The full version of the Supreme People’s Procuratorate’s work report is here

Beijing News News According to the Supreme People’s Procuratorate’s WeChat public account, on the afternoon of March 8, the fourth session of the 13th National People’s Congress held a plenary session. Zhang Jun, Chief Prosecutor of the Supreme People’s Procuratorate, delivered a work report of the Supreme People’s Procuratorate. The full text of the report (review version) is as follows:

Fellow deputies: Now, on behalf of the Supreme People's Procuratorate, I would like to report my work to the General Assembly for deliberation and invite members of the National Committee of the Chinese People's Political Consultative Conference to put forward their opinions.

2020 Work Review

The past year has been extraordinary. Under the strong leadership of the Party Central Committee with Comrade Xi Jinping at its core, and under the strong supervision of the National People's Congress and its Standing Committee, the Supreme People's Procuratorate adheres to the guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era and thoroughly implements the 19th National Congress of the Communist Party of China and the 19th National People's Congress. We must conscientiously implement the spirit of the Second, Third, Fourth and Fifth Plenary Sessions of the Central Committee of the Communist Party of China, conscientiously implement Xi Jinping’s Thought on the Rule of Law, earnestly implement the resolutions of the Third Session of the 13th National People’s Congress, strengthen the “four consciousnesses”, strengthen the “four self-confidences”, and achieve the “two goals”. "Personal protection" has been integrated into the performance of procuratorial duties, actively responded to various risks and challenges, especially the severe impact of the new coronavirus epidemic, and made new progress in various tasks with a high degree of political awareness, legal awareness, and procuratorial awareness of responsibility. Over the past year, procuratorial organs across the country handled a total of 3.01 million cases of various types, a year-on-year decrease of 19.4%. Among them, the number of cases of review and arrest, review and prosecution, and appeal cases dropped by 30.6%, 12.4%, and 46.1% respectively year-on-year; cases of public interest litigation and litigation supervision on the initiative to perform duties increased by 19.2% and 9.6% respectively year-on-year.

1. Actively participate in national governance and use procuratorial protection to promote governance in China

Efforts should be made to promote the construction of a higher level of safe China and rule of law, and consciously play a role in improving the efficiency of national governance. Approved the arrest of 770,561 criminal suspects of various types and prosecuted 1,572,971 people.

Resolutely safeguard national security and social stability. We must adhere to the overall national security concept and severely crack down on infiltration and sabotage activities by hostile forces at home and abroad. Resolutely implement the Law on Safeguarding National Security in the Hong Kong Special Administrative Region. Support Xinjiang and other places in preventing and controlling violent and terrorist crimes in accordance with the law to ensure sustained and long-term social stability. It has always maintained a high-pressure stance against serious violent crimes such as homicide and robbery. It has prosecuted 57,000 people and approved the prosecution of 35 old murder cases such as the "Murder Case of a Girl from Nanjing Medical University". We focused on punishing common property crimes such as theft, fraud, and robbery, and prosecuted 350,000 people. We punished pornography, gambling and drug crimes in accordance with the law, and prosecuted 212,000 people.

We will carry forward the great anti-epidemic spirit while performing our duties in accordance with the law to combat the epidemic and promote economic recovery. A series of judicial policies were promptly introduced to guide the legal prosecution of crimes that impede epidemic prevention and control and build a solid legal defense line against the epidemic. After breaking the routine at the beginning of last year and publishing 10 batches of 55 typical cases in succession, in response to the normalization of epidemic prevention and control, 4 batches of 19 typical cases of strict prosecution were released on nucleic acid test fraud, manufacturing and selling fake vaccines, etc. to guide case handling and deter crime. , early warning society. Procuratorates in Hubei and other places used a combination of leniency and severity, arresting 7,227 people for epidemic-related crimes and prosecuting 11,000 people. Resolutely implement the Party Central Committee's overall arrangements for promoting epidemic prevention and control and economic and social development, formulate and implement the "11 Opinions", and serve the "six stability" and "six guarantees". Focus on stabilizing enterprises and ensuring employment, and make good use of judicial policies to help various enterprises resume work and production and overcome difficulties. We vigorously punished crimes that infringed upon the legitimate rights and interests of private enterprises, and prosecuted 23,000 people, a year-on-year increase of 2.9%. We continue to clean up long-term unsolved business-related "cases". In 2019, 2,687 cases were investigated and 2,315 cases were supervised and closed; last year, we worked with the Ministry of Public Security to investigate and supervise 5,088 cases, liberating enterprises and promoting free development. For the persons in charge of private enterprises involved in business-related crimes, they should not be arrested if they can not be arrested according to law, not prosecute if they can not sue, and not be sentenced to actual sentences. At the same time, they should explore and supervise the compliance management of the enterprises involved and promote "strict management" Institutionalize and prevent "love" from being abused. The procuratorial organ accepted a case of collusive bidding and found out that the six companies involved were coerced by underworld organizations to lend their qualifications. Crimes related to underworld were severely punished in accordance with the law, while the companies were not prosecuted in accordance with the law to encourage them to standardize their operations. A special cleanup of corporate complaints and complaints was carried out, 21,000 cases were investigated, and 5,519 legitimate demands of enterprises were supported. While supporting the development of enterprises, we also safeguarded the legitimate rights and interests of workers in accordance with the law, published typical cases of malicious wage arrears, prosecuted 1,821 people, and supported 11,000 cases of migrant workers suing for wages and rights. Strictly differentiate between malicious wage arrears and wage arrears due to turnover difficulties, and use precise justice to protect enterprises and pursue long-term interests for employees.

Promote the special campaign against gangs and evil to achieve comprehensive victory. The procuratorial organs participated in the three-year special struggle and made it clear from the beginning that "no one who is a gangster crime will be spared, and no one who is not a gangster crime will be spared." Provincial-level procuratorates strictly control gang-related and major crime-related cases; in conjunction with relevant parties The department formulated 9 guiding documents to unify case handling standards and supervised 150 major cases. Since 2018, a total of 149,000 people have been arrested for gang-related crimes, and 230,000 people have been prosecuted. Among them, 54,000 people have been prosecuted for organizing, leading, and participating in organized crimes of a mafia nature, which is 11.9 times the number in the previous three years. Of those cases that were not transferred for prosecution on the grounds of gang-related crimes, 5,732 cases were recognized according to law, accounting for 15.9% of the number of prosecutions; 21,000 cases were transferred for gang-related crimes, accounting for 36.3% of the number accepted. We persisted in eliminating evil and prosecuted 2,987 "protective umbrella" people. Combining case handling with the promotion of law-based governance in key industries and areas, social security order has been significantly improved: the number of criminal cases accepted, reviewed and prosecuted last year was the lowest in the past four years, and the number of serious violent crime cases was the lowest in the past 20 years. This special struggle under the strong leadership of the Party Central Committee has resulted in stronger punishment, better case handling quality, and stricter "breaking the net", and the people have entered a comprehensive well-off society with a more substantial sense of security.

Actively participate in network governance. 142,000 people were prosecuted for cybercrime, a year-on-year increase of 47.9% against the backdrop of a decline in the total number of criminal cases. In response to the accelerating spread of traditional crimes to the Internet, a special procuratorate and case handling steering group has been set up to formulate 65 standards for prosecuting and charging crimes, and make good use of the professional assisted case handling system to promote strict governance of the Internet in accordance with the law. In conjunction with case handling, we issued Procuratorial Recommendation No. 6 to the Ministry of Industry and Information Technology on rectifying the black and gray Internet industry chain, improving mobile Internet supervision and law enforcement capabilities, and increasing online protection for minors, and copied it to the Ministry of Public Security and other departments to jointly promote online order. Comprehensive renovation.

Fulfill our responsibilities in the fight against corruption. Collaboratively improve the connection mechanism between supervision and law enforcement and criminal justice, supervision and inspection cooperate with and restrict each other, and the quality of case handling is continuously improved. 19,760 people referred by supervisory committees at all levels for duty-related crimes were accepted, 15,346 people were prosecuted, and 662 people were not prosecuted. The non-prosecution rate increased by 0.5 percentage points year-on-year; 4,013 people were returned for supplementary investigation, and the rejection rate decreased by 12.4 percentage points year-on-year. Public prosecution was launched against Zhao Zhengyong and other 12 former provincial and ministerial level cadres. The amount of bribes Lai Xiaomin accepted was extremely huge and the crime was extremely serious. He proposed a prosecution opinion on the death penalty and the verdict was adopted. Make good use of legal special procedures to pursue fugitives and recover stolen property. The illegal income confiscation procedure was initiated against corruption and bribery suspects who had fled or died. For the first time, the absentee trial procedure was applied, and a public prosecution was launched against Cheng Sanchang, a corruption suspect who had been absconding abroad for 19 years. A total of 1,421 cases were filed for investigation and prosecution of crimes committed by judicial staff that violated civil rights and undermined judicial impartiality by taking advantage of their powers, a year-on-year increase of 63.1%.

Deeply implement the system of leniency for those who admit guilt and accept punishment. This system originated from the economic development and social stability of our country, and the significant changes in the crime structure. The proportion of felonies continued to decline, and misdemeanor cases continued to increase. The proportion of cases sentenced to fixed-term imprisonment of less than three years or less increased from 53.9% in 2000 to 77.4% in 2020. Comprehensively implement the criminal policy of combining leniency with severity. Serious crimes must be prosecuted strictly, and misdemeanors must be lenient in accordance with the law. Promoting confession and punishment, arresting less and prosecuting with caution will be more conducive to conflict resolution and social governance. The procuratorial organs carry forward the past and the future in criminal proceedings, actively fulfill their leading responsibilities, and work with the public security organs and people's courts to fully utilize and standardize the application. Comprehensively review the facts and evidence of the case, and do not lower the standard of proof because of a guilty plea. Distinguishing the nature, circumstances and social harm of the cases, for those cases where arrests could not be approved according to law and those whose crimes were minor and did not require punishment, 88,000 were not arrested and 202,000 were not prosecuted, which increased the proportion of completed cases by 0.8 and 3.9 percentage points respectively. It is recommended that 25,000 people be released or have their compulsory measures changed if they plead guilty and accept punishment after being arrested. Pretrial detention dropped from 96.8% in 2000 to 53% in 2020. A special report on the application of the system was made to the Standing Committee of the National People's Congress, and 28 measures for deepening implementation were launched based on the review opinions. The application rate of the leniency system for plea guilty and punishment throughout the year exceeded 85%; the adoption rate of sentencing recommendations was close to 95%; and the first-instance sentence compliance rate exceeded 95%, which was 21.7 percentage points higher than other criminal cases. The judicial efficiency is higher and the case handling effect is better.

Promote and improve the social governance system. Using typical cases to lead the rule of law and promote governance is the higher pursuit of prosecutors in handling cases. Regularly publish procuratorial case handling data, case characteristics and trends, and use "Procuratorate Special Reports" to guide dynamic prevention and treatment. Published 6 typical cases of legitimate defense and non-arrest and non-prosecution, including the "case of counterattack against a violent pyramid scheme", "case of resistance to rape leading to the death of a violent man", "case of preventing illegal violent demolition and injury", explaining the concept and rules of legitimate defense, and firmly defending "the law cannot Giving in to lawlessness.” After the "Kunshan Anti-Homicide Case" guiding case was released at the end of 2018, 819 people were not arrested or prosecuted due to legitimate defense in 2019 and 2020, which was 2.8 times the number in the previous two years. The Ministry of Public Security and others have issued guidance to severely punish those who set up bureaus to extort money in the name of being "victimized", so that those who "touch porcelain" will "run into trouble." Internet celebrity "Spice Bi Xiaoqiu" maliciously slandered and disparaged the heroic officers and soldiers who defended the country. The Jiangsu Procuratorate quickly intervened and applied the Criminal Law Amendment (11) that came into effect on March 1 this year. For the first time, it was suspected of infringing on the reputation of heroes and martyrs. The arrest was approved for honor crimes, and a public interest litigation investigation was launched with the support and cooperation of the military prosecutor's office. Heroes cannot be slandered, and the law cannot be challenged.

2. Actively integrate into the overall development situation and use procuratorial services to help build a well-off society in an all-round way

Focus on the decisive victory in building a moderately prosperous society in all respects, focus on winning the three tough battles, effectively perform duties to promote high-quality development, and consciously play a role in serving the overall situation.

Contribute procuratorial power in the decisive battle against poverty. Make good use of the national judicial assistance system to "rescue" victims and their close relatives who are in trouble due to criminal violations and other crimes to prevent them from falling into poverty due to cases. Assistance amounted to 420 million yuan for 32,000 people, a year-on-year increase of 55.2% and 61.3% respectively. When the Hunan Procuratorate handled a gang-related case, it was found that the victim's orphan was left unattended. While placing and rescuing the victim, it coordinated with the civil affairs and education departments to solve the problem of his custody and schooling. In order to allow embezzled and misappropriated poverty alleviation funds to be used as soon as possible, promote Yunnan's experience, establish a mechanism for the rapid return of property involved in poverty alleviation in accordance with the law, change the usual practice of non-return without closing the case, and implement it together with relevant agencies. Last year, prosecutors quickly returned 120 million yuan during their handling of cases, benefiting 32,000 people.

Protect the blue sky, clear water and pure land. To support the prevention and control of pollution, 51,000 people were prosecuted for crimes that damaged ecological environment resources, and 84,000 related public interest litigation cases were handled, an increase of 0.9% and 21% respectively year-on-year. Wanfeng Lake is located at the junction of Guizhou, Guangxi and Yunnan. Due to disorderly breeding and deteriorating water quality, Wanfeng Lake was named by the central environmental protection inspector twice in a row in 2016 and 2017. Treatment and prevention are under separate jurisdictions, but the results are not as good as expected. The Supreme People's Procuratorate directly filed the case, and the party committees and governments of the three places gave strong support to coordinate management, prevention and control, and once again a lake of clear water. Work with the Ministry of Ecology and Environment and others to launch a special crackdown on hazardous waste and environmental crimes. Conduct pilot projects with the Ministry of Natural Resources to strengthen collaboration in the field of land law enforcement and implement the strictest farmland protection system. Promulgate procuratorial policies to ensure the ten-year ban on fishing in the Yangtze River and promote the comprehensive use of criminal, administrative and economic means to punish illegal fishing.

Protect financial security. Strictly pursue financial fraud and crimes that undermine financial management order, with 41,000 people prosecuted, a year-on-year increase of 3.2%. Together with the Ministry of Public Security, we have supervised the handling of 36 major cases such as "Lianbi Finance", "Tongjin Exchange" and "Zhuoda Group"; together with the China Securities Regulatory Commission, we have released typical cases to severely punish financial fraud, market manipulation and insider trading, and safeguard the legitimate rights and interests of investors. Open a financial prosecutorial micro-class to explain the law through cases and guide rational investment. Work with relevant departments to formulate guidance and severely punish money laundering. A total of 707 people were prosecuted for money laundering crimes, 4.7 times the number in 2019.

Follow up on service innovation-driven development. An Intellectual Property Prosecution Office was established to integrate criminal, civil and administrative prosecution functions, strengthen comprehensive judicial protection with a professional case handling team, and pilot it in 9 provinces (cities) including Tianjin, Hainan, and Chongqing. In view of the difficulty in intellectual property criminal cases in which rights holders can safeguard their rights in a timely manner in accordance with the law, a comprehensive notification system of litigation rights and obligations has been launched. Jointly issued a judicial interpretation with the Supreme People's Court, and worked with the Ministry of Public Security to improve the standards for filing and prosecuting cases of trade secret infringement and increase punishment. Cooperated with the National Copyright Administration and others to supervise the handling of 49 major infringement and piracy cases. 12,000 people were prosecuted for intellectual property infringement crimes, a year-on-year increase of 10.4%. The intellectual property rights of domestic and foreign enterprises will be treated equally and protected equally. Handle cases involving scientific research funds with caution, identify whether there is any illegal possession purpose, and be careful not to treat general illegal and disciplinary issues as crimes.

Coordinated development of service areas. Formulate special regulations to serve the construction of free trade zones and support the construction of Hainan free trade port. 21 measures were introduced to support the development of the Guangdong-Hong Kong-Macao Greater Bay Area. The coordinated development of prosecutorial linkage services in Beijing, Tianjin and Hebei supports the construction of Xiongan New Area. Pragmatically deepen procuratorial cooperation in the Yangtze River Economic Belt and implement joint efforts to protect the region. The procuratorial organs of the nine provinces (districts) along the Yellow River jointly protect the ecological environment of the Mother River. The 21 procuratorial opinions of Shanghai, Jiangsu, Zhejiang and Anhui serve the integrated development of the Yangtze River Delta. The 48 procuratorial cooperation mechanisms in Sichuan and Chongqing serve the construction of the twin-city economic circle. Chongqing-Guangxi procuratorial cooperation helps ensure the safe and smooth flow of the New Land-Sea Corridor in the West. The procuratorates of Liaoning, Jilin and Heilongjiang worked together to carry out special supervision of black soil protection to jointly protect "giant pandas in cultivated land".

Promote the formation of a new pattern of comprehensive opening up. Convened a video conference with the prosecutorial agencies of the Shanghai Cooperation Organization member states and BRICS countries to discuss the punishment and prevention of transnational crimes under the background of normalized epidemic prevention and control, and improve the cross-border judicial assistance mechanism. For the first time, typical cases of criminal judicial assistance were released to standardize overseas evidence collection. Handle foreign-related cases in accordance with the law, safeguard national interests and the legitimate rights and interests of the parties, and use the rule of law to escort the construction of the “Belt and Road”.

3. Comprehensively promote the "four major procuratorial work" to maintain fairness and justice through procuratorial supervision

Implement the requirements of the resolution of the Third Session of the 13th National People's Congress on "promoting the comprehensive, coordinated and adequate development of criminal, civil, administrative, and public interest litigation and prosecution work" and consciously play a role in promoting social fairness and justice.

Criminal prosecutions are more robust. Investigative agencies were urged to file 22,000 cases in accordance with the law and supervised the withdrawal of 24,000 cases, a year-on-year increase of 34% and 58.4% respectively. For those who have been arrested and responded to prosecution in accordance with the law but have not been transferred, an additional 20,000 people will be arrested and an additional 29,000 people will be prosecuted. 138,000 people were not arrested and 41,000 were not prosecuted for crimes that did not constitute a crime or lacked evidence. There were 8,903 protests against criminal judgments that were believed to be erroneous, a year-on-year increase of 7.2%. For unjust cases such as the "Zhang Yuhuan Intentional Homicide Case", "Wu Chunhong Poisoning Case" and "Han Xianhui Intentional Homicide Case", we insist that there be no suspicion of guilt and mistakes must be corrected, and it is recommended that the verdict be changed to not guilty. At the same time, opinions on accountability for wrongful cases were issued, and accountability procedures were launched one by one for major wrongful cases that have been corrected in recent years. Correction cannot stop at state compensation, and accountability must fall on the responsible party. In the cases of Sun Xiaoguo, Guo Wensi, Batumeng and "paper sentences" that have attracted wide attention from the society, prosecutorial supervision was just a formality. We deeply reflect: Procuratorate supervision should have discovered outstanding problems in the execution of sentences but failed to discover them, which is a dereliction of duty. It is a dereliction of duty to discover but not Correcting and failing to report is dereliction of duty. Through self-examination and self-correction, 29 prosecutors in 3 cases were severely held accountable. We innovated and implemented the circuit inspection system, directly organized inter-provincial cross-inspection inspections of three prisons, promoted regular intra-provincial cross-inspection inspections, and discovered and corrected a number of serious violations and violations. The Henan Procuratorate discovered during a cross-inspection tour that the supervision order in a prison was once chaotic, and opened a case for investigation against 7 supervisors. At the same time, the 6 assigned prosecutors were seriously held accountable for their corresponding responsibilities. The implementation of responsibilities promotes the implementation of work. Procuratorates across the country supervised and corrected 51,000 improper commutations, paroles, and temporary sentences outside prison, a year-on-year increase of 33%. The TV series "Prosecution Team" is on the air. Fairness and justice "behind the big wall" have attracted much attention, and prosecutorial supervision responsibilities are even heavier.

Civil prosecution is more precise. For typical cases with leading value, we will promote unified judicial standards through protests and promote the resolution of similar problems; more individual case problems will be corrected with procuratorial suggestions. 4,994 civil protests were filed, a year-on-year decrease of 2.1%, and the change rate of cases concluded by the court was 80.7%; 9,900 procuratorial suggestions for retrial were put forward, a year-on-year increase of 24.2%, and the court acceptance rate was 68.7%. 33,000 procuratorial suggestions were made on illegal service delivery, illegal preservation measures, and application of procedural errors in civil trials, a year-on-year increase of 84.4%. 37,000 procuratorial suggestions were made on illegal situations in civil enforcement activities, a year-on-year increase of 59.7%. We continued to deepen special supervision, corrected 10,090 false lawsuits, and prosecuted 1,352 people for suspected crimes, a year-on-year increase of 27.9% and 6.5% respectively. The procuratorial organ discovered that a criminal gang fabricated a lawsuit over a dispute over a sales contract for a plated vehicle, then impersonated the defendant to respond to the lawsuit and defrauded the license plate, creating 283 false lawsuits involving a total amount of 37 million yuan. While pursuing the crime, it made retrial prosecutorial recommendations to 9 relevant courts. Procuratorial Recommendation No. 5 was issued to the Supreme People's Court on preventing false litigation and safeguarding judicial authority.

Administrative inspection continues to be effective. There were 182 protests against administrative adjudication that were believed to be erroneous, a year-on-year increase of 16.7%; 198 prosecutorial recommendations for retrial were made, 2.4 times the number in 2019. 6,067 procuratorial suggestions were made regarding illegal service delivery and violation of legal trial deadlines in administrative trials, 2.2 times the number in 2019. 25,000 procuratorial suggestions were made on illegal situations in administrative execution activities, a year-on-year increase of 93.4%. In response to the idling of some administrative litigation procedures, special supervision was deepened and 6,304 administrative disputes were effectively resolved, including 353 cases that had been litigated for more than 10 years. An applicant filed an administrative lawsuit due to a homestead dispute that could not be resolved for more than ten years. In October 2018, the appeal was dismissed at the second instance and the original judgment was upheld. After accepting the application for supervision, the procuratorial organ reviewed and found that the judgment was not inappropriate. However, in order to resolve the years of litigation, the prosecutor went deep into the village group to find out the root cause of the dispute. After two-way interpretation of the law and reasoning, he urged that the applicant should be compensated. This "ever-lasting problem" "The administrative dispute has finally come to an end.

Public interest litigation and prosecution are expanded in an orderly manner. China’s plan for public welfare judicial protection is eye-catching. Last year, 151,260 public interest litigation cases were filed, including 14,000 civil public interest litigation and 137,000 administrative public interest litigation, a year-on-year increase of 100% and 14.4% respectively. The Supreme People's Procuratorate and provincial procuratorates directly handled a number of cross-regional and influential cases. Practice the concept of win-win, multi-win and win-win. Establish a consultation mechanism, and those who intend to put forward procuratorial suggestions first urge administrative agencies to proactively perform their duties. In view of the illegal enjoyment of relevant tax preferential policies by some polluting enterprises, we will jointly verify and supervise rectification with the State Administration of Taxation, promote the sharing of environmental protection penalty information, and further improve the preferential tax policies. 118,000 pre-litigation procuratorial suggestions were issued, a year-on-year increase of 14.1%; the administrative agencies responded with a rectification rate of 99.4%, and more problems were resolved before litigation. Make litigation a lively legal class. If the procuratorial recommendations cannot be implemented, a lawsuit will be filed to turn the case into a model of the rule of law, promote administration according to law, and warn and educate society. There were 8,010 prosecutions, a year-on-year increase of 67.6%; the courts concluded 5,976 cases and supported prosecution opinions in 5,935 cases. Expand the scope of cases. There were 27,000 cases filed for public welfare damage in new fields that had strong public response, 3.4 times the number in 2019. Publish typical public interest litigation cases in the field of railway production safety to promote environmental safety management along the lines. The procuratorial organs of Hebei, Shanxi, Inner Mongolia, Shaanxi, and Gansu have carried out special supervision of the protection of the Great Wall, and the procuratorial organs of Xinjiang have carried out special protection actions for cultural relics and historic sites. The procuratorial organs of Shanghai and Anhui promote special management of "flying wire charging" of electric vehicles in residential areas to maintain urban public safety. The Guizhou Procuratorate has forced "choose one from the two" online catering platforms, urging the competent authorities to control unfair competition and protect the legitimate rights and interests of consumers.

The Civil Code guides prosecutors in performing their duties. A working meeting on the implementation of the Civil Code was held, special online training was conducted for all staff, and judicial interpretations and related normative documents were comprehensively reviewed. Taking the implementation of the Civil Code as an opportunity, establish a civil procuratorial thinking that combines power supervision and rights relief, and establish civil procuratorial supervision standards that integrate legality and necessity. Taking the Civil Code as an important value guide for the "four major procuratorial organs", criminal prosecution adheres to an objective and fair stance, equally and fully protects the civil rights of litigation participants, and resolutely prevents and corrects interference in civil disputes and economic disputes in the name of criminal cases. Provided 50,000 corrective opinions on illegal investigation activities that infringed upon personal rights, property rights, and personality rights, including illegal evidence collection, illegal seizure, seizure, and freezing. Properly handle cases where criminal and civil legal relations intersect. For cases of civil fraud and contract disputes, accurately determine subjective intent and guard against illegal prosecutions; strictly handle "routine loans" that are disguised as civil transactions and economic disputes and are actually crimes of property infringement. Prosecute according to law.

Build a standardized and orderly relationship between prosecutors and law enforcement. To ensure that lawyers practice their profession in accordance with the law is to protect the legitimate rights and interests of the parties. Supervised and corrected 958 cases in which law enforcement and judicial organs obstructed lawyers from exercising their litigation rights, a year-on-year increase of 30.5%. Promote local procuratorial organs to establish safeguard mechanisms such as remote review of records by lawyers and remote interviews. Actively communicate with judicial administrative agencies, promote and improve the duty lawyer system, and implement prosecution and defense negotiations in cases of guilty pleas and leniency. Join hands with the Ministry of Justice and the National Lawyers Association to establish a regular consultation mechanism to create a positive and constructive prosecutorial-lawyer relationship.

4. Keep close to the people’s hearts and minds as the greatest politics, and use procuratorial work to improve people’s livelihood and well-being

Adhere to the people-centered development idea, pay close attention to the worries, worries and worries of the people, and consciously play a role in protecting the people's rights and interests.

Protect the safety "on the tip of your tongue" and "under your feet". Jointly launched the "Four Strict" special operations with the State Administration for Market Regulation, etc., and worked with 10 departments including the Food Safety Office of the State Council to improve coordination mechanisms such as clue transfer and case notification, and prosecute crimes such as the production and sale of toxic and harmful food, fake and inferior drugs8268 people and handled 27,000 public interest litigation cases in the field of food and drug safety. The Supreme People's Court and the Ministry of Public Security jointly issued guidance to prosecute crimes endangering public safety such as theft, vandalism of manhole covers in public places, and destruction of transportation facilities. Handled 106 criminal cases involving manhole covers and 424 public interest litigation cases. We sorted out the problems in manhole construction, management, and maintenance discovered during the handling of the case, and issued Procuratorial Recommendation No. 4 to the Ministry of Housing and Urban-Rural Development. The Ministry took the lead in formulating guidance on the management of manhole covers and promoted the management of water, electricity, heating, communications, radio and television, etc. Various types of manhole covers have been jointly managed; local procuratorial organs have coordinated implementation and supervised the rectification of 176,000 hidden safety hazards in manholes. Manhole covers must be secure underfoot.

We will handle mass petitions through public hearings. Last year, 927,000 new petitions were received from the masses, all of which were notified within 7 days of "receipt and who is handling it." The response rate of the processing or results within 3 months was 99.8%. Timely responses and attentive handling have won the trust of the masses. The total number of letters and visits to the procuratorial organs dropped by 4.3% year-on-year, and repeated visits dropped by 13.8% year-on-year. Adhering to and developing the "Maple Bridge Experience" in the new era, we concentrated on handling 25,000 backlogged petition cases, of which 1,018 cases that were more than 5 years old were all settled. Promoting Henan's experience, the chief prosecutors of procuratorates at all levels have handled cases that have been difficult to resolve for many years, and received 33,000 visits, 2.4 times the number in 2019. For major disputes or influential cases, innovative public review is conducted in the form of hearings. The chief prosecutor took the lead, and all four levels of procuratorates were covered, organizing 29,000 hearings, 10.8 times the number in 2019. Deputies to the National People's Congress, members of the Chinese People's Political Consultative Conference, people's supervisors, community residents, etc. were invited to participate, allowing the parties to explain the matter clearly, the hearing examiner to clarify the reasons, and the prosecutor to explain the law thoroughly. The resolution rate after the hearing was 83.7%. Launch a live webcast of hearings to promote fairness and win public trust through openness.

Protect the safe and healthy growth of minors. Strictly prosecute 57,000 people for crimes such as sexual assault, abuse of minors, and child trafficking. Together with relevant departments, we have built 1,029 "one-stop" case handling venues to facilitate the completion of inquiries and evidence extraction in one go, and strive to prevent "secondary harm." Regarding guardian infringement and lack of guardianship, 513 cases were supported and recommended, which was 6.3 times the number in 2019. Minors suspected of committing crimes should not only be punished in accordance with the law, but also receive education and assistance, focusing on transformation. Prosecuted 33,000 minors suspected of committing crimes. 11,000 people were subject to conditional non-prosecution for minor crimes and repentance, accounting for 21% of the total number of minor cases handled, an increase of 8.3 percentage points year-on-year. The Procuratorate of Fuzhou, Fujian Province is exploring the use of supervision and custody orders to urge parents to fulfill their disciplinary obligations. The Hunan Procuratorate handled a campus sexual assault case and found that two persons in charge of a certain school neither carefully verified nor reported it to relevant departments after learning about it. They were held criminally responsible for dereliction of duty in accordance with the law. The Law on the Protection of Minors has been revised to incorporate the mandatory reporting of cases against minors and the pre-employment inquiry system for faculty and staff to check illegal and criminal records implemented by the Supreme People's Procuratorate in conjunction with the Ministry of Education, the National Health Commission and others. Children are the future, and judicial protection must continue to be more effective.

Demonstrate the warmth and power of the rule of law. Resolutely safeguard national defense interests and the legitimate rights and interests of servicemen and their families. Prosecuted 381 people for military-related crimes such as damaging military facilities and destroying military weddings. We worked with relevant departments to formulate opinions on strengthening judicial assistance for retired military personnel, and rescued 378 military family members and retired military personnel who suffered illegal abuses, which was three times the number in 2019. Handled 151 public interest litigation cases such as military land protection and environmental improvement around military camps, as well as airport clearance, ship channels, and military facility maintenance. Illegal emissions from a company near a military airport seriously affected military training. The Liaoning Military and District Procuratorate issued procuratorial recommendations, and the local government immediately rectified the problem, and the problem of disturbing the military for many years was systematically solved. Effectively safeguard the legitimate rights and interests of compatriots from Hong Kong, Macao and Taiwan, overseas Chinese and returned overseas Chinese and their family members. Properly handle cases involving Hong Kong, Macao, Taiwan and overseas Chinese in accordance with the law. The "Home for Overseas Chinese Prosecution" in Qingtian, Zhejiang uses remote video to help overseas Chinese solve complaints problems. We will resolutely punish any crime that harms or interferes with medical treatment. 496 people were prosecuted, a year-on-year decrease of 69.7% based on the sharp decrease in the previous two years. Attach great importance to the protection of the rights and interests of special groups. Together with the China Disabled Persons' Federation, we will promote Hangzhou's experience and carry out public interest litigation on barrier-free environment construction, so that people with disabilities can go out with confidence through "love without hindrance". In view of the difficulties of "uncoded elderly people" in traveling and consuming, we launched an information accessibility public interest litigation and urged functional departments to eliminate the "digital divide". Improve the cooperation mechanism with the All-China Women's Federation to protect the rights and interests of women and children.

Reduce the costs of safeguarding rights that should not be incurred and increase the necessary costs of violating the law. The vast majority of judicial cases occur close to the people, and each case touches the hearts of the people and is a "big deal." To make the judiciary both powerful and warm, law, reason and emotion must be integrated into the entire case handling process. Misdemeanors are neither innocent nor harmless. They can be punished lightly in accordance with the law but never indulgently. In view of the frequent infringements on the Internet and the difficulty of individual rights protection, we caught a typical case of two men secretly photographing a courier woman and spreading rumors about her cheating on the Internet. The Zhejiang Procuratorate was instructed to issue procuratorial recommendations. The public security agency opened a case for investigation on suspicion of defamation and transferred private prosecution to public prosecution. For such cases that seriously disrupt public order in the online society, the judicial authorities should bear the responsibility for prosecution and should not make the victims afraid of safeguarding their rights. Those who seize illegal profits and arbitrarily harm public welfare must pay a higher price. Guided the Jiangxi Procuratorate to handle a case of cross-provincial dumping of waste liquid that seriously endangered the drinking water safety of villagers. Because the consequences of harming public welfare were still continuing, the Civil Code was changed for the first time. Litigation request: while assuming liability for damages, the defendant was asked to bear liability for punitive damages. support. Guide the procuratorial organs in Guangdong, Shaanxi, Ningxia and other places to explore punitive damages for civil public interest litigation that endangers food safety, and urge the implementation of business prohibitions. Earning "dirty money" must be severely punished. Do not dare to do it if you are honest, and do not do it if you promote it. Crimes that seriously damage the people's sense of gain must be punished resolutely even if the case value is not high. A moving company hired a moving company at a low price and then raised the price by more than 10 times the agreed-upon price of several hundred yuan. There were 31 cases of extortion. The procuratorate prosecuted 19 people in accordance with the law and removed the "roadblocks" to moving to a new home. Attentively handle "small cases" around the masses to promote the rule of law and warm people's hearts.

5. Keep in mind that when forging iron, you must be strong yourself, and use procuratorial construction to ensure the performance of duties in accordance with the law

Conscientiously implement the spirit of General Secretary Xi Jinping’s important instructions on the construction of political and legal teams, implement the “five excellence” requirements, and consciously shoulder the responsibilities with stronger abilities.

Lead business development with political construction. Learn, think and practice Xi Jinping’s Thought on the Rule of Law, resolutely implement the "Regulations on Political and Legal Work of the Communist Party of China", and consciously integrate into the performance of procuratorial duties. We will thoroughly study and implement the spirit of the Fifth Plenary Session of the 19th Central Committee of the Communist Party of China, and formulate and release the "Development Plan for Procuratorial Work during the 14th Five-Year Plan Period." To implement the main responsibility of the central government for inspection and rectification, the focus is to identify the essence and key points of the problem and rectify it from the source. Revise the rules for the supervision of civil and administrative litigation, formulate regulations for handling public interest litigation, and strictly perform duties in accordance with the law. 9 batches of 34 guiding cases and 81 batches of 525 typical cases were released, requiring mandatory retrieval and reference handling. "Mirror Mirror" was founded to reflect on the lessons learned from violations of disciplines and laws, wrongful cases, and draw lessons from them. Together with the central media, we will select the "Most Beautiful Prosecutors in the New Era", organize outstanding public prosecutor competitions and other professional training, and announce the commendation of 49 outstanding prosecutors and 30 outstanding case handling teams, so that role models can lead the way with strong politics and professional excellence.

Deepen the application of the "case-to-case ratio" quality and efficiency evaluation standard. Publish case quality evaluation indicators centered on "case-to-case ratio" to promote action through knowledge, guide prosecutors to pursue perfection in handling cases, benefit the people, and reduce litigation burden. In 2020, the "case-to-case ratio" of criminal prosecution was 1:1.43, and the "cases" dropped by 0.44 year-on-year, reducing 412,000 non-essential case handling links and "cases" in statistics. More importantly, the procuratorial concept and style are changing: the extension of the review and prosecution period and the return of supplementary investigation dropped by 57% and 42.6% respectively year-on-year; there were 48,000 self-supplementary investigations, 23.5 times the number in 2019; the non-arrest and non-prosecution rate further increased. The number of requests for reconsideration and review by the public security organs dropped by 40.2%, and the quality and efficiency of case handling was significantly improved.

Continue to implement strict inspections. We must adhere to the implementation of the "three regulations" and build a strong institutional "dam" to prevent favor cases, relationship cases, and money cases. Based on the comprehensive report on intervention cases by the fourth-level procuratorates in 2019, an online reporting system was established to provide regular notifications and random inspections. Throughout the year, 67,763 cases of intervention and other matters were recorded and reported, 5.8 times the total in the previous two years. The most important thing is to fill in the report truthfully. When judicial corruption cases occur, the situation will be investigated, recorded and reported. Jia Xiaogang, the former deputy director of the Supreme People's Procuratorate, seriously violated discipline and law. After a thorough investigation, it was discovered that six cadres of the agency failed to register and intervene in the case as required, and the report was reported to the national procuratorial organs. Consciously accepting the supervision of the Discipline Inspection Commission and the dispatched discipline inspection and supervision team, 1,318 prosecutors, including 4 people from the Supreme People's Procuratorate, were investigated for violating disciplines and laws, a year-on-year increase of 2.2%. Among them, 142 people were transferred for criminal responsibility, a year-on-year increase of 20.3%; 589 prosecutors, a year-on-year decrease of 14.3%; and 629 people were involved in prosecutorial case handling activities, a year-on-year decrease of 13.5%. Those who perform their own responsibilities will be affirmed, and those who are passively investigated and dealt with will be held accountable in accordance with disciplines.

Persevere in serving the grassroots and lay a solid foundation. Study and formulate 25 opinions on the construction of grassroots procuratorates in the new era. Provincial procuratorates sorted out 129 grassroots procuratorates that were lagging behind in their work, and team members of the procuratorates at or above the municipal level contacted them at designated points to provide targeted assistance. Comprehensively promote the pairing and co-construction of procuratorates in the eastern, central and western regions, and improve the inter-city and county procuratorate exchange mechanism. Comprehensively implement the Party’s strategy for governing Xinjiang and Tibet in the new era, make overall plans and pragmatically promote procuratorial counterpart assistance, and promote the high-quality development of procuratorial work in Xinjiang, Tibet, Qinghai and other places. Develop and operate version 2.0 of the procuratorial business application system to improve the quality, efficiency and effectiveness of case handling. Implementing a lifelong system of case serial numbers, no matter how many levels or links it goes through, the number one is the last, so that prosecutors can trace cases and implement judicial responsibilities.

Fellow representatives, procuratorial power is vested by the people. We consciously accept the supervision of the National People's Congress and democratic supervision. 1,080 deputies to the National People's Congress and members of the National Committee of the Chinese People's Political Consultative Conference were invited to inspect procuratorial work and participate in procuratorial activities. Systematically sort out the 4,236 opinions and suggestions put forward by the representative committee members during their deliberation reports and inspection discussions, and implement them in daily work. All 204 written suggestions and 57 proposals put forward by the representative members have been completed and responded to. Representative members have been invited to select outstanding replies to suggestions and proposals for three consecutive years. We continued to visit the central committees of democratic parties and the All-China Federation of Industry and Commerce, and all 71 suggestions collected last year were implemented. Consciously accept restrictions on performance of duties. The person in charge of the cases submitted for reconsideration and review by the public security organs was changed for re-examination, and the original decision was changed in 439 cases. Review and review the case-by-case files of public prosecution cases in which acquittals were pronounced. Consciously accept social supervision. The fourth-level procuratorates simultaneously held online and offline procuratorial open days, accepting supervision and not "discounting" due to the epidemic. Only by relying on the supervision of the masses and public opinion can procuratorial supervision do a better job.

Fellow deputies, the development and progress of the People’s Procuratorate lies fundamentally in the strong leadership of the Party Central Committee with Comrade Xi Jinping as the core and in the scientific guidance of Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; it cannot be separated from the strong supervision of the National People’s Congress and its Standing Committee, the State Council Strong support, democratic supervision by the National Committee of the Chinese People's Political Consultative Conference, cooperation and restriction by the National Supervisory Commission, the Supreme People's Court, the enthusiasm of all democratic parties, federations of industry and commerce, non-party personages, people's organizations and local party and government agencies at all levels, representatives, committee members and all walks of life. Care, support and help. On behalf of the Supreme People's Procuratorate, I would like to express my heartfelt thanks!

We are clearly aware that procuratorial work is not in line with the higher requirements of the party and the people and the heavier responsibilities imposed by the development of the times. First, we need to continue to understand and practice Xi Jinping’s thoughts on the rule of law, and the procuratorial concept needs to be updated and transformed. Some prosecutors have problems with case handling and mechanical justice. Second, the legal supervision responsibilities are not fully fulfilled. Dare, poor, and irregular supervision often occur. Top-level design needs to be strengthened, and grassroots civil and administrative prosecutions are still weak. Third, the focus on grassroots organizations, basic work, and basic capacity building is not yet solid. This is the crux of the procuratorial work that cannot keep up. Fourth, the overall planning and implementation of judicial system reform is insufficient, and supporting reform measures need to be improved. Fifth, there are weak links in the comprehensive and strict administration of party inspections. Some prosecutors have neglected their duties, committed corruption and perverted the law, and even acted as a "protective umbrella." The lessons are profound. Problems force us to take responsibility, and we will make great efforts to solve problems and make up for our shortcomings.

Work arrangements for 2021

The Fifth Plenary Session of the 19th Central Committee of the Communist Party of China drew up a grand blueprint for the development of the cause of the party and the country in the new stage of development, and the procuratorial cause has embarked on a new journey. To do a good job in procuratorial work during the "14th Five-Year Plan" period, the fundamental guideline is Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era; the overall requirement is to pay more attention to systemic concepts, rule of law thinking, and strong base orientation, and strive to make the people feel the impact of every judicial case Fairness and justice; the basic layout is the comprehensive, coordinated and full development of the "four major procuratorial work" and "ten major businesses"; the strategic fulcrum is to strengthen grassroots organizations, basic work and basic capacity building; the overall goal is to ensure high-quality economic and social development with the high-quality development of procuratorial work itself Quality development. 2021 is the 100th anniversary of the Communist Party of China. Standing at the historical intersection of the "Two Centenaries", implementing Xi Jinping's thought on the rule of law, coordinating the domestic and international situations, and serving the two major issues of development and security, prosecutors must be more conscious of their responsibilities, shoulder new historical missions, and contribute to the overall A good start and a good start in building a modern socialist country provide a strong legal guarantee.

First, continue to make steady progress and effectively enhance the political consciousness of serving high-quality development. Actively grasp the new development stage, implement new development concepts, build a new development pattern, focus on the economic and social development goals and tasks during the "14th Five-Year Plan" period, and identify the focus of procuratorial services. Precisely manage prominent issues that affect national security, social stability, and people's tranquility, focus on punishing crimes endangering national security, serious violent crimes, economic and financial crimes, and cyber crimes, and promote the prevention and resolution of various risks that affect my country's modernization process. Strengthen supervision and case handling, and promote the normalization of crackdowns on gangs and evil. We will intensify the crackdown on intellectual property infringement crimes, actively participate in rectifying key areas where public complaints are strong and infringement and counterfeiting are common, and promote the improvement of the legal level of intellectual property protection. Punish job-related crimes in accordance with the law. Comprehensive use of procuratorial functions to serve normalized epidemic prevention and control. Strictly punish crimes that endanger food security, food and drug safety, and pollute the environment, and intensify the prevention and control of crimes that endanger production safety. Strengthen the connection of litigation in maritime-related cases and resolutely safeguard the country’s maritime rights and security. Equally protect state-owned and private enterprises, domestic and foreign capital, large, medium, small and micro enterprises; actively and prudently pilot, supervise the compliance management of enterprises involved in the case, and do a good job in the "second half of the article" of not arresting, not prosecuting, and not imposing actual sentences in accordance with the law. Integrate into the construction of safe villages and rule of law villages to help consolidate and expand the results of poverty alleviation and effectively connect with rural revitalization. Consciously integrate socialist core values ​​into judicial case handling. Strengthen case guidance and judicial interpretation work, unify law enforcement and judicial standards, promote the formation of a unified domestic market with efficient regulation and fair competition, and better serve the domestic and international dual cycles. Punish military-related crimes, strengthen military-related public interest litigation, and help strengthen and rejuvenate the military. Exercise judicial sovereignty to safeguard the overseas interests of Chinese enterprises and the security interests of Chinese citizens.

Second, we must pay close attention to implementation and effectively enhance the awareness of the rule of law that is integrated into the comprehensive governance of the country according to law. We must thoroughly implement the spirit of the Central Committee’s work conference on comprehensively governing the country according to law, implement the plan for building a rule of law in China and the implementation outline for building a rule of law society, give full play to the legal supervision function, and increase the intensity of judicial restr