According to the official website of the Supreme People's Procuratorate, the first batch of transfer training classes for the 2024 spring semester of the National Procuratorate College will start on April 8. Ying Yong, Secretary of the Party Leadership Group and Chief Prosecutor of the Supreme People's Procuratorate, emphasized when teaching more than 600 students in five classes trained during the same period that he is good at accurately grasping the substantive legal relationship from complex legal facts and is good at deeply understanding the spirit of the rule of law from specific legal provisions. Being good at achieving fairness and justice in the organic unity of legal conditions is an important manifestation of "handling every case with high quality and efficiency." We must adhere to the guidance of Xi Jinping Thought on the Rule of Law, adhere to the political perspective and focus on the rule of law, deeply understand the basic connotation of the "Three Good Things", accurately grasp the practical requirements of the "Three Good Things", and effectively integrate the "Three Good Things" into all aspects of the entire process of procuratorial case handling, ensure that case handling can withstand the test of law, history and the people, and strive to let the people feel fairness and justice in every judicial case.

On April 8, the first batch of transfer training classes for the 2024 spring semester of the National Prosecutor College started. source:Supreme Inspection website

Ying Yong pointed out: the "three good skills" were put forward by the party group of the Supreme Procuratorate in response to the problems of handling cases and mechanical justice that exist in practice, with different emphasis, but they are interrelated and cannot be neglected. It is the foundation to be good at accurately grasping the substantive legal relationship from the numerous and complicated legal facts, focusing on how to grasp the principal contradiction in the case, requiring a comprehensive and accurate grasp of "based on facts"; being good at deeply understanding the spirit of the rule of law from specific legal provisions is the key, focusing on how to apply the law correctly and requiring a comprehensive and accurate understanding of "taking the law as the yardstick" It is the goal to be good at realizing fairness and justice in the organic unity of legal feelings, focusing on how to ensure the best results in handling cases, requiring comprehensive and accurate coordination of "taking facts as the basis and the law as the criterion". Strive to seek the "maximum common divisor" of fairness and justice within the legal framework. The "three good" originates from the understanding and practice of Xi Jinping's thought on the rule of law, which is both epistemology and methodology, focusing on changing the mode of thinking of procuratorial personnel in handling cases, guiding and optimizing the working mode of handling cases in their duties, and promoting the implementation of the basic value pursuit of "handling every case well with high quality and efficiency" to all aspects of the procuratorial case handling process.

Ying Yong, Secretary of the Party Leadership Group and Chief Prosecutor of the Supreme People's Procuratorate, will teach in the first batch of transfer classes in the 2024 spring semester of the National Procuratorate College. source:Supreme Inspection website

Ying Yong stressed that to be good at accurately grasping the substantive legal relationship from the numerous and complicated legal facts, we must look at the essence through the phenomenon. Legal facts, case facts, objective facts and the substantive legal relationship integrated into them should be consistent in nature, and what connects these aspects is the evidence. Facts and evidence are the basis of fair administration of justice. It is necessary to strengthen the examination of evidence, accurately identify legal facts, reproduce or approach objective facts to the maximum extent, and ensure that "the facts of the case are clear and the evidence is true and sufficient." The examination of evidence should emphasize the principle of personal experience, come out of the case file, come out of the office, and come out of the procuratorial organs, so as to ensure the accuracy and effectiveness. Substantive legal relationship plays a leading and dominant role in many legal relationships involved in a case, and has a decisive impact on the qualitative handling of the case, which is often contained in many legal facts and legal relations. It is necessary to clarify the primary and secondary contradictions, grasp the main aspects of the principal contradictions and contradictions in the case, solve the most critical legal issues, find the substantive legal relationship, and ensure the accurate application of the law. To accurately grasp the substantive legal relationship is a process of stripping cocoons and micro-analysis of doubts, and it is necessary to persist in from the outside to the inside and strengthen deep-seated and substantive supervision.

"The accurate application of the law must be accurately applied with specific legal provisions under the guidance of the spirit and principles of the rule of law." Ying Yong emphasized that the spirit of the rule of law is the legal core that governs legal provisions and provides value guidance for the application and implementation of legal provisions; legal provisions are the external carrier for implementing the spirit of the rule of law and provide institutional soil for the realization and innovation of the spirit of the rule of law. Prosecutorial handling "takes the law as the criterion" not only includes specific legal provisions, but also includes the spirit of the rule of law contained therein. To be good at deeply understanding the spirit of the rule of law from specific legal provisions, we must properly handle the four pairs of dialectical relationships.

The first is the relationship between legal norms and legal provisions. Departmental laws and legal provisions do not exist in isolation, but are organically connected as a whole. It is necessary not only to pay attention to the relationship between general provisions and sub-provisions within departmental laws, but also to be good at coordinating the application of various departmental laws to ensure accurate and standardized application of laws.

The second is strict compliance with the law and the relationship between law and time. We must not only adhere to strict compliance with the law and fair administration of justice, but also ensure that laws are transferred from time to time and at any time, so as to better combine static legal provisions with vivid case handling practices.

The third is the relationship between legal authorization and performance of duties in accordance with the law. As the legal supervision agency of the country, the procuratorial organ must adhere to the principle that "statutory duties must be performed and cannot be performed without authorization by the law." Not only should it fully utilize the powers entrusted to the procuratorial organ by the Constitution and the law, it must also abide by the functional boundaries and not deviate from the procuratorial function or exceed the procuratorial function.

The fourth is the relationship between legal provisions and judicial policies. Judicial policy is an extension of the spirit of the rule of law in judicial practice and plays an important role in guiding the application of law. Procuratorial cases are relatively specific and meticulous, and require coordinated implementation of legal provisions and judicial policies, and accurate application of legal provisions under the guidance and norms of judicial policies.

Ying Yong emphasized that being good at achieving fairness and justice in the organic unity of legal principles and feelings focuses on ensuring the "three effects", requiring evidence in the law, convincing people with reason, and touching people with emotion. Comply with the basic provisions of the law is the most basic requirement for coordinating legal situations. Procuratorial organs must always tighten the string of "strict compliance with the law", adhere to the rule of law thinking and methods, and ensure that all procuratorial cases follow legal provisions and the spirit of the rule of law. Promoting socialist core values in procuratorial cases is an important consideration in coordinating the organic unity of legal conditions. It is necessary to effectively integrate socialist core values into legal supervision and procuratorial performance and case handling, and continue to demonstrate the judicial power of unified legal principles and conditions. Judging whether it is fair and just, there are both objective standards and subjective feelings. We must take the feelings of the people as the first feeling, let fair justice resonate with the "scale" in the hearts of the people, strive to make procuratorial cases better in line with the basic understanding of the people, and make fairness and justice truly felt, felt, feel.

Ying Yong emphasized that integrating the "three virtues" into all aspects of the entire process of procuratorial case handling requires not only the consciousness of prosecutors, but also the improvement of work measures. It is necessary to optimize the system and mechanism for performing duties and handling cases and comprehensively and accurately implement the judicial responsibility system. It is necessary to improve the ability to apply legal policies, strengthen education and training, improve the professional ability training system, thoroughly implement the digital procuratorial strategy, and strive to make prosecutors not only good "capable workers" in performing duties and handling cases in accordance with the law, but also become "skillful craftsmen" in applying legal policies. It is necessary to carry out in-depth party discipline study and education, promote comprehensive and strict inspection in a spirit of self-revolution, strengthen restrictions and supervision on the operation of procuratorial power, strictly implement the "three regulations" to prevent interference in the judiciary, and ensure performance of duties and cases in accordance with the law with a strong disciplinary style.

“入额就要办案,不办案就要退额。这两方面都是全面准确落实司法责任制的题中应有之义。” "We must comprehensively and accurately grasp the protection of minors, have zero tolerance for crimes against minors, and strengthen the prevention and management of crimes committed by minors." “法律监督模型建设很重要,建好以后的推广、复制和应用更为重要。要坚持建用并举、注重应用,使法律监督模型真正赋能法律监督。”“正确把握依法监督与绩效考核间关系,必须树牢和践行正确政绩观。无论是检察业务管理,还是检察人员考核,最终目的都是促进检察人员依法履职,不能舍本逐末。”……授课后,应勇与学员们现场互动交流,对学员们提出的员额检察官办案、未成年人犯罪预防和治理、法律监督模型应用、优化考核评价指标等问题,耐心进行了解答。

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