The Supreme People's ProcuratorateOn strengthening and improving the criminal appeal procuratorial work

In order to thoroughly implement the spirit of the party's eighteen big, give full play to the criminal appeal procuratorial functions, better safeguard the legitimate rights and interests of citizens, promote judicial impartial and honest, maintaining social harmony and stability, we hereby put forward the following opinions on strengthening and improving the criminal appeal procuratorial work:

Overall requirements, strengthen and improve the criminal appeal procuratorial work

1. the importance and urgency of strengthening and improving the criminal appeal procuratorial work. Appeal, obtains the national compensation is the basic civil rights prescribed by the constitution of china. In recent years, the procuratorial organs at all levels to enforce law for the people, serving the overall situation, increasing the criminal appeal procuratorial work, effectively safeguard the interests of the masses, the people and maintain social harmony and stability and fairness and justice of the role, but the criminal appeal procuratorial work is still weak, in the philosophy of law enforcement, the strength, the system mechanism, ability and quality aspects are urgent improved. At present, the masses of the people to safeguard their own rights and interests by way of criminal appeal, apply for state compensation law and the means of the growing awareness of the growing, demand. The party's eighteen big stressed, more attention should be paid to play an important role in the state governance and the rule of law in social management, perfect the power restriction and supervision system, expression, smooth and regulating the mass appeal interest coordination, rights protection channel, improve the ability to do mass work under the new situation, put forward higher request to the criminal appeal procuratorial work. The procuratorial organs at all levels to further implement the spirit of the eighteen, the purpose of law enforcement for the people, strengthen the social management and innovation, strengthen the legal supervision and self supervision, adhere to and develop Chinese socialist procuratorial system, to respect and safeguard human rights, and better maintain social harmony and stability and fairness and justice of the highly, cogent strengthen and improve a criminal the procuratorial work.

2The criminal appeal procuratorial. Functions and responsibilities. The criminal appeal procuratorial is the people's Procuratorate criminal appeal, state compensation and assistance to the criminal victim cases of functional activities, is an important part of the legal supervision of procuratorial organs, is an important part of the judicial remedies procedure, bear right relief, judicial supervision, the supervision of law enforcement, to resolve social conflicts and other multiple functions. With the relevant laws of the modification and the deepening of reform, the criminal appeal procuratorial functions expanding, mainly: (1The acceptance, review and review) refuses to accept the people's Procuratorate criminal appeal case end processing decision, make maintenance decision or correct (according to law2Accepting examination and review), the people's court criminal justice of appeal, on the wrong to appeal or retrial procuratorial suggestions and attends the court supervision, and correct the illegal acts of criminal trial supervision procedure in (3) unified for people's Procuratorate of criminal compensation in the case of the organ liable for compensation, supervision of the compensation committee of the people's Court of criminal compensation decisions, the civil administrative litigation compensation decisions and the people's court shall judge (administrative compensation in accordance with the law4) assistance to victims of criminal or his near relatives.

3The basic principle of criminal appeal. The procuratorial work.

--Objective and impartial, handle cases according to law. In strict accordance with the statutory authority and procedures for exercising their functions and powers, take facts as the basis, take the law as the criterion, objective and neutral, avoid leaning to either side, rational and calm, civilized norms handling appeals, handling cases, to ensure that test for every case law stand, history and people.

--Seek truth from facts, correction in accordance with law. Proceed from the actual situation, a comprehensive review of the evidence, correctly determine facts, apply the law correctly, stability, not only maintaining effective judicial decisions and the seriousness, and to resolutely correct the judicial decision and judgment errors, safeguard judicial justice, safeguard the legitimate rights and interests of citizens.

--A comprehensive review, open and efficient. Adhere to a comprehensive review, case review, without complaint and the limits of reason, are not affected by the original case handling decisions and judgments. Deepening the judicial transparency, improve work efficiency, to ensure the people's right to know, participate in and express the right to supervise, in accordance with the law.

--Convenient appeal, positive relief. Enforce law for the people, smooth complaint channels, starting from conducive to safeguarding the legitimate rights and interests of the parties, to solve practical problems the masses complaints reflect. Simplify relief procedures, strengthen the rescue work, the maximum to meet the legitimate demands, demonstrate judicial humanistic care.

--Overall performance, pay attention to the effect. To fully perform its criminal appeal procuratorial functions and duties, to strengthen and improve mass work under the new situation, to safeguard the rights and interests and maintain stability, law enforcement and implementation of policy, judicial oversight and judicial relief, law enforcement and case handling and resolving contradictions together, realizes the legal effect and social effect, political effect of organic unity.

4. overall train of thought to strengthen and improve the criminal appeal procuratorial work. The current and future periods, the procuratorial organs shall spirit earnestly study and implement the party's eighteen big, Deng Xiaoping theory, the important thought of "Three Represents" and Scientific Outlook on Development as guidance, closely around the overall work of the party and country, firmly establish the "six", "six unification", "four must" other procuratorial work development philosophy and philosophy of law enforcement, accurately grasp the criminal appeal procuratorial functions and basic principle, adhere to the law enforcement as the center, in accordance with the general requirement to strengthen the right relief, strengthen supervision, strengthen the contradiction, to increase the criminal appeal, the criminal victim state compensation and case management, focus on solving outstanding problems complaints reflect, to improve law enforcement standardization, specialization level, promoting the criminal appeal procuratorial work of scientific development, development, innovation and development, in order to safeguard the legitimate rights and interests of citizens, maintain social harmony and stability, safeguard the socialist rule of law to make a positive contribution to.

Two, to promote the criminal appeal cases for work

5．Increase handling criminal appeal cases. Adhere to the law enforcement as the center, according to the quantity, quality, efficiency, effectiveness, safety and the organic unity of the requirements, conscientiously do a good job in all kinds of criminal appeal case review and case review. To accept, processing, on time limit according to the law on all kinds of criminal appeal cases, to accept a, for one, appeal to a. Correctly grasp the filing standards, in line with the criminal appeal cases on file standards and timely filing review, and resolutely overcome the legislation does not stand, a case can not do phenomenon. Adapt to the demands of the people's growing, increase the criminal appeal review efforts, improve work efficiency. Pay attention to combining the found behind the criminal appeal case judicial injustice, not cheap, the timely transfer of duty crime clues. Stick with error prevention and correction, pay attention to through the in-depth analysis of the duty crime investigation, arrest, prosecution and law enforcement link existing problems, put forward to strengthen the source of governance, to promote the standardization of law enforcement proposals, better play the role of internal supervision.

6．To improve the quality of the criminal appeal cases protest. To dare to supervise, good supervision, supervision according to law, standardize the supervision, post supervision, perfect criminal trial supervision procedure and criminal appeal case features of legal supervision mode. Implementation of the rule of law, and resolutely, accurate, timely, effective supervision principle, correctly grasp the protest standard, accurate protest advice. Adhere to a comprehensive review, the focus of the review of the controversial facts, evidence and applicable law, strengthen the protest. Explore the prosecutor meeting system, perfect the expert consulting system, strengthen the protested case of collective research and screening, regular quality of case analysis, organize the evaluation of quality, improve the quality of the appeal case. Implementation of the reasoning system in protest, conscientiously perform their duties at the court, the integrated use of protest, retrial procuratorial suggestions and other means, to promote the people's court shall be amended according to the law. Correctly handle the relationship and cooperation of supervision, and improve the people's court and the relevant departments communication and coordination mechanisms, joint research to solve practical problems in criminal appeal cases handled.

7．To resolve contradictions, people work through the beginning. Adhere to the management and implementation of the criminal appeal cases after appeal to measure, do good masses work organically, make the greatest efforts to resolve social contradictions. Pay attention to correct the attitude of law enforcement, fully listen to the appeal, active and timely communication reply, careful explanation, analysis method of reasoning, the actual problem, reasonable to properly resolve the testimonies, promote to conclude the case and. To resolve the active invite NPC deputies and CPPCC members, the people's supervisor, lawyers, and legal experts in public scrutiny and contradiction, strengthen coordination and co-ordination, and actively take reasoning and interpretation, psychological counseling, assistance, education and guidance in a variety of ways, trying to do a good job with the breath appeal. Establish complaint risk warning system, to guide the parties in accordance with the law, safeguard the rights and interests of rational expression of demand. Implement the system of petition on procuratorial issues end to end, the appeal case actively coordinate relevant departments to implement the education, and resolve the contradictions and other measures. Strengthen the appeal case risk assessment and early warning, to ensure the safety and effect of handling cases.

8．Constructing a scientific and efficient operation of the division of labor, the working pattern. Rational division of different levels and clear the procuratorate handling duties, high school and provincial Procuratorate's main duty is to handle the complaints, to strengthen the guidance, strengthen theoretical research and legislation, strengthening the construction of standardization and system; municipal procuratorate main duty is to handle the complaints, and strengthen the work of research and its guidance, strengthen coordinate local case management; grass-roots procuratorates are the main responsibilities for the court of appeal cases and assigned by the superior Procuratorate, to handle a case, strengthen the supervision of the retrial procuratorial suggestions, as well as by the superior procuratorate assigned to work. Municipal, county procuratorate to increase for the first time the appeal case review and review efforts, improve the quality and efficiency of case handling, and strive to resolve in the appeal case. Provincial procuratorate to increase of major, key appeal case review and review efforts, on the wrong must be resolutely, timely, in accordance with the law, supervision and rectification, give full play to the exemplary, leading role.

9．To adapt to the establishment of criminal procuratorial work integrated management mechanism. According to the characteristics of the leadership system the procuratorial organs, establish a vertically integrated, division of labor and cooperation, closely cooperate with the criminal appeal case handling mechanism. In handling cases of appeal in criminal jurisdiction, which adhere to the classification, classification management, and pay attention to business guidance and coordination role of higher Procuratorate, unified deployment of the force, take assigned, turn do, supervision, participated, review the relevant criminal appeal case. The procuratorates at all levels and departments should support each other with the criminal appeal case management, lower the procuratorate to the hospital for appeals to cooperate with superior procuratorate completes the case investigation, reasoning and interpretation, with the interest litigation, the case handling department complaints if the party refuses to accept the decision of the procuratorial organs should cooperate with the criminal appeal procuratorial departments investigation of the case, reasoning and interpretation, after the appeal to work.

Three, to promote state compensation and criminal victim relief work

10．To the timely processing of criminal compensation cases. Set up according to law, fair, timely compensation concept, timely accept, a careful review of criminal compensation for damages, who meet the conditions should be in accordance with the law, timely compensation, to prohibit the abuse of the exemption clause to avoid liability, delay in performing the obligation of compensation. Adhere to the indemnity claimant's legitimate rights, improved methods of handling cases of criminal compensation way, explore the establishment of compensation system to inform, to provide convenience for the parties, coordinate the compensation decision execution.

11．Actively carry out the national compensation and supervision. Accurately grasp the method of state compensation supervision work tasks and methods, objective and rational, in accordance with the law to perform their duties for the state supervision. Dredge and widen the source of the case, continue to strengthen supervision. Highlight the focus of supervision, strengthen the supervision of the compensation is not paid, compensation decision obviously wrong and the existence of judicial personnel take bribes and bend the law behavior cases. Improve the means of supervision, in accordance with the accurate proposed re examination opinions and strengthen the tracking supervision, to ensure the effectiveness of supervision.

12．Further assistance of criminal victims. Take the initiative to strengthen consultation and coordination with relevant departments, strive for the support, the implementation of relief funds, to ensure healthy development. Insist on bailout and authority rescues unifies, thinning assistance program, improve the communication mechanism, strengthen internal linkage, enhance rescue work force and effect. Perfect relief conditions, scope, focus on the development of non prosecution cases of criminal victim relief work, actively and steadily carry out other criminal victim relief work. Establish and improve the coordination mechanism of criminal victims relief work and criminal appeal cases after the appeal, the criminal reconciliation work, as well as with other judicial relief, social relief work linkage mechanism, to solve the legal problems of the masses and the practical difficulties. Strengthen the experience summary, investigation and system construction, promote the criminal victim relief work process.

Four, efforts to improve the standard of criminal appeal procuratorial work, professional level

13．Establish and perfect the criminal appeal procuratorial work specification. According to the criminal appeal procuratorial functions and duties, perfect law enforcement basic norms of law enforcement, strengthening the rigid requirements, guarantee the criminal appeal procuratorial work healthy order development. Aiming at the problem of existence, the relevant provisions of the criminal appeal and assistance to the criminal victim state compensation cases handled is not clear, the arbitrariness of law enforcement and so on, to further refine the procedures, improve the procedural rules, clear the law enforcement standard, strict enforcement of the law, the law enforcement standardization. Strengthen coordination and cooperation with the relevant legislation, judicial organs, perfecting the criminal appeal procuratorial laws, judicial interpretations and regulations. The establishment of the case guidance system, strengthen the research, uniform standards of law enforcement. According to the uniform case, management, dynamic supervision, case law enforcement management system assessment, comprehensive evaluation requirements, strengthen the management of the criminal appeal cases. Actively promote the criminal appeal procuratorial information construction, pay attention to the role of information in the specification of law enforcement and case handling, convenient masses complaints such as role.

14．Improve the implementation of the public examination, "two meeting" case handling system. Strict implementation of the criminal appeal cases the public examination system, principles, procedures and requirements to accurately grasp the public examination, comprehensive use of a variety of forms to increase public scrutiny, pay attention to the organic combination of the public examination system and people's supervisors system, the work system, improve the level and effectiveness of public scrutiny. Actively explore the grass-roots public scrutiny, into the community, into the village and published online, close to the masses, a new mode of economic and convenient new initiatives, better to promote fair and open, to win public trust. Stick to and improve the review of criminal appeal cases "two meeting" system, in the case of review and review the end must meet with the complainant, listen to and solve the complainant reflect problems, do a proper review of execution and aftermath appeal to work. Analysis and reporting system of criminal appeals, criminal compensation cases, regular analysis of the original outstanding problems in the management, put forward the improvement opinions and suggestions to the relevant departments.

15．Reform of the criminal appeal procuratorial documents the reasoning system. In strict accordance with the law, accurate, fair and open specification requirements, deepen the reform of the criminal appeal procuratorial documents, improve the content and form, to regulate the use, and further enhance the documents for rational, openness, said. Increase the criminal appeal procuratorial documents reasoning and interpretation efforts, whether it is correct or maintain the original decision, appeal or protest, not compensation or no compensation, to the appeal and the reasons, from the facts, admissibility of evidence, legal application, rational, peaceful, civilization, standardized response, enhance documents to persuade force, credibility. Improve the end of the review report internal working documents, strengthen the rehabilitation appeal to the work plan, pay attention to analysis of its law enforcement issues, promote the source control and internal control.

16．The composite type, professional criminal appeal procuratorial team construction. In-depth study and implement the spirit of the party's eighteen big, carry out the mass line of the party education practice, improve the ideological and political quality. Strengthen business training, broaden the training channels, innovative training methods, strengthen standardization training using a variety of training platform and resources, ensure every two years on all levels of the criminal appeal procuratorial personnel training again. Activities extensively post training, business competition, case study, the case on behalf of training, focus on improving the examination review cases, support of the appeal court, found the correct illegal ability especially the ability to guide the mass work ability and response to public opinion, pay attention to the cultivation of skilled talents a number of business. Take hangs duty to take exercise, practice, establish and perfect the subordinate Institute of East and West, the criminal appeal procuratorial personnel exchanges and training mechanism, the establishment of national and provincial criminal appeal procuratorial personnel database, carry out good handling of experts and fine case selection activities, and constantly improve the team specialization level. Strengthen anti-corruption and discipline construction, strengthen supervision and management, strict work discipline, improve law enforcement style, establish a good image of honest work, fair law enforcement, enthusiastic service.

Five, strengthen the criminal appeal procuratorial work

17．Adhere to the criminal appeal procuratorial work in a more important position to grasp. The criminal appeal procuratorial work is an important business of procuratorial organs at all levels, procuratorate party and attorney general to bring the work into important schedule, often listen to reports, study deploy works, support the criminal appeal procuratorial departments perform their duties according to law, to take effective measures to promote the formation of criminal appeal procuratorial business and other coordinated development of procuratorial work pattern. The procuratorates at all levels in the attorney general to personally command the deployment, to strengthen the organization and coordination, timely solve the major problems in the case handling, team building, the major and complicated cases, personally led to work to do after the appeal. The relevant business departments to support the criminal appeal procuratorial departments work, and consciously accept the supervision, work together to do a good job with the breath appeal.

18．To strengthen the criminal appeal procuratorial work guiding. The superior procuratorate to often sent to the grass-roots level, check the lower procuratorate launched criminal appeal procuratorial work especially for the case of criminal appeal and the development of new business work, summing up the experience, find out problems, give guidance. The macro guidance and case guidance organically, sound business work regular reporting system, explore the establishment of the online case discussion platform and guidance of case base, strengthening supervision, carrying out work, and strengthen the case supervision, earnestly implement the case filing examination system. The establishment and perfection of the criminal appeal procuratorial work scientific evaluation system, play a role of inspiration and guidance of appraisal mechanism. Prominent problems of lower procuratorate important deployment, working for regional criminal appeal procuratorial major cases and existing should report timely to the superior Procuratorate, decision deployment of higher procuratorate and decides to hundred-percent implementation. Strengthen the contact, to achieve the information channels, the situation and problems reflect the true, timely find and solve problems in work.

19．To perfect the criminal appeal procuratorial work security. Attach great importance to, and strengthen the construction of the criminal appeal procuratorial agencies, provincial, municipal procuratorate has the condition and the heavy task of grass-roots procuratorates can implement the criminal appeal procuratorial institutions and accused the procuratorial agencies into, no separate handling group, should be special clear the specialized procuratorial personnel responsible for the criminal appeal procuratorial business settings. According to the actual needs of the criminal appeal procuratorial business development, appropriate increase in compiling the criminal appeal procuratorial department staff, enrich the criminal appeal procuratorial team chosen be in the full vigour of life, with criminal court and the civil administrative procuratorial work experience in handling cases of compound talents, optimize team age, knowledge structure, professional. Complete with strong criminal appeal procuratorial department leadership. The strict requirements and care for the combination of advanced individual, advanced collective, the criminal appeal procuratorial work outstanding performance to give merit recognition and promotion. To strengthen the criminal appeal procuratorial equipment support construction, improve the public examination, psychological counseling, remote interrogation work and attend retrial court required facilities and funds guarantee.

20．Pay attention to the criminal appeal procuratorial theory. Create a condition actively, through research, organizing essay writing activities, research platform and the carrier theory provides theoretical research methods, strengthen the criminal appeal procuratorial theory and application theory study, pay attention to strengthen the research on criminal appeal procuratorial basic attributes, functions, operation procedure, supervision, institutional mechanisms and related legal issues and practical problems, deeply exploring the development rules of criminal appeal procuratorial work, and constantly improve the Chinese characteristic socialism theory system of criminal appeal procuratorial, provide the powerful theory support for the criminal appeal procuratorial work innovation and development.

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