How to improve the ability of law enforcement and case handling by investigation and supervision departments

Zhu Tianchang, Procurator-General of the People's Procuratorate, has entered a period of frequent social conflicts due to profound changes in China's economic system, social structure, interest pattern and ideological concepts. In recent years, the number of criminal cases has increased year by year, and the number of cases examined and arrested is on the rise. The workload of supervision of filing a case, supervision of investigation activities and resolution of social contradictions is increasing. The revision of the criminal procedure law also poses a new challenge to the law enforcement and case handling work of the investigation and supervision departments of procuratorial organs. How to improve the ability of investigation and supervision and the level of handling cases under the new situation and new tasks, better crack down on crimes and maintain social harmony and stability has become a difficult problem to be solved urgently in front of the procuratorial police in the investigation and supervision department. How to overcome the problems, strengthen the ability of investigation and supervision, and improve the level of law enforcement and case handling, the author believes that the investigation and supervision department of procuratorial organs should start with the following points: First, do a solid job in the ideological and political work of procuratorial police officers. The investigation and supervision departments of procuratorial organs shoulder the sacred mission of cracking down on crimes, safeguarding human rights and maintaining social stability and harmony. The construction of law enforcement team is the key to the development of investigation and supervision. Only by firmly establishing and practicing the procuratorial professional ethics of "loyalty, justice, honesty and civilization", adhering to the "six concepts" and "six organic unity", striving to cultivate and improve their own political literacy, theoretical level, overall awareness and professional ethics, and constantly enhancing political sensitivity and political discrimination, can we ensure the correctness of the political direction of investigation and supervision work and improve the initiative of serving the overall situation of economic and social development. Therefore, building a politically competent investigation and supervision team is the premise of doing a good job in investigation and supervision. First of all, we should take the ongoing educational practice activities on the theme of core values for political and legal police officers as an opportunity to guide the police officers in the investigation and supervision departments to firmly establish the law enforcement concept of establishing inspection for the public and enforcing law for the people, earnestly put the party's cause first, the people's interests first, the Constitution and the law first, and always really take the party, the people, the law and the judiciary into consideration. Secondly, it is necessary to constantly strengthen the police's awareness of investigation, supervision and inspection. In the process of implementing legal supervision and safeguarding fairness and justice, police officers in investigation and supervision often deal with lawyers and criminals, and have more contact with all kinds of dark sides of society, which is extremely vulnerable to adverse effects. In order to ensure that investigation and supervision police officers live a good life of "power", "money" and "human feelings", it is necessary to carry out special anti-corruption education for investigation and supervision police officers, educate them to establish a correct outlook on life, values and morality, enhance their ability to resist the erosion of decadent ideas such as money worship and hedonism, and establish a good style of public prosecutors' integrity. Third, we should further strengthen the construction of management team. Regularly organize the investigation and supervision of police officers to seriously study and profoundly understand the hard rules such as "Prosecutor Discipline", "Six Banners" and "Nine Frames"; Regularly and systematically carry out discipline education, and earnestly implement the policy of "building hospitals according to law and strictly administering inspections", so that every procurator can be self-respecting, self-vigilant, and self-disciplined, prevent and reduce the occurrence of violations of law and discipline, and keep the thoughts and souls of police officers in the investigation and supervision departments pure. Second, taking the opportunity of learning the new criminal procedure law, we should focus on the construction of investigation and supervision business ability. At present, the law enforcement environment faced by investigation and supervision organs is increasingly complex, and the judicial reform is deepening. The revision of the Criminal Procedure Law puts forward higher requirements for investigation and supervision departments to crack down on crimes, resolve social contradictions and disputes, and do a good job in social stability. Therefore, it is not only the core of improving the ability of law enforcement and handling cases, but also a powerful starting point for the investigation and supervision departments to correctly perform their duties according to law, cope with new challenges under the new situation and new tasks, and improve the credibility of law enforcement. It is necessary to closely focus on the three core functions of the investigation and supervision department, such as examination and arrest, filing supervision and supervision of investigation activities, and effectively improve the handling ability of the investigation and supervision department through organizational learning, professional training and theoretical research. First, we should take the opportunity of studying the revised Criminal Procedure Law, constantly improve the working mechanism of investigation and supervision, and further improve the sense of urgency and initiative of investigation and supervision personnel to actively learn legal professional knowledge and investigation and supervision professional knowledge. This time, the Criminal Procedure Law has been greatly revised, and there are many new clauses, many of which involve procuratorial organs. The new criminal procedure law clearly puts respect and protection of human rights into the task, and modifies and perfects the existing criminal procedure law from eight aspects: evidence system, compulsory measures, defense system, investigation measures and trial procedures, which fully embodies the principle of paying equal attention to combating crime and protecting human rights. Whether the police officers in the investigation and supervision department can master and apply the new legal provisions and their inherent spirit of rule of law has become an important factor affecting the correct application of laws to combat crime and protect human rights. Therefore, learning the new criminal procedure law well is an important task for police officers in investigation and supervision departments at present and in the future. Every police officer should deeply understand the new challenges faced by investigation and supervision after the revision of the Criminal Procedure Law, further change the concept of law enforcement, correctly handle the relationship between combating crime and safeguarding human rights, guide the practice of handling cases with new legal theories, deepen the understanding of legal theories in the practice of handling cases, and implement the legislative spirit of the new Criminal Procedure Law well. We should take various ways to encourage the investigation supervisors to participate in business study and academic degree education, and try to establish online learning forums, business salons and other platforms, so as to create opportunities for the investigation supervisors to learn legal knowledge and exchange experience in handling cases, improve their work level, and constantly improve their knowledge structure, so as to become a skilled backbone and better devote themselves to the sacred duty of fighting crimes and safeguarding human rights. The second is to further improve the ability to correctly apply laws and criminal policies in the process of handling cases. Examining and arresting is an important function of the investigation and supervision department. Examining the quality of arrest is related to the personal freedom of citizens and the fairness and justice of the law. Therefore, it is very important to ensure the review quality of arrest cases. Based on the further refinement of the conditions of arrest in the new Criminal Procedure Law, investigation and supervision personnel must further change the concept of law enforcement, firmly establish the concept of law enforcement and handling cases with equal emphasis on combating crime and protecting human rights, strictly grasp the facts, evidence, laws and procedures of the case, strengthen the examination and determination of evidence, and resolutely exclude illegal evidence. Pay attention to the examination of the evidence of crime and non-crime in the case of arrest, conscientiously implement the quality standards for the examination of arrest, adhere to the quality analysis system of arrest cases, find problems in time, find out the reasons, and continuously improve the quality of arrest cases; After the new Criminal Procedure Law comes into effect, the investigation and supervision departments of procuratorial organs should further strengthen legal supervision, especially in five aspects, such as obstructing the criminal litigation rights of defenders and litigation agents, illegal evidence, review of the necessity of detention after arrest, compulsory measures and compulsory investigation measures, and sum up experience through work practice, constantly improve the supervision mechanism and improve the overall level of investigation and supervision. Third, the investigation and supervision departments of grass-roots procuratorial organs should further improve the professional training and on-the-job training system in view of the fact that there are few cases handled and busy business leads to less training. Adhere to various forms of on-the-job training activities, appropriately increase the number of professional training, enrich the training contents and methods, make extensive use of various training platforms, continuously expand the training scope, solve the current situation that some grass-roots investigation and supervision teams are unfamiliar with procuratorial work and have low legal supervision ability, and continuously improve the professional ability of investigation and supervision personnel in grass-roots hospitals. Fourthly, it is also one of the beneficial ways to actively encourage investigation and supervision personnel to carry out theoretical research and academic exchanges on law enforcement and case handling, such as formulating relevant measures, rewarding police officers who have made outstanding achievements in the theoretical research of investigation and supervision by combining material rewards with non-material rewards, and organizing collective discussions with the authors of theoretical research articles on investigation and supervision in time to further promote the scientific development of investigation and supervision. Third, effectively improve the ability of investigation and supervision departments to resolve social contradictions and maintain social harmony and stability. Against the background of frequent social conflicts and the rapid increase in the number of criminal cases and cases of examination and arrest, it is particularly important to resolve social conflicts and maintain social stability. To this end, the Central Political and Legal Committee put forward the work requirements of political and legal organs to carry out three key tasks and participate in comprehensive management and stability. In the process of examining and approving the arrest, the investigation and supervision personnel must strictly implement the criminal justice policy of combining leniency with severity, combine their own work with the needs of the overall social and economic development, establish advanced law enforcement concepts, correct the old concept of handling cases by case, paying more attention to blows than saving, adhere to the principle of careful arrest and less arrest, and strive to reduce social confrontation. It is necessary to further enhance the ability of explaining the law and reasoning in cases of non-arrest, actively take effective measures to psychologically guide the parties to the case, resolve contradictions, reduce confrontation, continuously improve the ability to handle emergencies involving inspection and complaints involving litigation, actively assist the party Committee and government to do a good job in comprehensive management and stability, give full play to the role of investigation and supervision departments in resolving social contradictions and maintaining social harmony and stability, and strive to achieve the organic unity of legal, political and social effects of investigation and supervision. Fourth, speed up the solution to the problem of personnel shortage that restricts the development of investigation and supervision. Due to the large number of cases examined and arrested and the short time limit, it has become a common phenomenon that the investigation and supervision police are overloaded. In addition, the staffing of investigation and supervision departments is too small, which makes the contradiction between the business volume of investigation and supervision and the number of case handlers very prominent, which is more obvious in grass-roots procuratorates. The present situation of too many cases not only seriously affects the physical and mental health of procuratorial police officers, but also greatly restricts the development of investigation and supervision, which has become one of the bottlenecks to improve the level of law enforcement and case handling in investigation and supervision departments. In recent years, some personnel problems have been solved through special measures of politics and law, but the growth of personnel in investigation and supervision departments is still obviously lower than the annual per capita case handling, and some investigation and supervision departments in grass-roots hospitals even have only one or two case handlers. At the same time, the investigation and supervision department also undertakes special work such as comprehensive management and stability, convergence of the two laws, and cracking down on evil, and the staffing and workload are seriously unbalanced. With the further deepening of the judicial reform and the revision of the Criminal Procedure Law, the investigation and supervision department has added five tasks, namely, the supervision of obstructing the criminal litigation rights of defenders and agents ad litem, the supervision of illegal evidence, the supervision of residential surveillance at designated residences, the review of the necessity of detention after arrest, and the supervision of compulsory measures and compulsory investigation measures. In the face of increasing tasks, it is urgent to solve the shortage of personnel. Hospitals at all levels should actively strive for the support of local party committees and governments with the help of higher-level hospitals, and be equipped with case-handling personnel and equipment corresponding to the work requirements, and appropriately increase the number of people recruited from procuratorial organs in the annual recruitment quota for civil servants; Hospitals at all levels should also do a good job in the reserve and training of investigation and supervision personnel in their own hospitals, focusing on solving the practical problems of insufficient investigation and supervision personnel and lack of talents, so as to lay a solid foundation for the sustainable development of investigation and supervision work.