SCIO briefing on programs of 2020 national Constitution Publicity Week and work of 7th Five-year Legal Publicity Program
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E-mail China.org.cn, December 10, 2020
China News Service:
As state organs for legal supervision, what are the key tasks of procuratorial bodies in implementing the Constitution and popularizing public knowledge of it? Thank you.
Yang Chunlei:
Thank you for your question. Constitution-based governance is important content of Xi Jinping Thought on the Rule of Law. As state organs for legal supervision, procuratorial organs are duty-bound to ensure the implementation of the Constitution. Procuratorial organs at all levels should take Xi Jinping Thought on the Rule of Law as the central guideline, adhere to our role specified in the Constitution, give full play to our functions of legal supervision, and take effective measures to promote the implementation of the Constitution.
First, thoroughly studying and implementing Xi Jinping Thought on the Rule of Law and the spirit of the Fifth Plenary Session of the 19th CPC Central Committee, and strengthening the awareness of the Constitution. Procuratorial organs should take the study and implementation as an important political task now and in the future with a high consciousness in political, legal and procuratorial terms. We should focus on safeguarding the national political and economic systems specified in the Constitution when fulfilling our duties. We should also adapt to major changes in the structure of criminal offences, conduct less arrests, and practice prosecution and detention with discretion, so as to minimize and resolve social tensions. Procuratorial organs need to implement the leniency system for suspects and defendants who cooperate fully, and actively resolve conflicts and promote innovations in social governance. We have published guiding cases of procuratorial organs performing their duties in accordance with laws to promote innovation in social governance, and encourage procuratorial organs at all levels to promote social governance in handling cases. We have also issued the No. 6 procuratorial recommendation of the Supreme People's Procuratorate on cyberspace governance to relevant administrative supervision departments, helping establish a sound cyberspace governance system.
Second, adhering to the role of procuratorial organs specified in the Constitution to serve and ensure high-quality economic and social development. Procuratorial organs give full play to functions of criminal, civil, administrative, and public interest litigations, and provide powerful judicial guarantees for economic and social development during the 14th Five-Year Plan period through effective efforts. In the fight against COVID-19, the Supreme People's Procuratorate has issued 14 guidelines or guiding opinions independently or together with other departments of the CPC Central Committee. By the end of September 2020, procuratorial organs across the country investigated and arrested 8,032 suspects involving 6,393 COVID-19-related criminal cases, and approved the arrest of 6,480 people in 5,335 cases. They examined and prosecuted 9,083 filings involving 12,280 people, and initiated 6,850 public prosecutions involving 8,682 people.
Third, fulfilling procuratorial duties with people at the center. We should effectively safeguard the rights of the people, comply with their new demands for a better life in the new era, and further emphasize the people-oriented philosophy when supervising cases handling. We have released the regulations for procuratorates on hearings for examining cases, and promoted public hearings for major, difficult and complex cases, so as to increase judicial transparency and strengthen supervision. We have also helped consolidate and expand the outcomes of poverty alleviation, and implemented the mechanism of rapidly returning property involved in poverty alleviation cases. The Supreme People's Procuratorate has promptly published typical cases of duty-related crimes in poverty alleviation, and promulgated the regulations on the rapid return of property involved in poverty alleviation-related criminal cases together with the Supreme Court and the Ministry of Public Security. We have also stepped up efforts in cracking down on corruption, bribery, abuse of power, false reports, false claims and embezzlement in poverty alleviation work. From January to September 2020, procuratorial organs across the country arrested 1,788 people and prosecuted a total of 5,060 people for crimes involving poverty alleviation funds and other crimes affecting poverty alleviation work. We have also promoted judicial assistance with great efforts, while highlighting the assistance to families who have become poor and fallen back to poverty due to legal cases.
Fourth, stepping up efforts in offering non-public sector equal protection, and fostering a sound business environment based on the rule of law. The non-public sector is an important part of the socialist market economy according to the Constitution. In view of that, we have offered non-public sector equal protection in accordance with the law by giving play to our procuratorial functions. We have renewed our concepts and offered equal treatment and protection to state-owned enterprises and private companies, domestic capital and foreign funds, and large, medium, small and micro businesses. We have also resolutely prevented and corrected the practice of differentiated and selective justice, in an effort to create an equal and orderly environment for the market economy.
Fifth, we combine the promotion and popularization of the Constitution with procuratorial work. Procuratorates at different levels have been pushing for regular and institutionalized learning and promotion of the Constitution through various means. They have promoted the spirit of the Constitution at companies, rural areas, government organizations, schools, communities and military camps as well as on the internet. The Supreme People's Procuratorate has leveraged the media matrix of the procuratorial system, both online and offline and both traditional media and new media, to promote and popularize the Constitution in a variety of ways. Procuratorates across the nation have realized full coverage of Weibo, WeChat and mobile application, and 94% coverage of portal websites. The Supreme People's Procuratorate has attracted 54.46 million followers and released more than 210,000 messages on its new media platforms including Weibo, WeChat and mobile application. The Supreme People's Procuratorate has carried out a new media live streaming campaign enabling the public to gain better understanding of the procurators doing frontline work, and for the latter to reach out to society online to popularize law. This live streaming campaign has achieved 290 million views online. Procuratorates at different levels have organized open day events in various forms. They have deepened publicity and educational efforts on Xi Jinping Thought on the Rule of Law and on the idea that the public should respect, learn, obey, safeguard, and make use of the Constitution on the platforms of WeChat, Weibo, and mobile application and by the means of examples of cases, animations, microfilms, public service ads and MVs. On Dec. 3, the Supreme People's Procuratorate hosted an open day event with the theme of "Learn Xi Jinping Thought on the Rule of Law and Enhance Legal Supervision in the New Era". For key groups including youth, procuratorates have attached much importance to educational activities aiming to promote and popularize the Constitution. In September 2018, Zhang Jun, procurator-general of the Supreme People's Procuratorate, accepted the offer to become the vice principal for rule of law at Beijing No. 2 Middle School, and has given lessons on rule of law at the school for three straight years. By the end of September 2020, a total of 33,000 procurators across the country, including over 3,200 procurator-generals at various levels, assumed similar roles in primary and middle schools. In the second half of 2019, the Supreme People's Procuratorate organized a nationwide lecture tour to promote the rule of law at campuses, giving a total of 96,500 lectures to 80.5 million teachers and students at 108,000 schools. So, this is something that we have kept doing in recent years. Let me stop here. Thank you all!
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