out staff training, improve the officers of the new criminal procedure law understanding level. Held a youth prosecutors forum and the old and the new law docking theory seminar, formed 13 theoretical research articles, a deep understanding of the significance and guiding principle to amend the criminal procedure law, firmly establish the weight of evidence, the facts, research awareness, accurate grasp of the procuratorial organ as in criminal procedure, mission and responsibility requirements, improve the new criminal procedure law understanding level.

   The two is the innovation of work mechanism. The newly revised "law of criminal procedure" always proceed from our national conditions, the implementation of the constitutional principle of respect for and protection of human rights, the evidence system, defense system, system of compulsory measures as an important supplement to modify, all links involved in criminal procedure, put forward many new requirements and new requirements on the procuratorial organ. Based on the analysis of district procuratorate learning seriously, innovation and perfection of the detaining necessity review mechanism, to handle cases of summary procedure working mechanism, coordination mechanism, internal supervision and restriction mechanism for handling, formulated the Interim Measures "custody" to review the necessity, with the district court jointly formulated "about the concentration of handling cases of summary procedure work opinions" public security, court, and the signed "about the arrest of demonstrates the necessity of the implementation opinions" 5 regulations, set up medical room in the working area, a case of centralized management system, established the remote command and synchronous recording system, execute the law enforcement supervision system, effectively improve the level of procuratorial work.

   Three is the prominent case implement. To strengthen the review of arrest, prosecution, self investigation cases, review of the procuratorial supervision work in the implementation of. Change the "traditional practices enough crime that catch", to strengthen the research argues arrest necessity conditions and prove the mechanism, the 33 suspected crime but unnecessary arrest suspects according to law shall not arrest decision. Actively pursued by V. simple conviction in the past, changed to "conviction, sentencing procedure litigation, the validity of evidence litigation, especially v.". To adapt to the new criminal procedural law about "the self incrimination", illegal evidence exclusion, the synchronization of audio and video, lawyers involved in advance and other new regulations and requirements, and job-related crimes has maintained good momentum of healthy development. Earnestly carry out the necessary examination and detention of compulsory medical supervision, the procuratorial suggestions, to supervise the public security organs enforcement of the change of detainees, safeguard the legitimate rights and interests of the parties to the case.

   Can say, in the process of studying and implementing the new criminal procedural law, district procuratorate to carry out an active exploration and practice, has achieved remarkable success, of course, there are some problems and the insufficiency, mainly is the philosophy of law enforcement is still need to be further improved, the field of law enforcement is also facing a much bigger, the construction of supporting system is not comprehensive enough, law enforcement protection the emergence of new problems, measures and enforcement is necessary to further strengthen.

    Two, to the future implementation of the new criminal procedure law proposals

   First, continue to strengthen the study and practice of the new criminal procedure law. Fully understand, accurately grasp the revision of criminal procedure law and historical background, the main content and purpose, strengthen the consciousness of human rights, update the law enforcement philosophy, the procuratorial business content should be accurate grasp, avoid the work of thinking, to ensure that the legislative spirit of the new criminal procedure law throughout the whole process of law enforcement, strengthen legal supervision maintenance of procuratorial organs, to play a greater role in fairness and justice. Especially to strengthen the new criminal procedure law social outreach efforts, strengthen the cadres and the masses to know the law usage of consciousness, as the new criminal procedure law to carry out to create a good social atmosphere and mass basis.

   Second, to further improve the working system. The revised criminal procedure law in the evidence system, compulsory measures, trial, defense system requirements, the protection of minors and other aspects have been revised, put forward many new ideas and rules, which puts forward new challenges and requirements to the procuratorial organs, procuratorial organs must according to the new requirements, the new criminal procedure law new content, new regulations, working mechanism, the working model was revised, based on the existing mechanism innovation, the provisions of the new criminal procedure law to all the rules and regulations to conduct a comprehensive clean-up, where there is a conflict, or not the establishment of supporting measures, will be included in the scope of system construction, to transfer files review of the evidence, witness protection, sentencing procedure, the system should also be combed, formulate relevant supporting system and measures as soon as possible.

   Third, strengthen cooperation with each department of politics and law. Through the joint meeting, seminars, and strengthen public security, courts and judicial administrative departments of communication, the new criminal procedure law relates to the relevant departments docking with the content, one by one, put forward ways and suggestions, to implement the consensus, from the focus on sectoral coordination, coordination of system changes is related to the case litigation, the Public Security Department of criminal activities, "seamless", the various functional departments of authority in the criminal procedure fully, to better reflect the litigation democracy, civilization, litigation, litigation public lawsuit supervision and restrict each other's concept of the rule of law.

   Fourth, to further improve the procuratorial indemnification. After the amendment of criminal procedure law, the procuratorial organs of the task increase, faced with more human, material and financial resources, and other aspects of the pressure, to actively seek the procuratorial organs at higher levels and the level of government support, to further increase investment, improve security, by improving the soft, hardware equipment, and continuously improve the handling condition, ensure the new penalty procedural law to better implement.